WEDNESDAY, JULY 22, 2020 10:51 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, JULY 21ST.
MRS. PEOPLE-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
1
NYS ASSEMBLY JULY 22, 2020
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, JULY 21ST
AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. HERE WE'D LIKE TO INSERT A QUOTE FOR TODAY. THIS ONE IS
COMING FROM IDA B. WELLS AND IT'S REALLY BRIEF, BUT IT'S VERY PROFOUND.
IT SIMPLY STATES: "THE WAY TO RIGHT WRONGS IS TO TURN THE LIGHT OF TRUTH
UPON THEM." AGAIN, IDA B. WELLS.
MR. SPEAKER, GOOD MORNING TO ALL WHO ARE IN THE
CHAMBERS AND THOSE WHO ARE WITH US REMOTELY. YESTERDAY WAS A
PRETTY PRODUCTIVE DAY. WE'D LIKE TO MIRROR THAT AND HAVE ANOTHER
PRODUCTIVE DAY, AS WELL. MEMBERS HAVE ON THEIR DESK OR AT -- AVAILABLE
TO THEM A MAIN CALENDAR, AN A-CALENDAR AND A DEBATE LIST. AT THIS
TIME, MR. SPEAKER, I WOULD LIKE TO ADVANCE THE A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WE WILL CONTINUE OUR WORK TODAY BEGINNING WHERE WE LEFT
OFF YESTERDAY ON CONSENT, BEGINNING WITH RULES REPORT NO. 267, WHICH
IS ON PAGE 11, AND WE'RE GOING TO GO THROUGH RULES REPORT NO. 283,
WHICH IS ON PAGE 14. WE WILL ALSO WORK OFF THE DEBATE LIST, AS WELL,
AND TAKE UP SOME BILLS ON CONSENT FROM THE A-CALENDAR.
MEMBERS SHOULD BE AWARE THAT THERE ARE GOING TO BE
2
NYS ASSEMBLY JULY 22, 2020
SOME COMMITTEE MEETINGS TODAY: CODES, JUDICIARY, WAYS AND MEANS
AND RULES. THOSE COMMITTEES WILL PRODUCE A B-CALENDAR, WHICH WE
WILL TAKE UP AT SOME POINT TODAY OR TOMORROW; HOPEFULLY TODAY.
MEMBERS SHOULD BE AWARE ALSO THAT WE WILL NEED TO STAND IN RECESS
AROUND 1:00 O'CLOCK TODAY FOR MINORITY CONFERENCE, WHICH WILL BE
IMMEDIATELY FOLLOWED BY THE COMMITTEE MEETINGS JUST LAID OUT FOR
YOU. AGAIN: CODES, JUDICIARY, WAYS AND MEANS AND RULES. THOSE
SHOULD START AT 2:00.
THE PROCEDURES FOR DEALING WITH THESE -- THIS
MOVEMENT THAT'S GOING TO HAPPEN BETWEEN SESSION AND CONFERENCE
AND COMMITTEE MEETINGS AND BACK TO SESSION, MAJORITY MEMBERS
SHOULD SIMPLY REMAIN IN OUR ZOOM SESSION DURING RECESS AND
COMMITTEE MEETINGS. COMMITTEE MEMBERS WILL BE AUTOMATICALLY
MOVED BY OUR TECHNICAL STAFF TO THE ZOOM COMMITTEE MEETING. I WILL
JUST REPEAT THAT --
(LAUGHTER)
-- MAJORITY MEMBERS SHOULD SIMPLY REMAIN IN OUR
ZOOM SESSION DURING THE RECESS AND COMMITTEE MEETINGS. COMMITTEE
MEMBERS WILL BE AUTOMATICALLY MOVED BY OUR TECHNICAL STAFF TO THE
ZOOM COMMITTEE MEETING. MINORITY MEMBERS WILL NEED TO EXIT OUR
ZOOM SESSION IN ORDER TO PARTICIPATE IN THEIR VIRTUAL CONFERENCE.
UPON THE CONCLUSION OF THAT CONFERENCE, THEY SHOULD RETURN TO THE
ZOOM SESSION VIA THE EARLIER LINK. MINORITY COMMITTEE MEMBERS WILL
THEN AUTOMATICALLY BE MOVED TO OUR -- BY OUR TECHNICAL STAFF TO THE
ZOOM COMMITTEES. UPON THE CONCLUSION OF COMMITTEES, WE WILL BE
3
NYS ASSEMBLY JULY 22, 2020
ABLE TO THEN RESUME OUR SESSION PROCEEDINGS.
I WOULD ALSO LIKE TO TAKE THIS OPPORTUNITY TO REMIND
MEMBERS THAT WE WILL BE OPERATING UNDER THE SAME RULES AS WE DID
YESTERDAY. JUST A REMINDER, THOSE PARTICIPATING BY ZOOM SHOULD UTILIZE
THE "RAISE HAND" FUNCTION WHEN SEEKING TO BE RECOGNIZED FOR DEBATE OR
TO EXPLAIN THEIR VOTE. AS IN OUR PREVIOUS REMOTE SESSIONS, WHEN WE
ARE ON A FAST ROLL CALL OR A PARTY VOTE, MEMBERS WISHING TO BE AN
EXCEPTION SHOULD CONTACT THEIR RESPECTIVE MAJORITY LEADER'S OFFICE OR
MINORITY LEADER'S OFFICE.
WITH THAT, MR. SPEAKER, I BELIEVE WE'RE READY TO
PROCEED CONSIDERING THE IMPORTANT WORK BEFORE US, AND IF WE COULD
PLEASE START WITH RESOLUTIONS ON PAGE 3.
ACTING SPEAKER AUBRY: CERTAINLY. BUT
BEFORE WE GO THERE, WE'D LIKE TO REMIND ALL MEMBERS ON BOTH SIDES OF
THE AISLE THAT THIS IS A LIVE BROADCAST AND THAT YOU ARE -- AS YOU DEBATE
BILLS, AS YOU QUESTION, YOU MUST BE DRESSED IN -- APPROPRIATELY FOR THE
CHAMBER IN ORDER FOR US TO MAKE SURE THAT WE'RE CONDUCTING BUSINESS
IN THE SAME MANNER AS IF YOU WERE HERE. WE HOPE THAT YOU WILL
REMEMBER THAT. WE KNOW YOU ARE DOING THIS REMOTELY AND SOMETIMES
WE CAN BE A LITTLE LAX. IF YOU ARE NOT PREPARED TO PRESENT YOURSELF IN
CHAMBER-READY ATTIRE, WE WILL HOLD OFF AND LET -- GO TO THE NEXT
MEMBER WHO MIGHT BE WAITING TO SPEAK OR -- AND/OR DEBATE, AND YOU
WILL BE NOTIFIED BY YOUR MAJORITY STAFF OR MINORITY STAFF TO COME INTO
COMPLIANCE. WE APPRECIATE YOU, AND WE THANK YOU.
NOW, MR. WALCZYK FOR AN INTRODUCTION. THE FIRST THAT
4
NYS ASSEMBLY JULY 22, 2020
WE'VE HAD IN SOME TIME, MR. WALCZYK.
MR. WALCZYK: WELL, THANK YOU VERY MUCH, MR.
SPEAKER. AND THANK YOU, MADAM MAJORITY LEADER, AND TO OUR
MINORITY LEADER, AS WELL, AND THIS AUGUST BODY FOR ALLOWING ME TO
BRIEFLY INTERRUPT OUR PROCEEDINGS TO INTRODUCE SOMEONE WHO, THE LAST
TIME SHE WAS IN THIS CHAMBER SHE WAS MY FIANCÉE, AND ON THE 21ST OF
SEPTEMBER IN 2019, SHE BECAME MY WIFE. I'D LIKE TO INTRODUCE YOU TO
THE FIRST LADY OF THE FRONT YARD OF AMERICA, JESSICA KAITLIN PIATT
WALCZYK.
(APPLAUSE)
ACTING SPEAKER AUBRY: CERTAINLY. JESSICA,
ON BEHALF OF MR. WALCZYK, YOUR HUSBAND, THE SPEAKER AND ALL THE
MEMBERS, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY.
WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE CERTAINLY APPRECIATE
THE FACT THAT YOU HAVE COME TO SHARE WITH YOUR HUSBAND AND WITH US
PROCEEDINGS EVEN IN AN EMPTY CHAMBER. AND SO, CLEARLY WE ARE HAPPY
TO SEE YOU, KNOW THAT YOU ARE ALWAYS WELCOME HERE. AS A PART OF THIS
FAMILY, YOU ARE ALWAYS WELCOME TO COME. THANK YOU SO VERY MUCH.
STAY HEALTHY, STAY WELL. THANK YOU.
(APPLAUSE)
RESOLUTIONS ON PAGE 3, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 969, RULES
AT THE REQUEST OF MR. ZEBROWSKI.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M.
CUOMO TO PROCLAIM JUNE 2020, AS MIGRAINE AND HEADACHE AWARENESS
5
NYS ASSEMBLY JULY 22, 2020
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 970, RULES
AT THE REQUEST OF MS. BUTTENSCHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M.
CUOMO TO PROCLAIM JULY 2020, AS ICE CREAM MONTH IN THE STATE OF
NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 971, RULES
AT THE REQUEST OF MS. SIMON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JULY 2020, AS CLEFT AND CRANIOFACIAL
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 972, RULES
AT THE REQUEST OF MR. CUSICK.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 2020, AS BRAIN ANEURYSM
AWARENESS MONTH IN THE STATE OF NEW YORK.
6
NYS ASSEMBLY JULY 22, 2020
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 973, RULES
AT THE REQUEST OF MR. BARRON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 2020, AS BREAST CANCER
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
PAGE 11, RULES REPORT NO. 267 ON CONSENT. THE
CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10316, RULES REPORT
NO. 267, LIFTON. AN ACT TO AUTHORIZE THE CITY OF CORTLAND, IN THE
COUNTY OF CORTLAND TO OFFER AN OPTIONAL 20-YEAR RETIREMENT PLAN TO
FIREFIGHTER TRAVIS MARSHALL.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 267. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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.)
7
NYS ASSEMBLY JULY 22, 2020
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10415, RULES REPORT
NO. 268, COMMITTEE ON RULES (LIFTON). AN ACT TO AMEND THE TAX LAW,
IN RELATION TO AUTHORIZING THE CITY OF ITHACA TO ESTABLISH HOTEL AND
MOTEL TAXES.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 268. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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 TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I WILL BE
SUPPORTING THIS BILL, ALTHOUGH I DO NOTE THAT SOME OF MY COLLEAGUES WILL
HAVE CONCERN BECAUSE IT DOES INCREASE THE HOTEL AND MOTEL TAXES IN THE
CITY OF ITHACA. UNFORTUNATELY, SINCE ALMOST EVERYONE IN THE NATION IS
NOW BANNED FROM COMING AND VISITING UNLESS THEY'RE STAYING FOR TWO
WEEKS, THOSE WHO DO COME TO THE CITY OF ITHACA WILL STAY FOR A MUCH
LONGER TIME, HOPEFULLY. AND SO, HOPEFULLY THAT WILL HELP THE LOCAL
MUNICIPALITY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
8
NYS ASSEMBLY JULY 22, 2020
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICAN MEMBERS IN THE NEGATIVE ON THIS LEGISLATION:
MR. FITZPATRICK, MR. FRIEND, MR. MONTESANO, MR. NORRIS, MR. LIPETRI,
MR. SCHMITT, MR. PALUMBO, MR. DIPIETRO, MR. DESTEFANO, MS.
MALLIOTAKIS, MR. KOLB, MR. BYRNE AND MR. REILLY. PRESUMABLY, THESE
REPUBLICAN COLLEAGUES LOVE THE CITY OF ITHACA, BUT JUST DON'T WANT TO
PAY MORE WHEN THEY'RE VISITING. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF YOU COULD RECORD OUR MAJORITY COLLEAGUES IN THE NEGATIVE
ON THIS ONE: MRS. BARRETT, MR. BURKE, MS. GRIFFIN, MS. MCMAHON, MR.
RAMOS, MR. SANTABARBARA, MR. STERN, MR. STIRPE, MS. WALLACE, MR.
BARNWELL, MR. MILLER, MS. BUTTENSCHON AND MR. CUSICK.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
ALSO ADD IN THE NEGATIVE ON THIS ONE, MR. BARRON.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
9
NYS ASSEMBLY JULY 22, 2020
THE CLERK: ASSEMBLY NO. A10428, RULES REPORT
NO. 269, COMMITTEE ON RULES (HEVESI, JAFFEE). AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO DEFINING A KINSHIP CAREGIVER.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10463-A, RULES
REPORT NO. 270, COMMITTEE ON RULES (GOTTFRIED, WEPRIN, DE LA ROSA,
JAFFEE, MCDONALD, LENTOL, SEAWRIGHT, DINOWITZ, CRUZ, HUNTER, TAYLOR,
DICKENS, L. ROSENTHAL, SIMON, ORTIZ, D'URSO, QUART, PAULIN, BRONSON,
CAHILL, MOSLEY, PERRY, CUSICK, LIFTON, ENGLEBRIGHT). AN ACT TO AMEND
THE PUBLIC HEALTH LAW, IN RELATION TO REVIEW OF POLICIES AND PRACTICES
RELATING TO ANY INFECTIOUS DISEASE OUTBREAK IN CORRECTIONAL FACILITIES,
INCLUDING THE TREATMENT AND PREVENTION OF THE DISEASE AMONG INMATES
AND STAFF.
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 RULES REPORT NO. 270. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. A10470-A, RULES
REPORT NO. 271, COMMITTEE ON RULES (FALL, SIMON, DARLING,
10
NYS ASSEMBLY JULY 22, 2020
O'DONNELL, WALKER, DICKENS, CUSICK, TAYLOR). AN ACT IN RELATION TO
DIRECTING THE COMMISSIONER OF HEALTH TO CONDUCT A STUDY ON THE
DELIVERY OF AMBULATORY CARE ON STATEN ISLAND.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR [SIC] NO. 271. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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.)
TO EXPLAIN HIS VOTE, MR. FALL.
MR. FALL: THANK YOU, MR. SPEAKER; THANK YOU
MADAM MAJORITY LEADER AND THE PROGRAM AND COUNSEL STAFF THAT
WORKED REALLY HARD ON THIS BILL, INCLUDING MY STAFF. AS MANY OF YOU
KNOW, WE DON'T HAVE A PUBLIC HOSPITAL ON STATEN ISLAND AND THEY'RE IN
THE MIDDLE OF A PANDEMIC. WE HAD AN URGENT CARE FACILITY THAT CLOSED
DOWN WITHOUT ANY NOTIFICATION TO THE PUBLIC. AND SO, WHAT THIS BILL
WILL DO, IT WOULD REQUIRE THAT ANY URGENT CARE FACILITIES ON STATEN ISLAND
PROVIDE A 30-DAY NOTIFICATION TO STATE DEPARTMENT OF HEALTH, AND IT
WILL ALSO DO A STUDY ON URGENT CARE FACILITIES ON STATEN ISLAND TO ENSURE
-- OR TAKE A LOOK AT ANY ISSUES THAT THE PUBLIC MAY NOT SEE THAT'S AN
ISSUE. SO, YOU KNOW, I WITHDRAW MY REQUEST AND VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. FALL IN THE
AFFIRMATIVE.
11
NYS ASSEMBLY JULY 22, 2020
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10566-A, RULES
REPORT NO. 272, COMMITTEE ON RULES (HEVESI, BARRON, COLTON). AN
ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO REQUIRING THE
COMMISSIONER TO PREPARE A REPORT OF THE SHELTERED AND UNSHELTERED
HOMELESS POPULATION DURING A STATE DISASTER EMERGENCY.
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 RULES REPORT NO. 272. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. A10567-A, RULES
REPORT NO. 273 WAS PREVIOUSLY AMENDED ON THIRD READING.
ASSEMBLY NO. A10634-B, RULES REPORT NO. 274,
COMMITTEE ON RULES (MCDONALD). AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO INSTILLING MYDRIATIC OR CYCLOPLEGIC EYE DROPS BY
PERSONS TRAINED AND DEEMED QUALIFIED BY SUPERVISING LICENSED
PHYSICIANS OR SUPERVISING LICENSED OPTOMETRISTS; AND TO REPEAL CERTAIN
12
NYS ASSEMBLY JULY 22, 2020
PROVISIONS OF SUCH LAW RELATING THERETO.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT MAY 5TH --
MAY 20TH, 2020.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 274. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. A10652-A, RULES
REPORT NO. 275, COMMITTEE ON RULES (D'URSO). AN ACT AUTHORIZING
THE COUNTY OF NASSAU TO ALIENATE CERTAIN LANDS USED BY -- AS PARKLANDS
TO ENABLE THE PORT WASHINGTON WATER DISTRICT TO CONSTRUCT, MAINTAIN
AND OPERATE A WATER TREATMENT FACILITY.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 275. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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.)
13
NYS ASSEMBLY JULY 22, 2020
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WE HAVE
SEVERAL OF OUR COLLEAGUES WHO WOULD LIKE TO BE RECORDED IN THE
NEGATIVE ON THIS ONE: MS. GLICK, MR. BARRON, MR. CAHILL, MS.
WEINSTEIN, MR. MILLER AND MS. SIMON.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, MRS. PEOPLES-STOKES.
ARE THERE ANY OTHER VOTES? THE BILL IS PASSED --
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
AND NOW THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A107-- A10673, RULES
REPORT NO. 276, COMMITTEE ON RULES (HEVESI, BARRON). AN ACT TO
AMEND THE SOCIAL SERVICES LAW, IN RELATION TO USING SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM BENEFITS TO PURCHASE ONLINE GROCERIES
AND TO THE STATE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM OUTREACH
PROGRAM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10674-A, RULES
REPORT NO. 277, COMMITTEE ON RULES (OTIS, MCDONALD, MOSLEY,
DICKENS, SEAWRIGHT). AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
WRITTEN NOTICE REQUIREMENTS FOR MASS LAYOFFS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
14
NYS ASSEMBLY JULY 22, 2020
THE VOTE ON RULES REPORT NO. 277. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. OTIS TO EXPLAIN HIS VOTE.
MR. OTIS: THANK YOU, MR. SPEAKER. THIS
LEGISLATION COMES FROM AN EVENT THAT OCCURRED IN THE DISTRICT THAT I
REPRESENT, A LARGE LAYOFF OF A BIG PROPERTY. BUT WHAT IT BRINGS US IS
SOME LEGISLATION THAT SHOULD BE HELPFUL TO EVERYBODY IN THE STATE,
WHICH IS IF THERE'S GOING TO BE A LARGE LAYOFF, THIS LEGISLATION NOW
REQUIRES THE LOCAL GOVERNMENTS AND SCHOOL DISTRICTS AFFECTED TO RECEIVE
NOTICE UNDER THE LABOR LAWS WARN NOTICE. AND IN THE CASE THAT WE
HAD, THERE WERE A NUMBER OF LOCAL GOVERNMENT IMPACTS, NOT JUST THE
LOSS OF THE JOBS, BUT OTHER KINDS OF IMPACTS AND COSTS TO TAXPAYERS THAT
WE'RE NOW GOING TO GIVE LOCAL GOVERNMENTS AND SCHOOL DISTRICTS EARLY
NOTICE OF, AS WE ARE GIVING EARLY NOTICE TO WORKERS.
IT'S A GOOD PIECE OF LEGISLATION. I THANK THE HOUSE FOR
PASSING IT. I'M CONFIDENT IT'S GOING TO PASS IN THE OTHER HOUSE AND I
THINK WE'RE DOING SOMETHING GOOD HERE FOR LOCAL GOVERNMENTS, SCHOOL
DISTRICTS AND COMMUNITIES WITH THIS LEGISLATION. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MR. OTIS IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
15
NYS ASSEMBLY JULY 22, 2020
THE CLERK: ASSEMBLY NO. A10741, RULES REPORT
NO. 278, COMMITTEE ON RULES (GLICK, GRIFFIN). AN ACT IN RELATION TO
PERMITTING THE EDUCATION DEPARTMENT TO RENEW LIMITED AND PROVISIONAL
PERMITS FOR ADDITIONAL -- AN ADDITIONAL 12 MONTHS.
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 RULES REPORT NO. 278. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. A10743, RULES REPORT
NO. 279, COMMITTEE ON RULES (HEVESI, BARRON). AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO PROVIDING THAT RECEIPT OF THE
TEMPORARY EMERGENCY INCREASE IN UNEMPLOYMENT COMPENSATION
BENEFITS AS PROVIDED FOR BY THE FEDERAL CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY ACT (15 U.S.C. SEC. 9023) SHALL NOT AFFECT BENEFIT
ELIGIBILITY FOR CERTAIN PUBLIC ASSISTANCE BENEFITS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10774, RULES REPORT
NO. 280, COMMITTEE ON RULES (LIFTON, SAYEGH). AN ACT TO AMEND THE
GENERAL CITY LAW, IN RELATION TO EXEMPTING THE CITY OF CORTLAND FROM
16
NYS ASSEMBLY JULY 22, 2020
ARTICLE IV OF THE GENERAL CITY LAW.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 280. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. A1078 -- A10783-A,
RULES REPORT NO. 281 WAS PREVIOUSLY AMENDED ON THIRD READING.
ASSEMBLY NO. A10793, RULES REPORT NO. 282,
COMMITTEE ON RULES (GLICK). AN ACT TO AMEND THE EDUCATION LAW, IN
RELATION TO THE ISSUANCE OF CERTIFICATE OF RESIDENCE FORMS TO INDIVIDUALS
DESIRING TO ENROLL IN COMMUNITY COLLEGES AS NON-RESIDENT STUDENTS.
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 RULES REPORT NO. 282. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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.)
17
NYS ASSEMBLY JULY 22, 2020
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10796, RULES REPORT
NO. 283, COMMITTEE ON RULES (GRIFFIN). AN ACT TO AUTHORIZE THE
VILLAGE OF MALVERNE, IN THE COUNTY OF NASSAU, TO OFFER A 20-YEAR
RETIREMENT PLAN TO POLICE OFFICER THOMAS SMITH.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 283. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF YOU COULD PLEASE RECORD OUR COLLEAGUE, CHARLES BARRON, IN
THE NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: SO NOTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MR.
FITZPATRICK IN THE NEGATIVE ON THIS BILL, AS WELL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
18
NYS ASSEMBLY JULY 22, 2020
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD
ASSEMBLYMEM -- ASSEMBLYMEMBER DIPIETRO IN THE NEGATIVE, AS WELL.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. COULD WE PLEASE RECORD OUR COLLEAGUE, MS. FAHY, AS A NO ON
THIS ONE, AS WELL.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
MR. GOODELL AGAIN.
MR. GOODELL: ALSO MR. WALCZYK WILL BE IN THE
NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. SO NOTED,
MR. WALCZYK.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
NOW TURN OUR ATTENTION TO THE A-CALENDAR, WHICH YOU ADVANCED EARLIER,
AND GO RIGHT TO PAGE 3 AND START WITH RULES REPORT NO. 284. AND WE'RE
GOING TO JUST KEEP GOING, MR. SPEAKER; WE MIGHT BE ABLE TO KNOCK THIS
19
NYS ASSEMBLY JULY 22, 2020
ONE OFF.
ACTING SPEAKER AUBRY: CERTAINLY, MRS.
PEOPLES-STOKES.
ON THE A-CALENDAR, RULES REPORT NO. 284. THE
CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00042, RULES REPORT
NO. 284, PERRY, BARRON, COLTON, COOK, NIOU, RIVERA, SEAWRIGHT,
WEPRIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
PUBLIC NOTIFICATION OF TRACKING RETURN POLICY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03173-A, RULES
REPORT NO. 285, DINOWITZ, GOTTFRIED, ARROYO, STIRPE, GALEF, JOYNER,
PICHARDO, ABINANTI, FAHY, SEAWRIGHT, EPSTEIN. AN ACT TO AMEND THE
GENERAL BUSINESS LAW, IN RELATION TO PROHIBITING CERTAIN PRACTICES BY
BUSINESSES MAKING AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER TO
CONSUMERS IN THE STATE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 285. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
20
NYS ASSEMBLY JULY 22, 2020
(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. A05839-A, RULES
REPORT NO. 286, PAULIN, ABINANTI, BUCHWALD, GALEF, OTIS, PRETLOW,
SAYEGH. AN ACT TO AMEND THE WESTCHESTER COUNTY ADMINISTRATIVE
CODE, IN RELATION TO THE LEASE OR SALE OF REAL PROPERTY FOR PARK PURPOSES.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 286. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. A07508-B, RULES
REPORT NO. 287, MOSLEY, REYES, WRIGHT. AN ACT TO AMEND THE
BANKING LAW, IN RELATION TO PROHIBITING STATE CHARTERED BANKING
INSTITUTIONS FROM INVESTING IN AND PROVIDING FINANCING FOR PRIVATE
PRISONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
21
NYS ASSEMBLY JULY 22, 2020
THE CLERK: ASSEMBLY NO. A08034, RULES REPORT
NO. 288, DINOWITZ. AN ACT TO AMEND CIVIL PRACTICE LAW AND RULES, IN
RELATION TO CLASS ACTIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09097, RULES REPORT
NO. 289, GOTTFRIED. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO APPLICATIONS FOR FUNDS UNDER THE PHYSICIAN LOAN REPAYMENT
AND PHYSICIAN PRACTICE SUPPORT PROGRAMS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, 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 RULES REPORT NO. 289. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. A09684, RULES REPORT
NO. 290, EPSTEIN, REYES, OTIS. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO LOCAL SOLID WASTE MANAGEMENT PLACES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
22
NYS ASSEMBLY JULY 22, 2020
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 290. THIS IS A FAST ROLL CALL. MEMBERS --
ANY MEMBER WISHING 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. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. THIS IS AN IMPORTANT BILL BECAUSE AS WE MOVE
FORWARD WITH THE ENVIRONMENTAL -- WITH THE ENVIRONMENTAL ISSUES,
ASSURING THAT WE HAVE SOLID WASTE PLANS THAT INCLUDE COMPOSTING AND
RECYCLING IS CRITICAL. I WANT TO THANK THE LEADERS FOR PUTTING THIS BILL
BEFORE US AND I ENCOURAGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10001, RULES REPORT
NO. 291, THIELE, PALUMBO, MCDONOUGH, LIPETRI, RA, MIKULIN,
DESTEFANO, SMITH, LAVINE, GRIFFIN, ENGLEBRIGHT, D'URSO, STERN. AN ACT
TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE
REGULATION OF MINING AND THE RECLAMATION OF MINES WITHIN COUNTIES
WITH A POPULATION OF ONE MILLION OR MORE WHICH DRAW THEIR PRIMARY
SOURCE OF DRINKING WATER FOR A MAJORITY OF COUNTY RESIDENTS FROM A
23
NYS ASSEMBLY JULY 22, 2020
DESIGNATED SOLE SOURCE AQUIFER; AND TO REPEAL CERTAIN PROVISIONS OF SUCH
LAW RELATING THERETO.
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 RULES REPORT NO. 291. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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.)
ACTING SPEAKER WOERNER: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10034, RULES REPORT
NO. 292, GOTTFRIED, HUNTER, GALEF. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO REQUIRING PARITY IN THE STANDARDS OF DENTAL
TELEHEALTH SERVICES.
ACTING SPEAKER WOERNER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 294 [SIC]. THIS IS A FAST ROLL CALL.
ANY MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
24
NYS ASSEMBLY JULY 22, 2020
RULES REPORT NO. 292. SORRY.
(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. A10236-B, RULES
REPORT NO. 293, GALEF, BUCHWALD, SEAWRIGHT, HUNTER, COLTON,
ABINANTI, THIELE, DINOWITZ, JAFFEE, CARROLL, FAHY, GOTTFRIED,
MCMAHON, CAHILL, MOSLEY, MONTESANO, B. MILLER, JACOBSON, PAULIN,
BARRON, DICKENS, SAYEGH, ORTIZ, L. ROSENTHAL, ENGLEBRIGHT, WALLACE,
MAGNARELLI, SIMON. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN
RELATION TO PROVIDING FOR DECOMMISSIONING OVERSIGHT BOARDS FOR
NUCLEAR POWER PLANTS IN NEW YORK STATE.
ACTING SPEAKER WOERNER: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A10317, RULES REPORT
NO. 294, PEOPLES-STOKES. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO A QUORUM OF THE ADVISORY COUNCIL ON LEAD POISONING
PREVENTION.
ACTING SPEAKER WOERNER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 294. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
25
NYS ASSEMBLY JULY 22, 2020
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. A10581-B, RULES
REPORT NO. 295 WAS PREVIOUSLY AMENDED ON THIRD READING.
ASSEMBLY NO. A10803-A, RULES REPORT NO. 296 WAS
PREVIOUSLY AMENDED ON THIRD READING.
ASSEMBLY NO. A10805-A, RULES REPORT NO. 297,
COMMITTEE ON RULES (PERRY). AN ACT TO AMEND THE JUDICIARY LAW, IN
RELATION TO THE STATE COMMISSION ON PROSECUTORIAL CONDUCT.
ACTING SPEAKER WOERNER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE BILL IS LAID
ASIDE.
MR. OTIS.
MR. OTIS: MR. [SIC] SPEAKER, WE'RE NOW GOING TO
MOVE TO - AND COLLEAGUES - TO THE DEBATE LIST FOR CALENDAR NO. 38. THAT
WILL BE RULES REPORT NO. 171, MR. BRONSON; RULES REPORT NO. 180,
MR. OTIS; RULES REPORT NO. 181, MR. EPSTEIN AND RULES REPORT NO.
185, MS. PAULIN.
ACTING SPEAKER WOERNER: THANK YOU, MR.
OTIS.
26
NYS ASSEMBLY JULY 22, 2020
PAGE 5, RULES REPORT NO. 171, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07646-A, RULES
REPORT NO. 171, BRONSON, JOHNS, KOLB. AN ACT TO AMEND THE GENERAL
MUNICIPAL LAW, IN RELATION TO ENSURING PAID EMPLOYEES OF A COUNTY
AIRPORT OR COUNTY AVIATION DEPARTMENT WHICH PERFORM FIRE RESPONSE OR
FIRE RESCUE DUTIES ARE ELIGIBLE FOR EQUAL BENEFITS AS OTHER PAID
FIREFIGHTERS.
MR. GOODELL: EXPLANATION, PLEASE.
ACTING SPEAKER WOERNER: MR. BRONSON, AN
EXPLANATION HAS BEEN REQUESTED.
MR. BRONSON: YES, MR. [SIC] SPEAKER. THIS BILL
IS GOING TO AUTHORIZE BENEFITS TO FIREFIGHTERS WHO ARE PAID FIREFIGHTERS
THROUGH A COUNTY FIRE DEPARTMENT OR A COUNTY AVIATION DEPARTMENT, AND
THIS RECTIFIES DECISIONS MADE BOTH BY PERB, AS WELL AS THROUGH OUR
COURT SYSTEM THAT HAD DEEMED THAT THESE FIREFIGHTERS WHO PERFORM THE
SAME TYPE OF DUTIES AS OTHER PAID FIREFIGHTERS WOULD NOT BE COVERED
UNDER THE BENEFIT SECTION OF GENERAL MUNICIPAL LAW 207-A.
ACTING SPEAKER WOERNER: MR. TAGUE.
MR. TAGUE: MR. [SIC] SPEAKER, THIS ISN'T THE BILL
THAT I HAD ASKED TO SPEAK ON.
ACTING SPEAKER WOERNER: OKAY. THANK
YOU, MR. TAGUE.
MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
27
NYS ASSEMBLY JULY 22, 2020
ACTING SPEAKER WOERNER: WILL THE SPONSOR
YIELD?
MR. BRONSON: YES, I WILL, MADAM SPEAKER.
ACTING SPEAKER WOERNER: MR. BRONSON
YIELDS.
MR. GOODELL: THANK YOU, MR. BRONSON. THIS
WOULD BASICALLY REQUIRE PREVAILING WAGES, IF I'M NOT MISTAKEN, FOR
COUNTY AIRPORT AND COUNTY AVIATION DEPARTMENTS? I'M SORRY, THE SAME
TYPE OF BENEFITS FOR FIRE EMPLOYEES; IS THAT CORRECT?
MR. BRONSON: NO, THAT IS NOT CORRECT.
MR. GOODELL: WHAT WOULD THIS BILL DO?
MR. BRONSON: WHAT THIS BILL WOULD INDICATE THAT
PAID FIREFIGHTERS WHO ARE EMPLOYED BY COUNTY -- BY COUNTY AIRPORTS AND
COUNTY FIRE DEPARTMENTS PERFORMING DUTIES AT COUNTY AIRPORTS OR
EMPLOYEES OF THE COUNTY AVIATION DEPARTMENT WOULD GET PAID THE
DISABILITY BENEFIT FOR AN INJURY THAT WOULD OCCUR ON THE JOB, SIMILAR TO
OTHER PAID FIREFIGHTERS. THE STATUTORY LANGUAGE HAS BEEN INTERPRETED BY
PERB, AS WELL AS THROUGH THE COURT OF APPEALS, NOT INCLUDING -- NOT TO
INCLUDE THESE PAID FIREFIGHTERS, NOTWITHSTANDING THEY PERFORM THE SAME
TYPE OF DUTIES AS OTHER PAID FIREFIGHTERS WHO WORK FOR FIRE DISTRICTS.
MR. GOODELL: THANK YOU. ONE OF THE CONCERNS
THAT'S BEEN RAISED IS WHETHER IT'S APPROPRIATE FOR THE STATE TO IMPOSE
NEW TERMS OR CONDITIONS THAT AFFECT OTHER MUNICIPAL LOCAL EMPLOYEES,
PARTICULARLY OTHER LOCAL EMPLOYEES THAT MAY ALREADY BE COVERED BY A
COLLECTIVE BARGAINING AGREEMENT. WHAT IS THE POSITION OF THE LOCAL
28
NYS ASSEMBLY JULY 22, 2020
GOVERNMENTS AS IT RELATES TO THESE EMPLOYEES OF THEIRS?
MR. BRONSON: WELL, THIS ACTUALLY CREATES PARITY,
BECAUSE OTHER FIREFIGHTERS WHO PERFORM THESE SAME DUTIES WHO WORK
FOR MUNICIPALITIES SUCH AS VILLAGES, CITIES AND TOWNS RECEIVE THESE
BENEFITS, BUT THOSE FIREFIGHTERS WHO WORK IN COUNTY AIRPORTS DO NOT
RECEIVE THE BENEFIT. SO, THIS IS REALLY CREATING PARITY IN A SITUATION
WHERE THE COURT'S INTERPRETATION OF THE STATUTE PREVENTS THESE
INDIVIDUALS WHO PERFORM THE SAME DUTIES FROM GETTING THE SAME TYPE OF
BENEFITS. AND KEEP IN MIND, THESE BENEFITS KICK IN WHEN A FIREFIGHTER
IS INJURED ON THE JOB IN PERFORMING THEIR DUTIES. AND SO, YOU KNOW, WE
WANT TO PROTECT THOSE INDIVIDUALS AND OFFER THEM THE SAME TYPE OF
DISABILITY BENEFITS AS SOMEONE WHO'S WORKING IN, SAY, THE CITY OF
ROCHESTER FIRE DISTRICT.
MR. GOODELL: I UNDERSTAND THAT THE PURPOSE OF
THIS BILL IS TO CREATE THAT PARITY. MY QUESTION WAS, HAVE YOU HEARD FROM
THE LOCAL COUNTY GOVERNMENTS THAT OPERATE THESE AIRPORTS AND, IF SO,
WHAT HAS THEIR POSITION BEEN?
MR. BRONSON: THE MONROE COUNTY EXECUTIVE IS
STRONGLY SUPPORTIVE OF THIS. THE SITUATION ACTUALLY IS IN MANY OF THE
COUNTY AIRPORTS, THEY WOULD NOT BE COVERED BY THIS PARTICULAR BILL
BECAUSE, FOR INSTANCE, IN ALBANY MY UNDERSTANDING IS IN THAT COUNTY
AIRPORT, THEY'RE ACTUALLY EMPLOYEES OF THE CITY, SO THEY'RE ALREADY
COVERED. IN OTHER AREAS, THE MUNICIPALITY OR IN THIS CASE, THE COUNTY,
HAS CONTRACTED OUT TO A PRIVATE COMPANY, SO THEY WOULDN'T BE COVERED
BECAUSE THEY'RE NOT EMPLOYEES OF THE COUNTY AVIATION DEPARTMENT OR
29
NYS ASSEMBLY JULY 22, 2020
THE COUNTY AIRPORT.
MR. GOODELL: THANK YOU VERY MUCH, MR.
BRONSON. I APPRECIATE YOUR COMMENTS.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER WOERNER: ON THE BILL.
MR. GOODELL: I WILL BE SUPPORTING THIS LEGISLATION
FOR THE REASONS MENTIONED BY MY COLLEAGUE. SOME OF MY COLLEAGUES
MAY HAVE CONCERNS THAT THIS IS IMPOSING POTENTIALLY A NEW BENEFIT ON
OTHER MUNICIPALITIES, NAMELY COUNTIES ACROSS THE STATE THAT OPERATE
AIRPORTS. AND THAT CAN BE OF PARTICULAR CONCERN BECAUSE MANY COUNTY
AIRPORTS ARE FUNDED WITH EMBARKMENT FEES. THAT IS A FEE THAT'S PAID BY
THE PASSENGERS WHO ARE GETTING ON AIRPORTS [SIC]. SO, THERE'S A LANDING
FEE AND THERE'S A TAKEOFF FEE, IF YOU WILL, AN EMBARKMENT FEE.
AND, AS YOU KNOW, WITH ALL THE TRAVEL RESTRICTIONS THAT
WE'VE BEEN WITNESSING OVER THE LAST FEW WEEKS AND WITH THE COVID,
AIRPORT REVENUES FROM THE TRAVELING PUBLIC HAVE DROPPED RIGHT OFF THE
CHARTS. SO, WE NEED TO BE VERY CAREFUL THAT WE'RE NOT IMPOSING NEW
FINANCIAL BURDENS ON LOCAL GOVERNMENTS AT A VERY TIME WHEN THEIR
REVENUE SOURCES TO OPERATE THESE AIRPORTS ARE DROPPING FROM THE SKY,
SO-TO-SPEAK. BUT THIS IS A RELATIVELY MODEST COST AND IT DOES BRING
PARITY AND THAT'S WHY I WILL BE SUPPORTING IT. THANK YOU, MADAM
SPEAKER. AND, AGAIN, THANK YOU TO MY COLLEAGUE.
ACTING SPEAKER WOERNER: THANK YOU, MR.
GOODELL.
READ THE LAST SECTION.
30
NYS ASSEMBLY JULY 22, 2020
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 171. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMEMBERED TO
CONTACT -- IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT
THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. BRONSON TO EXPLAIN HIS VOTE.
MR. BRONSON: YES, MADAM SPEAKER, JUST BRIEFLY
TO EXPLAIN MY VOTE FOR MY COLLEAGUES AND THOSE WATCHING THE
PROCEEDINGS TODAY. THIS BILL IS VITALLY IMPORTANT BECAUSE WE HAVE
FIREFIGHTERS HERE IN MONROE COUNTY WHO ARE PROVIDING THE SAME TYPE
OF SERVICES THAT FIREFIGHTERS THROUGH THE CITY OF ROCHESTER AND ALL THE
TOWNS IN MONROE COUNTY. IN THOSE INSTANCES, THOSE FIREFIGHTERS, IF THEY
FALL ILL OR ARE INJURED WHILE PERFORMING THEIR DUTIES OF FIREFIGHTERS ARE
AFFORDED VARIOUS TYPES OF DISABILITY BENEFITS TO GET THEM THROUGH THEIR
ILLNESS AND THEIR DISABILITY. AND ALL THIS BILL WILL DO IS PROVIDE THOSE
SAME TYPE OF DISABILITY BENEFITS FOR FIREFIGHTERS WHO PERFORM THE SAME
TYPE OF SERVICES AT OUR COUNTY AIRPORT.
AND SO, THIS IS A MATTER OF PARITY AND IT'S ALSO, AS MY
COLLEAGUE POINTED OUT, THAT THERE ARE ONLY A FEW FIREFIGHTERS AT THESE
COUNTY AIRPORTS AND, YOU KNOW, ONLY WHEN THEY ACTUALLY RECEIVE AN
INJURY WILL IT KICK IN. SO, THE COST IS -- IS NOT SIGNIFICANT AND WHEN
THERE IS A COST, OFTENTIMES THAT WILL BE PICKED UP BY THE FEES CHARGED AT
THE AIRPORT, ALBEIT THOSE OPERATIONS ARE AT A REDUCED LEVEL GIVEN
31
NYS ASSEMBLY JULY 22, 2020
COVID-19. BUT ALL THAT TAKEN INTO CONSIDERATION, HAVING PARITY OF
FIREFIGHTERS PERFORMING THE SAME DUTIES IS VERY IMPORTANT AND I
ENCOURAGE ALL MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE. THANK YOU,
MADAM SPEAKER.
ACTING SPEAKER WOERNER: THANK YOU, MR.
BRONSON.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
WOULD YOU PLEASE RECORD MR. WALCZYK IN THE NEGATIVE ON THIS
LEGISLATION. THANK YOU, SIR -- MA'AM.
ACTING SPEAKER WOERNER: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08142-E, RULES
REPORT NO. 174, HYNDMAN. AN ACT TO AMEND THE LABOR LAW.
OH. I APOLOGIZE.
ACTING SPEAKER WOERNER: PAGE 5, RULES
REPORT NO. 180. THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08482, RULES REPORT
NO. 180, OTIS, ABINANTI, SIMON, SEAWRIGHT. AN ACT TO AMEND THE REAL
PROPERTY LAW, IN RELATION TO REQUIRING LANDLORDS TO MITIGATE DAMAGES
WHEN COMMERCIAL TENANTS VACATE PREMISES IN VIOLATION OF THE TERMS OF
THE LEASE.
ACTING SPEAKER WOERNER: READ THE LAST
32
NYS ASSEMBLY JULY 22, 2020
SECTION.
OH, SORRY.
MR. GOODELL HAS REQUESTED AN EXPLANATION.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
ACTING SPEAKER WOERNER: YOU'RE WELCOME.
MR. OTIS: THANK YOU. THIS -- THANK YOU, MR.
GOODELL. THIS LEGISLATION RESTORES THE DUTY TO MITIGATE MINIMIZED
DAMAGES IN THE CASE WHERE A COMMERCIAL TENANT HAS LEFT THEIR LEASE
EARLY AND IT PUTS THE BURDEN ON THE LANDLORD TO TRY AND MAKE REASONABLE
ATTEMPT TO RELEASE THE PROPERTY AND MINIMIZE DAMAGES. THIS RESTORES
THE LAW THAT WAS THE LAW IN NEW YORK STATE BEFORE 1995. IT ALSO TRACKS
LEGISLATION WE PASSED LAST YEAR RELATING TO RESIDENTIAL LEASES WHERE WE
MADE THE SAME CHANGE. THIS BILL AMENDS THAT SECTION OF LAW AND ADDS
COMMERCIAL PROPERTIES TO IT, AS WELL.
ACTING SPEAKER WOERNER: MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD?
ACTING SPEAKER WOERNER: WILL THE SPONSOR
YIELD FOR A FEW QUESTIONS?
MR. OTIS: OF COURSE.
ACTING SPEAKER WOERNER: THE SPONSOR
YIELDS.
MR. GOODELL: THANK YOU, MR. OTIS. AS YOU
NOTED, THIS BILL APPLIES ONLY TO COMMERCIAL PROPERTIES. AND TYPICALLY
IN COMMERCIAL PROPERTIES -- NOT ALWAYS, BUT TYPICALLY THE PARTIES ARE
33
NYS ASSEMBLY JULY 22, 2020
REPRESENTED BY ATTORNEYS. IS THERE ANYTHING IN THE CURRENT LAW THAT
WOULD PRECLUDE THE PARTIES, WHEN NEGOTIATING THE TERMS AND CONDITIONS
OF A LEASE, COMMERCIAL LEASE, TO INCLUDE IN THE LEASE AN OBLIGATION OF
THE LANDLORD TO MITIGATE DAMAGES?
MR. OTIS: YES. THE -- THE LAW THAT WE'RE AMENDING
HAS A PROVISION THAT SAYS THAT ANY PROVISION IN A LEASE THAT EXEMPTS A
LANDLORD'S DUTY TO MITIGATE DAMAGES UNDER THIS SECTION SHALL BE VOID AS
CONTRARY TO PUBLIC POLICY.
MR. GOODELL: AND UNDER CURRENT LAW, IS THERE
ANYTHING THAT WOULD PREVENT THE PARTIES, AS PART OF THE COMMERCIAL
NEGOTIATION, FROM IMPOSING ON THE LANDLORD A DUTY TO MITIGATE AS PART
OF THE CONTRACT UNDER CURRENT LAW?
MR. OTIS: WELL, LET ME -- LET ME ANSWER -- UNDER
CURRENT LAW, THEY COULD HAVE THAT KIND OF LEASE PROVISION. BUT LET'S TALK
TO THE LARGER PUBLIC POLICY ISSUE HERE, WHICH IS, WE -- TWO THINGS ARE
GOING ON HERE: NUMBER ONE IS IN MOST STATES AND HISTORICALLY IN NEW
YORK STATE, THE DUTY TO MINIMIZE DAMAGES IS A LONGSTANDING PRINCIPLE
IN LAW AND IS GOOD PUBLIC POLICY. IN THIS CASE, WHAT WE REALLY DON'T
WANT TO HAVE WHICH THE CURRENT LAW ALLOWS IS A VACANT SPACE THAT IS LEFT
VACANT WHERE THERE'S NO INCENTIVE FOR THE LANDLORD TO GET A NEW TENANT
IN THERE. THAT'S NOT GOOD FOR OTHER BUSINESSES, THAT'S NOT GOOD FOR
COMMERCIAL AREAS WHERE EMPTY SPACES SOMETIMES AVALANCHE AND
MULTIPLY ON EACH OTHER.
WE HAVE ANOTHER ISSUE THAT IS AT PLAY HERE BECAUSE OF
THE COVID CRISIS. WE HAVE BUSINESSES THAT ARE DOWNSIZING, MAYBE
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NYS ASSEMBLY JULY 22, 2020
REDUCING THE NUMBER OF LOCATIONS, WE HAVE SOME BUSINESS FAILURES.
AND WHAT THIS BILL WOULD -- WOULD PUT BACK INTO THE LAW IS THE GOOD
FAITH OBLIGATION OF A LANDLORD TO TRY AND FILL THE SPACE. IF THEY CAN'T,
THEY DON'T HAVE TO, BUT IT MAY MEAN THAT THE BUSINESS THAT DOWNSIZED, IF
IT TAKES AWAY SOME OF THE COST THAT THEY MAY HAVE TO INCUR IF THEY'RE
FULLY OBLIGATED TO PAY THE FULL LEASE AMOUNT BECAUSE THERE'S NO
OBLIGATION ON THE LANDLORD TO FILL IT, IT MAY KEEP THAT BUSINESS
ENTERPRISE AFLOAT BECAUSE IT'S GOING TO REDUCE THEIR COSTS BECAUSE THE
LANDLORD MINIMIZED DAMAGES.
MR. GOODELL: OF COURSE, THE FLIP SIDE IS THAT THE
LANDLORD MAY END UP WITH A VACANT PROPERTY AND AN AFFIRMATIVE DUTY TO
RE-RENT IT THAT IS EXTRAORDINARILY DIFFICULT DURING THE COVID CRISIS. BUT
LET ME ASK A FOLLOW-UP QUESTION: AS YOU KNOW, OFTENTIMES IN
COMMERCIAL LEASES, THE PARTIES ARE UNSURE OF THE AMOUNT OF THE
DAMAGES THAT MIGHT OCCUR IF THERE'S A BREACH OF THE AGREEMENT AND SO
THEY INCLUDE A LIQUIDATED DAMAGE CLAUSE. AND IT BASICALLY SAYS IF YOU
VIOLATE THIS AGREEMENT, WE AGREE IN ADVANCE THAT THE DAMAGES MAY BE
DIFFICULT TO CALCULATE AND, THEREFORE, IF YOU BREACH THE AGREEMENT, YOU
AGREE TO PAY X DOLLARS IN LIQUIDATED DAMAGES. WOULD THIS NEW
LEGISLATION PRECLUDE A LIQUIDATED DAMAGE CLAUSE?
MR. OTIS: THE VIEW IS THAT IT WOULD NOT -- IT WOULD
NOT PREVENT A LIQUIDATED DAMAGES CLAUSE.
MR. GOODELL: SO THE LIQUIDATED DAMAGE CLAUSE,
IN ESSENCE, COULD SUPERSEDE THE DUTY TO MITIGATE BECAUSE IT WOULD BE
AN ALTERNATIVE REMEDY.
35
NYS ASSEMBLY JULY 22, 2020
MR. OTIS: BUT WHAT THEY'RE STILL GOING TO HAVE TO DO
IS THEY'RE STILL GOING TO HAVE TO MAKE REASONABLE EFFORTS, GOOD FAITH
EFFORTS THAT ARE REASONABLE AND CUSTOMARY FOR THAT LANDLORD TO TRY AND
RENT THE PROPERTY. AND THAT'S REALLY ALL WE'RE ASKING. IF THEY HAVE AN
UNSATISFACTORY OFFER FROM A NEW TENANT, THEY DON'T HAVE TO ACCEPT IT. IF
THEY HAVE A RENT THAT IS BELOW MARKET VALUE, THEY DON'T HAVE TO -- THEY
DON'T HAVE TO TAKE THAT TENANT. SO, WE'RE NOT -- THIS IS NOT OVERLY
BURDENSOME ON LANDLORDS. IT IS -- DOES TAKE AWAY THE INCENTIVE FOR
THEM TO JUST SIT ON THE PROPERTY AND -- AND GET THE RENT FROM THE TENANT
THAT HAD THE BUSINESS PROBLEM AND HAD TO LEAVE. AND I THINK THAT IT IS
GOOD POLICY. YOU KNOW, WHEN WE ALL TOOK TORT LAW IN LAW SCHOOL, THE
DUTY TO MINIMIZE WAS ONE OF THE BASIC PRINCIPLES OF GOOD POLICY AND
LOGIC IN ALL OF -- ALL OF TORT LAW. AND SO, WE HAD AN UNUSUAL COURT
DECISION IN 1995 IN NEW YORK STATE WHERE THAT WAS THROWN OUT IN
THESE CIRCUMSTANCES AND WE REASSERTED THE OLD LAW FOR RESIDENTIAL LAST
YEAR AND I -- I'M HOPEFUL THAT WE CAN DO IT FOR COMMERCIAL THIS YEAR.
BUT I THINK THIS IS GOOD FOR COMMERCE BECAUSE IT'S GOING TO RAISE THE
CHANCES OF THESE PROPERTIES ARE GOING BACK ON THE MARKET.
MR. GOODELL: OF COURSE, IN A COMMERCIAL CONTEXT
OFTEN THE LEASES ARE MUCH, MUCH MORE COMPLEX. I MEAN, I'VE SEEN
RESIDENTIAL LEASES THAT WERE A COUPLE OF PAGES LONG AND COMMERCIAL
LEASES THAT WERE ALMOST LIKE A SMALL BOOK. AND OFTEN IN A COMMERCIAL
LEASE CONTEXT, PARTICULARLY IN A MALL CONTEXT OR A STRIP MALL OR A -- A
MULTI-TENANT COMMERCIAL OPERATION, THERE ARE MULTIPLE COMPETING
FACTORS. FOR EXAMPLE, IN A MALL, THEY MAY HAVE RESTRICTIONS ON HOW
36
NYS ASSEMBLY JULY 22, 2020
MANY SHOE STORES ARE IN THE MALL, OR WHAT TYPE OF STORES. OFTEN THERE'S
CAPITALIZATION REQUIREMENTS, TENANT INVESTMENTS THAT ARE PART OF THE
OVERALL COMMERCIAL DEVELOPMENT. SO UNLIKE REAL ESTATE THAT INVOLVES
RESIDENTIAL WHERE IF A PERSON IS, YOU KNOW, AN INDIVIDUAL AND THEY'RE
JUST USING IT AS THEIR RESIDENCE, WHICH IS RELATIVELY EASY, IT CAN BE VERY,
VERY COMPLICATED IN THE COMMERCIAL CONTEXT. DOES THE LANGUAGE OF THE
STATUTE REFLECT THE FACT THAT THE LANDLORD MAY BE UNDER CONTRACTUAL
OBLIGATIONS TO THE OTHER TENANTS THAT SEVERELY RESTRICT WHO HE CAN PUT IN
A VACANT SPOT?
MR. OTIS: THE LANGUAGE IN THE LAW WOULD NOT
ENCUMBER ANY OF THOSE DUTIES, RESPONSIBILITIES, POLICIES, VALUES. THE
LANGUAGE, GOOD FAITH, AND ACCORDING TO THE LANDLORD'S RESEARCHES AND
ABILITIES TAKE REASONABLE AND CUSTOMARY ACTIONS. SO IF YOU'RE IN A
SITUATION, THE MALL SITUATION WHERE YOU'RE ONLY GOING TO HAVE TWO SHOE
STORES, THEY WOULD NOT HAVE TO TAKE A THIRD SHOE STORE. THEY WOULD
HAVE -- FOLLOW THEIR REASONABLE AND CUSTOMARY PRACTICES. I THINK FOR
THAT QUESTION WE CAN BE COMFORTABLE.
MR. GOODELL: NOW, YOU MENTIONED THAT FOR MANY
YEARS THERE WAS AN OBLIGATION TO MITIGATE DAMAGE, BUT THAT OBLIGATION
WAS AN AFFIRMATIVE DEFENSE, RIGHT, THAT HAD TO BE RAISED BY THE PERSON
WHO WAS BREACHING THE LEASE, AND IT WAS THE BURDEN OF PROOF OF THE
PERSON WHO WAS BREACHING THE LEASE TO ESTABLISH THAT THE LANDLORD
COULD HAVE MITIGATED DAMAGES. THIS REVERSES THAT BURDEN OF PROOF,
DOESN'T IT?
MR. OTIS: WELL, THE -- THE BURDEN UNDER THE LAW THAT
37
NYS ASSEMBLY JULY 22, 2020
WAS PASSED LAST YEAR PLACES THE BURDEN ON THOSE SEEKING TO RECOVER
DAMAGES.
MR. GOODELL: SO NOW WE HAVE THE BURDEN OF
PROOF ON THE PARTY THAT'S NOT VIOLATING THE CONTRACT, RATHER THAN THE
BURDEN OF PROOF BEING ON THE PARTY THAT'S VIOLATING THE CONTRACT --
MR. OTIS: WELL, THE BURDEN --
MR. GOODELL: -- ISN'T THAT BACKWARDS? AND I
UNDERSTAND THAT WE DID IT FOR RESIDENTIAL, BECAUSE OFTEN THERE'S DIFFERENT
NEGOTIATING POWER AND DIFFERENT RESOURCES, BUT WHY WOULD WE DO THAT
IN A COMMERCIAL CONTEXT?
MR. OTS: I DON'T SEE A DIFFERENCE. I THINK THAT THE
BURDEN OF PROOF SHOULD BE ON THE ONE THAT'S GOING TO COURT OR THE ONE
THAT IS TRYING TO COLLECT DAMAGES. AND I -- I DON'T THINK IT'S ACTUALLY THAT
HIGH A BURDEN TO SATISFY IF THEY'RE GOING TO MAKE THE CASE. AND I -- I
THINK THAT ONE OF THE THINGS THAT THE LAW, WHEN IT WAS PASSED LAST YEAR,
THREW SOME OF THIS INTO THE LAP OF THE COURT, AND THE -- THE JUDGES THAT
HAVE THIS BEFORE THEM I THINK WILL BE WISE AND WILL -- WILL SORT OUT THE
DETAILS.
MR. GOODELL: NOW, THERE'S NOTHING UNDER CURRENT
LAW, IF I'M NOT MISTAKEN - THAT I WANT TO CHECK WITH YOU - THAT WOULD
PREVENT A COMMERCIAL TENANT FROM RESERVING THE RIGHT TO SUBLEASE,
SUBJECT TO WHATEVER RESTRICTIONS THE LANDLORD MIGHT HAVE. AM I CORRECT
THAT NORMALLY THERE'S NOTHING IN THE CURRENT LAW THAT WOULD PREVENT A
TENANT FROM HAVING THE OPTION TO SUBLEASE?
MR. OTIS: WELL, I THINK UNDER THE VARIOUS SCENARIOS,
38
NYS ASSEMBLY JULY 22, 2020
IF YOU HAVE A TENANT THAT LEFT AND ASSUMED THAT OBLIGATION TO SUBLEASE,
THEY WOULD STILL BE OBLIGATED UNLESS THEY WERE SOMEHOW GOING TO TRY
AND FIND A WAY TO GET OUT OF THAT OBLIGATION THAT WAS IN THE LEASE. SO,
THEY, IN A SENSE, IF THEY LEFT, BUT THEY ARE STILL GOING TO TRY AND SATISFY
THE SUBLEASE RESPONSIBILITIES THEY SIGNED ON TO, I WOULD THINK THAT THEY
WOULD STILL BE SO OBLIGATED.
MR. GOODELL: SO THEN MY QUESTION IS IF THE
COMMERCIAL LEASE GIVES THE LANDLORD -- I'M SORRY, IF A COMMERCIAL LEASE
GIVES THE TENANT THE RIGHT TO SUBLEASE, CAN THE TENANT BREACH THE LEASE,
REFUSE TO SUBLEASE -- I MEAN, DECLINES, JUST WALK AWAY, AND STILL AVAIL
THEMSELVES OF THE DUTY TO MITIGATE BY THE LANDLORD?
MR. OTIS: I THINK ON THAT, PROBABLY THEY WILL SEE
EACH OTHER IN COURT AND A JUDGE WILL DECIDE HOW TO IRON THAT OUT SINCE
THE -- THE LANGUAGE THAT WAS ENACTED LAST YEAR WAS NOT AT THAT LEVEL OF
PRECISION THAT I'M GOING TO KNOW WHAT THAT OUTCOME'S GOING TO BE. A
JUDGE IS GOING TO DECIDE THAT QUESTION.
MR. GOODELL: THANK YOU VERY MUCH, MR. OTIS. I
APPRECIATE YOUR COMMENTS, AS ALWAYS.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: UNDER CURRENT LAW, IN THE
COMMERCIAL CONTEXT, THE PARTIES ARE FREE TO PUT IN THE LEASE AGREEMENT
THAT THE LANDLORD WILL MITIGATE DAMAGES IF THE TENANT BREACHES THE
LEASE. THEY CAN PUT THAT IN UNDER CURRENT LAW. THIS LAW ELIMINATES THE
39
NYS ASSEMBLY JULY 22, 2020
OPTION OF LEAVING THAT CLAUSE OUT AND IT SHIFTS THE BURDEN OF PROOF FROM
A TENANT WHO IS BREACHING THE LEASE, WHO IS VIOLATING THE LEASE, WHO
MAY BE CAUSING DAMAGE TO THE OTHER TENANTS BY LEAVING BECAUSE THEY
NO LONGER BRING THE BUSINESS IN THAT THE MALL NEEDS TO SURVIVE, IT
REMOVES ANY RESPONSIBILITY ON THE PART OF THE TENANT TO MITIGATE
DAMAGES, AND PLACES THAT RESPONSIBILITY ON THE NON-BREACHING,
INNOCENT LANDLORD. AND IT RAISES INTO QUESTION WHETHER OR NOT A
LIQUIDATED DAMAGE CLAUSE WILL STILL REMAIN ENFORCEABLE, EVEN THOUGH
THE PARTIES AT THE BEGINNING OF THIS AGREEMENT SIGNED ON TO A LIQUIDATED
DAMAGE CLAUSE. AND IT RAISES PROBLEMS FOR THE OTHER TENANTS, BECAUSE
IF YOU'RE A TENANT IN A MALL OR A STRIP MALL OR A BUSINESS ESTABLISHMENT,
PART OF THE REASON YOU'RE THERE IS BECAUSE THERE ARE OTHER STOREFRONTS
THAT ARE OPEN. AND THE OTHER STOREFRONTS ARE BUILDING THAT -- THAT FLOW
OF TRAFFIC THAT HELPS YOU. AND SO, SOME OF THE LEASE AGREEMENTS, BY THE
WAY, ALSO TIE INTO HOW MUCH REVENUE TENANTS ARE GETTING, OTHER TENANTS.
SO, YOU MAY HAVE A BASE LEASE AND A PERCENTAGE OF YOUR GROSS REVENUE.
SO, THE DAMAGES IN A COMMERCIAL CONTEXT FOR THE
LANDLORD CAN GO WAY BEYOND ONE LEASE. IT MAY AFFECT THE REVENUES
FROM THE OTHER LEASES. AND IN A COMMERCIAL CONTEXT, THE LANDLORD
OFTEN USES THOSE LEASE AGREEMENTS AS SECURITY FOR THE COMMERCIAL
MORTGAGE. AND THEY RUN THE RISK WHEN A TENANT VACATES IN VIOLATION OF
THE LEASE AGREEMENT THAT IT MAY CONSTITUTE A DEFAULT UNDER THEIR OVERALL
COMMERCIAL MORTGAGE. SO, THAT RAMIFICATIONS THAT GO WAY, WAY BEYOND
A SIMPLE RESIDENTIAL LEASE WHERE YOU HAVE A TENANT WHO IS PAYING THE
MONTHLY RENT, AND THE COMMERCIAL LEASE, MUCH MORE COMPLICATED OR
40
NYS ASSEMBLY JULY 22, 2020
CAN BE, OFTEN WITH LAWYERS, OFTEN WITH FINANCIAL RAMIFICATIONS THAT GO
WAY BEYOND ONE PARTICULAR STOREFRONT AND AFFECTS MULTIPLE OTHER STORES,
THE FINANCING AND THE CAPABILITIES OF THE PARTIES. AND THIS LAW NOT ONLY
VIOLATES THE FEDERAL CONSTITUTION WHICH SAYS YOU CANNOT IMPAIR THE
VALIDITY OF EXISTING LAWS, AND THIS ACTUALLY SAYS EXISTING CLAUSES IN A
CONTRACT THAT DISAGREE WITH IT ARE INVALID, SO THAT'S A DIRECT
CONSTITUTIONAL VIOLATION, BUT IT UPTURNS THE SITUATION THAT WE CURRENTLY
HAVE WHEREIN A COMMERCIAL CONTEXT, THE TENANT, REPRESENTED BY A
LAWYER, AND THE LANDLORD, REPRESENTED BY A LAWYER, CAN NEGOTIATE THE
TERMS AND CONDITIONS THAT THEY BOTH AGREE TO UP FRONT.
WHILE I APPRECIATE THE DESIRE OF MY COLLEAGUE TO
MITIGATE DAMAGES, IN THE COMMERCIAL CONTEXT THE LANDLORD IS DOING
EVERYTHING THEY CAN TO MITIGATE DAMAGES BECAUSE THEY HAVE SO MUCH
ELSE ON THE LINE, WE SHOULD NOT INTERCEDE AND REGULATE COMMERCIAL
TRANSACTIONS IN VIOLATION OF WHAT THE PARTIES THEMSELVES HAVE AGREED TO
AND, THEREFORE, I'LL BE RECOMMENDING THAT MY COLLEAGUES VOTE NO.
THANK YOU, SIR AND THANK YOU TO MY COLLEAGUE, MR. OTIS.
ACTING SPEAKER AUBRY: MR. OTIS.
MR. OTIS: THANK YOU. THANK YOU FOR YOUR -- YOUR
COMMENTS. I WOULD THINK -- I COME TO A DIFFERENT CONCLUSION IN TERMS
OF -- IN TERMS OF HOW THIS IS GOING TO AFFECT THE LANDLORD WITH THOSE
OTHER FINANCIAL RESPONSIBILITIES. BECAUSE RIGHT NOW THERE IS A -- NO
DUTY TO TRY AND RELEASE THE PROPERTY. THAT LANDLORD MAY OR MAY NOT GET
THAT REVENUE. OTHER STORES, WHETHER IT'S IN A MALL OR IN A -- A -- OTHER
KIND OF COMMERCIAL DEVELOPMENT WHERE THERE ARE NEIGHBORING STORES,
41
NYS ASSEMBLY JULY 22, 2020
THEY ARE PUT MORE AT RISK WITH THE EMPTY STOREFRONT. I ACTUALLY THINK
THAT BY TAKING AWAY THE DISINCENTIVE TO TRY AND FIND A NEW TENANT, WE
ARE HELPING THE -- THE LANDLORDS' FINANCES AS WELL AS WHATEVER LENDING
OBLIGATIONS AND OTHER KINDS OF OBLIGATIONS TO OTHER TENANTS.
SO I THINK THIS IS GOOD PUBLIC POLICY. I THINK THAT AS IT
RELATES TO VOIDING THOSE KINDS OF LEASE CLAUSES -- LAST YEAR WE PASSED
ANOTHER PIECE OF LEGISLATION THAT -- THAT THIS MEMBER ALSO SPONSORED
THAT GOT SIGNED INTO LAW, THAT WE -- WE TOOK AWAY THE ABILITY TO PUT INTO
COMMERCIAL LEASES THE ABILITY TO HAVE A -- A CLAUSE SAID THAT A
COMMERCIAL TENANT WHEN THROWN OUT OF A PROPERTY WOULD LOSE THEIR DAY
IN COURT, WHICH WAS A COMMON LEASE PROVISION THAT LANDLORDS PUT IN
AND -- AND TENANTS AGREED TO. WE ELIMINATED THAT AND RESTORED WHAT
HAD BEEN THE LAW IN NEW YORK STATE FOR 50 YEARS BECAUSE WE SAID IT
WAS AGAINST PUBLIC POLICY. AND WE'RE DOING A SIMILAR THING HERE, AND
THE ISSUES ARE SOMEWHAT INTERRELATED. BUT I THANK YOU FOR YOUR -- YOUR
WISE COMMENT AND ANALYSIS AND -- AND GOOD WORK ON ALL ISSUES THAT
YOU BRING GOOD IDEAS TO THE FLOOR ON. THANK YOU, MR. GOODELL.
AND I'LL BE VOTING AYE ON MY BILL.
ACTING SPEAKER AUBRY: MR. PHILLIP STECK.
MR. STECK: MR. SPEAKER, VERY BRIEFLY ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. STECK: I WOULD JUST LIKE TO POINT OUT THAT THIS
IS EXCELLENT LEGISLATION AND I COMMEND THE SPONSOR. THE DUTY TO
MITIGATE DAMAGE IS TO SPREAD ALL ACROSS THE LAW -- FOR EXAMPLE, AN
EMPLOYEE WHO IS THE VICTIM OF THE MOST HEINOUS FORM OF
42
NYS ASSEMBLY JULY 22, 2020
DISCRIMINATION IS STILL REQUIRED TO GO OUT AND MITIGATE DAMAGES BY
OBTAINING SUBSTITUTE EMPLOYMENT. TO SUGGEST THAT A LANDLORD --
BECAUSE THE LANDLORD IS THE VICTIM OF SOMEONE BREAKING THE LEASE
WOULD NOT HAVE THE SAME DUTY DOES NOT SEEM COMMENSURATE TO OTHER
SITUATIONS IN THE LAW. SECOND, WITH RESPECT TO THE ISSUE OF LIQUIDATED
DAMAGES, AS MY LEARNED COLLEAGUE IS WELL AWARE, THE PARTIES CANNOT
SIMPLY SET A FIGURE FOR LIQUIDATED DAMAGES. LIQUIDATED DAMAGES HAS TO
BEAR A RELATIONSHIP TO ACTUAL DAMAGES OR IT'S NOT ENFORCEABLE BY THE
COURTS. SO IN REQUIRING THE LANDLORD TO MITIGATE, THAT IS A FACTOR IN
DETERMINING WHETHER A LIQUIDATED DAMAGES CLAUSE IS A -- A CORRECT OR
REASONABLE APPROXIMATION OF THAT ACTUAL DAMAGES. OBVIOUSLY, IF THE
LANDLORD CAN GO OUT AND MITIGATE QUITE EASILY, YOU DON'T GET A DOUBLE
RECOVERY. YOU DON'T GET TO RELET THE PREMISES AND YOU DON'T GET TO HAVE
YOUR LIQUIDATED DAMAGES AND EAT THAT CAKE AS WELL.
FINALLY, I -- I REALLY HAVE TO AGAIN POINT OUT AN ERROR IN
ALWAYS RAISING THIS ISSUE ABOUT THE FEDERAL CONSTITUTIONAL REQUIREMENT
-- OR PROHIBITION, I SHOULD SAY, ON THE IMPAIRMENT OF OBLIGATION OF
CONTRACTS. THAT CLAUSE IN THE CONSTITUTION DEALS WITH WHEN THE -- A
PRIVATE PERSON HAS A CONTRACT WITH, SAY, THE STATE OF NEW YORK OR
ANOTHER GOVERNMENTAL ENTITY, AND BY LEGISLATIVE ACTION WE WOULD
EXEMPT OURSELVES OR THE STATE OR MUNICIPALITIES FROM ABIDING BY A
CONTRACT. IT HAS ABSOLUTELY NOTHING TO DO WITH THE -- WITH THE ABILITY OF
THIS LEGISLATURE TO REGULATE PRIVATE CONTRACTS. YOU KNOW, BACK IN THE
DAYS BEFORE FRANKLIN ROOSEVELT WAS PRESIDENT THERE WERE FOUR
EXTREMELY CONSERVATIVE JUSTICES OF THE SUPREME COURT THAT -- THAT WERE
43
NYS ASSEMBLY JULY 22, 2020
KNOWN AS THE "FOUR HORSEMEN." AND THE FOUR HORSEMEN OF THE
APOCALYPSE USED TO VOID ANY ACTION OF GOVERNMENT TO HELP THE PUBLIC
ON THE GROUNDS OF SO-CALLED "FREEDOM OF CONTRACT." WELL, THAT IS AN
OUTDATED 19TH CENTURY PRINCIPLE OF LAW. IT HAS NO APPLICATION HERE,
AND NOWHERE IN OUR CONSTITUTION OR THE FEDERAL CONSTITUTION DO THE
WORDS "FREEDOM OF CONTRACT" APPLY. I -- THIS BILL DOES NOT IN ANY WAY
IMPAIR THE OBLIGATION OF CONTRACTS BEING ENTERED INTO BY THE STATE OR ITS
MUNICIPALITIES.
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
RULES REPORT NO. 180. THIS IS A PARTY VOTE. ANY MEMBER WISHING 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 WILL GENERALLY BE VOTING IN THE NEGATIVE. IF
THERE ARE MEMBERS WHO WOULD LIKE TO VOTE IN THE AFFIRMATIVE, PLEASE
CONTACT THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MR. OTIS.
44
NYS ASSEMBLY JULY 22, 2020
MR. OTIS: THE MAJORITY CONFERENCE WILL BE VOTING
GENERALLY IN FAVOR OF THIS BILL. IF THERE ARE EXCEPTIONS, PLEASE CALL THE
NUMBER THAT YOU WERE GIVEN EARLIER.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MR. OTIS.
SO NOTED.
(THE CLERK RECORDED THE VOTE.)
MR. ZEBROWSKI TO EXPLAIN HIS VOTE.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR FOR THIS
PIECE OF LEGISLATION AND FOR FINISHING WHAT WE STARTED TO WORK ON LAST
YEAR. I WAS HAPPY TO WORK ON THAT BILL LAST YEAR, AND MANY TIMES IN THE
LEGISLATURE YOU TAKE ONE STEP FIRST BEFORE YOU TAKE TWO, AND I FEEL LIKE
THIS IS THE SECOND STEP IN MAKING A MORE FAIR AND EQUITABLE PROCESS OUT
THERE. THIS IS A SIMPLE EQUITABLE CONCEPT, WHICH IS THAT IF YOU'RE A
LANDLORD AND A TENANT LEAVES AND NOW WHETHER THEY'RE A RESIDENTIAL OR A
COMMERCIAL TENANT, YOU HAVE TO TAKE REASONABLE STEPS TO RELET THE
PREMISES. YOU CAN'T SIT BACK AND RUN UP DAMAGES. NOW WHEN WE TALK
ABOUT COMMERCIAL LEASES, CERTAINLY, SURE, THERE MAY BE AND THERE ARE
LARGE CORPORATIONS WITH LAWYERS THAT ARE PROBABLY ON STAFF THAT ARE
NEGOTIATING VERY COMPLICATED TERMS. I WOULD STILL SAY FOR THOSE
TRANSACTIONS, EQUITY SHOULD BE THE RULE OF NEW YORK STATE. HOWEVER,
LET'S ALSO REMEMBER THAT THERE ARE COMMERCIAL TENANTS ACROSS THIS STATE
THAT ARE MOM-AND-POP STORES, THAT ARE SMALL BUSINESSES THAT DON'T HAVE
PEOPLE ON STAFF THAT ARE NEGOTIATING LEASES AND ARE OFTEN BEHIND THE
45
NYS ASSEMBLY JULY 22, 2020
EIGHT BALL AS THEY TRY TO NEGOTIATE THINGS. AND ESPECIALLY NOW, IN A
TIME OF GREAT TREPIDATION, FOR BUSINESSES AND SMALL BUSINESSES ACROSS
THIS STATE, I THINK WE SHOULD BE DOING EVERYTHING POSSIBLE TO MAKE SURE
THAT NEW YORK LAW IS AS EQUITABLE AS POSSIBLE SO THAT NOBODY IS
RUNNING INTO A SITUATION IF -- IF -- IF THEIR BUSINESS IS UNABLE TO SURVIVE
THAT THEY MIGHT BE HIT WITH ADDITIONAL DAMAGES BECAUSE A LANDLORD IS
NOT GOING OUT AND TAKING REASONABLE STEPS TO MITIGATE THOSE DAMAGES.
I WOULD ENCOURAGE ALL MY COLLEAGUES TO VOTE IN THE
AFFIRMATIVE. THIS IS JUST SUCH A COMMONSENSE, EQUITABLE BILL, AND ONCE
AGAIN, I THANK THE SPONSOR. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. ZEBROWSKI IN THE
AFFIRMATIVE.
MR. EPSTEIN.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. I WANT TO JUST THANK THE SPONSOR FOR PUTTING FORWARD
THIS REALLY IMPORTANT PIECE OF LEGISLATION. AND I THINK THE DISCUSSION
WE JUST HAD REALLY MISSED A CRITICAL POINT. THE CRITICAL POINT IS ABOUT
POWER. IN A NEGOTIATION BETWEEN A COMMERCIAL LANDLORD AND A
COMMERCIAL POWER -- TENANT, THERE'S AN IMBALANCE OF POWER. AND IN
THESE NEGOTIATIONS I'VE SEEN TIME AND TIME AGAIN THE LANDLORD'S
BASICALLY SAYING, TAKE IT OR LEAVE IT. THE TENANT HAS VERY LITTLE POWER
TO NEGOTIATE. THIS IS AN ATTEMPT BY NEW YORK STATE TO REBALANCE THIS
IMBALANCE OF POWER TO SAY TO THE TENANT, WHO ALMOST ALWAYS HAS NO
CHOICE, YOU HAVE A LITTLE OPTION HERE. WE'RE GOING TO FORCE MITIGATION
ON THE LANDLORD, OTHERWISE THEY'RE GOING TO HAVE TO FORCE IT DOWN YOUR
46
NYS ASSEMBLY JULY 22, 2020
THROAT. IN MY DISTRICT THIS HAPPENS ALL THE TIME, WHERE COMMERCIAL
TENANTS ARE JUST SAID, THIS IS THE LEASE. YOU HAVE TO TAKE EVERY LITTLE
PIECE AND THERE'S NO CHOICE. HERE, NEW YORK STATE IS STANDING UP FOR
THE LITTLE GUY, LIKE WE SHOULD BE.
I APPLAUD THE SPONSOR AND I ENCOURAGE MY COLLEAGUES
TO VOTE IN FAVOR OF THIS BILL.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MR. -- MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD MR. LIPETRI, MR. DIPIETRO AND MR. WALCZYK IN THE AFFIRMATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MR. OTIS.
MR. OTIS: PLEASE RECORD MR. SANTABARBARA, MR.
BRAUNSTEIN, MS. BUTTENSCHON AND MRS. GUNTHER IN THE NEGATIVE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, SIR.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08511-A, RULES
REPORT NO. 181, EPSTEIN, D'URSO, REYES, MOSLEY, GOTTFRIED,
SEAWRIGHT. AN ACT TO AMEND THE COUNTY LAW AND THE NEW YORK CITY
47
NYS ASSEMBLY JULY 22, 2020
CHARTER, IN RELATION TO THE DOCKETING OF ADJUDICATIONS OF CERTAIN
VIOLATIONS OF LAWS ENFORCED BY THE NEW YORK CITY DEPARTMENT OF
CONSUMER AFFAIRS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. EPSTEIN.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. THIS IS AN
IMPORTANT PIECE OF LEGISLATION THAT ALLOWS THE DEPARTMENT OF CONSUMER
AFFAIRS ON THE LIMITED NUMBER OF CASES TO HAVE DOCKETING AUTHORITY TO
BRING JUDGMENTS AGAINST PEOPLE WHO STEAL, OWE THESE WORKERS MONEY.
ANYTHING RELATED TO RESTITUTION. THIS IS SOMETHING THAT THE CITY HAS
REQUESTED, AND I'M PROUD TO BE STANDING HERE.
THANK YOU.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. EPSTEIN, WILL YOU
YIELD?
MR. EPSTEIN: YES, I WILL.
ACTING SPEAKER AUBRY: MR. EPSTEIN YIELDS.
MR. GOODELL: THANK YOU, MR. EPSTEIN. RIGHT
NOW, THE -- THE DEPARTMENT OF CONSUMER AFFAIRS CAN BRING ACTIONS ON
BEHALF OF CONSUMERS, CORRECT?
MR. EPSTEIN: SO, I -- I'LL EXPLAIN THE PROCESS TO
YOU, MR. GOODELL, IF YOU'D LIKE.
MR. GOODELL: THAT WOULD BE GREAT.
48
NYS ASSEMBLY JULY 22, 2020
MR. EPSTEIN: SO, AN EXAMPLE IS I'M A WORKER AND I
WORK IN A -- IN A STORE AND THEY'VE STOLEN MY WAGES. I HAVEN'T -- I'VE
WORKED FOR A MONTH AND I GET NO PAY. I CAN FILE A COMPLAINT WITH THE
DEPARTMENT OF CONSUMER AFFAIRS. THE DEPARTMENT OF CONSUMER
AFFAIRS WILL BRING AN ADMINISTRATIVE PROCEEDING BEFORE THE
ADMINISTRATIVE HEARING OFFICER CALLED OATH. AT THAT HEARING THEY
WILL SEEK RESTITUTION FOR ME FOR MY BACK WAGES. THEY'LL -- THEY'LL GET
AN AWARD FROM OATH. LET'S SAY THEY -- WE'VE GOT $5,000 IN BACK
WAGES. OATH WILL THEN HAVE THAT DECISION. THE PERSON WHO THEY GOT
-- THE BUSINESS OWNER WHO THEY GOT THE DECISION AGAINST COULD FILE AN
ARTICLE 78 IF THEY WANTED TO. IF THEY DON'T, THEN WHAT HAS TO HAPPEN IS
CURRENTLY THE DEPARTMENT OF CONSUMER AFFAIRS WOULD HAVE TO THEN
COMMENCE A SUPREME COURT ACTION IN STATE SUPREME COURT AGAIN WITH
THE SAME ALLEGATIONS AND THE SAME FACTS TO TRY TO REDUCE THAT TO A
JUDGMENT TO THEN BE ABLE TO GIVE ME AN OPPORTUNITY TO GET A JUDGMENT
SO I CAN GET A REWARD. CURRENTLY UNDER THE SITUATION, LESS THAN 1
PERCENT OF THE AMOUNT THAT THEY'RE SEEKING FOR PEOPLE LIKE THE
INDIVIDUAL I TALKED ABOUT ARE GETTING THE MONEY THAT THEY'RE ENTITLED TO,
AND WHAT WE'RE TRYING TO DO IS SPEED UP THE PROCESS AND ALLOW THAT
HEARING AT OATH TO RESULT IN A JUDGMENT, THEN -- THEN PEOPLE CAN
COLLECT THEIR BACK WAGES. THIS IS A CONSUMER-DIRECTED APPROACH FROM
THE CITY'S DEPARTMENT OF CONSUMER AFFAIRS WHO IS FULLY BEHIND THIS
BILL.
MR. GOODELL: SO IN OTHER WORDS, INSTEAD OF
HAVING A JUDGMENT RENDERED BY A COURT, A JUDICIAL OFFICER, YOU WOULD --
49
NYS ASSEMBLY JULY 22, 2020
THIS BILL WOULD AUTHORIZE AN ADMINISTRATIVE HEARING TO HAVE THE SAME
POWERS OF A COURT JUDGE TO IMPOSE A JUDGMENT?
MR. EPSTEIN: WHAT HAPPENS AT THE ADMINISTRATIVE
HEARING WILL CONTINUE TO HAPPEN BEFORE AN ADMINISTRATIVE JUDGE LIKE IT
CURRENTLY DOES. THE ONLY DIFFERENCE WILL BE IS AT THE END OF THAT
HEARING WITH -- UNLESS THERE'S AN APPEAL, THE -- THE MONEY WILL BE
ENTERED AS A JUDGMENT WHICH IT CAN BE COLLECTED ON.
MR. GOODELL: NOW, I'M FAMILIAR WITH HOW JUDGES
ARE APPOINTED AND THERE'S CONSTITUTIONAL REQUIREMENTS IN TERMS OF
QUALIFICATIONS FOR JUDGES. HOW ARE THESE ADMINISTRATIVE -- THEY'RE NOT
ELECTED, ARE THEY?
MR. EPSTEIN: THEY'RE APPOINTED.
MR. GOODELL: THEY'RE APPOINTED. AND WHO
APPOINTS THEM?
MR. EPSTEIN: THE -- THE CITY DOES, THE MAYOR
DOES.
MR. GOODELL: OKAY. SO YOU HAVE THE CITY
APPOINTING ADMINISTRATIVE JUDGES --
MR. EPSTEIN: RIGHT.
MR. GOODELL: -- NOT ELECTED. AND THEN THOSE
CITY-APPOINTED ADMINISTRATIVE JUDGES ARE HEARING ACTIONS BROUGHT BY A
CITY AGENCY?
MR. EPSTEIN: ON BEHALF OF CONSUMERS.
MR. GOODELL: RIGHT. ON BEHALF OF THE PEOPLE
THEY REPRESENT. AND YOU WANT TO NOW GIVE THE CITY-APPOINTED HEARING
50
NYS ASSEMBLY JULY 22, 2020
OFFICERS THE SAME LEGAL AUTHORITY AS A JUDGE, EVEN THOUGH THEY'RE NOT
SUBJECT TO THE SAME CRITERIA AS JUDGES ARE IN TERMS OF THEIR SELECTION.
MR. EPSTEIN: WELL, I THINK YOU'RE MISSING TWO
MAIN POINTS, MR. GOODELL, AND I JUST WANT TO REITERATE. ONE IS, THE
OATH HEARING OFFICER, IS AN INDEPENDENT AGENCY. TWO IS, IF THE
PERSON WHO'S GOT THE AWARD AGAINST THEM -- LET'S SAY YOU'RE -- YOU'RE A
BUSINESS OWNER AND IT'S YOUR BUSINESS AND YOU DON'T LIKE THE OUTCOME
OF THAT DECISION, YOU HAVE THE RIGHT TO GO DIRECTLY TO COURT AND FILE
WHAT'S CALLED AN ARTICLE 78. SO YOU GO BEFORE ONE OF THOSE JUDGES YOU
REFERENCED. BUT ARTICLE 78 COULD OVERTURN THE ADMINISTRATIVE DECISION,
WHICH HAPPENS ALL THE TIME, AND SO YOU GET BEFORE A JUDGE. ALL WE'RE
SAYING IS WE SHOULD BE A ONE-STEP PROCESS INSTEAD OF TWO STEPS, AND THE
CITY HAPPENS TO HAVE THIS AUTHORITY FOR MULTIPLE AGENCIES, NOT JUST FOR
CONSUMERS. SO THIS IS MAKING IT MORE DIFFICULT FOR CONSUMERS TO GET
AWARDS. AND THIS BILL IS FOCUSING ON RESTITUTION FOR PEOPLE WHO ARE THE
LITTLE GUYS WHO ARE GETTING -- WHO ARE LOSING VITAL MONEY BECAUSE THEIR
WAGES ARE BEING STOLEN, THE MONEY IS BEING TAKEN. AND THIS IS ABOUT
RESTITUTION FOR THE EVERYDAY PERSON. AND SO THAT INSTEAD OF TELLING THEM
YOU SHOULD WAIT FIVE, SIX, SEVEN YEARS, WE'RE TRYING TO SPEED UP THAT
PROCESS FOR THAT INDIVIDUAL.
MR. GOODELL: NOW, OF COURSE, UNDER THE CURRENT
PROCESS, AS YOU MENTIONED, THE INDIVIDUAL CAN PRESUMABLY TAKE THAT
ADMINISTRATIVE HEARING AND FILE A SMALL CLAIMS ACTION, FOR EXAMPLE,
AND THAT ADMINISTRATIVE HEARING WOULD BE RELEVANT IN A SMALL CLAIMS
ACTION. WHY SHOULDN'T WE EXPECT THE CONSUMER WHO WANTS TO GET A
51
NYS ASSEMBLY JULY 22, 2020
JUDGMENT TO PURSUE A SMALL CLAIMS ACTION RATHER THAN REVERSING THE
PROCESS AND REQUIRING THE DEFENDANT, IF YOU WILL, TO FILE AN ARTICLE 78 IN
SUPREME COURT? KEEP IN MIND, AN ARTICLE 78 IN SUPREME COURT IS
EXPENSIVE. THE FILING FEES ALONE ARE SEVERAL HUNDRED DOLLARS. YOU
HAVE TO HAVE AN ATTORNEY BECAUSE IT'S A COMPLEX PROCESS, RIGHT? THE
DEFENDANT IS ACTUALLY THE CITY, RIGHT, ON AN ARTICLE 78. YOU CAN'T BRING
AN ARTICLE 78 AGAINST AN INDIVIDUAL. SO WHY WOULD WE SUBSTITUTE AN
ARTICLE 78 FOR SOMEONE WHO BELIEVES THAT THEY WERE WRONGFULLY
ASSESSED A PENALTY, WHICH IS VERY EXPENSIVE, RATHER THAN ALLOW THE
CONSUMER TO BRING A VERY FAST AND INEXPENSIVE SMALL CLAIMS ACTION?
MR. EPSTEIN: WELL I THINK IT GOES BACK TO THE
CONVERSATION THAT I JUST RAISED EARLIER AROUND INEQUITABLE -- INEQUITABLE
POWER RELATIONS HERE.
MR. GOODELL: I'M SUGGESTING THE SMALL CLAIMS
ACTION IS DESIGNED SPECIFICALLY FOR CONSUMERS, RIGHT?
MR. EPSTEIN: DO YOU WANT ME TO ANSWER THE
QUESTION?
MR. GOODELL: YES, PLEASE.
MR. EPSTEIN: OKAY. SO IN -- IN A NORMAL RELATIONS,
LIKE THE CONSUMER HERE IS THE PERSON -- LET'S SAY SOMEONE HAS THEIR
WAGES STOLEN, RIGHT? THEY ARE LIKELY TO BE LIMITED ENGLISH-PROFICIENT
PEOPLE. THEY ARE LIKELY TO NOT UNDERSTAND OUR LEGAL SYSTEM. THESE ARE
PEOPLE WHO ARE BEING TAKEN ADVANTAGE OF. AND THEN YOU'RE TELLING US
THAT INSTEAD OF THE GOVERNMENT TAKING AFFIRMATIVE STEPS TO ASSIST THE
PERSON THAT WE SHOULD JUST LET THAT PERSON OUT OF THEIR OWN, INTO THE
52
NYS ASSEMBLY JULY 22, 2020
COURT SYSTEM, TO SAY, OKAY, WELL GO FILE YOUR SMALL CLAIMS OR YOU GO TO
THE SUPREME COURT AND GET A JUDGMENT. NO, IT'S GOVERNMENT'S
OBLIGATION IS TO HELP THE LITTLE GUY, AND THAT'S EXACTLY WHAT THIS BILL IS
DOING IS SAYING, HEY, WE KNOW WE'RE GOING TO HAVE AN IMPARTIAL
HEARING OFFICER DECIDE THE FACTS HERE. BUT ONCE THAT IMPARTIAL HEARING
OFFICER DECIDES THOSE FACTS, WE'RE GOING TO HELP YOU BY ENSURING THAT
YOU CAN GET A JUDGMENT AND GET RESTITUTION THAT YOU DESERVE. INSTEAD
OF SAYING, WELL, NOW THAT THAT'S DONE, GO -- GOOD LUCK THERE IN SMALL
CLAIMS OR SUPREME. WE DON'T KNOW HOW MUCH MONEY IT'S GOING TO BE,
SO IT MIGHT NOT BE FOR SMALL CLAIMS. IT MIGHT BE TOO BIG AN AMOUNT OF
MONEY. JUST GO FIGURE IT OUT ON YOUR OWN, EVEN THOUGH YOU MAY BE
LIMITED ENGLISH-PROFICIENT AND DON'T UNDERSTAND THE LEGAL SYSTEM. IT'S
GOVERNMENT TAKING RESPONSIBILITY FOR THE MOST VULNERABLE PEOPLE IN OUR
SOCIETY, AND THAT'S EXACTLY WHAT WE SHOULD BE DOING.
MR. GOODELL: AND WOULD YOU THEN APPLY THAT
SAME CONCEPT TO ALL ACTIONS INVOLVING PEOPLE WHO HAVE LIMITED MEANS?
I MEAN, IN THE PAST, JUST BY COMPARISON, WE PROVIDED FREE LEGAL
COUNSEL, RIGHT, THROUGH THE LEGAL AID PROGRAM, AS AN EXAMPLE. FREE
LEGAL COUNSEL FOR THOSE WHO HAVE LIMITED MEANS WHO WANT TO BRING
SMALL CLAIMS ACTIONS, RIGHT? WHY SHOULDN'T WE UTILIZE THE EXISTING
SMALL CLAIMS ACTION PROCESS WHICH IS VERY FAST AND EFFICIENT, AND IF
THESE PARTICULAR INDIVIDUALS NEED MORE HELP, WHY AREN'T WE SUPPORTING
THAT PROCESS?
MR. EPSTEIN: WELL, I'LL SAY, MR. GOODELL, AS YOU
MAY KNOW, THAT I HAVE WORKED AND RUN LEGAL SERVICES OFFICES FOR
53
NYS ASSEMBLY JULY 22, 2020
ABOUT 25 YEARS, RIGHT?
MR. GOODELL: I SUSPECTED THAT YOU HAVE SOME
EXPERIENCE.
MR. EPSTEIN: I HAD SOME EXPERIENCE HELPING LOW-
WAGE INDIVIDUALS AND LOW-WAGE WORKERS AND HELP RECOVER MILLIONS OF
DOLLARS. AND THESE ARE COMPLICATED, DIFFICULT ACTIONS. AND FOR MANY
PEOPLE, THE MAJORITY OF PEOPLE DON'T GET ACCESS TO FREE LEGAL SERVICES.
THEY DON'T GET ACCESS TO LEGAL HELP THAT YOU REFERENCED. THERE IS A
SMALL MINORITY OF PEOPLE WHO DO, BUT THE VAST NUMBER OF PEOPLE WHO
WE'RE TALKING ABOUT DON'T HAVE ACCESS TO THE SYSTEM WE'RE TALKING
ABOUT. SO THIS IS AN OPPORTUNITY FOR THOSE PEOPLE WHO DO GET TO
GOVERNMENT TO FILE A COMPLAINT, THAT WE WILL SEE THEM THROUGH THROUGH
JUDGMENT. THIS IS ACTUALLY A GOOD GOVERNMENT PIECE OF LEGISLATION THAT
WILL HELP. AND THE REASON WE'RE NOT DOING IT BROADER THAN THIS IS
BECAUSE WE WANT TO MAKE SURE THIS IS FOCUSING ON RESTITUTION. WE DON'T
WANT THE GOVERNMENT TO HAVE UNBRIDLED AUTHORITY TO COLLECT JUDGMENTS,
BUT WE DO WANT TO ENSURE THAT PEOPLE WHO DESERVE RESTITUTION SHOULD
GET IT, AND THAT'S EXACTLY WHY THIS IS A NARROW BILL FOCUSING ON
CONSUMERS WHO DESERVE TO HAVE THEIR MONEY GIVEN BACK TO THEM
BECAUSE THAT WAS BASICALLY STOLEN FROM THEM. IT IS WAGE THEFT AND WE
WANT TO FIGHT AGAINST THAT.
MR. GOODELL: THANK YOU VERY MUCH, MR.
EPSTEIN.
ON THE BILL, SIR.
ACTING SPEAKER MCDONALD: ON THE BILL.
54
NYS ASSEMBLY JULY 22, 2020
MR. GOODELL: I CERTAINLY SHARE MY COLLEAGUE'S
DESIRE TO ENSURE THAT PEOPLE WHO HAVE THEIR WAGES STOLEN FROM THEM OR
ARE THE VICTIMS OF THIS TYPE OF ACTIVITY GET RESTITUTION. EVERYONE SHARES
THAT DESIRE. SO THIS DEBATE'S NOT ABOUT THE DESIRE TO HELP THOSE VICTIMS.
THIS DEBATE IS WHAT IS THE BEST WAY TO HELP THEM, CONSISTENT WITH DUE
PROCESS AND IN THE MOST COST-EFFICIENT MANNER. NOW, NOT EVERYONE
WHO CLAIMS THAT THEY ARE A VICTIM OF WAGE THEFT IS ACTUALLY A VICTIM.
THAT'S WHY WE HAVE HEARINGS. THAT'S WHY WE HAVE COURT ACTIONS. AND
I CAN ASSURE YOU, IN MOST COURT ACTIONS THERE ARE TWO PARTIES WITH
DIFFERENT STORIES, AND IT'S UP TO A JUDGE OR A JURY TO SORT OUT THE FACTS AND
DECIDE WHICH ONE'S RIGHT. AND THE PLAINTIFF DOESN'T ALWAYS WIN, AND
THE PLAINTIFF DOESN'T ALWAYS LOSE. AND LIKEWISE FOR THE DEFENDANT. SO
HERE WE HAVE A SITUATION RIGHT NOW WHERE WE HAVE A
GOVERNMENT-FUNDED AGENCY IN NEW YORK CITY THAT REPRESENTS JUST ONE
SIDE OF THAT EQUATION; THE WORKERS. THE EMPLOYERS, THEY HAVE TO
DEFEND THEMSELVES AT THEIR OWN EXPENSE. AND THEY GO IN FRONT OF AN
ADMINISTRATIVE HEARING JUDGE WHO'S APPOINTED BY THE CITY. SO YOU'VE
GOT A CITY AGENCY APPEARING IN FRONT OF AN ADMINISTRATIVE JUDGE WHO IS
HIRED BY THE CITY. AND, YOU KNOW, SOMETIMES THE EMPLOYERS SAY THAT'S
NOT THE SAME AS APPEARING IN FRONT OF AN IMPARTIAL JUDGE OR AN IMPARTIAL
JURY. AND THAT'S WHY WE WANT TO MAKE SURE THAT JUDGMENTS ARE NOT
ENTERED BY PEOPLE WHO ARE NOT BASED ON DECISIONS THAT ARE NOT MADE BY
JUDGES OR JURIES. THAT'S WHY. NOW UNDER THE CURRENT SYSTEM, IF YOU'RE
GETTING AN ADMINISTRATIVE DECISION THAT'S IN YOUR FAVOR, WHICH IS GREAT,
THAT MEANS THAT YOU ARE LIKELY DUE THE MONEY OR MORE THAN LIKELY DUE
55
NYS ASSEMBLY JULY 22, 2020
THE MONEY. THE CURRENT SYSTEM ALLOWS A TENANT TO GET A JUDGMENT IN A
VERY FAST, EASY AND INEXPENSIVE MANNER THROUGH SMALL CLAIMS, OR IF
THEY NEED TO, THEY CAN BRING A SUPREME COURT ACTION AND THAT
ADMINISTRATIVE JUDGE'S DECISION IS RELEVANT. NOT BINDING, BUT CERTAINLY
RELEVANT. AND SO WHAT WE'RE DOING IS REPLACING A SMALL CLAIMS COURT
ACTION, WHICH TYPICALLY COSTS, YOU KNOW, LESS THAN A HUNDRED BUCKS AND
YOU DON'T NEED A LAWYER AND ALL THE RULES OF EVIDENCE ARE -- ARE WAIVED
TO HELP INNOCENT INDIVIDUALS IN SMALL CLAIMS COULD HAVE A DAY IN COURT
IN FRONT OF A QUALIFIED JUDGE. WE REPLACE THAT WITH A COMPLEX APPEAL
PROCESS THAT INVOLVES AN ARTICLE 78 ACTION BROUGHT BY THE EMPLOYER
WHO BELIEVES THAT THEY WERE WRONGED, THAT THEY WERE INNOCENT IN THE
FIRST PLACE, AND THAT COSTS HUNDREDS OF DOLLARS. AND THE NET EFFECT, BY
THE WAY, IS IF THE EMPLOYER FILES AN ARTICLE 78 PROCEEDING BECAUSE IT'S
COMPLEX, THAT EMPLOYEE IS GOING TO BE ENDING UP HIRING A LAWYER OR
HOPING THAT LAWYERS ARE ASSIGNED TO THEM EITHER BY THE CONSUMER
AFFAIRS DIVISION OR BY SOMEBODY ELSE. SO, NO QUESTION. IF AN
EMPLOYEE WAS SHORTED ON THEIR WAGES, THEY SHOULD HAVE THEIR DAY IN
COURT. AND NO QUESTION THAT IF AN EMPLOYER WAS NOT SHORTING AN
EMPLOYEE AND THEY HAD AN HONEST DISAGREEMENT, THE EMPLOYER SHOULD
BE ENTITLED TO THEIR DAY IN COURT. AND I'D JUST SUGGEST THAT CURRENT
PROCESS WHICH RELIES ON QUALIFIED JUDGES OR JURIES TO MAKE A FINAL
DECISION IS THE RIGHT PROCESS, AND GOING DOWN THE ROAD OF HAVING CITY-
AND MUNICIPAL-APPOINTED HEARING OFFICERS MAKE BINDING DECISIONS THAT
RESULT IN JUDGMENTS IS THE WRONG APPROACH, ESPECIALLY WHEN SOME OF US
SUSPECT THAT SOMETIMES HEARING OFFICER APPOINTMENTS HAVE MORE TO DO
56
NYS ASSEMBLY JULY 22, 2020
WITH WHO YOU KNOW AND HOW MUCH YOU'VE CONTRIBUTED TO CAMPAIGNS
THAN THEIR LEGAL QUALIFICATIONS. TO BE CLEAR, I'VE SEEN SOME
PHENOMENALLY GOOD ADMINISTRATIVE LAW JUDGES, BUT THEY ARE NOT THE
SAME AS A REGULAR JUDGE.
THANK YOU.
ACTING SPEAKER MCDONALD: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER MCDONALD: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 181. THIS IS A PARTY VOTE. ANY
MEMBER WISHING 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, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY VOTING NO. IF THERE ARE MEMBERS THAT
WOULD LIKE TO VOTE YES ON THIS LEGISLATION, PLEASE CALL THE MINORITY
LEADER'S OFFICE. AND DO SO QUICKLY BECAUSE WE'VE SCHEDULED A
CONFERENCE CALL WITH THE CONFERENCE AFTER THIS VOTE.
THANK YOU, SIR.
ACTING SPEAKER MCDONALD: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. OUR MAJORITY COLLEAGUES WILL BE VOTING IN THE AFFIRMATIVE FOR
THIS ONE. SHOULD THERE BE A MEMBER WHO WOULD LIKE TO VOTE AGAINST IT
57
NYS ASSEMBLY JULY 22, 2020
THEY CAN PLEASE CONTACT OUR RESPECTIVE OFFICE AND WE'LL BE HAPPY TO
RECORD YOUR NO VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER MCDONALD: MR. EPSTEIN TO
EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. FIRST I WANT TO THANK THE LEADERSHIP AND PROGRAM AND
COUNSEL STAFF TO GET US HERE AND THE -- THE CITY DEPARTMENT OF
CONSUMER AFFAIRS FOR ALL OF THEIR HELP MOVING THIS FORWARD. JUST TO BE
CLEAR, THE NEW YORK STATE DEPARTMENT OF LABOR HAS THIS POWER. THE
NEW YORK CITY PUBLIC HOUSING AUTHORITY HAS THIS POWER. THE --
ACTUALLY PEOPLE DON'T HAVE A PRIVATE RIGHT -- DON'T HAVE A PRIVATE RIGHT
OF ACTION FOR PAID SICK LEAVE. THIS CREATES AN OPPORTUNITY FOR PEOPLE
WHO NEED RESTITUTION. IT'S AN IMPORTANT PIECE OF LEGISLATION THAT WILL
ALLOW THOUSANDS OF PEOPLE WHO ARE LOSING RIGHT NOW BECAUSE OF WAGE
THEFT AND OTHER LOSSES AN OPPORTUNITY TO GET THE RELIEF THAT THEY DESERVE.
I ENCOURAGE MY COLLEAGUES TO VOTE IN FAVOR OF THIS AND
I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MR. GOODELL FOR AN ANNOUNCEMENT.
MR. GOODELL: THANK YOU, MR. SPEAKER. I
INCORRECTLY ANNOUNCED THAT WE ARE HAVING A MINORITY CONFERENCE AT
1:00. I FORGOT THAT WE'RE HERE IN ALBANY AND THOSE TIME FRAMES ARE
ONLY PROJECTIONS. AND SO IT APPEARS AS THOUGH WE MAY BE DOING SOME
58
NYS ASSEMBLY JULY 22, 2020
ADDITIONAL IMPORTANT LEGISLATIVE WORK BEFORE WE CALL OUR CONFERENCE.
AND SO I WOULD ENCOURAGE MY MEMBERS TO STAY ON THE ZOOM IF THEY'RE
ON THE ZOOM AND CONTINUE TO VOTE UNTIL WE GET THE OFFICIAL WORD OF A
CONFERENCE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: YOU'RE QUITE
WELCOME, SIR.
MR. DIPIETRO.
MR. DIPIETRO: ON THE BILL TO EXPLAIN MY VOTE, SIR.
AS A MAYOR BACK IN THE -- IN THE DAY FOR EIGHT YEARS, SIX YEARS AND THEN
THREE AS A TRUSTEE I SAW A LOT OF ARTICLE 78S. SO THIS BILL DOES BRING
SOME PROBLEMS TO ME. JUST -- EVERY TIME I HEAR THAT WORD "ARTICLE 78"
I -- MY HAIR STANDS UP. I HAVEN'T SEEN AN ARTICLE 78 - I'M SURE THERE
HAVE BEEN - BUT IN ALL THE ONES THAT -- THAT I PRESIDED OVER AND SAW IN
OUR VILLAGE WERE -- I DIDN'T -- I DON'T THINK ANY OF THEM WERE UNDER
$5,000 ONCE THEY GOT THE ATTORNEYS, THEY ADJOURNED IT, THEY POSTPONED
IT, THEY -- THEY PUT EVERYTHING TOGETHER, IT WAS VERY EXPENSIVE. AND I
THINK THE PEOPLE WE'RE TRYING TO HELP HERE, I DON'T WANT TO SEE THEM
HAVE TO GO THROUGH ANYTHING WITH AN ARTICLE 78. I'VE JUST -- I'VE BEEN --
THE ONES I'VE BEEN INVOLVED WITH ARE LENGTHY AND EXPENSIVE. I HOPE
THIS IS A -- THE WAY IT'S BEEN PUT TOGETHER WOULD MITIGATE THAT, AND I'M
GOING TO BE VOTING IN THE NEGATIVE. I KNOW THERE'S GOT TO BE OTHER WAYS
TO HELP THESE PEOPLE AND GET THIS FORWARD. I DON'T THINK THIS IS THE EXACT
WAY WE SHOULD DO IT, SO I'LL BE VOTING IN THE NEGATIVE.
THANK YOU, SIR.
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NYS ASSEMBLY JULY 22, 2020
ACTING SPEAKER AUBRY: MR. DIPIETRO IN THE
NEGATIVE.
(PAUSE)
MR. DIPIETRO IN THE NEGATIVE IN CASE YOU DIDN'T HEAR
ME.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08821, RULES REPORT
NO. 185, PAULIN, SIMON, GALEF, GOTTFRIED, JACOBSON, SEAWRIGHT, CRUZ,
MOSLEY. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
DENIAL OF ACCESS TO AN EMPLOYEE TOILET FACILITY.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. PAULIN.
MS. PAULIN: SURE. THE BILL -- THIS BILL CLARIFIES THAT
STATE AND LOCAL CONSUMER PROTECTION DEPARTMENTS HAVE THE POWER AND
DUTY TO HANDLE VIOLATIONS OF THE CROHN'S AND COLITIS FAIRNESS ACT.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU. WOULD THE SPONSOR YIELD
FOR JUST A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: I WOULD BE HAPPY TO.
MS. WALSH: THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
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NYS ASSEMBLY JULY 22, 2020
MS. WALSH: SO, THIS -- BACK IN 2017 WE PASSED THE
CROHN'S AND COLITIS FAIRNESS ACT, WHICH I WAS VERY HAPPY TO SUPPORT.
AND MY UNDERSTANDING IS THAT THIS BILL TRIES TO SET UP AN ENFORCEMENT
MECHANISM FOR THAT BILL THAT WE ALREADY PASSED. IS THAT CORRECT?
MS. PAULIN: YES. ORIGINALLY WE HAD PUT THE LAW
INTO THE PUBLIC HEALTH SECTION OR THE HEALTH -- YOU KNOW, TO THAT SECTION
OF LAW AND THE GOVERNOR ASKED THAT WE REDIRECT IT AND GIVE IT TO --
ESSENTIALLY PUT IT INTO THE GENERAL BUSINESS LAW WHICH MEANS THAT THE
CROHN'S AND COLITIS FAIRNESS ACT WOULD BE OVERSEEN BY THE CONSUMER
DEPARTMENTS. AND HE SAID THAT IN HIS APPROVAL MESSAGE. BUT NEW
YORK CITY HAS SAID THAT THEY DID NOT BELIEVE THAT THEY COULD ENFORCE
WITHOUT THIS ADDITIONAL LANGUAGE. MOST OF THE OTHER DEPARTMENTS HAVE
BEEN ENFORCING BASED ON THE APPROVAL MESSAGE, BUT WE WANTED TO BE
CLEAR BECAUSE WE ESTIMATE THIS MANY - ABOUT 84,000 CASES OF CROHN'S
AND COLITIS IN NEW YORK CITY, SO WE WANTED TO BE SURE THAT THAT
DEPARTMENT FELT THAT THEY HAD THE ABILITY TO FOLLOW UP ON A COMPLAINT.
MS. WALSH: OKAY. BUT DID -- DOES THIS LEGISLATION
AFFECT -- THIS AFFECTS THE ENTIRE STATE, NOT JUST NEW YORK CITY.
MS. PAULIN: IT DOES.
MS. WALSH: YES, THAT'S WHAT I THOUGHT. OKAY, SO
THIS BILL ALSO AUTHORIZES THE CONSUMER PROTECTION DIVISION TO MEDIATE
COMPLAINTS OR TO REFER THEM. SO MY QUESTION WAS, WHERE -- WHERE
MIGHT THE COMPLAINTS BE REFERRED?
MS. PAULIN: SO, I KNOW IN MY COUNTY WE HAVE A
DEPARTMENT DEVOTED TO CONSUMER PROTECTION. MANY -- MANY COUNTIES
61
NYS ASSEMBLY JULY 22, 2020
DO NOT ALL. SO IF YOU HAVE A LOCAL DEPARTMENT WHICH IS PROBABLY FOR
MOST OF THE POPULATION OF THE STATE, YOU WOULD MAKE A COMPLAINT TO
THE CONSUMER DEPARTMENT AND THEN -- THEN THEY WOULD HAVE THE ABILITY
TO FOLLOW UP. AND IF MOST OF THEM -- NOT ALL, AGAIN, BUT MOST HAVE
LAWS. AND, YOU KNOW, I KNOW IN MY COUNTY, FOR EXAMPLE, THERE'S A
PENALTY UP TO $1,000, BUT THOSE -- THOSE VARY, AS THEY DO FOR OTHER
CONSUMER COMPLAINTS AROUND THE STATE. IF A COUNTY DOES NOT HAVE IT
THEN IT'S THE SAME MECHANISM -- IT'S A GENERAL COMPLAINT AND THAT
WOULD GO TO THE -- TO THE STATE DEPARTMENT.
MS. WALSH: OH, TO THE STATE DEPARTMENT.
MS. PAULIN: WELL -- WELL, TO THE -- TO THE
APPROPRIATE DEPARTMENT OF THE STATE, I SHOULD SAY. SO LET'S SEE. I
BELIEVE WHAT THE APPROVAL MESSAGE SAYS --
(PAUSE)
-- SO -- SO THERE'S A CONSUMER PROTECTION BUREAU OR
THE APPROPRIATE DEPARTMENT AT STATE GOVERNMENT. SO HE DOES SAY THAT IT
IS THE NEW YORK STATE DEPARTMENT.
MS. WALSH: OKAY. I WAS WONDERING IF IT MIGHT GO
TO THE NEW YORK STATE DIVISION OF HUMAN RIGHTS. THAT'S -- I WAS JUST
WONDERING.
MS. PAULIN: I THINK WE'D NEED A NEW CHAPTER
AMENDMENT.
MS. WALSH: OKAY. AND THEN YOU KIND OF
ANTICIPATED MY SECOND QUICK QUESTION WHICH WAS ON THE ISSUE OF
PENALTIES. SO IF I UNDERSTOOD YOU CORRECTLY YOU JUST SAID THAT THE
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NYS ASSEMBLY JULY 22, 2020
PENALTIES WOULD VARY FROM -- FROM --
MS. PAULIN: DIFFERENT MUNICIPALITIES. YEAH. AS
THEY DO FOR MOST OF THE CONSUMER COMPLAINTS THAT WE HAVE AROUND THE
STATE. WE WOULD HAVE TO MAKE -- I MEAN, UNIFORMITY IS -- IS GOOD, BUT
WE DON'T HAVE THIS FOR MOST, SO THIS IS ONE OF THOSE NOW.
MS. WALSH: WELL, THANK YOU VERY MUCH FOR YOUR
ANSWERS TO MY QUESTION -- MY QUESTIONS.
AND, MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. WALSH: SO I'M SO GLAD THAT THIS LEGISLATION HAS
BEEN INTRODUCED. I SUPPORT IT WHOLEHEARTEDLY. I WAS DOING A LITTLE BIT
OF RESEARCH AND I SAW THAT ALL OF THIS -- THIS WHOLE MOVEMENT REALLY
AROUND THE -- THE COUNTRY REALLY STARTED IN ILLINOIS WITH ALLY'S LAW AND
THEN IT WAS PICKED UP BY DIFFERENT STATES. AND FROM THERE WE CAME UP
WITH THE 2017 LAW, THE CROHN'S AND COLITIS FAIRNESS ACT. THIS IS
ESPECIALLY IMPORTANT TO ME BECAUSE I HAVE A FAMILY MEMBER WHO
SUFFERS -- AND "SUFFERS" IS THE WORD -- WITH CROHN'S, AND I CAN TELL YOU
THAT HAVING -- BEING ABLE TO GO OUT INTO PUBLIC AND BE ABLE TO FEEL AT ALL
COMFORTABLE THAT IF THE -- IF THE NEED ARISES -- AND IT COULD ARISE, REALLY,
AT THE DROP OF A HAT -- IF -- IF YOU NEED A RESTROOM, YOU NEED A
RESTROOM. AND I THINK IT'S REASONABLE AND FAIR THAT IF THERE'S ONE
AVAILABLE THAT THIS IS A VERY VALID MEDICAL PROBLEM THAT IS SOLVED BY
HAVING EMPLOYERS ALLOW THEIR RESTROOMS TO BE -- EVEN IF THEY'RE
EMPLOYEE RESTROOMS -- TO BE AVAILABLE TO THESE INDIVIDUALS. IT'S REALLY
-- IT'S VERY IMPORTANT.
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NYS ASSEMBLY JULY 22, 2020
SO I'M VERY HAPPY TO SUPPORT THIS -- THIS BILL, AND
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 185. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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: THANK YOU, SIR. PLEASE RECORD MR.
FRIEND IN THE NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK WILL READ.
(PAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
GO TO RULES REPORT NO. 196 BY MS. JEAN-PIERRE AND RULES REPORT NO.
209 BY MR. HEVESI.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
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NYS ASSEMBLY JULY 22, 2020
THE CLERK: ASSEMBLY NO. A09968, RULES REPORT
NO. 196, JEAN-PIERRE. AN ACT TO AMEND CHAPTER 122 OF THE LAWS OF
2015 RELATING TO TAX ASSESSMENTS FOR CERTAIN IMPROVED PROPERTIES
AFFECTED BY SUPERSTORM SANDY, IN RELATION TO EXTENDING THE DEADLINE
FOR TAX EXEMPTION APPLICATIONS.
ACTING SPEAKER AUBRY: MS. WALSH ON THE
BILL.
MS. WALSH: YES, THANK YOU, MR. SPEAKER. SO THIS
BILL EXTENDS FOR AN ADDITIONAL TWO YEARS THE AUTHORIZATION FOR LOCAL
GOVERNMENTS AND SCHOOL DISTRICTS LOCATED IN THE FEDERALLY-DECLARED
DISASTER AREA AS A RESULT OF SUPERSTORM SANDY - WHICH I HAVE A HARD
TIME SAYING - TO ACCEPT APPLICATIONS FOR AN EXEMPTION FROM THE
INCREASE IN PROPERTY TAXES AS A RESULT OF IMPROVEMENTS ON HOMES
AFFECTED BY THAT SUPERSTORM. APPLICATIONS WILL BE ACCEPTED UNTIL
MARCH, 2022. SO, AS I'M SURE WE ALL REMEMBER, SUPERSTORM SANDY
HAPPENED IN 2012, SO WE'RE NOW EIGHT YEARS AWAY FROM THAT STORM.
AND WHEN WE FIRST PASSED THE FIRST EXTENDER, YOU KNOW, IT'S BEEN
UNANIMOUS. AND THE ONLY POINT THAT I JUST WANTED TO BRING OUT -- OR
REALLY A RHETORICAL QUESTION, I GUESS, IS, YOU KNOW, HOW MANY MORE
TIMES ARE WE GOING TO DO THIS? IN -- IN 2018 WE UNANIMOUSLY PASSED
ANOTHER EXTENDER, AND NOW WE HAVE THIS BILL TODAY. I COMPLETELY
UNDERSTAND THE NEED TO GRANT THIS TYPE OF RELIEF, PARTICULARLY IN THE
IMMEDIATE YEARS FOLLOWING THIS TERRIBLE, TERRIBLE STORM THAT DID SO
MUCH DEVASTATION IN THAT AREA. BUT AT THIS POINT THIS WOULD BE
EXTENDED UNTIL MARCH OF 2022, AND I WOULD JUST SAY THAT ALTHOUGH I WILL
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NYS ASSEMBLY JULY 22, 2020
BE SUPPORTING THIS MEASURE, I REALLY DO HOPE THAT THIS IS MAYBE THE LAST
TIME THAT WE SEE THIS BILL AND HAVE TO DO ANOTHER EXTENDER. I JUST THINK
THAT, YOU KNOW, WE SHOULD BE MOVING FORWARD AT THIS POINT, AS I'M SURE
MOST OF THE HOMEOWNERS ALSO WISH TO BE MOVING FORWARD.
SO, THANK YOU VERY MUCH. I WILL BE VOTING IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. MELISSA MILLER.
MS. MILLER: THANK YOU, MR. SPEAKER. I ALSO WILL
BE SUPPORTING THIS LEGISLATION. AND I JUST WANT TO, FOR THE BENEFIT OF
ANYBODY WHO LIKE MY COLLEAGUE MS. WALSH FEELS -- YOU KNOW, WE, TOO,
FEEL THAT HOW MANY TIMES DO WE HAVE TO DO THIS. BUT HAVING LIVED
THROUGH AND SEEN THE DEVASTATION IN OUR AREA AS WELL AS THE CASCADE OF
UNTOWARD EVENTS THAT FOLLOWED THAT WERE OUT OF ANY HOMEOWNER'S
CONTROL, THINGS LIKE TOWNS NOT PERMITTING ON TIME OR HAVING DOCUMENTS
BE LOST, THE TREMENDOUS TURNOVER IN NEW YORK RISING STAFF. THERE
WERE A SERIES OF UNFORTUNATE HAPPENINGS THAT THE HOMEOWNERS COULDN'T
CONTROL. AND SO -- AND THEN, OF COURSE, WORK THAT -- CHANGES OF PLANS
WHERE YOU HAD TO DO -- YOU DIDN'T HAVE TO RAISE, YOU DID HAVE TO RAISE.
YOU KNOW, THERE WERE -- THERE WERE SO MANY MISHAPS FOLLOWING THIS.
THAT IS WHY THIS IS STILL NECESSARY EIGHT YEARS LATER. BELIEVE ME,
ANYBODY WHO WAS LIVING THROUGH THIS, THIS IS THE LAST THING THAT THEY
WANTED TO BE DOING EIGHT YEARS LATER OR STILL LOOKING AT THIS. BUT THE
REALITY IS THAT THERE ARE STILL PEOPLE WHO ARE NOT EVEN BACK IN THEIR
HOMES, THEIR HOMES ARE STILL IN THE AIR OR IN THE, YOU KNOW, HOPEFULLY
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NYS ASSEMBLY JULY 22, 2020
NEARING END STAGES OF CONSTRUCTION.
SO IT'S JUST -- IT IS STILL NECESSARY, SO I WILL BE
SUPPORTING THIS. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. GRIFFIN.
MS. GRIFFIN: YES. THANK YOU FOR ALLOWING ME TO
EXPLAIN MY VOTE. I JUST WANTED TO ADD TO THE CONVERSATION THAT THE
DEVASTATION FROM STORM SANDY IS STILL SEEN HERE. THERE ARE AREAS OF MY
DISTRICT, ESPECIALLY IN FREEPORT WHERE YOU STILL SEE HOUSES BEING BUILT.
ALONG THE COASTLINE YOU SEE THIS. AND IT HAS BEEN SO FRUSTRATING FOR SO
MANY HOMEOWNERS THROUGHOUT THE -- NASSAU COUNTY, THROUGHOUT THE
SOUTH SHORE OF NASSAU COUNTY. SO IT IS SO IMPORTANT AND ALSO HARD TO
BELIEVE THAT WE STILL NEED TO EXTEND THIS. BUT THE HOMEOWNERS REALLY
NEED IT AND I AM PROUD TO SUPPORT THIS BILL AND VOTE IN THE AFFIRMATIVE.
THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU, MS.
GRIFFIN.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 196. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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.)
MRS. PEOPLES-STOKES: MR. SPEAKER, WHILE
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NYS ASSEMBLY JULY 22, 2020
WE'RE WAITING FOR COLLEAGUES TO LET US KNOW OF THEIR EXCEPTIONS TO PARTY
VOTES ON THIS BILL, I NOTICED THAT WE HAVE A -- A NEW MEMBER KIM IN
THE CHAMBERS. SHE LOOKS LIKE SHE'S ABOUT FOUR OR FIVE. HI. AND SHE
WAS IN HERE, MR. SPEAKER, DOING A VICTORY SIGN.
(LAUGHTER)
OH, THAT'S NOT VICTORY, THAT'S THE STAR WARS. IT'S NICE TO
SEE YOU, YOUNG LADY. SHE'S TALKING IN THE MIC. WE -- WE HOPE THAT YOU
AND YOUR DAD AND THE REST OF YOUR FAMILY WILL STAY SAFE AND HEALTHY AND
STAY BLESSED. YOU'RE WELCOME INTO OUR CHAMBERS. IT'S NICE TO SEE YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10513, RULES REPORT
NO. 209, COMMITTEE ON RULES (HEVESI, JAFFEE). AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO REPORTING DATA ON CHILD WELFARE
PREVENTIVE SERVICES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. HEVESI.
MR. HEVESI: THANK YOU, MR. SPEAKER AND MY
COLLEAGUES. I WOULD LIKE TO TAKE A MOMENT, A POINT OF PERSONAL
PRIVILEGE, MR. SPEAKER, JUST TO THANK ALL OF THE STAFF AND MEMBERS AT THE
DESK WHO I'M WATCHING DAILY IN AND OUT. ALL OF THEM, INCLUDING THE
PARLIAMENTARIAN, MY FRIEND THE SERGEANT-AT-ARMS, EVERYONE, FOR THE
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NYS ASSEMBLY JULY 22, 2020
GREAT JOB THEY'RE DOING ALL BEHIND THE SCENES. EVERYONE EXCEPT BRIAN
COYNE, WHO I CANNOT BRING MYSELF TO THANK PUBLICLY.
(LAUGHTER)
AS FOR THE -- AS FOR THE EXPLANATION FOR THE BILL, THIS
BILL WOULD ESTABLISH REPORTING REQUIREMENTS FOR THE OFFICE OF CHILDREN
AND FAMILY SERVICES TO COLLECT DATA ON THE UTILIZATION AND EFFECTIVENESS
OF PREVENTATIVE SERVICES. WHEN WE'RE TALKING ABOUT PREVENTATIVE
SERVICES IN THIS CONTEXT WE'RE TALKING ABOUT SERVICES THAT ARE DESIGNED
TO KEEP FAMILIES TOGETHER AND TO KEEP KIDS OUT OF FOSTER CARE. THIS IS A
STRAIGHT REPORTING BILL. IT WILL HAVE A MINIMAL FISCAL IMPACT, AND
FRANKLY, WE NEED TO KNOW EXACTLY WHAT KIND OF SERVICES WE ARE
PROVIDING IN AN EFFORT TO SAVE MONEY. THE REASON WHY YOU HAVE
PREVENTATIVE SERVICES IS YOU WANT TO KEEP KIDS OUT OF FOSTER CARE,
PARTICULARLY FOSTER CONGREGATE CARE, IS THAT THEY'RE MORE EXPENSIVE
TYPES OF CARE, AND OUR COUNTIES PICK UP A 38 PERCENT PORTION OF THOSE.
SO BY GETTING A REAL SENSE IF OUR MONEY IS GOING TO THE RIGHT SERVICES,
I'M LOOKING TO SAVE MONEY AT THE END OF THE DAY. BUT IT WILL REQUIRE
THE COOPERATION FROM OUR COUNTIES TO COOPERATE WITH OCFS AND GIVE
THE DATA. THAT'S WHAT THIS BILL DOES.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU. WOULD THE SPONSOR YIELD
FOR JUST A COUPLE OF QUICK QUESTIONS?
MR. HEVESI: MY PLEASURE, MS. WALSH. GOOD TO
SEE YOU.
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NYS ASSEMBLY JULY 22, 2020
ACTING SPEAKER AUBRY: MR. HEVESI YIELDS.
MS. WALSH: GOOD TO SEE YOU AS WELL. WELL IT'S
MUSIC TO MY EARS THAT YOU THINK THAT THIS REPORT IS GOING TO SAVE THE
STATE MONEY. THAT'S -- THAT'S GREAT. I APPRECIATE THAT IDEA. I -- I -- YOU
ALSO ADDRESSED WHERE THIS DATA WOULD BE COMING FROM, WHICH IS THE
BURDEN IS GOING TO BE ON THE LOCAL DSS UNITS TO PROVIDE THIS DATA. IS
THAT RIGHT?
MR. HEVESI: YES. THAT'S CORRECT.
MS. WALSH: DO YOU HAPPEN TO KNOW HOW MANY
ANNUAL REPORTS OCFS IS REQUIRED TO PREPARE?
MR. HEVESI: I DON'T. AND TO BE PERFECTLY HONEST
WITH YOU, I HATE ADDING NEW REPORTING REQUIREMENTS AT A TIME WHEN THE
STATE IS BROKE AND THE COUNTIES ARE BROKE. I GOT TO TELL YOU, WE WERE
HESITANT ABOUT DOING IT, BUT WE'RE GOING TO DO IT BECAUSE, AGAIN, THE
GOAL IS, ONE, TO KEEP FAMILIES TOGETHER. TWO, TO SAVE THE STATE MONEY
BY NOT HAVING KIDS FUNNELED INTO MORE EXPENSIVE PROGRAMS. SO, YOU
KNOW, I -- I UNDERSTAND THAT THERE WILL BE A LITTLE BIT OF EXTRA WORK AND
TIME CONSUMED BY THE LOCAL DSS, BUT I -- I'M GOING TO PROMISE YOU
THAT WE'LL DO EVERYTHING WE CAN TO MAKE IT WORTH THEIR WHILE AND TO
MAKE SURE THAT WE ARE TRYING TO BE AS TRANSPARENT AND SAVE AS MUCH
MONEY AS POSSIBLE.
MS. WALSH: SO, YOU KNOW, AND I'M PRETTY FAMILIAR,
HAVING WORKED IN -- AS AN ASSISTANT COUNTY ATTORNEY WORKING WITH CPS
AND FOSTER CARE FOR SEVERAL YEARS. I'M REALLY FAMILIAR WITH THE VALUE OF
PREVENTATIVE SERVICES, BUT FOR THE -- FOR THE PEOPLE OUR COLLEAGUES WHO
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NYS ASSEMBLY JULY 22, 2020
DO NOT KNOW WHAT THEY ARE, DO -- IS THE PURPOSE OF THE REPORT, MR.
HEVESI, TO TRY TO IDENTIFY WHAT SERVICES ARE THE MOST EFFECTIVE IN TRYING
TO PREVENT CHILDREN FROM ENTERING FOSTER CARE, FOR EXAMPLE? IS IT TRYING
TO FIGURE OUT WHICH ONES ARE THE BEST OR WHO'S UTILIZING THEM? I'M JUST
A LITTLE BIT CONFUSED ABOUT THE FOCUS OF THE REPORT.
MR. HEVESI: SO -- SO THE ANSWER TO ALL OF YOUR
QUESTIONS IS YES. WE'RE TRYING TO GET -- WE'RE TRYING TO GET ALL OF THAT
DATA. SO FIRST, WE'RE TRYING TO GET A SENSE OF HOW MANY KIDS USE THESE
PREVENTATIVE SERVICES, WHERE THEY WERE REFERRED FROM, IN WHAT
COUNTIES. ALSO, THERE ARE SEVERAL FUNDING STREAMS HERE, SOME THAT ARE
MORE COUNTY-HEAVY THAN OTHERS, SO I WANT TO GET A SENSE OF WHO'S
PAYING FOR THEM. AND THEN ALSO, WE ARE ASKING OCFS TO DETERMINE
WHETHER THESE HAVE WORKED BY TELLING US HOW MANY KIDS WOUND UP IN
FOSTER CARE ANYWAY. SO THE ANSWER TO ALL OF YOUR QUESTIONS IS YES.
MS. WALSH: WELL, THAT'S GREAT. THANK YOU VERY
MUCH FOR YOUR ANSWERS TO -- TO MY QUESTIONS.
AND, MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO, I THINK -- THINK THAT AS THE SPONSOR
INDICATED -- AND HE INDICATED THAT THERE WERE SOME RELUCTANCE TO PUT
THE BILL FORWARD IN THE SENSE THAT DO WE REALLY NEED ANOTHER REPORT.
AND WHEN I FIRST TOOK A LOOK AT THE BILL, THAT WAS MY INITIAL REACTION.
YOU KNOW, NOW WITH OUR STATE BEING IN SUCH A FISCAL CRISIS AS IT IS IN, IS
THIS REALLY THE TIME TO IMPOSE AN ADDITIONAL BURDEN ON OUR LOCAL DSS TO
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NYS ASSEMBLY JULY 22, 2020
PROVIDE ALL THIS DATA? IS IT -- IS IT AN APPROPRIATE TIME TO ADD ANOTHER
REPORT TO THE LONG LIST OF REPORTS THAT OCFS IS REQUIRED TO PRODUCE EACH
AND EVERY YEAR? AND, QUITE FRANKLY, YOU KNOW, SOMETIMES THESE
REPORTS, THEY SOUND REALLY GOOD BUT THEY -- THEY MIGHT BE SITTING ON A
SHELF. THEY MIGHT NOT BE BEING READ AFTER THEY'RE PREPARED.
SOMETIMES THEY'RE NOT PREPARED REALLY IN A TIMELY WAY. SO I -- I THINK,
YOU KNOW, REPORT BILLS, REPORTING BILLS ARE SOMETHING THAT WE REGULARLY
DO SUPPORT AS -- AS AN ASSEMBLY BODY, BUT, YOU KNOW, I THINK THAT WE
SHOULD BE CAREFUL TO NOT DO REPORTS FOR THE SAKE OF REPORTS. HOWEVER,
AFTER TALKING IN JUST THE BRIEF DEBATE THAT I HAD WITH MR. HEVESI, I DO
BELIEVE THAT THE SPONSOR GENUINELY DOES THINK THAT THIS MAY YIELD SOME
COST SAVINGS AND A CLOSER ANALYSIS OF PREVENTATIVE SERVICES AND -- AND
WHAT WE COULD BE DOING BETTER, MAYBE ON A COUNTY-BY-COUNTY LEVEL.
YEAH.
SO I GUESS I WILL BE SPONSORING THIS BILL. HOWEVER, I,
YOU KNOW, I -- I STRUGGLE WITH IT A LITTLE BIT BECAUSE I FEEL LIKE IN A LOT OF
WAYS I'D RATHER SEE OUR LOCAL DSS AGENCIES USING THEIR TIME AND
ATTENTION TO DELIVER PREVENTIVE SERVICES INSTEAD OF HAVING TO TAKE THE
TIME TO GET THE DATA READY AND PUSH IT UP THE CHAIN AND HAVE ANOTHER
REPORT DONE. SO I WILL SUPPORT THE BILL, BUT I REALLY HOPE THAT WHAT WE
GET IS GOING TO BE -- YOU KNOW, WE'RE GOING TO GET THE -- THE
BANGLADESH FOR THE BUCK HERE. SO THANK YOU VERY MUCH, AND THANK
YOU TO THE SPONSOR.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
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NYS ASSEMBLY JULY 22, 2020
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 209. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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: THANK YOU, SIR. PLEASE RECORD MR.
DIPIETRO IN THE NEGATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WE ARE GOING TO AT THIS POINT STAND IN RECESS. MR. GOODELL IS
GOING TO MAKE AN ANNOUNCEMENT REGARDING HIS CONFERENCE, AND
IMMEDIATELY FOLLOWING THEIR COMPLETION OF THEIR WORK WE'LL BE GOING
INTO FOUR COMMITTEES WHICH WERE MENTIONED EARLIER: JUDICIARY, CODES,
WAYS AND MEANS AND RULES. SO WE WILL BE IN RECESS UNTIL THEN.
MEMBERS JUST NEED TO LEAVE THEMSELVES IN THE ZOOM CONFERENCE AS
THEY STEP AWAY FOR A RECESS.
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NYS ASSEMBLY JULY 22, 2020
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE MEMBERS OF
THE REPUBLICAN CONFERENCE ARE ENCOURAGED TO JOIN US ON A ZOOM
CONFERENCE CALL. IMMEDIATELY FOLLOWING THAT THEY WILL NEED TO REENTER
INTO THE ZOOM SYSTEM FOR THE ASSEMBLY SO THAT THEY CAN PARTICIPATE IN
ALL THE COMMITTEE MEETINGS THAT WILL FOLLOW. SO FOR THE REPUBLICAN
CAUCUS MEMBERS, PLEASE JOIN US IN ZOOM FOR A CONFERENCE MEETING.
THANK YOU.
ACTING SPEAKER AUBRY: REPUBLICAN
CONFERENCE IN ZOOM.
THE HOUSE STANDS IN RECESS.
(WHEREUPON, THE HOUSE STOOD IN RECESS.)
* * * * *
A F T E R T H E R E C E S S 5:00 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
MRS. PEOPLES-STOKES: THANK YOU. WE SHOULD
CONTINUE WHERE WE LEFT OFF ON OUR DEBATE LIST. WE'RE GOING TO GO TO
RULES REPORT NO. 220 BY MS. ROSENTHAL, RULES REPORT NO. 221 IS BY
MR. EPSTEIN AND RULES REPORT NO. 222 IS BY MR. LAVINE, IN THAT ORDER,
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NYS ASSEMBLY JULY 22, 2020
MR. SPEAKER.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00732-B, RULES
REPORT NO. 220, L. ROSENTHAL, SIMON, ABINANTI, WEPRIN, BARRON,
EPSTEIN, SEAWRIGHT, GLICK, D'URSO, COLTON, REYES, ORTIZ, GRIFFIN,
THIELE, GOTTFRIED, WALLACE, RODRIGUEZ, STECK, FALL, OTIS. AN ACT TO
AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING
THE USE OF GLYPHOSATE ON STATE PROPERTY.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. ROSENTHAL.
MS. ROSENTHAL: THIS BILL WOULD PROHIBIT THE
APPLICATION OF GLYPHOSATE ON STATE PROPERTY. DID YOU HEAR ME?
ACTING SPEAKER AUBRY: YES, MA'AM.
MS. ROSENTHAL: OKAY.
ACTING SPEAKER AUBRY: MR. GOODELL.
(PAUSE)
MR. MANKTELOW.
(PAUSE)
MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
MR. GOODELL: THANK YOU, MS. ROSENTHAL, FOR
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NYS ASSEMBLY JULY 22, 2020
YIELDING. WHY WOULD YOU WANT TO PROHIBIT THE USE OF GLYPHOSATE?
MS. ROSENTHAL: GLYPHOSATE IS A WEED KILLER. IT'S
BEEN IDENTIFIED AS A PROBABLE HUMAN CARCINOGEN AND IT IS -- IT IS
BANNED IN VARIOUS PLACES AROUND THE WORLD AND IT IS -- IT IS A PROBABLE
CARCINOGEN.
MR. GOODELL: IS THIS THE INGREDIENT THAT IS IN WHAT
IS GENERALLY KNOWN AS ROUNDUP?
MS. ROSENTHAL: YES, IT IS.
MR. GOODELL: SO THIS IS A PRODUCT THAT LITERALLY
MILLIONS OF CONSUMERS BUY EVERY DAY AND USE AROUND THEIR HOME?
MS. ROSENTHAL: IT IS, BUT IT IS BANNED IN 21
COUNTRIES AROUND THE WORLD. IT'S BANNED IN DIFFERENT -- DIFFERENT CITIES
IN THE U.S. IN ADDITION, IN NEW YORK STATE, IT IS BANNED ON
PLAYGROUNDS, IN SCHOOLS ALL OVER THE STATE AND OTHER AREAS.
MR. GOODELL: AND SO, THE STATE HAS ALREADY
BANNED THE USE OF THIS CHEMICAL IN ANY AREAS THAT MIGHT BE SENSITIVE
LIKE AROUND SCHOOLS OR PLAYGROUNDS?
MS. ROSENTHAL: IT'S HAS NOT BEEN BANNED IN STATE
PARKS AND STATE PROPERTY, STATE RECREATION AREAS, AND IT IS ALSO
UNNECESSARY TO USE BECAUSE THERE ARE MANY OTHER ALTERNATIVES THAT ARE
NOT TOXIC.
MR. GOODELL: AND WHAT ARE THOSE ALTERNATIVES?
MS. ROSENTHAL: LET ME GET THAT FOR YOU. ONE
SECOND. THERE'S SOMETHING CALLED INDUSTRIAL VINEGAR, AND THERE ARE
HERBAL PRODUCTS, AS WELL.
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NYS ASSEMBLY JULY 22, 2020
MR. GOODELL: AS -- AS YOU KNOW, THOSE PRODUCTS
ALSO HAVE WELL-KNOWN SIDE EFFECTS. INDUSTRIAL VINEGAR, FOR EXAMPLE, IS
VERY ACIDIC. THE HERBAL PRODUCTS ARE -- ARE GREAT, BUT OBVIOUSLY, IF THEY
WERE AS EFFECTIVE OR COST-EFFECTIVE THEY'D BE WIDELY UTILIZED AS WELL.
MS. ROSENTHAL: I'LL TAKE ACIDIC OVER CANCER
CAUSING ANY DAY.
MR. GOODELL: I'M SORRY?
MS. ROSENTHAL: I SAID I WILL TAKE ACIDIC OVER
CANCER CAUSING ANY DAY.
MR. GOODELL: WELL, JUST KEEP IN MIND THAT EVEN
WHEN YOU'RE DEALING WITH ACIDITY, WE USED TO HAVE A HORRIFIC PROBLEM
WITH ACID RAIN IN THE ADIRONDACKS. WOULD YOUR BILL PROVIDE FOR ANY
EXCEPTION IN ANY OF OUR STATE PARKS, AND WOULD IT APPLY, AS WELL, TO THE
ADIRONDACK STATE PARK?
MS. ROSENTHAL: IT WOULD APPLY TO ALL STATE
PARKS, BUT LET ME CLARIFY THAT ROUNDUP IS USED TO ELIMINATE WEEDS AND
BEFORE THE INVENTION OF ROUNDUP AND ALL THESE PESTICIDES, IT WAS
ACTUALLY SOMETHING THAT WAS MANUALLY DONE. THAT IS ALSO A POSSIBILITY.
MR. GOODELL: SO YOU ENVISION THAT IN THE
ADIRONDACK STATE PARK WE WOULD MANUALLY REMOVE WEEDS?
MS. ROSENTHAL: THIS IS A STATEWIDE BILL, SO IT'S IN
THAT PARK, BUT IT'S ALSO IN OTHER AREAS WHERE IT CERTAINLY COULD BE
MANUALLY REMOVED. BUT WHAT THE GOAL OF THIS LEGISLATION IS TO TAKE
AWAY SOMETHING THAT HAS BEEN IDENTIFIED AS A PROBABLE CARCINOGEN, AND
ALSO SPARE THE STATE THE LIABILITY BECAUSE, IN FACT, THERE ARE SUITS ACROSS
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NYS ASSEMBLY JULY 22, 2020
THE COUNTRY AGAINST BAYER, WHICH BOUGHT MONSANTO, ONES THAT BAYER
SETTLED FOR MILLIONS OF DOLLARS AND WE ARE JUST A SITTING DUCK IF ANYONE
TRIES TO SUE NEW YORK STATE.
MR. GOODELL: AM I CORRECT YOUR BILL WOULD NOT
APPLY, THEN, TO THE PRIVATE USE OF THIS FOR AGRICULTURAL USE, FOR EXAMPLE,
OR HOME USE OR WHATEVER?
MS. ROSENTHAL: THAT IS RIGHT. IT'S ONLY ON STATE
PROPERTY. AND, ALSO, I DON'T THINK THE ADIRONDACKS GETS WEEDS.
MR. GOODELL: YOU THINK THEY'RE EXEMPT?
MS. ROSENTHAL: THEY DON'T GET WEEDED, THOSE
ARE WILD AREAS SO I DON'T BELIEVE IT IS APPLIED THERE.
MR. GOODELL: NOW, THIS CHEMICAL HAS BEEN
EXTENSIVELY REVIEWED, IF I'M NOT MISTAKEN, BY BOTH THE EPA AND THE
DEC. HAS THE EPA BANNED ITS GENERAL USE?
MS. ROSENTHAL: OKAY, WELL, FIRST OF ALL, THE EPA
-- AND THERE ARE MULTIPLE PEER-REVIEWED STUDIES THAT SUGGEST THAT
GLYPHOSATE CAN BE HARMFUL. A 2016 CONSENSUS STATEMENT IN
ENVIRONMENTAL HEALTH, THAT'S A PUBLICATION, FOUND THAT HUMAN
EPIDEMIOLOGICAL AND DOMESTICATED ANIMAL STUDIES SUGGEST ASSOCIATION
EXPOSURE -- BETWEEN EXPOSURE TO GBH'S ADVERSE HEALTH OUTCOMES. A
2014 REPORT BY THE USGS, THE UNITED STATES GEOLOGICAL SURVEY, FOUND
GLYPHOSATES OCCURRED WIDELY, 59 PERCENT OF SURFACE WATER STUDIES, 58
PERCENT OF SOIL AND SEDIMENT SAMPLES, AND -- AND THE FACT IS THAT THE
EPA, WORKING WITH MONSANTO, MANAGED TO SQUELCH A REPORT
ILLUSTRATING GLYPHOSATE'S HARMS FOR THREE YEARS. THE EPA THAT IS RULING
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ON THIS IS ONE THAT IS COMPLICIT WITH THE INDUSTRY. SO, I -- MOST PEOPLE
DO NOT TRUST THAT PROCLAMATION.
MR. GOODELL: SO MY QUESTION WAS HAS THE EPA
REVIEWED IT? AND I THINK YOUR ANSWER IS YES, THEY HAVE, BUT YOU DON'T
TRUST THE EPA; IS THAT ACCURATE?
MS. ROSENTHAL: WELL, WHAT I SAID AND I'LL -- I'LL
FURTHER TO THAT IS IN A MARCH 2019 TRIAL, A FORMER CEO OF MONSANTO
REVEALED THAT THE COMPANY NEVER CONDUCTED EPIDEMIOLOGICAL STUDIES
ON THE CANCER RISK, AND MULTIPLE TRIALS IN CALIFORNIA AGAINST MONSANTO
HAVE REVEALED THAT THE EPA HAS BEEN VERY LAX ON OVERSIGHT. THESE ARE
IN THE TRIALS WHERE PEOPLE WERE AWARDED MILLIONS OF DOLLARS. I THINK
YOU'RE FAMILIAR WITH THE CASE OF -- OF THE MAN WHO SUED AND HE
DEVELOPED NON-HODGKIN'S LYMPHOMA BECAUSE HE HAD WORKED WITH
GLYPHOSATE FOR MANY, MANY YEARS --
MR. GOODELL: WELL, I AM FAMILIAR WITH THAT --
MS. ROSENTHAL: -- HE'S THE ONE -- AND HE PASSED
AWAY, SO HIS SUIT IS THE ONE WHERE MILLIONS OF DOLLARS WERE AWARDED.
MR. GOODELL: MY QUESTION, THOUGH, AND I
APOLOGIZE IF IT SOUNDS LIKE I'VE ASKED IT FOR THE THIRD TIME, BUT FOR THE
THIRD TIME, HAS THE EPA RULED ON THIS AND WHAT WAS THE EPA'S
DETERMINATION?
MS. ROSENTHAL: I THINK -- I THINK YOU KNOW THE
ANSWER TO THAT QUESTION. I ANSWERED IT WITH A CAVEAT THAT THE EPA --
THE EPA THAT HID FOR THREE YEARS EVIDENCE THAT GLYPHOSATE USE IS
HARMFUL SAID IT'S NOT HARMFUL.
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MR. GOODELL: I SEE. SO THE EPA SAID IT'S NOT
HARMFUL AND, OF COURSE, WE ALSO HAVE THE NEW YORK STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, OUR STATE EMPLOYEES WHO WE BELIEVE
ARE EXPERTS. AND WHAT HAS THE NEW YORK STATE DEC SAID ABOUT THIS
CHEMICAL USE?
MS. ROSENTHAL: I DON'T BELIEVE IT'S COME BEFORE
DEC.
MR. GOODELL: DOES THE DEC, UNDER CURRENT LAW,
HAVE THE AUTHORITY TO BAN HARMFUL CHEMICALS THAT THEY THINK ARE AN
IMMINENT THREAT?
MS. ROSENTHAL: YOU KNOW, IT'S NOT A BAN; IT'S A
PROHIBITION ON ITS USE IN CERTAIN AREAS IN THE STATE WHERE IT WOULD BE IN
CONTACT WITH CHILDREN -- IT WOULD BE HARMFUL TO THEM.
MR. GOODELL: BUT OUR DEC CERTAINLY HAS THE
AUTHORITY TO BAN CHEMICALS THEY THINK ARE DANGEROUS, CORRECT?
MS. ROSENTHAL: OUR -- OUR STATE AGENCIES HAVE
AUTHORITY TO DO MANY THINGS. I DON'T KNOW THAT IT WAS BROUGHT UP IN --
IN FRONT OF THEM, BUT THIS IS AN ACTION THAT A LEGISLATURE CAN TAKE.
MR. GOODELL: SO AT THIS POINT, THOUGH, THE DEC
HAS NOT EXERCISED ITS EXPERTISE TO BAN OR RESTRICT THE USE OF THIS
CHEMICAL; IS THAT CORRECT?
MS. ROSENTHAL: I DON'T THINK IT PROVES OR
DISPROVES ANYTHING. THEY HAVEN'T -- THEY HAVEN'T MADE DETERMINATIONS.
AND IT'S A PURCHASING PREFERENCE.
MR. GOODELL: AND IS IT THEN YOUR VIEW THAT THE
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LEGISLATURE, WHICH, I MEAN, WE HAVE A LOT OF REALLY SMART, SMART
CAPABLE PEOPLE, NO DOUBT, BUT IS IT YOUR VIEW THAT WE ARE SMARTER, MORE
CAPABLE, MORE EDUCATED, MORE SCIENTIFICALLY-IN TUNE THAN OUR OWN DEC
AND THE FEDERAL EPA WHEN IT COMES TO RECOGNIZING AND BANNING
CHEMICALS?
MS. ROSENTHAL: ONCE AGAIN, MR. GOODELL, WE'RE
NOT BANNING THIS CHEMICAL. I WOULD LIKE TO, BUT THAT'S NOT WHAT THIS BILL
IS ABOUT. THIS BILL IS ABOUT BANNING ITS USE IN STATE PARKS. THE
LEGISLATURE HAS ACTED TO PROHIBIT PESTICIDES IN PLAYGROUNDS, SO WE'VE
DONE THIS BEFORE.
MR. GOODELL: THANK YOU VERY MUCH, MS.
ROSENTHAL. I APPRECIATE YOUR ANSWERS AND YOUR PATIENCE WITH ME AS I
ASKED THOSE QUESTIONS. THANK YOU, MA'AM.
MS. ROSENTHAL: NO PROBLEM.
MR. GOODELL: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. MANKTELOW: THANK YOU VERY MUCH,
MADAM SPONSOR. I APOLOGIZE IF I MISSED A COUPLE OF THE QUESTIONS THAT
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MY COLLEAGUE ASKED, BUT I'LL JUST REITERATE THEM. ONE OF THE QUESTIONS:
DO YOU KNOW HOW MANY ACRES IN NEW YORK STATE IS ACTUALLY USED FOR
AGRICULTURE THAT IS STATE PROPERTY?
MS. ROSENTHAL: THIS -- THIS DOES NOT PERTAIN TO
ALL ACRES OF AGRICULTURE IN NEW YORK STATE.
MR. MANKTELOW: SO -- SO WHAT YOU'RE SAYING IS
IF IT'S AG-RELATED, THIS ISN'T GOING TO RELATE TO AG-RELATED?
MS. ROSENTHAL: IT -- IT -- IT -- IT INCLUDES STATE
PARKS, FORESTS, CERTAIN CAMPGROUNDS AND OTHER RECREATIONAL FACILITIES.
SO, IT IS NOT DIRECTED AT FARMS AT ALL.
MR. MANKTELOW: BUT IT DOES SAY "STATE
PROPERTIES", CORRECT?
MS. ROSENTHAL: YES. IF A FARM -- IF SOMEONE IS
USING STATE LAND, THEY WOULD HAVE TO FOLLOW THE LAW, BUT THIS IS NOT -- IT
IS DIRECTED AT PUBLIC USE AREAS.
MR. MANKTELOW: OKAY. SO -- SO IS IT SAFE FOR
ME TO SAY THAT ANY OF OUR FARMERS CAN USE STATE PROPERTY AND USE
GLYPHOSATE ON IT?
MS. ROSENTHAL: IF FARMERS ARE USING STATE LANDS,
THEY HAVE TO FOLLOW STATE LAW. IF IT PERTAINS TO LANDS THAT THEY ARE
USING, YES.
MR. MANKTELOW: OKAY. SO IF THIS BILL PASSES
AND IT BECOMES LAW, WHAT'S GOING TO HAPPEN THEN AT THAT POINT?
MS. ROSENTHAL: WHAT WILL HAPPEN THEN IS THAT IN
STATE PARKS, FORESTS, CERTAIN CAMPGROUNDS AND OTHER RECREATIONAL
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FACILITIES, THERE WILL BE NO MORE USE OF PRODUCTS CONTAINING GLYPHOSATE;
HOWEVER, THERE ARE OTHER NON-TOXIC CHEMICALS THAT CAN STILL BE USED.
MR. MANKTELOW: OKAY. SO -- SO YOU'RE TALKING
ABOUT NON-TOXIC CHEMICALS, BUT A FARMER CAN STILL USE GLYPHOSATE; YOU
HAVEN'T SAID YES OR NO TO ME. THAT'S WHAT I'M ASKING.
MS. ROSENTHAL: WELL, FARMERS USING STATE LANDS
WOULD HAVE TO FOLLOW STATE LAW AND WOULDN'T BE ABLE TO USE IT;
HOWEVER, FARMERS OWN PROPERTY, THEY CAN USE WHAT THEY WANT.
MR. MANKTELOW: I UNDERSTAND. SO WHAT YOU
JUST SAID NOW THEN IF THIS PASSES, FARMERS COULD NOT USE THIS ON STATE
PROPERTY.
MS. ROSENTHAL: ON STATE PROPERTY, THEY HAVE TO
FOLLOW STATE LAW PERTAINING TO THAT PROPERTY.
MR. MANKTELOW: OKAY. SO IT IS MORE THAN JUST
THE PARKS AND OTHER AREAS. HOW DOES THIS PERTAIN TO OUR SUNY
SCHOOLS?
MS. ROSENTHAL: SORRY -- SORRY?
MR. MANKTELOW: HOW WOULD THIS PERTAIN TO OUR
STATE COLLEGES, OUR SUNY SCHOOLS LIKE --
MS. ROSENTHAL: IF IT'S -- IF IT WAS STATE LAND, THEY
HAVE TO FOLLOW STATE LAW, YES.
MR. MANKTELOW: OKAY. SO SUNY MORRISVILLE,
SUNY COBLESKILL -- SUNY MORRISVILLE USES ABOUT 800 ACRES; SUNY
COBLESKILL USES ABOUT 650; SUNY DELHI USES ABOUT 250 ACRES. SO, AT
THIS POINT WHAT YOU'RE SAYING IS IF THIS LAW PASSES, THOSE SCHOOLS ARE NOT
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ALLOWED TO USE GLYPHOSATE EVEN THOUGH IT'S LABELED IN NEW YORK STATE,
THEY'RE NOT GOING TO BE ALLOWED TO USE IT; IS THAT CORRECT?
MS. ROSENTHAL: YES, THAT IS CORRECT. BUT, AS I
SAID EARLIER, THERE ARE ALTERNATIVES THAT DON'T HAVE ANY LINK TO CANCER.
MR. MANKTELOW: OKAY. I -- I AGREE WITH THAT. I
MEAN, I UNDERSTAND THAT. I DON'T AGREE WITH THAT, BUT I UNDERSTAND THAT.
BUT WE HAVE TO BE PRODUCTIVE IN NEW YORK STATE. WE NEED TO
COMPETE WITH OTHER STATES IN THE COUNTRY, AND SO BASICALLY WHAT YOU'RE
SAYING IS WE, AS LEGISLATORS, ARE SMARTER THAN THE EPA AND THE DEC,
BECAUSE THEY HAVEN'T BANNED IT IN NEW YORK STATE; IS THAT CORRECT?
MS. ROSENTHAL: NO, IT'S NOT CORRECT, ACTUALLY. AS
I SAID TO MR. GOODELL, DEP [SIC] HAS NOT GIVEN AN OPINION AND SO --
MR. MANKTELOW: PARDON ME? DEP?
MS. ROSENTHAL: I SAID DEP [SIC] IS NOT PART OF
THIS DISCUSSION. THEY HAVE NOT RULED. AND ALSO, AS I SAID TO MR.
GOODELL EARLIER, WE HAVE PASSED LEGISLATION BANNING THE USE OF
PESTICIDES IN PLAYGROUNDS, SO WE'VE DONE THIS BEFORE.
MR. MANKTELOW: YEAH, JUST BECAUSE WE'VE DONE
IT BEFORE DOESN'T MEAN IT'S THE BEST THINGS ALWAYS. SO, IN MY DISTRICT,
YOU KNOW, THERE'S 4,000-PLUS ACRES OF STATE LAND THAT I JUST DID A QUICK
SEARCH ON. IN MY DISTRICT ALONE, THERE'S 1,000 ACRES OR MORE THAT WE
USE FOR AG. SOME OF THOSE STATE LANDS ARE BLACK SOIL, MUCK SOIL AND
ROUNDUP IS VERY MUCH NEEDED IN THOSE -- THOSE SOILS. SO IF THIS PASSES,
WE'RE NOT GOING TO BE ABLE TO DO THAT AND WE'RE NOT GOING TO BE ABLE TO
FARM THAT LAND. SO, THIS IS --
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MS. ROSENTHAL: WELL, YOU WOULD BE ABLE TO FARM
THAT LAND, YOU WOULD NOT BE ABLE TO USE GLYPHOSATE. AND A POINT THAT I
WANT TO BRING OUT IS THAT THERE ARE MILLIONS OF DOLLARS IN SETTLEMENTS
THAT BAYER, WHICH PURCHASED ROUNDUP FROM MONSANTO, HAS HAD TO PAY
OUT.
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: IT WAS A CLASS ACTION SUIT. I DON'T
THINK NEW YORK STATE SHOULD BE HELD LIABLE IF ANYTHING HAPPENS TO
PEOPLE WHO WORK WITH ROUNDUP AND GLYPHOSATE, AS THAT HAPPENED TO
THAT POOR GROUNDSKEEPER IN CALIFORNIA.
MR. MANKTELOW: OKAY, SO WE'LL -- WE'LL SKIP --
MS. ROSENTHAL: SORRY, ONE MORE THING. THERE'S
A $10 BILLION SETTLEMENT FUND.
MR. MANKTELOW: SO, THE MONEY --
MS. ROSENTHAL: I DON'T THINK NEW YORK STATE
HAS $10 BILLION TO PUT IN A FUND RIGHT NOW.
MR. MANKTELOW: SO THE $10 BILLION MAKES IT
OKAY, THEN. OKAY. NEXT QUESTION --
MS. ROSENTHAL: NO, IT DOESN'T MAKE IT OKAY.
MR. MANKTELOW: HOW MANY FARMERS DID YOU
ACTUALLY TALK TO ABOUT THIS BILL?
MS. ROSENTHAL: I DON'T KNOW, MAYBE A FEW.
MR. MANKTELOW: WHERE WERE THEY FROM?
MS. ROSENTHAL: AS I SAID, THE GOAL IS TO PROTECT
THE PUBLIC FROM STATE-OWNED PARKS, FORESTS, CAMPGROUNDS AND
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RECREATIONAL AREAS TO PROTECT THE PEOPLE WHO USE THOSE AREAS FROM
HAVING TO BE EXPOSED TO GLYPHOSATE. IT IS A PROTECTIVE MEASURE FOR THE
PUBLIC.
MR. MANKTELOW: OKAY. BUT AS YOU JUST SAID
EARLIER, THAT IF THIS BILL PASSES, IT'S GOING TO ALSO INCLUDE THE AGRICULTURAL
PROPERTY THAT THE STATE OWNS IN NEW YORK STATE. THAT'S WHAT YOU SAID.
MS. ROSENTHAL: THIS BILL IS NOT JUST ABOUT ONE
SECTOR. IT'S ABOUT THE PUBLIC. IT'S PUBLIC LAND UNDER OUR PURVIEW.
MR. MANKTELOW: THEN CAN WE PUT THAT VERBIAGE
IN THERE THAT SAYS IT'S NOT FOR THE AG PART OF THE STATE?
MS. ROSENTHAL: NO, I -- NO ONE SAID THAT. I SAID
IT IS FOR THE PUBLIC USE.
MR. MANKTELOW: I UNDERSTAND THAT.
MS. ROSENTHAL: THEY ARE PUBLIC -- PUBLIC STATE
LANDS.
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: IF SOMEONE CHOOSES TO WORK ON
A PUBLIC PIECE OF PROPERTY, THEN THEY HAVE TO FOLLOW THE LAW. I'M SURE
THERE ARE MANY OTHER LAWS THAT THEY HAVE TO FOLLOW WHEN IT COMES TO
USAGE OF STATE LAND.
MR. MANKTELOW: OKAY. WE'LL MOVE ON THEN,
THANK YOU. THANK YOU, MADAM SPONSOR. HAVE YOU EVER LOOKED AT A
PESTICIDE LABEL?
MS. ROSENTHAL: YES, I HAVE.
MR. MANKTELOW: CAN YOU TELL ME WHAT'S ON
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ONE?
MS. ROSENTHAL: I DON'T HAVE ONE IN FRONT OF ME.
MR. MANKTELOW: WELL, I'LL GIVE YOU JUST A QUICK
EXAMPLE. I HAVE ONE HERE IN FRONT OF ME, AND IT'S ACTUALLY A ROUNDUP
LABEL. THE FIRST THING IS INGREDIENTS. SECOND THING IS IMPORTANT PHONE
NUMBERS. THIRD THING IS PRECAUTIONARY STATEMENTS. FOURTH THING IS
HAZARDS TO HUMANS AND DOMESTIC ANIMALS AND ON THIS LABEL IT SAYS,
"KEEP OUT OF THE REACH OF CHILDREN." THERE'S NO SKULL AND CROSSBONES
ON THIS LABEL. AND IF YOU GO UP TO THE NEXT SIDE OF THIS LABEL, IT TELLS
YOU HOW TO DEAL WITH YOUR EYES IF YOU GET IT ON THERE, OR ON YOUR SKIN,
AND IT SAYS, IN THIS LABEL, IS IT'S "RELATIVELY NON-TOXIC TO DOGS AND OTHER
DOMESTIC ANIMALS." THAT TO ME IS VERY IMPORTANT. AND THE NEXT THING
ON THAT LABEL IS THE PERSONAL PROTECTIVE EQUIPMENT, WHAT I, AS AN
APPLICATOR, HAVE TO WEAR. AND THAT IS JUST AS IMPORTANT TO ME, BECAUSE
AS A FARMER, I'VE APPLIED TENS OF THOUSANDS OF ACRES OF GLYPHOSATE TO MY
FARM OVER THE YEARS, PROBABLY FOR 40 YEARS. BUT I DID ADHERE TO THE
PPE, LIKE WE'RE DOING HERE WITH THE COVID AND, AT THIS POINT, I SEEM
TO BE FINE.
MS. ROSENTHAL: WELL, I HOPE YOU -- I HOPE YOU
STAY FINE, BUT I'D JUST LIKE TO POINT OUT THAT LEGISLATORS HAVE THE ABILITY TO
FOLLOW RECOMMENDATIONS OF EXPERTS WHO SAY IT'S A PROBABLE CARCINOGEN
AND IT HAS COST STATES MILLIONS UPON MILLIONS OF DOLLARS DEFENDING
LAWSUITS.
MR. MANKTELOW: OKAY. SO THAT'S A -- THAT'S A
GOOD POINT YOU JUST BROUGHT UP. IN 2018, AGRICULTURAL HOUSE STUDY, THE
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LARGEST STUDY OF GLYPHOSATE-BASED HERBICIDE SUPPORTED BY THE U.S.
NATIONAL CANCER INSTITUTE, FOLLOWED OVER 50,000 LICENSED PESTICIDE
APPLICATORS FOR 20 YEARS FROM 1997 TO 2017 AND FOUND NO ASSOCIATION
BETWEEN GLYPHOSATE USE AND CANCER RISK. FIFTY THOUSAND TESTS, 50,000
FARMERS THEY -- THEY FOLLOWED FOR 20 YEARS. I DID A LITTLE MORE RESEARCH.
IT'S VIRTUALLY NON-TOXIC TO MAMMALS, BIRDS, FISH, INSECTS; I'VE WITNESSED
THIS PERSONALLY. IT BREAKS DOWN QUICKLY INTO THE NATURAL MATERIALS SUCH
AS CARBON DIOXIDE AND NITROGEN, AND IT DOESN'T PENETRATE THE WOODY
STEMS OF TREES, SHRUBS AND GRAPEVINES. THAT'S JUST -- THAT'S JUST ONE
STUDY. AND I'VE REACHED OUT TO FARM BUREAU, THEY'RE IN OPPOSITION TO
THIS AND IT WILL, AGAIN, PUT OUR FARMERS AT A DISADVANTAGE HERE IN NEW
YORK STATE AGAIN WITH THE REST OF THE STATE AND PART OF THE COUNTRY, OR
SOME OF THE OTHER COUNTRIES. AND ALSO --
MS. ROSENTHAL: I THINK YOU'RE TRYING TO CREATE A
NARRATIVE AROUND THIS BILL THAT ACTUALLY DOESN'T EXIST. AND THE FACT THAT
THE POOR MAN DEVELOPED NON-HODGKIN'S LYMPHOMA AND DIED OF IT AND
WAS AWARDED MILLIONS OF DOLLARS MEANS THAT THAT IS A PROBLEM. AND THE
FACT IS THAT THERE ARE PLENTY OF EXPERTS THAT I TRUST, SCIENTIFIC EXPERTS,
WELL-ACCREDITED, NOT FLY-BY-NIGHT PEOPLE WHO SAY THAT IT IS A POTENTIAL
CANCER-CAUSING AGENT THAT ENDS UP IN WATER, SOIL AND THERE ARE OTHER
STUDIES, SO...
MR. MANKTELOW: OKAY. SO, I DIDN'T REALIZE THAT
THE U.S. CANCER INSTITUTE IS A FLY-BY-NIGHT, BUT I'LL GO ON.
MS. ROSENTHAL: I SAID IT'S NOT A FLY -- I DID NOT
SAY THAT. PLEASE DON'T PUT WORDS IN MY MOUTH.
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MR. MANKTELOW: WELL, DON'T PUT WORDS IN MY
MOUTH, MA'AM. BUT HERE WE GO. THE EPA, THE ENVIRONMENTAL
PROTECTION AGENCY, HAS THOROUGHLY EVALUATED POTENTIAL HUMAN HEALTH
RISKS ASSOCIATED WITH THE EXPOSURE TO GLYPHOSATE AND DETERMINED THAT
THERE IS NO RISK TO HUMAN HEALTH THROUGH THE CURRENT REGISTRATION USE OF
GLYPHOSATE, AND THAT GLYPHOSATE IS NOT LIKELY TO BE A CARCINOGEN TO
HUMANS. THAT'S THE EPA.
MS. ROSENTHAL: I EXPLAINED ALREADY ABOUT HOW
THE EPA WORKED HAND AND GLOVE WITH THE INDUSTRY TO SQUELCH A REPORT
THAT WOULD'VE REVEALED TOXIC IMPLICATIONS FOR USING ROUNDUP.
MR. MANKTELOW: ABSOLUTELY, AND THAT'S WHY WE
HAVE OUR LABELS AND THAT'S WHAT -- THAT'S WHAT THE LABELS ARE FOR. AND
IT'S REMARKABLE. THIS MORNING I WAS BRUSHING MY TEETH BEFORE I CAME
OVER AND I LOOKED AT MY TOOTHPASTE CONTAINER AND ON THERE IT SAYS,
WARNING, KEEP OUT OF THE REACH OF CHILDREN UNDER THE AGE OF
SIX-YEARS-OLD. AND, IF YOU ACCIDENTLY SWALLOW MORE THAN THE USE OF A
TOOTHBRUSH, CONTACT MEDICAL HELP OR THE POISON CONTROL CENTER. ARE
WE GOING TO OUTLAW TOOTHPASTE ON STATE PROPERTY, AS WELL, BECAUSE
THERE'S A RISK FOR A YOUNG PERSON?
MS. ROSENTHAL: IF YOU WANT TO, YOU CAN
INTRODUCE A BILL TO THAT EFFECT.
MR. MANKTELOW: OH, ABSOLUTELY NOT.
OKAY. WELL, I JUST WANT TO CLOSE OUT WITH ONE OTHER
PIECE HERE THAT I HAD PUT TOGETHER.
MS. ROSENTHAL: YOU KNOW, I'D LIKE TO SAY THAT
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THERE'S NO REASON FOR THE STATE TO TAKE A RISK THAT WOULD BOTH HARM IT
FINANCIALLY AND FISCALLY, WHICH WE CAN'T AFFORD, AND ALSO TAKE A RISK
WHEN OUR PUBLIC LANDS ARE USED BY PEOPLE WHO MIGHT GET SICK. WE
DON'T WANT THAT TO HAPPEN.
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: THIS IS ABOUT WEEDS. IT'S NO
EMERGENCY. IT'S ABOUT WEEDS.
MR. MANKTELOW: WELL, WEEDS IN AN AGRICULTURAL
FARM IS AN EMERGENCY, BECAUSE ANY WEEDS COST MONEY AND TAKE OVER
THE CROP; IT ABSOLUTELY IS. AND I'D BE GLAD TO BRING SOME FARMERS DOWN
AND LET YOU TALK WITH THEM. SO, JUST -- JUST ONE OF THE MEMORANDUMS
OF OPPOSITION WAS FROM THE DAIRY INDUSTRY. THIS SAYS, THE BILL WOULD
HAVE A DIRECT IMPACT ON PRODUCTION OF AGRICULTURE BY RESTRICTING
FARMER'S RENTING STATE LAND FROM APPLYING THIS IMPORTANT PESTICIDE. IN
ADDITION, THIS BILL WOULD CREATE A DANGEROUS PRECEDENT OF MANDATING
PESTICIDE USE POLICY THROUGH LEGISLATIVE ACTION, RATHER THAN DEFERRING
TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE
LEGALLY-CHARGED AGENCY FOR PESTICIDE REVIEW AND REGISTRATION HERE IN
NEW YORK STATE.
MS. ROSENTHAL: FARMERS DO HAVE OTHER OPTIONS
THAN STATE LAND AND WHEN YOU GO GET INTO A CONTRACT WITH THE STATE, YOU
HAVE TO FOLLOW STATE RULES.
MR. MANKTELOW: SO -- SO THIS WILL DEFINITELY
AFFECT THE FARMERS, AGAIN.
MS. ROSENTHAL: WELL, THAT'S WHAT YOU'RE SAYING,
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BUT WE HAVE BANDED IN -- WE HAVE BANNED PESTICIDES USE IN
PLAYGROUNDS --
MR. MANKTELOW: BUT THIS IS A --
MS. ROSENTHAL: YOU KNOW, THIS IS ALONG THE
SAME VEIN OF BEING PROTECTIVE OF OUR RESIDENTS AND OUR PARK USERS.
MR. MANKTELOW: OKAY. SO -- SO LAST YEAR ON
APRIL 30TH, 2019, WE PASSED A BILL HERE ON THIS FLOOR, A02477-B; ARE
YOU FAMILIAR WITH THAT?
MS. ROSENTHAL: I DON'T REMEMBER BILLS BY
NUMBER.
MR. MANKTELOW: THAT WAS THE CHLORPYRIFOS
BILL --
MS. ROSENTHAL: YES.
MR. MANKTELOW: -- THAT IS USED ON CORN,
SOYBEANS, FRUIT, NUT TREES, BRUSSEL SPROUTS, BROCCOLI, CAULIFLOWER, SEED
TREATMENTS, AS WELL AS OTHER ROW CROPS. NON-AGRICULTURAL USES INCLUDE
GOLF COURSES, TURF, GREENHOUSES AND NON-STRUCTURAL WOOD TREATMENTS,
SUCH AS UTILITY POLLS AND FENCE POSTS. SO, THERE WAS A VETO MESSAGE,
NO. 193, AND THIS IS WHAT CAME DOWN FROM OUR GOVERNOR: NEW YORK
STATE IS ONE OF THE FEW STATES IN THE COUNTRY THAT HAVE THE REGULATORY
PROGRAM DESIGNED SPECIFICALLY TO REVIEW AND REGISTER PESTICIDES,
IMPLEMENT REGULATIONS AND CONTROLS. THIS BILL - I'M TALKING ABOUT THE
BILL THAT WAS PASSED HERE ON THIS FLOOR, FROM THE LEGISLATORS - THIS BILL
BYPASSES THE RIGOROUS PROCESS AVAILABLE TO CHALLENGE AND APPROVE
PRODUCT AND SUBSTITUTE THE LEGISLATOR'S JUDGMENT FOR THE EXPERTISE OF
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CHEMISTS, HEALTH EXPERTS AND OTHER SUBJECT MATTER EXPERTS IN THIS FIELD.
AND THIS IS WHAT HIS -- I DO NOT AGREE THAT A PESTICIDE SHOULD BE
BANNED BY LEGISLATIVE DECREE. THIS IS FROM THE GOVERNOR'S OFFICE,
FROM THE GOVERNOR.
MS. ROSENTHAL: OKAY, OKAY. SO, I -- I HEAR YOU.
THIS ISN'T ABOUT CHLORPYRIFOS, FIRST OF ALL.
MR. MANKTELOW: PARDON ME? PARDON ME? I
DIDN'T HEAR THAT.
MS. ROSENTHAL: I SAID THIS IS NOT ABOUT THE
CHEMICAL YOU CITED, FIRST OF ALL. THIS IS NOT A BAN, AGAIN. THIS BILL CALLS
FOR PROHIBITING USE ON CERTAIN LANDS. IT IS NOT A BAN OF GLYPHOSATE AND
IT ONLY SAYS THE STATE SHOULDN'T BE BUYING IT OR APPLYING IT. IN ADDITION,
WE HAVE SEPARATE BRANCHES OF GOVERNMENT. WE PASS THE BILLS, THAT'S
OUR RESPONSIBILITY. THE GOVERNOR GETS TO WEIGH IN AFTER WE PASS IT. SO,
HE CAN HAVE HIS OPINION, WE'RE ALLOWED TO HAVE OURS.
ACTING SPEAKER AUBRY: SIR, YOUR TIME HAS
EXPIRED.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: YOU'RE QUITE
WELCOME.
MS. WOERNER.
MS. WOERNER: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. WOERNER: I PREFACE MY COLLEAGUE, MR.
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MANKTELOW, MADE A KEY POINT. WE ARE ONE OF TWO STATES IN THE UNITED
STATES THAT HAS ITS OWN DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
AND WE INVEST IN THAT AGENCY MILLIONS OF DOLLARS EVERY YEAR. THEY HIRE
SCIENTISTS, THEY HIRE ENGINEERS, AND THEIR RESPONSIBILITY, AS DELEGATED BY
THE EPA, IS TO REVIEW CHEMICALS AND THEIR IMPACT ON HUMAN HEALTH AND
TO DETERMINE LEGAL STANDARDS AND REGISTRATION FOR THOSE CHEMICALS. AND
OUR DEC HAS DETERMINED THAT GLYPHOSATE -- GLYPHOSATE IS A CHEMICAL
THAT CAN BE USED SAFELY IN AGRICULTURAL PRODUCTION.
THE TRUTH IS THE STATE OWNS A FAIR AMOUNT OF
AGRICULTURAL LAND. THIS LAND USED TO BE ASSOCIATED WITH INSTITUTIONS,
PRIMARILY PRISONS, AND THEY ARE NOW LEASED TO FARMERS AS PRODUCTIVE --
PRODUCTIVE LAND. THOSE FARMERS DEPEND ON BEING ABLE TO USE THE FULL
RANGE OF TOOLS AVAILABLE TO THEM TO MAXIMIZE THEIR INVESTMENT AND
THEIR CROP PRODUCTION. WE SHOULD NOT BE SECOND GUESSING THE
SCIENTISTS AND ENGINEERS THAT WE PAY FOR EACH AND EVERY YEAR. WE
SHOULD INVEST IN THEM THE RESPONSIBILITY TO DO AN ONGOING ANALYSIS EACH
AND EVERY YEAR TO MAKE SURE THAT THE STUDIES THAT ARE AVAILABLE ON THE
USE OF VARIOUS CHEMICALS ARE -- REMAIN -- OUR REGULATIONS REMAIN
UP-TO-DATE WITH THE SCIENCE.
THIS REALLY IS NOT THE POSITION OF THE LEGISLATURE TO
SUBSTITUTE OUR JUDGMENT FOR THAT OF THE EXPERTS. I WILL BE VOTING IN
OPPOSITION TO THIS AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. GLICK.
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MS. GLICK: WE ARE NOT INDIVIDUALLY SUBSTITUTING
OUR OWN BELIEFS OR READING, BUT WE ARE SUBSTITUTING THE CONSIDERABLE
KNOWLEDGE AND EXPERTISE OF ALMOST TWO DOZEN COUNTRIES WHERE THEIR
EXPERTS HAVE DECIDED TO ERR ON THE SIDE OF CAUTION. IN ADDITION,
GLYPHOSATE IS DECIDEDLY, IN ITS WIDE APPLICATION, DANGEROUS TO
POLLINATORS, WHICH ARE SUFFERING FROM A WIDE RANGE OF THREATS. WE
SHOULD NOT BE ADDING TO IT.
IN ADDITION, WE DON'T PUT IT ON PLAYGROUNDS, BUT STATE
PARKS, IN GENERAL, PEOPLE TAKE HIKES, PEOPLE CAMP, PEOPLE COULD BE,
YOU KNOW, SLEEPING ON GROUND OR PLAYING FRISBEE OR A CATCH UP GAME OF
FOOTBALL - NOT NOW WHEN WE ARE IN THE MIDDLE OF A PANDEMIC, BUT AT
SOME POINT WE ALL HOPE TO BE ABLE TO GET BACK OUT THERE AND ENGAGE IN
THESE KIND OF ACTIVITIES IN OUR STATE PARKS.
THE FACT THAT THE STATE GOVERNMENT MIGHT CONCEIVABLY
HAVE SOME UNDUE INFLUENCE FROM INDUSTRY; WELL, IT'S VERY POSSIBLE. BUT
WE ARE LOOKING AT OTHER PLACES. AND THERE ARE RETAILERS THAT HAVE
LOOKED AT THE DANGER AND HAVE DECIDED THEY DON'T WANT TO PARTICIPATE IN
BEING PART OF THAT CHAIN OF SELLING THESE PESTICIDES, INCLUDING
SOMETHING -- SOMEONE LIKE AN ORGANIZATION LIKE COSTCO, WHICH IS VERY
WIDESPREAD ACROSS THE STATE. THEY ARE WITHDRAWING THEIR SALES OF THIS
MATERIAL, AS ARE SEVERAL OTHERS.
AND I APPRECIATE THAT THE STATE DEC HAS REVIEWED THIS
AND SAID IT WAS FINE FOR AGRICULTURAL USE. AND THAT MAY OR MAY NOT BE
OKAY, BUT ON OUR STATE LANDS, AND IF THERE ARE LANDS THAT HAVE BEEN
TURNED OVER FOR PRODUCTION OF FOOD, AGAIN, WE SEE INCREASED INCIDENTS
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OF VARIOUS KINDS OF CANCERS AND OTHER KINDS OF AILMENTS THAT HAVE TO DO
WITH THE DISRUPTION OF OUR BODY CHEMISTRY. AND THESE CHEMICALS ARE
NOT NECESSARILY SAFE, EVEN IF OUR DEC HAS - AND THE EPA, INCREASINGLY
PROBLEMATIC - HAS DECIDED IT'S NOT GOING TO TAKE A STAND AGAINST THIS.
BUT MY CONCERN IS THE POLLINATORS THAT ARE STRESSED.
THE CHANGE IN CLIMATE IS CHANGING THE ABILITY OF OUR FORESTS TO STAY
HEALTHY. WE SEE MORE INVASIVE CREATURES AND WE CANNOT POISON
OURSELVES OUT OF THIS. SO, I THANK THE SPONSOR FOR BRINGING THIS FORWARD
AND I'M GOING TO VERY HAPPILY SUPPORT IT.
ACTING SPEAKER AUBRY: MR. TAGUE.
MR. TAGUE: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. TAGUE: ALWAYS GREAT TO SEE YOU.
ACTING SPEAKER AUBRY: ALWAYS GOOD TO SEE
YOU.
MR. TAGUE: LISTEN, I'M GOING TO BE VERY BRIEF.
AND I ACTUALLY APPRECIATE THE THOUGHTFULNESS THAT THE SPONSOR HAS FOR
THIS BILL, BUT, AGAIN, THIS IS ONE OF THOSE BILLS THAT ONE SHOE FITS ALL, A BILL
THAT IS NOT GOING TO WORK IN RURAL UPSTATE NEW YORK, ESPECIALLY IN OUR
FARMING COMMUNITIES. YOU KNOW, TO BE QUIET SIMPLE, WE CONTINUE ON
THIS TRACK, NO FARMS, NO FOOD. AND I THINK PEOPLE FORGET THAT. THE
FOLKS THAT USE AND APPLY THESE PESTICIDES ARE VERY WELL-TRAINED,
UNDERSTAND HOW TO USE THEM. THE SECOND THING IS TO APPLY THESE
MANUALLY WITH THE ACREAGE THAT'S USED ON THE CROPS, JUST CAN'T DO IT THAT
WAY. AND IF YOU WERE SOMEBODY FROM RURAL UPSTATE NEW YORK THAT
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UNDERSTANDS THE AGRICULTURE INDUSTRY, YOU WOULD KNOW THAT.
I WOULD SUGGEST THAT THE SPONSOR OF THIS BILL GO BACK
TO THE DRAWING BOARD. I HAVE NO PROBLEM WITH PARKS AND -- AND PICNIC
AREAS AND STUFF OF THAT NATURE, NOT USING THESE PRODUCTS, BUT TO NOT USE
ON AREAS LIKE SUNY COBLESKILL, SUNY MORRISVILLE, PLACES WHERE
WE'RE ACTUALLY TEACHING OUR YOUNG HOW TO USE THESE TYPES OF
APPLICATIONS RESPONSIBLY AND IN THE RIGHT WAY I THINK IS JUST WRONG.
SO WITH THAT, OF COURSE, I WILL BE IN THE NEGATIVE ON
THIS, AND WOULD BE HAPPY TO WORK WITH THE SPONSOR, AS I'M ALSO A
MEMBER OF THE EN CON COMMITTEE, WOULD BE HAPPY TO WORK WITH THE
SPONSOR ON A BILL THAT I THINK EVERYONE WOULD ACCEPT AND APPRECIATE,
BUT PLEASE, PLEASE LEAVE OUR FARMERS ALONE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. JONES.
MR. JONES: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES, I WILL.
ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS.
MR. JONES: HI, LINDA. JUST A QUESTION. I MISSED
PART OF THE BEGINNING OF THE -- OF THE CONVERSATION, I DO APOLOGIZE. THE
ADIRONDACK PARK WAS MENTIONED. COULD YOU CLARIFY SOMETHING FOR ME
THERE, AND I -- AND I BELIEVE IN BETWEEN LISTENING TO IT, DOES THIS COVER
THE ENTIRE PARK? WE HAVE TO REALIZE THE ADIRONDACK PARK IS SIX MILLION
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ACRES, AND THERE'S A LOT OF PRIVATE LANDS ON THERE, AS WELL, OVER HALF OF IT
IS PRIVATE LANDS AND PRIVATE PROPERTY. COULD YOU CLARIFY WHAT THAT
COVERS IN THE ADIRONDACK STATE PARK?
MS. ROSENTHAL: SURE. NOT PRIVATE LAND, ONLY
PUBLIC LAND.
MR. JONES: OKAY. SO THAT'S CLEARLY DEFINED IN THE
LEGISLATION.
MS. ROSENTHAL: YES.
MR. JONES: OKAY. THANK YOU.
MS. ROSENTHAL: YOU'RE WELCOME.
MR. JONES: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
JONES.
MR. JONES: I HAVE TO AGREE WITH -- WITH A LOT OF MY
COLLEAGUES THAT HAVE SPOKEN HERE TODAY. I CERTAINLY UNDERSTAND THE
INTENT OF THIS BILL AND I -- AND I -- AND, QUITE FRANKLY, I AGREE WITH THE
INTENT OF THIS BILL TO KEEP DANGEROUS SUBSTANCES AWAY FROM OUR PARKS,
BUT WE ARE DEALING WITH A BROADER ISSUE HERE, AND WE ARE DEALING WITH
THE AGRICULTURAL INDUSTRY, AS WELL. AND I REALLY ENCOURAGE THE SPONSOR
TO WORK -- TO WORK WITH PEOPLE IN THE AGRICULTURAL COMMUNITY AND
COLLEAGUES THAT HAVE SPOKEN UP AGAINST THIS, BECAUSE I THINK THERE CAN
BE A REASONABLE SOLUTION TO THIS. BUT THIS BILL IS TOO SWEEPING IN
MANNER, IT REALLY IS. AND, ONCE AGAIN, IT HURTS OUR AGRICULTURAL INDUSTRY
AND IT -- AND IT PUTS OUR FARMERS AT A DISADVANTAGE TO OTHER PLACES IN
THIS COUNTRY. I CERTAINLY UNDERSTAND THE INTENT OF IT, BUT, PLEASE, WE CAN
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NYS ASSEMBLY JULY 22, 2020
DO BETTER THAN THIS, WE CAN WORK ON THIS - AND I WOULD BE WILLING TO
WORK ON THAT, AS WELL. THAT, FOR MANY OTHER REASONS, WILL BE WHY I'M
VOTING IN THE NEGATIVE. THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. SMULLEN.
MR. SMULLEN: MR. SPEAKER, WOULD THE SPONSOR
YIELD FOR A FEW MORE QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MR. SMULLEN ASKS
MS. ROSENTHAL TO YIELD. WILL YOU YIELD, MA'AM?
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS.
MR. SMULLEN: THANK YOU VERY MUCH, MR.
SPEAKER. THANK YOU, MS. ROSENTHAL. THIS BILL, AS IT'S WRITTEN, WOULD IT
APPLY TO STATE HIGHWAYS WHERE THE STATE OWNS THE PROPERTY NOT JUST
THE RIGHT-OF-WAY?
MS. ROSENTHAL: STATE-OWNED LAND --
MR. SMULLEN: SO YOU'RE SAYING ALL --
MS. ROSENTHAL: -- INCLUDING STATE PARKS, FORESTS,
CERTAIN CAMPGROUNDS AND RECREATIONAL FACILITIES.
MR. SMULLEN: AND WOULD THAT INCLUDE ALL THE
STATE HIGHWAYS, SUCH AS THE NEW YORK STATE THRUWAY?
MS. ROSENTHAL: I BELIEVE IT WOULD, YES.
MR. SMULLEN: IT WOULD INCLUDE ALL STATE
HIGHWAYS, AS WELL AS THE NEW YORK STATE THRUWAY. HAVE YOU DONE A
CARBON ANALYSIS BETWEEN WHAT IT WOULD COST -- SO, SAYING THAT WE
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WOULD NOT BE ABLE TO USE GLYPHOSATE FOR ROADSIDE VEGETATION CONTROL,
DO YOU KNOW HOW MANY GALLONS ARE -- ARE USED EACH YEAR IN NEW YORK
STATE BY THE DEPARTMENT OF TRANSPORTATION?
MS. ROSENTHAL: I DON'T HAVE THOSE AT MY
FINGERTIPS, BUT AS I SAID, THERE ARE PLENTY OF ALTERNATIVES THAT
ACCOMPLISH THE SAME GOAL.
MR. SMULLEN: SO ONE OF THE ALTERNATIVES THAT YOU
MENTIONED WAS MECHANICALLY REMOVING VEGETATION.
MS. ROSENTHAL: IT WAS -- YEAH.
MR. SMULLEN: THERE IS ALSO A -- A VERY SIGNIFICANT
ROADSIDE VEGETATION MANAGEMENT PROGRAM THAT USES TRACTORS TO MOW
GRASS AND TO BE ABLE TO MOW THE MEDIANS OF OUR STATE HIGHWAYS. SO,
WITHOUT USING GLYPHOSATE, YOU WOULD HAVE TO RELY EXCLUSIVELY ON
MECHANICAL VEGETATIVE CONTROL?
MS. ROSENTHAL: CAN YOU REPEAT THAT LAST PART?
MR. SMULLEN: WITHOUT USING ANY CHEMICALS, YOU
WOULD HAVE TO USE -- THE DEPARTMENT OF TRANSPORTATION WOULD HAVE TO
RELY ON MECHANICAL VEGETATION CONTROL EXCLUSIVELY?
MS. ROSENTHAL: THEY CAN USE OTHER SUBSTANCES
THAT ARE NOT -- THAT DON'T CONTAIN GLYPHOSATE.
MR. SMULLEN: WHAT OTHER SUBSTANCES WOULD YOU
RECOMMEND THAT THE DEPARTMENT OF TRANSPORTATION ANALYZE TO BE ABLE
TO DO VEGETATION CONTROL ALONG STATE HIGHWAYS, RAILROADS, ANY OF THE
AREAS WHERE THE STATE HAS JURISDICTION OVER THOSE ROUTINE MAINTENANCE
TASKS?
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MS. ROSENTHAL: YOU KNOW, IT'S -- IT'S NOT CLEAR
THAT THEY USE GLYPHOSATE NOW, AND MANY COMMUNITIES DON'T DO IT.
MOWING -- MOWING IS -- IS -- IS FINE, BUT COUNTRIES AND STATES HAVE
MANAGED TO CONTROL WEEDS WITHOUT THE USE OF GLYPHOSATE, AND TO
PROTECT THE STATE'S COIFFURES AND TO PROTECT PUBLIC HEALTH, THIS IS A VERY
COMMONSENSE PROPOSAL WHEN THERE ARE ALTERNATIVES THAT CAN DO THE JOB,
AS WELL.
MR. SMULLEN: THANK YOU VERY MUCH, MRS. [SIC]
ROSENTHAL.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
SMULLEN.
MR. SMULLEN: I THINK IT'S VERY IMPORTANT TO
RECOGNIZE THAT MECHANICAL VEGETATION CONTROL IS -- IS VERY BOTH MAN
POWER AND RESOURCE INTENSIVE. IT HAS A BIG CARBON FOOTPRINT, AND THAT'S
WHY -- WHERE THE TRADEOFF COMES BETWEEN USING CHEMICALS AND USING
TRACTORS WITH DIESEL FUEL TO BE ABLE TO MAINTAIN OUR STATE'S HIGHWAYS
AND ROADWAYS AND CANALWAYS AND THE VARIOUS AREAS THAT THIS BILL WOULD
PROHIBIT A COMMONSENSE USE OF A CHEMICAL TO BE ABLE TO KEEP OUR
TRANSPORTATION NETWORKS GOING. SO FOR THAT REASON, ALONG WITH THE
AGRICULTURAL REASONS THAT MY COLLEAGUES POINTED OUT, I WILL BE VOTING
AGAINST THIS BILL BECAUSE IT HASN'T ADEQUATELY EXAMINED ALL OF THE
TRADEOFFS BETWEEN COST AND BENEFIT BETWEEN USING GLYPHOSATE AND THE
OTHER ALTERNATIVES THAT HAVE BEEN (UNINTELLIGIBLE/MIC PROBLEM) HERE AS
ALTERNATIVES.
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SO, WITHOUT THE EPA AND THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION WEIGHING IN, I WOULD BE VOTING NO IN
ORDER TO PRESERVE OUR COMPETITIVE ADVANTAGE IN THE AGRICULTURE SECTOR.
WE DON'T NEED MORE JOB KILLING REGULATIONS IN NEW YORK, AND OUR --
OUR POSITION IN NEW YORK IS A GREAT PLACE IN WHICH TO DO BUSINESS AND
COMMERCE ALONG OUR HIGHWAYS AND OUR BYWAYS, OUR ROADWAYS, OUR
RAILWAYS. FOR THOSE REASONS, I'LL BE VOTING NO FOR THIS BILL. THANK YOU
VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH.
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 DECEMBER
31ST, 2021.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 220. THIS IS A PARTY VOTE. ANY MEMBER
WISHING 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, SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE IN GENERAL AND IF THERE'S
A MEMBER WHO WOULD LIKE TO VOTE IN THE AFFIRMATIVE, PLEASE CONTACT THE
MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SO NOTED.
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MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS A PARTY VOTE IN THE AFFIRMATIVE. CLEARLY, WE HAVE TWO
MEMBERS IN THE CHAMBERS WHO HAVE ALREADY STATED THEIR OPPOSITION,
BUT IF THERE ARE OTHERS, PLEASE FEEL FREE TO CONTACT THE OFFICE AND WE'LL
MAKE SURE YOUR VOTE IS RECORDED.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, MRS. PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. MANKTELOW TO EXPLAIN HIS VOTE.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. AS I
LISTENED HERE JUST A LITTLE WHILE AGO TO MY COLLEAGUES AND OTHER
COLLEAGUES THAT HAVE SPOKEN TO ME, WE, AS AMERICAN FARMERS AND NEW
YORK FARMERS, DO OUR VERY BEST TO PROTECT OUR ENVIRONMENT, TO PROTECT
THE PEOPLE THAT WE WORK WITH, THAT WORK ON OUR FARMS, OUR CHILDREN,
OUR FAMILIES AND RIGHT NOW AND TODAY WITH WHAT WE HAVE GOING ON WITH
COVID AND EVERY OTHER ASPECT OF THE HARDSHIPS THAT WE'RE FACING AS
NEW YORKERS, THIS BILL COULD WAIT. THIS BILL DOES NOT NEED TO GO
FORWARD. I ABSOLUTELY AGREE WITH THE SPONSOR ABOUT, YOU KNOW,
LOOKING AT THE PARKS AND LOOKING AT OTHER ALTERNATIVES THERE, BUT
AGRICULTURE IS NOT THE TIME TO DO THAT NOW. AND I ASK MY COLLEAGUES TO
VOTE NO ON THIS. LET'S GO BACK TO THE TABLE, LET'S NOT PASS ANOTHER BILL
AND THEN WE'LL FIX IT LATER. OR LET'S NOT PASS A BILL THAT WILL OPEN THIS UP
TO SOMETHING EVEN WORSE DOWN THE ROAD. LET'S TAKE OUR TIME AND VOTE
NO AND LET US GROW AND LET US DO WHAT WE NEED TO DO. PLEASE, COME OUT
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AND SEE OUR FARMS, COME OUT AND SEE US AND SEE WHAT WE DO AND SEE
HOW SAFE WE REALLY ARE.
SO, I'M ASKING MY COLLEAGUES, MY FRIENDS HERE TO SAY
NO TO THIS BILL, NOT FOR ME, BUT FOR THE PEOPLE THAT WE REPRESENT BACK
HOME, THE PEOPLE THAT WE REPRESENT AS FARMERS AND AGRICULTURAL
PRODUCERS. WE NEED TO WORK TOGETHER. WE NEED TO START DOING THIS
REGION BY REGION, NOT A BLANKET PIECE OF LEGISLATION FOR THE WHOLE STATE.
WE CONTINUE TO PUSH THIS. WE NEED TO GROW TOGETHER AND I ASK THAT WE
VOTE THIS DOWN TODAY. AND I WILL BE VOTING IN THE NEGATIVE. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO EXPLAIN MY VOTE. I WOULD SIMPLY POINT OUT THAT THERE IS A
GROWING MOVEMENT ACROSS THE COUNTRY FOR ORGANIC FOODS, AND -- AND
FIBERS. AND SO, ORGANIC FARMING IS GAINING A FOOTHOLD AND THERE ARE
MORE AND MORE PEOPLE INTERESTED AND CONCERNED ABOUT WHAT IS IN THE
FOOD THEY ARE EATING. AND SO, AT FARMER'S MARKETS, PEOPLE IN MY
COMMUNITY CERTAINLY GET TO KNOW THE FARMERS WHO COME TO THE
FARMER'S MARKETS, AND THEY ARE ATTRACTED TO THOSE FARMERS WHO ARE
ENGAGED IN ORGANIC FARMING, AND PEOPLE WANT TO KNOW THAT THE FOOD
THAT THEY ARE EATING HAS NOT BEEN GROWN WITHIN PESTICIDE-LADENED SOILS.
AND, AGAIN, WE HAVE TO ENSURE -- YOU KNOW, WE KILL
THE BEES, WE MIGHT AS WELL PACK IT IN BECAUSE NO BEES, NO FOOD.
EINSTEIN SAID THAT A COUPLE OF GENERATIONS AGO AND WE HAVE NOT HEEDED
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NYS ASSEMBLY JULY 22, 2020
THAT MESSAGE. SO WE NEED TO BE HEADING TO LESS POISON IN OUR
ENVIRONMENT. WITH -- I WITHDRAW MY REQUEST AND VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
MR. DINOWITZ.
MR. DINOWITZ: THANK YOU. TO EXPLAIN MY VOTE.
FIRST, I WANT TO THANK THE SPONSOR. I HAVE TO ADMIT, I WAS NOT AN EXPERT
OR ANYTHING APPROACHING THAT ON THIS ISSUE OR THIS CHEMICAL UNTIL THE
SPONSOR BROUGHT THIS TO LIGHT, FOR ME, AND WE SHOULD BE DOING
EVERYTHING WE CAN, ESPECIALLY NOW IN THE TIME THAT -- TIMES THAT WE'RE
IN RIGHT NOW TO PROTECT THE HEALTH AND SAFETY OF ALL OF US, PARTICULARLY
OUR CHILDREN. THE INTERNATIONAL AGENCY FOR RESEARCH ON CANCER HAS
DECLARED THIS A POSSIBLE -- A PROBABLE HUMAN CARCINOGEN, AND OTHER
COUNTRIES HAVE RECOGNIZED THIS, AS WELL. WHY ARE WE EVEN HESITATING
ON THIS? WE CANNOT TAKE A CHANCE ON HAVING ANYTHING THAT'S HARMFUL TO
PEOPLE IN OUR ENVIRONMENT, AND I THINK ESPECIALLY NOW, THIS BILL IS
RELEVANT AND IT'S ALSO A VERY -- OF LIMITED NATURE. I MEAN, IT'S ONLY
DEALING WITH STATE PROPERTY. IT'S NOT DEALING WITH EVERY PIECE OF LAND
ACROSS THE STATE. SO I WOULD URGE EVERYBODY TO VOTE YES, AND I VOTE
YES ON THIS EXCELLENT LEGISLATION.
ACTING SPEAKER AUBRY: MR. DINOWITZ IN THE
AFFIRMATIVE.
MR. RODRIGUEZ.
MR. RODRIGUEZ: THANK YOU, MR. SPEAKER, FOR THE
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NYS ASSEMBLY JULY 22, 2020
OPPORTUNITY TO EXPLAIN MY VOTE. AND I CERTAINLY APPRECIATE THE
COMMENTS THAT HAVE BEEN MADE, BUT I THINK THERE'S A GROWING BODY OF
SCIENTIFIC EVIDENCE THAT DEMONSTRATES THAT THIS IS A POTENTIALLY HARMFUL
AND CARCINOGENIC SUBSTANCE, ONE THAT SHOULD NOT BE IN PLAYGROUNDS OR
STATE PARKS AND, YOU KNOW, AS A DAD OF TWO YOUNG CHILDREN, ONE WHO IS
SEVEN AND ONE WHO IS THREE, WE RECOGNIZE HOW IMPORTANT THOSE STATE
PARKS ARE AND, MORE IMPORTANTLY, HOW THE SAFETY OF THESE PARKS ARE
PARAMOUNT, ESPECIALLY WHEN WE HAVE CHOICES AND ALTERNATIVE WITH
RESPECT TO GLYPHOSATE. SO, I THINK IT'S IMPORTANT THAT -- THAT WE LOOK AT
THOSE AND EXPLORE THOSE ALTERNATIVES. WE'VE SPOKEN ABOUT THE BENEFITS
OF ORGANIC -- OF THE ORGANIC MOVEMENT TO AGRICULTURE AND, JUST TO
REITERATE, THIS IS NOT ABOUT AGRICULTURE, NOR DOES IT SAY THAT PRIVATE, YOU
KNOW, FARMS CAN'T USE THIS SUBSTANCE; ON THE CONTRARY, IT SAYS AT STATE
PROPERTY, YOU KNOW, AND STATE FACILITIES IT'S PROHIBITED TO BE USED.
SO, I THINK THAT FOCUS NARROWS IT, YOU KNOW, TO A SCOPE
THAT IS, I THINK, SPECIFIC ENOUGH TO THE STATE AND TO STATE -- TO BENEFIT
STATE PARKS TO WARRANT US TAKING THIS ACTION NOW AND, YOU KNOW, I
ENCOURAGE MY COLLEAGUES TO DO THE SAME AND I THANK THE SPONSOR FOR
HER WORK ON THIS BILL.
ACTING SPEAKER AUBRY: MR. RODRIGUEZ IN THE
AFFIRMATIVE.
MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I RISE TO
SUPPORT THIS LEGISLATION. WE ARE MAKING A POLICY DETERMINATION AS TO
HOW OUR STATE LANDS SHOULD BE USED. THAT IS WITHIN OUR PURVIEW. WE
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NYS ASSEMBLY JULY 22, 2020
ARE STATING THAT WE ARE VERY CONCERNED THAT THERE IS A GROWING
CONSENSUS THAT GLYPHOSATE IS A PROBABLE CARCINOGEN AND, THEREFORE, WE
WANT TO MAKE SURE THAT IT IS NOT BEING USED WHERE PEOPLE OF THE STATE
OF NEW YORK ARE GOING TO GO AND POSSIBLY BE EXPOSED TO IT. THE
OWNER OF THIS PRODUCT IS NOW SETTLING LAWSUITS; THAT'S AN ADMISSION THAT
THERE IS A PROBLEM HERE. WE SHOULD BE ALERT TO THAT. THERE ARE MANY
COUNTRIES AROUND THE WORLD THAT ARE WAY AHEAD OF US, THAT HAVE BANNED
THE USE OF GLYPHOSATE. THE FACT THAT SOME OF THE FARMERS HAVE BEEN
APPLYING THIS WITHOUT ANY DANGER TO THEMSELVES BECAUSE THEY'RE USING
PERSONAL PROTECTIVE EQUIPMENT DOES NOT MAKE ME FEEL BETTER. IT
MAKES ME BE VERY CONCERNED THAT THEY NEED TO USE PPES TO PROPERLY
APPLY THIS PRODUCT.
I DON'T WANT TO BE NEAR WHERE IT'S USED. I DON'T THINK
WE SHOULD ALLOW THE CITIZENS OF THE STATE OF NEW YORK TO BE NEAR
WHERE IT'S USED. I AGREE WITH THE SPONSOR, WE SHOULD NOT BE POSSIBLY
SUBJECTING THE STATE OF NEW YORK TO LIABILITY BY NOT TAKING THIS ACTION,
AND I'M NOT SURE HOW EFFECTIVE IT'S TURNING OUT TO BE. THERE'S ALSO SOME
EVIDENCE THAT THERE'S AN EMERGENCE OF GLYPHOSATE-RESISTANT WEEDS, AND
IT'S BECOMING VERY COSTLY TO REMOVE THOSE WEEDS. SO, THERE ARE MANY
REASONS WHY THIS IS GOOD LEGISLATION AND I SUPPORT IT AND WILL VOTE IN
THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
MS. GRIFFIN.
MS. GRIFFIN: HELLO, THANK YOU FOR ALLOWING ME TO
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NYS ASSEMBLY JULY 22, 2020
EXPLAIN MY VOTE. I STAND IN SUPPORT OF THIS LEGISLATION AND I COMMEND
THE SPONSOR. THIS IS A REALLY IMPORTANT PIECE OF LEGISLATION. I AM A
PROUD SPONSOR OF IT BECAUSE THIS ISN'T NEW. THIS IS A KNOWN TOXIN AND
IT'S BEEN KNOWN FOR MANY, MANY YEARS. AND IF WE, IN NEW YORK STATE,
CAN DO THINGS TO HELP HAVE OUR PARKS AND ANY STATE LANDS BE SAFE, THEN
WE SHOULD DO THAT. AND I THINK THERE ARE MANY ALTERNATIVES SO IT IS
UNFORTUNATE FOR ANY FARMERS ON STATE LAND, BUT PERHAPS THIS WILL BE AN
OPPORTUNITY FOR THOSE FARMERS TO LOOK AT SOME OTHER PRODUCTS, OTHER
ALTERNATIVES SO THEY CAN KEEP FARMING. BUT I KNOW AS SOMEONE WHO
PURCHASES FRESH VEGETABLES, I PREFER TO PURCHASE THEM WITHOUT BEING --
THIS PRODUCT BEING USED IN IT. AND I THINK THIS IS A STEP IN THE RIGHT
DIRECTION FOR NEW YORK STATE. THANK YOU FOR ALLOWING ME TO EXPLAIN
MY VOTE.
ACTING SPEAKER AUBRY: CERTAINLY. MS.
GRIFFIN IN THE AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICAN MEMBERS VOTING IN THE AFFIRMATIVE: MS.
MALLIOTAKIS, MS. MILLER, MR. DESTEFANO AND MR. MONTESANO. NO
RELATION TO THE COMPANY.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
MR. PRETLOW.
MR. PRETLOW: YES, MR. SPEAKER. ON THE
DEMOCRATIC SIDE, WE HAVE THE FOLLOWING EXCEPTIONS: MS. LUPARDO,
MR. STIRPE, MRS. GUNTHER, MR. MCDONALD AND MS. BUTTENSCHON.
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NYS ASSEMBLY JULY 22, 2020
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, SIR.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
ON A MOTION BY MRS. PEOPLES-STOKES, THE B-CALENDAR
IS ADVANCED.
SPEAKER HEASTIE: SO, WE ARE ABOUT TO -- WE'RE
GOING TO MOVE ON TWO BILLS THAT RECOGNIZE TWO IMPORTANT DATES IN
AFRICAN-AMERICAN HISTORY. THE FIRST IS LEGISLATION BY
ASSEMBLYMEMBER GARY PRETLOW THAT RECOGNIZES THE ABOLITION
COMMEMORATION DATE, WHICH WILL BE THE SECOND MONDAY IN JULY. IT
COMMEMORATES THE ABOLITION ACT WITH END -- WHICH ENDED SLAVERY IN
NEW YORK STATE. IT PASSED THE LEGISLATURE MARCH 31ST, 1817, AND
ABOLISHED SLAVERY EFFECTIVE JULY 4TH, 1827. SLAVERY IS OFTEN, TOO,
REMEMBERED AS THE LEGACY OF THE SOUTH, BUT NEW YORK HAS ITS OWN
DARK HISTORY WITH THE -- WITH THE INSTITUTION. AT WHAT -- AT ONE POINT,
20 PERCENT OF NEW YORK CITY'S POPULATION WERE SLAVES.
ABOLITION COMMEMORATION DAY ALSO HONORS NEW
YORK'S ABOLITIONIST HISTORY. HARRIET TUBMAN AND THE UNDERGROUND
RAILROAD; FREDERICK DOUGLASS AND THE NORTH STAR, PUBLISHED IN
ROCHESTER; FREEDOM'S JOURNAL, THE FIRST AFRICAN-AMERICAN NEWSPAPER
PUBLISHED IN THE U.S. BY JOHN RUSSWURM AND SAMUEL CORNISH.
AND I ALSO WANT TO WANT TO GIVE A -- A PARTICULAR
SHOUTOUT TO MS. BESSIE JACKSON, SHE IS THE DIRECTOR OF THE ASSOCIATION
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FOR THE STUDY OF AFRICAN-AMERICAN LIFE AND HISTORY, A LONGTIME PUBLIC
SCHOOLTEACHER, A CONSTITUENT OF MINE WHO IS 94 YEARS YOUNG WHO HAS
FOUGHT FOR YEARS TO MAKE THIS REALITY. SHE FIRST CAME TO ME WITH THIS
PASSIONATE ADVOCACY IN 2004. SO, I KNOW MS. JACKSON IS WATCHING AND
I HOPE SHE FEELS THAT THE WORK THAT SHE HAS PUT IN FOR THE LAST 16 YEARS
HAS COME TO FRUITION. AND THIS IS GOING TO ENSURE THAT THE FULL,
UNCOMPROMISED HISTORY OF OUR STATE IS TAUGHT AND REMEMBERED.
AND THEN WE HAVE LEGISLATION BY ASSEMBLYWOMAN
ALICIA HYNDMAN THAT MAKES JUNETEENTH A PUBLIC HOLIDAY. WHEN
PRESIDENT LINCOLN ISSUED THE EMANCIPATION PROCLAMATION ON
SEPTEMBER 22ND, 1862, AND WHICH WAS TO TAKE EFFECT ON JANUARY 1ST,
1863, PEOPLE THOUGHT THAT THAT WAS THE END OF SLAVERY IN REGARDS TO THE
UNITED STATES. BUT THE IMPORTANCE OF JUNETEENTH IS THAT IT -- ON JUNE
19TH IN 1865, UNION GENERAL GORDON GRANGER AND FEDERAL TROOPS
ARRIVED IN GALVESTON, TRANSPARENCY, AND TOOK CONTROL OF THE STATE AND
ENFORCED THE EMANCIPATION PROCLAMATION, WHICH FINALLY RIDDED THE
COUNTRY OF SLAVERY. IT'S A COMMEMORATION OF BLACK AND
AFRICAN-AMERICAN FREEDOM AND -- AND ACHIEVEMENTS. TOO OFTEN BLACK
AND AFRICAN-AMERICAN HISTORY IS OVERLOOKED, WHITEWASHED AND
RELEGATED TO THE CONFINES OF A SINGLE MONTH. BY RECOGNIZING ABOLITION
COMMEMORATION DAY AND JUNETEENTH, WE REMEMBER THE HORRIFIC
LEGACY OF SLAVERY IN OUR COUNTRY AND OUR STATE, AND WE HONOR THE
STRUGGLES OF AFRICAN-AMERICANS AND OUR ANCESTRY. AND WE CELEBRATE
THOSE THAT FOUGHT FOR ABOLITION AND FREEDOM, AND RECOGNITION OF OUR
HISTORY.
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MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
NOW GO TO RULES REPORT NO. 212, IT'S ON THE MAIN CALENDAR, AND
IMMEDIATELY FOLLOWING THAT, WE'LL GO TO RULES REPORT NO. 348, THAT'S
ON THE MAIN CALENDAR, AS WELL.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10628, RULES REPORT
NO. 212, COMMITTEE ON RULES (HYNDMAN, SIMOTAS, PERRY, LUPARDO,
SCHMITT, BUCHWALD RODRIGUEZ, REYES, BARRON). AN ACT TO AMEND THE
GENERAL -- THE GENERAL CONSTRUCTION LAW, IN RELATION TO DESIGNATING
JUNE NINETEENTH AS A PUBLIC HOLIDAY.
(PAUSE)
ACTING SPEAKER AUBRY: MS. HYNDMAN.
MS. HYNDMAN: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. HYNDMAN: ATTENDING SUNY NEW PALTZ WILL
ALWAYS BE ONE OF THE BEST DECISIONS MY PARENTS MADE FOR ME. AS A
STUDENT IN THE BLACK STUDIES DEPARTMENT IS WHEN I BECAME ACQUAINTED
WITH JUNE 19TH, JUNE -- JUNETEENTH. AND THE UNION ARMY GENERAL,
GORDON GRANGER, WHO WAS -- UNION ARMY MEANS HE WASN'T CARRYING A
CONFEDERATE FLAG, MARCHED INTO GALVESTON, TRANSPARENCY AND FREED
OVER 250,000 SLAVES TWO YEAR -- TWO-AND-A-HALF YEARS AFTER THE
EMANCIPATION PROCLAMATION. THESE PEOPLE WERE STILL IN BONDAGE.
THAT MEANS TWO YEARS OF BEING SOLD, TWO YEARS OF SAYING GOODBYE TO
FAMILY MEMBERS, TWO YEARS OF BEING RAPED. ADDITIONALLY, TWO YEARS OF
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SAYING GOODBYE TO CHILDREN; YOU'D NEVER KNOW IF THEY WERE -- BECAME
FULLY GROWN. TWO YEARS OF BEING TOLD THAT YOU'RE NOTHING MORE THAN
PROPERTY, NOTHING MORE TO BE BOUGHT OR SOLD AT THE MARKETPLACE. TWO
YEARS OF NOT KNOWING WHETHER EACH DAY ON EARTH WOULD BE YOUR LAST
DAY.
AND SO, WHEN THOSE SLAVES WERE FREED, THEY LEFT THE
PLANTATIONS AND WENT AROUND LOOKING FOR LOST FAMILY MEMBERS TO SEE IF
THEY COULD FIND THEM. THEY WENT INTO OTHER STATES THROUGHOUT THE --
THE UNION, LOOKING TO SEE IF THEY COULD FIND THE FAMILY MEMBERS WHO
WERE SOLD, LOOKING TO SEE IF THEY COULD FIND THOSE FAMILY MEMBERS THAT
MAYBE THEY HAD MARRIED THEM, THEY WERE SOLD. AND THAT MEANT NO
MORE THAN WHAT -- THEY WERE GOING TO BE USED AS FREE LABOR TO CONTINUE
TO BUILD THIS COUNTRY. SO, THEY LEFT THE -- THEY LEFT THE PLANTATIONS. BUT
EVEN THAT WASN'T THE END OF DEGRADATION AND YOUR RIGHTS AS A HUMAN
BEING.
BUT FOR JUNETEENTH IN THIS HOUSE, FOR THIS STATE, IT IS
PART OF THE AMERICAN HISTORY. AND WE KNOW THAT AMERICAN HISTORY IS
ALL ENCOMPASSING. AND THIS IS NOT SOMETHING THAT'S TAUGHT IN OUR
CLASSROOMS FOR THE USUALLY -- FOR THE K-12 AGE GROUPS. I HAD TO LEARN
ABOUT THIS IN COLLEGE. AND I THANK MY COLLEAGUES IN THE ASSEMBLY
WHEN WE DID OUR RESOLUTIONS AND CELEBRATIONS HERE RECOGNIZING
JUNETEENTH. BUT AT THIS DATE AND THIS TIME IN THIS SOCIETY, WE KNOW
HOW IMPORTANT IT IS WITH THE BLACK LIVES MATTER MOVEMENT TO
ENCOMPASS THAT OUR HISTORY IS AMERICAN HISTORY AND OUR HISTORY, AS
DARK AS IT WAS THEN, IS WHAT MAKES THIS COUNTRY SO GREAT. THAT WHEN
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JUNETEENTH IS OMITTED FROM THE HISTORY BOOKS, IN NEW YORK STATE
THERE'LL BE NOW -- IT WILL NOW BE A PUBLIC HOLIDAY. A HOLIDAY THAT
PEOPLE WILL RECOGNIZE. BUT WHAT DOES JUNETEENTH MEAN? IT MEANS
FREEDOM. IT MEANS JUSTICE. IT MEANS THAT IN THIS COUNTRY WE HAVE TO
RECOGNIZE OUR HISTORY IN ORDER TO MOVE FORWARD. AND THAT IS WHAT
JUNETEENTH MEANS TO ME.
SO, I WANT TO THANK DR. MARGARET WADE-LEWIS, DR.
A.J. WILLIAMS-MYERS, DR. ZELBERT MOORE, DR. ROBERTS, DR. BRANCH, DR.
CHIKWENDU AND THE BLACK STUDIES DEPARTMENT AT SUNY NEW PALTZ
WHO TAUGHT A LOT OF STUDENTS FROM THE CITIES EXACTLY WHAT JUNETEENTH
MEANS, EXACTLY WHAT AMERICAN HISTORY MEANS AND WHAT IT MEANS TO
THIS COUNTRY MOVING FORWARD. WE NEED THIS HOLIDAY AS A TIME TO
RECOGNIZE THE STRIFES OF AFRICAN-AMERICANS, AND THAT IS WHAT THIS
HOLIDAY BRINGS TO US.
SO, WHILE WE KNOW THAT A LOT OF PEOPLE WILL USE IT AS A
DAY OFF, FOR A LOT OF US IT WILL MEAN THE HISTORY AND CULTURE OF A TIME IN
1865 WHEN 250,000 INDIVIDUALS THAT LOOKED LIKE ME COULDN'T GET
MARRIED, COULDN'T RAISE THEIR FAMILIES, COULDN'T LIVE AS -- COULDN'T LIVE AS
FREE PERSONS. SO THIS IS HISTORY IN THE MAKING. I DO WANT TO THANK THE
GOVERNOR'S OFFICE FOR THE EXECUTIVE ORDER AND HIS COMMITMENT TO SIGN
THIS LEGISLATION WHEN IT COMES TO HIS DESK. AND FOR OTHER STATES TO
FOLLOW NEW YORK STATE IN MAKING SURE THAT JUNETEENTH IS A -- NOT JUST A
HOLIDAY IN THIS STATE, BUT AROUND THE COUNTRY, RECOGNIZING THE HISTORY OF
AFRICAN-AMERICANS IN THIS COUNTRY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
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MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I RISE TO THANK THE SPONSOR FOR THIS PIECE OF LEGISLATION AND
CERTAINLY APPRECIATE NOW, THE GOVERNOR, FOR HIS EXECUTIVE ORDER FOR
JUNETEENTH DAY. BUT LET ME JUST TELL YOU, 45 YEARS AGO IN THE GREAT CITY
OF BUFFALO, WE DECIDED WE WERE GOING TO CELEBRATE JUNETEENTH NO
MATTER WHAT. AND NOT JUST THAT WE DECIDED TO DO LARGE PARADES THAT THE
ENTIRE COMMUNITY, AND NOT JUST THE BUFFALO COMMUNITY, BUT THE WHOLE
WESTERN NEW YORK COMMUNITY ENJOYED, BUT THERE WAS A SCHOOL STARTED
AROUND THE WHOLE IDEA OF BEING FREEISH, IF YOU WILL, CALLED THE BUILD
ACADEMY. EVENTUALLY THROUGH -- THROUGHOUT THE YEARS, THAT SCHOOL DID
SUCH A GREAT JOB OF EDUCATING CHILDREN FROM THE PERSPECTIVE OF THEIR
HERITAGE AND THEIR CULTURE THAT THE SYSTEM DECIDED THAT THEY HAD TO BE
ENGAGED, THEY HAD TO CHANGE THE RULES THAT HAD BEEN SET UP TO EDUCATE
BLACK AND BROWN CHILDREN TO THE RULES THAT WENT ACROSS THE DISTRICT.
AND AS A RESULT OF THAT, THAT SCHOOL IS NOW ON A LOW ACHIEVING LIST. AND
SO, YOU CAN SEE A DIFFERENCE WHEN BLACK PEOPLE GET ENGAGED IN THEIR
OWN CULTURE TO GIVE IT TO THEIR CHILDREN AND TO TEACH THEM THAT WAY,
THERE'S A HUGE DIFFERENCE. WHEN THAT IS ELIMINATED, YOU SEE THE RESULTS
OF THAT.
NOW, I WANT TO SAY WHEN MR. PATAKI WAS GOVERNOR,
THAT HAD TO BE A COUPLE OF DECADES AGO, HE CAME INTO BUFFALO, HE WENT
ON MICHIGAN AVENUE WHERE THREE CENTURIES OF HISTORY HAVE BEEN
CREATED FOR BLACK PEOPLE AND HE SIGNED INTO LAW SOMETHING CALLED THE
AMISTAD LAW. IT WAS LEGISLATION THAT WAS PASSED BY ASSEMBLYMEMBER
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KEITH WRIGHT THAT SAID THE STATE EDUCATION DEPARTMENT SHOULD INFUSE
THE HISTORY OF AFRICAN-AMERICAN PEOPLE INTO THE CURRICULUM, BECAUSE,
QUITE HONESTLY, AMERICAN HISTORY IS AFRICAN-AMERICAN HISTORY. TO THIS
DAY, THAT HAS NOT HAPPENED. AND SO PERHAPS THREE GOVERNORS LATER, AN
EXECUTIVE ORDER TO CREATE A HOLIDAY AND THIS PIECE OF LEGISLATION RIGHT
HERE WILL MOTIVATE NOT JUST THE STATE EDUCATION DEPARTMENT, BUT ALL OF
US AS NEW YORKERS AND ALL OF US AS AMERICANS TO UNDERSTAND THAT WHEN
WE HIDE TRUTHS, WE CREATE PROBLEMS. WE SHOULD PUT SOME LIGHT ON THE
TRUTH. I THINK THIS LEGISLATION DOES THAT, BUT, AGAIN, I WANT TO HONOR THE
SPONSOR FOR SUBMITTING IT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
MR. BARRON.
MR. BARRON: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. BARRON: YOU KNOW, I ALWAYS HAVE A TOUGH
JOB UP HERE BECAUSE I'M WEDDED TO THE TRUTH. BEWARE OF WOLVES IN
SHEEP CLOTHING, THE GOVERNOR. THIS PROTEST THAT PUT SO MUCH PRESSURE
ON HIM THAT HE CAME OUT EARLY AND SAID, I WILL MAKE JUNETEENTH A
HOLIDAY; SEND ME THE BILL, I'LL SIGN IT, BECAUSE OF THE PROTESTS AND THE
PRESSURE. THE REAL BILL HE NEEDS TO BE SIGNING ON TO AND WE NEED TO BE
PASSING IS THE REPARATIONS BILL. WE NEED TO GET PAID FOR THESE YEARS OF
ENSLAVEMENT IN THIS STATE AND ALL ACROSS THE COUNTRY. SO, TO AVOID THAT,
HE OPENLY SAYS, I WILL PASS A JUNETEENTH BILL. AND I COMMEND THE
SPONSOR OF THIS BILL, I KNOW WHERE HER HEART IS AND HER SINCERITY IS, AND
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I SUPPORT THIS BILL 1,000 PERCENT. BUT LET'S PRESSURE THIS GOVERNOR AND
THIS ASSEMBLY TO PASS A REPARATIONS BILL THAT IS THE REMEDY AND REALLY
THE ANSWER TO A LOT OF WHAT'S GOING ON IN THIS STATE.
AND TO THE MAJORITY LEADER, CRYSTAL PEOPLES-STOKES, I
WANT TO SAY I WAS THERE FOR SOME OF THE JUNETEENTH MARCHES AND -- AND
HER CONTINUED SUPPORT AND COMMITMENT TO REPARATIONS.
NOW, LET ME GET TO THE BILL AND SOME OF THE HISTORY
AROUND JUNETEENTH. I MEAN, A LOT OF PEOPLE THINK THE WHITE GENERAL
GRANGER CAME INTO TRANSPARENCY AND WE DIDN'T KNOW THAT WE WERE FREE
FOR TWO YEARS AND HERE COMES THE -- THE WHITE CALVARY, GENERAL
GRANGER AND HE READ IT TO THEM AND WE JUMPED FOR JOY. THAT DID NOT
HAPPEN. IT WAS THE AFRICAN SOLDIERS. IT WAS THE AFRICAN SOLDIERS. AND
TWO OF THE BIGGEST LIES IN AMERICA IS THAT LINCOLN FREED THE SLAVES AND
COLUMBUS DISCOVERED AMERICA. NEITHER ONE OF THOSE THINGS HAPPENED.
IN 1862, THE SOUTH WAS ACTUALLY WINNING THE CIVIL WAR AND IT WAS
ABOUT SAVING THE UNION. TEN STATES LEFT THE UNION AND HEADED UP TO
THE CONFEDERACY, THEY HEAD UP THAT AND THEN FOUR SLAVE STATES STAYED
WITH THE UNION -- FOUR SLAVE STATES STAYED WITH THE UNION.
BUT WE HAVE TO UNDERSTAND THAT THESE STATES THAT
STAYED WITH THE UNION, THE EMANCIPATION PROCLAMATION SAID ALL OF
THOSE STATES THAT WERE IN REBELLION AGAINST THE UNION, LINCOLN WAS
CUNNING, SCHEMING, AND HE WAS THE RACIST. HE WANTED TO FREE US AND
SEND US BACK TO AFRICA. BUT WHAT HAPPENED WITH THAT DOCUMENT, THE
EMANCIPATION PROCLAMATION, SAID THAT ALL THE ENSLAVED AFRICANS IN THE
SLAVE STATES THAT LEFT THE UNION, YOUR SLAVES ARE FREE. THE ONES WHO
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STAYED, THE ONES HE COULD HAVE FREED, HE SAID IT DOESN'T APPLY TO YOU
BECAUSE YOU DIDN'T LEAVE. SO THE ENSLAVED AFRICANS THAT HE HAD NO
LONGER JURISDICTION OVER, THEY WERE IN THE CONFEDERACY, THEY STARTED TO
LEAVE THE SOUTH AND COME UP NORTH, CROSS UNION LINES. AND HE MADE
SLAVERY AN ISSUE WHEN HE SAID, IF I COULD FREE NO SLAVES AND SAVE THE
UNION, LINCOLN THIS IS, IF I CAN FREE SOME AND SAVE THE UNION, I'LL DO IT,
WE'VE GOT TO SAVE THE UNION. LINCOLN DIDN'T WANT FRANCE AND ENGLAND
TO ENTER THE WAR ON THE SIDE OF THE CONFEDERACY BECAUSE THEY HAD
ABOLISHED SLAVERY, AND THEY DIDN'T ENTER THE WAR BECAUSE HE SAID WE'RE
GOING TO FREE ENSLAVED AFRICANS.
SO, THE AFRICAN SOLDIERS, 75,000, 100,000, THERE WERE
3.5 MILLION ENSLAVED AFRICANS IN THE SOUTH, 500,000 UP NORTH AND THEY
STARTED COMING NORTH. AND LINCOLN SAID AND FREDERICK DOUGLASS SAID
IF IT WASN'T FOR THE AFRICAN SOLDIERS, THEY WOULD NOT HAVE WON THE CIVIL
WAR. SO THEY WENT FROM PLANTATION TO PLANTATION FREEING ENSLAVED
AFRICANS. AND GUESS WHO WAS WITH THEM SOME OF THE WAY? HARRIET
TUBMAN. SHE JUST DIDN'T HAVE THE UNDERGROUND RAILROAD AND FREE 300,
SHE FREED 700 AS A LEADER, A SERGEANT OR A GENERAL IN THE UNION ARMY.
THEY FINALLY GOT TO GALVESTON, TRANSPARENCY, THAT WAS
ONE OF THE LAST STOPS OF THE CAMPAIGN, THE MILITARY CAMPAIGN, AND WHEN
THEY GOT TO GALVESTON, TRANSPARENCY, IT WASN'T THAT WE DIDN'T KNOW, THEY
WEREN'T FREED YET. SO 10,000 AFRICAN SOLDIERS CAME IN THERE WITH
GENERAL GRANGER. GENERAL GRANGER WAS TRYING TO TELL THEM, YOU'RE
FREED, BUT ARE YOU SURE YOU WANT TO LEAVE? BECAUSE, YOU KNOW, WHERE
ARE YOU GONNA GO? WHAT KIND OF WORK ARE YOU GONNA HAVE? THE
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AFRICAN SOLDIERS SAID, WE'RE FREE, LET US GO UNITE WITH OUR FAMILIES AND
LET'S DO THE RIGHT THING BY OUR PEOPLE. THEY CAME INTO GALVESTON,
TRANSPARENCY IN 18 -- ON JUNE 15TH, AND IT TOOK THEM FOUR DAYS TO RUN
THE GOVERNOR AND THE 4,000 CONFEDERATE TROOPS OUT TO LIBERATE THEIR
PEOPLE. IT'S THE AFRICAN SOLDIERS WHO DID THAT, NOT GENERAL GRANGER.
HE WAS TRYING TO TALK THEM INTO STAYING.
AND SLAVERY DIDN'T END THEN BECAUSE THE ENSLAVED
AFRICANS IN THOSE STATES THAT LINCOLN COULD'VE FREED AND DIDN'T, THEY
STILL HAD THEIR ENSLAVED AFRICANS IN MARYLAND. THEY STILL HAD THEIR
SLAVE AFRICANS IN THE FOUR STATES THAT WERE STILL HAVING SLAVERY. IT
WASN'T UNTIL 1865 IN DECEMBER WHEN THEY RATIFIED THE 13TH
AMENDMENT -- IF THE EMANCIPATION PROCLAMATION ENDED SLAVERY, YOU
WOULDN'T HAVE NEEDED THE 13TH AMENDMENT. YOU NEEDED THAT BECAUSE
IT DID NOT END SLAVERY. AND THE LAST SLAVES WERE NOT IN GALVESTON,
TRANSPARENCY. THAT WAS THE END OF THE MILITARY CAMPAIGN AND THEY
CELEBRATED.
SO, WHILE JUNETEENTH IS A GOOD THING, IT'S A GOOD
HOLIDAY TO CELEBRATE, LET'S TELL THE TRUTH ABOUT THE HISTORY. THE 13TH --
AND THE 13TH AMENDMENT OF THE UNITED STATES CONSTITUTION SAYS SLAVERY
SHALL BE ABOLISHED EXCEPT AS A PUNISHMENT FOR CRIME. WE WENT FROM
THE PLANTATION TO THE PENITENTIARY. AND WE'RE STILL IN THE PENITENTIARY,
THOUSANDS OF US STILL PROVIDING FREE LABOR IN THE PENITENTIARY TO PRODUCE
PRODUCTS FOR CAPITALISM.
SO, I CELEBRATE JUNETEENTH, BUT WE'RE GONNA CELEBRATE
THE TRUTH THAT COMES ALONG WITH JUNETEENTH. I COMMEND THE SPONSOR OF
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THIS. I'M SUPPORTING IT 1,000 PERCENT. BUT LET'S FIGHT FOR REPARATIONS.
LET'S NOT HIM -- LET HIM GET AWAY, THE GOVERNOR, WITH JUNETEENTH, A
HOLIDAY NOW, WHICH IS GOOD. IT'S A GOOD THING. BUT IF HE'S SERIOUS
ABOUT AFRICAN PEOPLE IN THIS STATE, THEN I HAVE A BILL RIGHT IN THE WAYS
AND MEANS COMMITTEE. LET'S GET THAT BILL OUT THERE, LET'S SET UP THAT
COMMUNITY COMMISSION AND LET'S LOOK AT WHAT IS THE REMEDY FOR THE
ENSLAVEMENT OF AFRICANS HERE AND DURING JIM CROWISM. THAT IS A
SERIOUS ISSUE.
HEY, GOVERNOR, LET'S -- DO A PRESS CONFERENCE NOW, SAY
YOU SUPPORT REPARATIONS FOR AFRICAN PEOPLE SINCE YOU'RE SO CONCERNED
ABOUT US AND YOU SUPPORT A HOLIDAY IN JUNETEENTH, HOW ABOUT
REPARATIONS? STRAIGHT AHEAD, FOR WHATEVER. I VOTE IN THE AFFIRMATIVE.
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 ON RULES REPORT NO. 212. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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 TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MR. SPEAKER. I'M
PLEASED TO VOTE IN THE AFFIRMATIVE, AS WILL MANY OF MY COLLEAGUES, FOR
RECOGNIZING JUNETEENTH. I JUST WANTED TO ALSO POINT OUT WHILE THERE ARE
OTHER DATES THAT ARE REALLY IMPORTANT HERE IN NEW YORK STATE THAT WE
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WANT TO CELEBRATE, AND SOME FOLKS MAY NOT REALIZE THAT JULY 4TH, IN
ADDITION TO BEING ONE, WHEN THE DECLARATION OF INDEPENDENCE WAS
SIGNED IN 1776, JULY 4TH, 1827 WAS THE DATE THAT NEW YORK OFFICIALLY
ENDED ALL SLAVERY. AND SO, THAT'S ONE MORE REASON FOR US TO BE
CELEBRATING ON JULY 4TH.
SO, IN SOME WAYS, JUNETEENTH REMINDS ME OF THE
FRUSTRATION THAT MANY OF US RECOGNIZE THAT IT TOOK ALMOST TWO YEARS FOR
WORD TO GET DOWN TO TRANSPARENCY, AND FOR TWO YEARS THOSE PEOPLE WERE
ENSLAVED AFTER THE WAR ENDED. NOWADAYS, IT TAKES LESS THAN TWO
SECONDS TO GET NEWS AROUND THE WORLD. SO, WE'VE MADE LOT OF PROGRESS,
BUT WE CERTAINLY HAVE A LOT MORE PROGRESS TO MAKE. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU. MR.
GOODELL IN THE AFFIRMATIVE.
MR. JOHNS.
MR. JOHNS: YES, MR. SPEAKER. ON THE BILL -- OR TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: TO EXPLAIN YOUR VOTE,
SIR.
MR. JOHNS: WE TALKED ABOUT SOMETHING SIMILAR LAST
YEAR, AND THIS -- FIRST OF ALL, I'M GLAD TO SUPPORT AND BE ABLE TO VOTE FOR
THIS RULES REPORT. I THINK IT'S IMPORTANT TO JUST GIVE A LITTLE BACKGROUND
ON MYSELF AND MY FAMILY. AS I TOLD EVERYBODY LAST YEAR, MY FATHER
WAS A DISABLED VETERAN FROM WORLD WAR II, HAD ONE LEG AMPUTATED, THE
OTHER LEG MANGLED UP. HE SPENT TWO-AND-A-HALF YEARS IN WALTER REED
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ARMY HOSPITAL, WHERE MY MOTHER HAPPENED TO BE WORKING. AND
BESIDES ALL THAT -- THAT THEY WENT THROUGH, I REMEMBER -- I GREW UP IN
WEBSTER, NEW YORK, BUT MY MOTHER WOULD ALWAYS TELL ME ABOUT THE
KIND OF CRIMES THAT WERE COMMITTED DOWN IN WASHINGTON. AND SHE
THOUGHT THAT, INVARIABLY, EVERY TIME A CRIME WAS COMMITTED, RAPE,
MURDER, ANY TYPE OF THUGGERY WHATSOEVER, THEY ALWAYS SEEMED TO FIND
A BLACK MAN AND BLAME IT ON HIM AND CONVICT HIM.
NOW, I WAS FOUR, FIVE, SIX-YEARS-OLD, I HARDLY KNEW
ANYTHING ABOUT WHAT WAS GOING ON. AND MY MOTHER DROVE MY BROTHER
AND I, WHO WAS EVEN YOUNGER THAN I WAS, WE WENT TO GETTYSBURG, AND
THIS WAS IN THE LATE '50S, WE WENT TO GETTYSBURG AND THEN WE WENT
DOWN TO VIRGINIA, MY MOTHER TOLD US ABOUT THE OLD JIM CROW LAWS,
BLACK ONLY, WHITE ONLY DRINKING FOUNTAINS, BATHROOMS, I SAW IT FOR
MYSELF. AND ANYBODY THAT -- AS OTHER SPEAKERS HAVE SAID HERE, BLACK
HISTORY IS AMERICAN HISTORY. JUNE 19TH IS SIGNIFICANT FOR EVERYBODY IN
THIS COUNTRY.
AND AS YOU KNOW, MR. SPEAKER, I TRY AND PLAY A LITTLE
BASKETBALL, NOT VERY GOOD, AND YOU'RE LAUGHING BECAUSE I'M BAD, BUT I
REMEMBER FROM AROUND THE YEAR 2000 TO 2010, I USED TO PLAY A LOT OF
OUTDOOR BALL, COBBS HILL UP IN ROCHESTER, AND A LOT OF TIMES I WAS THE
ONLY WHITE GUY, OR CERTAINLY THE ONLY OLD WHITE GUY, AND I WOULD TALK
WITH A LOT OF THE YOUNG GUYS UP THERE ABOUT JUNE 19TH, IT STARTED ROLLING
AROUND AND I'D SAY, WELL, WHAT ABOUT JUNE 19TH, JUNETEENTH, AND THESE
WERE A LOT OF YOUNG AFRICAN-AMERICAN MEN THAT WENT TO SCHOOL IN THE
CITY OF ROCHESTER, THEY DIDN'T KNOW WHAT I WAS TALKING ABOUT.
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SO, IT'S AMERICAN HISTORY. IT'S BLACK HISTORY. THANK
GOD THAT RECENTLY IT'S COME TO LIGHT AND IT'S A VERY IMPORTANT DATE IN OUR
COUNTRY'S HISTORY. SO MUCH SO THAT EVEN A LOT OF YOUNG
AFRICAN-AMERICANS HAVE NEVER BEEN TAUGHT IT IN SCHOOL. I HAD A
BACKGROUND BECAUSE OF MY MOTHER TO LEARN A LOT OF THINGS IN LIFE THAT
EVERYBODY DOESN'T GET A CHANCE TO UNDERSTAND AND SEE, BUT I'M GLAD
TODAY TO BE A -- A CO-SPONSOR ON THIS BILL AND TO BE ABLE TO VOTE FOR IT.
THANK YOU SO MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY, SIR. MR.
JOHNS IN THE AFFIRMATIVE.
MR. BARRON TO EXPLAIN HIS VOTE.
MR. BARRON: THANK YOU, MR. SPEAKER. I JUST
WANT TO MENTION TWO OTHER THINGS VERY QUICKLY. ONE, THAT WE OFTEN SAY
THAT OUR HISTORY IS AMERICA'S HISTORY, AND I KNOW THAT'S A FAMOUS AND
UNITING THING TO SAY. BUT AMERICA'S HISTORY IS NOT OUR HISTORY. WE ARE
-- WE ARE VICTIMS OF AMERICAN HISTORY, AND WE SHOULD BE VERY CLEAR ON
THAT.
AND THEN, TO MENTION THE 4TH OF JULY WITH JUNETEENTH
IS AN INSULT. THE 4TH OF JULY, WHEN BETSY ROSS WAS STITCHING THE
AMERICAN FLAG IN 1776, WE WERE CATCHING STITCHES IN SLAVERY. I WANT
TO SUGGEST TO ALL OF MY COLLEAGUES THAT THEY READ FREDERICK DOUGLASS'
SPEECH ON WHAT THE 4TH OF JULY MEANS TO ME, OR MEANS TO BLACK
PEOPLE. WE SHOULDN'T EVEN CELEBRATE IT. WE WERE IN SUCH BAD
CONDITIONS WHEN THIS COUNTRY FIRST STARTED. SO, I JUST WANTED TO MAKE
SURE THAT IT'S NOT TAINTED WITH THE 4TH OF JULY. THIS IS A HOLIDAY THAT
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WE'LL BE CELEBRATING SEPARATE FROM THAT, NOT IN ADDITION TO IT.
AND THEN FINALLY, THE AMISTAD CURRICULUM THAT THE
MAJORITY LEADER SPOKE OF, WE NEED TO FIGHT FOR THAT. WE NEED TO HAVE
MANDATORY AFRICAN-AMERICAN HISTORY IN ALL OF OUR SCHOOLS IN THIS STATE.
THAT IS SOMETHING SOLID TO GO ALONG WITH JUNETEENTH AND TO GO ALONG
WITH REPARATIONS. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
FROM THE B-CALENDAR, RULES REPORT NO. 348.
THE CLERK: ASSEMBLY NO. A10831, RULES REPORT
NO. 348, COMMITTEE ON RULES (PRETLOW). AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO THE DESIGNATION OF ABOLITION
COMMEMORATION DAY AS A DAY OF COMMEMORATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
PRETLOW, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. PRETLOW ON THE BILL.
MR. PRETLOW: THANK YOU, MR. SPEAKER, ON THE
BILL.
IN 1626, THE DUTCH WEST INDIES COMPANY BROUGHT THE
FIRST 11 SLAVES TO NEW AMSTERDAM. THE FIRST SLAVE AUCTION IN NEW
YORK WAS HELD IN 1655, AND BY 1703 OVER 40 PERCENT OF NEW YORK
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NYS ASSEMBLY JULY 22, 2020
HOUSEHOLDS HAD SLAVES. THE ROAD TO FREEDOM WAS LONG, ARDUOUS AND
DANGEROUS. A NUMBER OF ABOLITIONIST NEWSPAPERS WERE PUBLISHED BY
AFRICAN-AMERICANS, SUCH AS THE THE ELEVATOR, WHICH WAS PUBLISHED
RIGHT HERE IN ALBANY, NEW YORK BY STEPHEN MYERS AND BACKED BY
HORACE GREELEY, GERRIT SMITH AND OTHER WHITE ABOLITIONISTS. STEPHEN
MYERS AND HIS WIFE, HARRIET JOHNSON, ALSO OPERATED THE ALBANY STATION
OF THE UNDERGROUND RAILROAD, WHICH HELPED FUGITIVE SLAVES MAKE THEIR
WAY TO CANADA, AND WAS KNOWN AS THE MOST ORGANIZED SECTION OF THE
RAILROAD. THE GREAT FREDERICK DOUGLASS ALSO WAS A WELL-KNOWN FOR HIS
PUBLICATION, THE NORTH STAR, AS WELL AS HIS FAMOUS SPEECHES. OTHERS,
LIKE SOJOURNER TRUTH, USED THEIR VOICES TO ADVOCATE NATIONALLY FOR THE
ABOLISHMENT OF SLAVERY AND TO ENSURE THAT THE CONTRIBUTIONS AND PLIGHT
OF WOMEN WAS INCLUDED IN THE NARRATIVE AROUND EMANCIPATION.
AND WHILE NEW YORK LATER BECAME KNOWN AS A FREE
STATE, MANY ABOLITIONISTS, LIKE HARRIET TUBMAN, HELPED AFRICAN SLAVES
ESCAPE ON THE UNDERGROUND RAILROAD THROUGHOUT THE COUNTRY, AND
SPECIFICALLY HERE IN NEW YORK. TUBMAN AND OTHERS USED THEIR
PLATFORMS IN NEW YORK STATE TO CALL FOR THE ABOLISHMENT OF SLAVERY
THROUGHOUT THE UNITED STATES. THERE ARE ALSO COUNTLESS DOCUMENTED
AND UNDOCUMENTED UPRISINGS BY ENSLAVED AFRICANS WHO FOUGHT FOR
THEIR FREEDOM AND THE MANY UNSUNG HEROES WHO SPOKE OUT AGAINST
SLAVERY WHEN IT WAS UNPOPULAR AND DANGEROUS TO DO SO. FOR THESE
PEOPLE, NEW YORK STATE OWES A GREAT DEBT AND MUST BE ACKNOWLEDGED
FOR THEIR SACRIFICES AND CONTRIBUTED FOR A MORE UNIFIED AND STRONGER
STATE.
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NYS ASSEMBLY JULY 22, 2020
THE ABOLISHMENT OF SLAVERY WAS NOT THE RESULT OF ONE
PERSON'S DOING, RATHER, IT WAS A COLLECTIVE MOVEMENT. NOTHING CAN
REMOVE THE GENERATIONAL DAMAGES CREATED AS A RESULT OF THE
TRANSATLANTIC SLAVE TRADE; HOWEVER, A CIVILIZED STATE CAN DO NO LESS
THAN TO SET ASIDE ONE DAY A YEAR TO HONOR THE BRAVE ABOLITIONISTS AND
ATONE FOR HAVING ENGAGED IN THE PROCESS OF MAINTAINING EXPLETIVE --
EXPLOITIVE, ABRASIVE SLAVISH SOCIETY FOR COUNTLESS GENERATIONS.
IN 1817, THE NEW YORK STATE GENERAL ASSEMBLY
PASSED THE MANUMISSION BILL, WHICH FREED SLAVES TEN YEARS LATER.
SLAVES WEREN'T FREED, THEY WERE FREED GRADUALLY AND IT DIDN'T TAKE FULL
EFFECT UNTIL JANUARY -- UNTIL JULY 4TH, 1827. BUT AS NOTED BY ONE OF OUR
COLLEAGUES, JULY 4TH WAS NOT THE DATE THAT AFRICAN FORMER SLAVES
CELEBRATED. THEY CELEBRATED ON JULY 5TH BECAUSE AS FREDRICK DOUGLASS
SAID, JULY 4TH WAS NOT YET SET ASIDE FOR US.
SO, WITH THAT, MR. SPEAKER, I WANT TO THANK THE -- THE
SPEAKER FOR BEING BEHIND THIS BILL. I SEE SENATOR BAILEY HAS ALREADY
PASSED IT IN THE SENATE. AND THIS WILL SET ASIDE THE SECOND MONDAY IN
JULY OF EVERY YEAR TO HONOR ALL THE ABOLITIONISTS IN THE UNITED STATES.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MR.
PRETLOW.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO RISE AND CONGRATULATE THE SPONSOR OF
THIS PIECE OF LEGISLATION. I THINK THIS IS A CRITICALLY IMPORTANT -- IN FACT,
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I PROBABLY DIDN'T REALIZE HOW IMPORTANT IT WAS GIVEN THAT I GREW UP IN A
COMMUNITY IN AND AROUND A LOT OF ABOLITIONISTS. AS YOU KNOW, HARRIET
TUBMAN ACTUALLY STILL OWNS LAND IN AUBURN. SHE WAS ACTUALLY BURIED
BY THE FUNERAL HOME OF OUR DEAR COLLEAGUE, MR. FINCH. SHE HAS A TON
OF LAND THERE. I GREW UP IN THE AME ZION CHURCH WHERE WE ALWAYS
WENT THROUGHOUT THE SUMMERS TO -- FOR YOUTH COUNSELING AND FOR
EDUCATIONAL OPPORTUNITIES.
AND SO, WHEN I HAD THE OPPORTUNITY TO GO TO ISRAEL
EARLIER THIS YEAR, PRE-PANDEMIC, AND I HAD A CHANCE TO GO TO THE
HOLOCAUST MUSEUM AND NOTICED THE WAY THEY REALLY HONOR THE
ABOLITIONISTS WHO HELPED THE JEWISH PEOPLE AS THEY SUFFERED THROUGH
THE HOLOCAUST. IT OCCURRED TO ME THAT -- HOW POWERFUL ABOLITIONISTS
REALLY ARE BECAUSE THEY ARE NOT THE SAME AS THE PEOPLE WHO ARE
NECESSARILY BEING HURT, WITH THE EXCEPTION OF PEOPLE LIKE FREDERICK
DOUGLASS, CLEARLY WAS AN AFRICAN-AMERICAN MAN, BUT GENERALLY, THEY
ARE WHITE PEOPLE AND THEY'RE HELPING OTHER PEOPLE WHO DON'T EVEN
HAVE THE SAME EXPERIENCE THEY HAVE, WHICH REALLY BRINGS TO ME THE REAL
HUMANITY OF THE WORLD. AND UNLESS YOU KNOW THAT EVEN THOUGH THERE
ARE SOME PEOPLE WHO DON'T LOOK LIKE YOU WHO ARE WILLING TO HURT YOU,
THERE ARE ALSO SOME PEOPLE WHO DON'T LOOK LIKE YOU WHO ARE WILLING TO
HELP YOU.
SO, I REALLY HONOR THE FACT THAT MR. PRETLOW WOULD SEE
IT RIGHT TO MAKE IT A DAY FOR THE ABOLITIONIST MOVEMENT. AND I HOPE
THAT AS WE BEGIN TO THINK ABOUT HOW WE CELEBRATE SO MANY THINGS IN
LIFE, THAT WE WILL CELEBRATE ABOLITIONISTS, AS WELL. AND SO, AGAIN, I WANT
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TO CONGRATULATE HIM ON THAT AND JUST SAY HOW IMPORTANT IT IS FOR THIS
STORY OFFICIALLY TO GO FORWARD. I DIDN'T REALLY KNOW UNTIL NOT LONG AGO
THAT FORMER GOVERNOR SEWARD WAS -- HAD A GOOD RELATIONSHIP WITH
HARRIET TUBMAN, AND HE ACTUALLY HELPED HER GET ACCESS TO A LOT OF THE
LAND THAT SHE -- IT'S STILL IN HER FAMILY IN -- IN THE GREAT AREA OF AUBURN.
LASTLY, I WILL SAY THIS, JUST IN -- ON THESE TWO TOPICS,
WE FOUGHT FOR FIVE YEARS TO GET A SIGN UP, MAYBE LONGER THAN THAT, MR.
SPEAKER, TO GET A SIGN UP ON THE THRUWAY THAT SAYS, THIS EXIT FOR THE
HARRIET TUBMAN HOME. WELL, IT'S ABOUT THIS BIG (INDICATING). WHEN
YOU'VE GOT ALL THESE GIANT SIGNS ALONG THE 90 AND YOU GET CLOSE TO THE
EXIT, AND THAT'S THE ONE THAT SAYS 41, THE SIGN IS ABOUT THIS BIG
(INDICATING), BUT IT WILL TELL YOU THAT YOU CAN ACTUALLY GO AND SEE WHERE
PEOPLE LIKE HARRIET TUBMAN LIVED, SEE WHERE FREDERICK DOUGLASS
VISITED, SEE WHERE GOVERNOR SEWARD ACTUALLY -- BECAUSE HE HAS A LOT OF
HISTORY IN THAT AREA, AS WELL.
AND SO I THINK FOR US AS A PEOPLE, NO MATTER WHAT OUR
ETHNICITY IS, WE SHOULD ALWAYS BE IN SEARCH OF HISTORY. WE SHOULD
ALWAYS BE IN SEARCH OF HISTORY. AND SO, AGAIN, I WANT TO CONGRATULATE
THE SPONSOR AND THANK YOU FOR THE OPPORTUNITY TO MAKE COMMENTS ON
THIS BILL.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY JULY 22, 2020
THE VOTE ON RULES REPORT NO. 348. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. REILLY TO EXPLAIN HIS VOTE.
MR. REILLY: THANK YOU, MR. SPEAKER. I JUST WANT
TO THANK THE SPONSOR FOR THIS BILL. I WANTED TO SHARE THAT IN MY DISTRICT I
STARTED DOING A -- WALKING AROUND AND I USE THE HASHTAG
#AROUNDTHE62AD, AND, YOU KNOW, I -- I GREW UP IN BROOKLYN, I
MOVED OUT TO STATEN ISLAND WHEN I WAS 19, AND THEN TO THE SOUTH
SHORE, THE 62ND ASSEMBLY DISTRICT AFTER I GOT MARRIED IN 2000. SO, I
MOVED OUT HERE IN 2003. WHAT I SHARE ABOUT MY WALKS IS I FOUND A
DEEP CONNECTION WITH -- WHICH IS INSIDE THE 62ND ASSEMBLY DISTRICT,
SANDY GROUND, WHICH IS THE FIRST FREE BLACK SETTLEMENT IN NEW YORK
STATE. AND IT WAS A GREAT LEARNING EXPERIENCE FOR MYSELF REPRESENTING
THIS AREA. AND I CONTINUALLY WALK BY THERE AND SEE THE GRAVES OF THOSE
FORMER SLAVES THAT ARE -- THAT WERE FREED, AND IT'S -- IT'S DEEPLY MOVING.
ANOTHER SPOT THAT I SAW AND I WAS ABLE TO HIGHLIGHT
WAS THE MEMORIAL FOR FREDRICK DOUGLASS, WHICH IS ALSO IN THE 62ND
ASSEMBLY DISTRICT. SO, HEARING -- I'VE BECOME VERY AWARE OF THE
HISTORY AND -- AND THE STRUGGLES THROUGHOUT OUR HISTORY HERE. BUT I JUST
WANTED TO SHARE THAT IF ANYBODY'S INTERESTED IN VISITING THE 62ND AND
SEEING SANDY GROUND AND THE FREDERICK DOUGLASS MEMORIAL IN
OAKWOOD, I WOULD GLADLY ACCOMPANY THEM. BUT I, ONCE AGAIN, I THINK
THIS IS A PROUD MOMENT AND A PROUD LEGISLATION TO SUPPORT, SO I VOTE IN
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NYS ASSEMBLY JULY 22, 2020
THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. REILLY IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(PAUSE)
MRS. PEOPLES-STOKES: -- RETURN TO OUR DEBATE
LIST, WE WANT TO GO RIGHT BACK TO MR. EPSTEIN AND RULES REPORT NO.
221, THEN RULES REPORT NO. 222 BY MR. LAVINE AND RULES REPORT NO.
224 BY MR. ZEBROWSKI.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01436-C, RULES
REPORT NO. 221, EPSTEIN, L. ROSENTHAL, DE LA ROSA, SIMOTAS, TAYLOR,
GOTTFRIED, ENGLEBRIGHT, ARROYO, AUBRY, DICKENS, WEPRIN, CRUZ,
MOSLEY, CRESPO, D'URSO, ORTIZ, ABBATE, HYNDMAN, BLAKE, RIVERA,
ROZIC, STERN, COOK, KIM, CYMBROWITZ, D. ROSENTHAL, FALL, SEAWRIGHT,
REYES, RODRIGUEZ, GLICK, FRONTUS, QUART, JEAN-PIERRE, GRIFFIN, HUNTER,
FERNANDEZ, RAMOS, RICHARDSON, OTIS, LIFTON, DINOWITZ, CARROLL,
ABINANTI, BARRON, O'DONNELL, SIMON, FAHY, WRIGHT, STECK, VANEL,
M.G. MILLER, NIOU, SAYEGH, MAGNARELLI, PICHARDO, DARLING, WALKER,
WILLIAMS, PERRY, BUCHWALD, PAULIN. AN ACT TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO REPORTING OF YOUTH PLACED IN FOSTER CARE
SETTINGS AND RECRUITMENT OF FOSTER PARENTS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
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NYS ASSEMBLY JULY 22, 2020
REQUESTED, MR. EPSTEIN.
MR. EPSTEIN: SO IN NEW YORK STATE THERE ARE
NUMEROUS CHILDREN IN FOSTER CARE AND THEY'RE IN CARE FOR VARIOUS
PURPOSES THERE -- BECAUSE THEY'RE HERE FOR FEDERAL -- FEDERAL REASONS OR
STATE REASONS, AND WE DON'T HAVE ANY GOOD INFORMATION ABOUT WHY
THEY'RE HERE, WHAT SERVICES THEY HAVE, THEY'RE IN GROUP HOMES, FAMILY
HOMES, WE NEED THAT INFORMATION. THIS BILL PROVIDES A COMPREHENSIVE
LIST OF KIDS IN CARE IN NEW YORK STATE SO WE CAN, THEN, USE THAT
INFORMATION AS WE MOVE FORWARD.
MS. WALSH: THANK YOU VERY MUCH. WILL THE
SPONSOR YIELD?
MR. EPSTEIN: HAPPY TO.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. WALSH: THANK YOU. SO, WHEN I FIRST READ THE
BILL, I -- I GUESS I FLAGGED IT BECAUSE I JUST FOUND IT VERY DIFFICULT TO
BELIEVE THAT WE DIDN'T ALREADY HAVE DATA LIKE THIS. DOESN'T THE
DEPARTMENTS OF SOCIAL SERVICES MAINTAIN DATA ON HOW MANY CHILDREN
ARE IN FOSTER CARE AND WHERE THEY ARE?
MR. EPSTEIN: SO, THIS INFORMATION IS NOT AVAILABLE.
THIS -- ESPECIALLY WHERE THE KIDS ARE, WHAT KIND OF CARE THEY'RE IN.
THEY DON'T HAVE A -- A LIST OF THIS INFORMATION AND THIS IS REALLY AN
IMPORTANT PIECE OF INFORMATION THAT WE NEED TO HAVE.
MS. WALSH: SO AS FAR AS WHERE THEY ARE, DOES THIS
ENVISION THAT THERE WOULD BE LISTS, DATA, SHOWING, YOU KNOW, ADDRESSES
OF WHERE THE KIDS ARE? NO, RIGHT?
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NYS ASSEMBLY JULY 22, 2020
MR. EPSTEIN: OF COURSE NOT.
MS. WALSH: OKAY.
MR. EPSTEIN: THIS IS JUST AGGREGATED INFORMATION.
WE HAVE, JUST IN MAKING UP A NUMBER, 1,000 KIDS IN GROUP FOSTER
HOMES, 1,000 KIDS IN FOSTER HOMES, AND THESE KIDS ARE IN KINSHIP
HOMES AND OUT OF THAT 1,000, 300 ARE FROM FEDERAL CUSTODY AND 600,
700 ARE FROM NEW YORK STATE.
MS. WALSH: YOU -- YOU'VE MENTIONED FEDERAL A
COUPLE OF TIMES. I DID READ THE MEMO THAT ACCOMPANIED THE BILL AND IT
DID SEEM AS THOUGH POSSIBLY PART OF THE IMPETUS FOR THE BILL WAS THE --
THE FEDERAL PLACEMENT OF SOME CHILDREN IN FOSTER CARE WHO WERE -- HAD
BEEN SEPARATED FROM THEIR PARENTS POSSIBLY OR OTHER ADULTS WHEN
CROSSING INTO THE UNITED STATES THAT -- IS THAT CORRECT?
MR. EPSTEIN: I -- THERE HAVE BEEN NUMEROUS
VERSIONS OF THE BILL AND EARLIER ON, IT WAS -- IT WAS MORE FOCUSED ON THE
CHILDREN IN FEDERAL CARE THAT WERE HERE IN NEW YORK.
MS. WALSH: YEAH.
MR. EPSTEIN: BUT WHEN WE DUG DEEPER INTO IT, WE
REALIZED THAT NOT ONLY DO WE WANT TO KNOW THE -- HOW MANY CHILDREN
FROM FEDERAL CARE ARE IN OUR STATE, BUT ALSO, WE NEEDED A BETTER DATA
ABOUT KIDS WHO ARE IN STATE CARE, AS WELL, AND WHERE THEY'RE PLACED AND
WHAT'S BEING OFFERED TO THEM.
MS. WALSH: ALL RIGHT. THANK YOU VERY MUCH. I
APPRECIATE YOUR COMMENTS.
MR. SPEAKER, ON THE BILL.
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NYS ASSEMBLY JULY 22, 2020
ACTING SPEAKER JONES: ON THE BILL.
MS. WALSH: SO, AS MANY PEOPLE KNOW I -- I
WORKED FOR A FEW YEARS IN -- FOR -- AS AN ASSISTANT COUNTY ATTORNEY
REPRESENTING FOSTER CARE IN MY -- IN MY COUNTY, AND ALSO CHILD
PROTECTIVE SERVICES. SO, I HAVE A LITTLE BIT OF FAMILIARITY WITH THE FOSTER
CARE SYSTEM AT LEAST IN THE SMALL AREA THAT I -- WHERE I LIVE. I ALSO DID A
LITTLE BIT OF RESEARCH AND IT LOOKS AS THOUGH THERE WAS SOMETHING CALLED
THE FEDERAL FAMILY FIRST PREVENTION SERVICES ACT OF 2018, THE FFPSA.
IT WAS SIGNED INTO LAW AS PART OF PUBLIC LAW 115 TO 123. AND IT
REQUIRED STATES TO COMPILE SOME OF THE FOSTER CARE DATA THAT IS REQUIRED
BY THIS BILL. AND, INTERESTINGLY, I THOUGHT, AS PART OF OUR FISCAL YEAR
2019, NEW YORK STATE BUDGET, IT WAS ASSEMBLY BILL NO. A09503-C,
WE APPROPRIATED IN FUNDING FOR LOCAL SOCIAL SERVICE DISTRICTS TO ASSIST
WITH REPORTING ON THE TOTAL NUMBER OF CHILDREN IN FOSTER CARE. BUT I
NOTICE THAT THIS BILL DOES NOT PROVIDE ANY SUCH FUNDING.
SO, I DO THINK THAT IT IS A PRETTY EXHAUSTIVE LIST OF
THINGS THAT WOULD BE REQUIRED TO BE REPORTED, AND MUCH LIKE I -- I
COMMENTED ON AN EARLIER DEBATE WITH THE SPONSOR OF A DIFFERENT
REPORTING KIND OF BILL, I DO THINK THAT, OF COURSE, IT IS ABSOLUTELY
NECESSARY THAT WE UNDERSTAND HOW MANY CHILDREN ARE IN FOSTER CARE.
SOME OF THE OTHER THINGS THAT ARE PART OF THIS BILL THAT ARE GOING TO BE
REQUIRED I THINK MIGHT BE GOING MAYBE A LITTLE TOO FAR, BUT -- I MEAN I --
I WILL SUPPORT THIS, I JUST THINK THAT, YOU KNOW, I THINK WE JUST HAVE TO
BE CAREFUL WHEN WE'RE DOING THESE REPORT BILLS THAT THIS IS INFORMATION
THAT'S NOT JUST DUPLICATIVE, IT'S NOT JUST AN ADDITIONAL MANDATE OR BURDEN
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NYS ASSEMBLY JULY 22, 2020
THAT WE'RE PUTTING ON OUR LOCAL SOCIAL SERVICES DISTRICTS BECAUSE AS -- AS
I STATED EARLIER -- EVEN EARLIER TODAY, I JUST THINK IT'S VERY IMPORTANT THAT
WITH THE LIMITED RESOURCES THAT OUR DEPARTMENTS OF SOCIAL SERVICES
HAVE, I'D RATHER SEE THEM TAKE THEIR TIME AND THEIR ENERGY INTO ACTUALLY
PROVIDING SERVICES THAN IN HAVING TO FILL OUT REPORTS. BUT I WILL BE
SUPPORTING THE BILL AND I THANK THE SPONSOR.
ACTING SPEAKER JONES: MR. EPSTEIN.
MR. EPSTEIN: JUST ON THE BILL. I JUST WANT TO JUST
GIVE A LITTLE BIT MORE INFORMATION ABOUT THE BILL. THIS -- SO THAT WE
WOULD NEED TO KNOW THE TOTAL NUMBER OF CHILDREN WHO ARE PLACED INTO
CARE AND THE -- AND WILL HAVE THAT INFORMATION OVER TIME. IT WILL BE
CUMULATIVE INFORMATION, SO WE'LL KNOW QUARTER-BY-QUARTER AFTER THE
FIRST YEAR OF THE REPORTING, YOU KNOW, WHETHER THEY'RE VOLUNTARY
PLACEMENTS OR THEY'RE REMOVAL FROM PARENTS DUE TO SOME KIND OF
FAMILY COURT ACT. WILL, YOU KNOW -- NEEDS -- SPECIAL NEEDS, ARE THERE
SERVICES RECEIVED BY THESE CHILDREN? AND MAYBE THESE CHILDREN HAVE
BEEN PREVIOUSLY PLACED IN CARE AND THAT AGENCIES THAT THEY'RE BEING
PLACED WITH AND WHAT PREVENTATIVE SERVICES ARE AVAILABLE, EITHER THEY'RE
IN A RESIDENTIAL TREATMENT PROGRAM OR OTHER GROUP HOME. THIS SERVICE
REPORT WILL HAPPEN IN DECEMBER OF 2021 AND THEN QUARTERLY AFTER THAT.
AND SO, WHY IS THIS INFORMATION? THIS INFORMATION IS
IMPORTANT BECAUSE THIS IS IMPORTANT INFORMATION FOR US AS A
GOVERNMENT TO HAVE. IT'S ALSO IMPORTANT TO KNOW AS THE MAKING OF THIS
PUBLICLY AVAILABLE SO THE PUBLIC WILL KNOW HOW WE ARE DOING WITH OUR
FOSTER CARE POPULATION. AND THEN, AND AS WE CONTINUE TO LOOK FOR
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RESOURCES, THIS WILL BE GOOD TO FIGURE OUT HOW WE NEED TO PROVIDE
RESOURCES.
FOSTER CARE IS A REALLY DIFFICULT TIME IN PEOPLE'S LIVES.
I, EARLIER IN MY CAREER, I WAS A FOSTER CARE WORKER IN THE SOUTH BRONX
IN THE EARLY '90S AND THE ISSUES THAT THE YOUNG PEOPLE WERE
EXPERIENCING WERE REALLY TRAUMATIC AND WE NEED ADDITIONAL SUPPORT
AND RESOURCES. AND THE GOAL THERE IS WITH THE DATA, WITH THE
INFORMATION, WE WILL BE ABLE TO PROVIDE THE SUPPORT THE FOSTER CARE
AGENCIES NEED AND THE FOSTER CARE FAMILIES NEED TO BRING THEIR LIVES
TOGETHER. AND THAT'S CRITICALLY WHAT WE WANT. WE WANT KIDS TO GO
HOME, WE WANT KIDS TO BE WITH THEIR FAMILIES, WE DON'T WANT KIDS
SEPARATED FROM THEIR PARENTS WHETHER THEY'RE IN FEDERAL CARE OR STATE
CARE. WE WANT TO REUNITE FAMILIES AND THIS DATA REPORTING BILL WILL HELP
US GET THERE.
I WANT TO THANK MY COLLEAGUES, I WANT TO THANK
PROGRAM AND COUNSEL STAFF FOR HELPING US GET THIS BILL. AND I
ENCOURAGE MY COLLEAGUES TO SUPPORT THIS BILL BECAUSE I THINK IT'S A
CRITICAL PIECE OF INFORMATION WE NEED. THANK YOU ALL.
ACTING SPEAKER JONES: THANK YOU, MR.
EPSTEIN.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 221. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
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NYS ASSEMBLY JULY 22, 2020
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. A02644, RULES REPORT
NO. 222, LAVINE. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
PROHIBITING PRIVATE INDIVIDUALS OR ENTITIES TO PAY FOR THE ADMINISTRATIVE
EXPENSES ASSOCIATED WITH THE CONDUCT OF A REFERENDUM.
ACTING SPEAKER JONES: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER JONES: ON THE BILL.
MR. RA: THANK YOU. FOR MY COLLEAGUES, YOU KNOW,
THIS -- THIS BILL -- AND I -- I WOULD SAY I SUPPORT THE INTENT, BUT NOT THE
WAY, YOU KNOW, WE'RE GOING ABOUT IT HERE.
SO, YEARS BACK ON LONG ISLAND, THERE WAS A PUBLIC
REFERENDUM THAT -- THAT WENT OUT AND THIS STEMS FROM THAT SITUATION
BECAUSE, YOU KNOW, THE VOTERS WERE GOING TO HAVE THE OPPORTUNITY TO
APPROVE, YOU KNOW, AN EXPENDITURE OF -- OF PUBLIC FUNDS, BUT IT ALSO
WAS GOING TO BE A BENEFIT TO A PRIVATE ORGANIZATION. AND THE OFFER WAS
MADE THAT THEY WOULD PAY FOR THE COST OF THAT REFERENDUM. AND A
COUNTY THE SIZE OF NASSAU COUNTY, IT'S A LARGE NUMBER OF -- OF VOTERS
AND HAVING A REFERENDUM REQUIRES STAFFING POLLING SITES AND BRINGING
OUT ALL THE, YOU KNOW, VOTING MACHINES AND COUNTING ALL THE VOTES AND
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NYS ASSEMBLY JULY 22, 2020
EVERYTHING THAT WE'RE -- WE'RE USED TO SEEING IN ANY ELECTION. AND I
THINK AT SOME LEVEL, IT'S FAIR TO SAY IF A PRIVATE ENTITY -- ENTITY IS GOING
TO BENEFIT, PERHAPS THEY SHOULD PAY FOR THE COURSE -- COST OF
REIMBURSING THE MUNICIPALITY FOR THE COST.
THE PROBLEM WITH THAT PARTICULAR SITUATION WAS THE
AGREEMENT WAS WE WILL PAY FOR IT IF IT PASSES AND WE GET THE BENEFIT. IT
ENDED UP FAILING AND THE COUNTY, YOU KNOW, HAD -- HAD TO PAY THE COST.
SO, IF THIS WAS A BILL THAT SAID THAT THE PRIVATE ENTITY COULDN'T CONDITION
PAYING THE COST OR COULDN'T CONDITION REIMBURSING THE MUNICIPALITY ON
GETTING A SUCCESSFUL RESULT THEY LIKE, I WOULD BE ONE HUNDRED PERCENT
SUPPORTIVE OF THAT. I THINK THAT MAKES SENSE, THAT, YOU KNOW, IT
SHOULDN'T BE, TAXPAYERS, YOU'RE ON THE HOOK IF I DON'T -- IF I DON'T GET
MY BENEFIT, BUT IF I DO I'LL -- I'LL PAY FOR IT. BUT THAT'S NOT WHAT THIS BILL
DOES. THIS BILL WOULD COMPLETELY MAKE IT NOT LEGAL TO HAVE THAT PRIVATE
ENTITY PAY THE COSTS OF THE REFERENDUM. AND -- AND I THINK IF A PRIVATE
ENTITY IS GETTING A BENEFIT, YOU KNOW, IT -- THERE SHOULD BE THE ABILITY
WHEN YOU HAVE SOME TYPE OF PROJECT THAT DOES HAVE TO GO OUT TO A
PUBLIC VOTE, THAT THE MUNICIPALITY CAN PERHAPS HAVE THAT CONVERSATION
WITH THE DEVELOPER AND SAY, LISTEN, WE HAVE TO PUT THIS OUT FOR A VOTE,
IT COSTS X, AND MAYBE AS PART OF THE NEGOTIATION WE WOULD LIKE YOU TO
AGREE TO REIMBURSE THE COUNTY FOR THE COSTS OF CONDUCTING THAT
REFERENDUM. I THINK -- I THINK IT'S FAIR THAT -- THAT THERE WOULD BE -- THAT
SHOULD BE ABLE TO HAPPEN. I -- I DON'T THINK THIS APPROACH WHERE THAT
COULDN'T HAPPEN IS -- IS THE RIGHT ONE.
AGAIN, I WOULD SUPPORT LEGISLATION THAT SAID YOU CAN
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NYS ASSEMBLY JULY 22, 2020
PAY REGARDLESS OF THE OUTCOME, NOT WITH THE CONDITION PAYING, YOU
KNOW, WHETHER -- WHETHER IT'S TO YOUR BENEFIT OR NOT. THAT WAS THE
PROBLEM IN THE INSTANCE THAT THIS AROSE FROM. I DON'T THINK THAT THE
GENERAL IDEA OF -- OF THE PRIVATE ENTITY PAYING IS -- IS THE PROBLEM. SO,
I -- I THANK, YOU KNOW, THE SPONSOR FOR PUTTING THIS FORWARD AGAIN. I,
YOU KNOW, CERTAINLY UNDERSTAND HIS -- HIS INTENT, BUT -- BUT I THINK
THERE'S -- THERE'S A BETTER WAY TO DO THIS THAT BOTH CAN PRODUCTING --
PROTECT THE INTEGRITY OF THE -- THE PROCESS OF PUTTING OUT THAT
REFERENDUM, BUT ALSO RECOGNIZE THE FACT THAT A PRIVATE ENTITY IS GETTING A
BENEFIT AND THAT THEY MIGHT BE ABLE TO THEN PAY THE COSTS OR REIMBURSE
THE COSTS TO THE TAXPAYERS. SO, I'LL BE CASTING MY VOTE IN THE NEGATIVE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER JONES: THANK YOU, MR. RA.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 222. THIS IS A PARTY VOTE. ANY MEMBER
WISHING 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 VERY MUCH, MR.
SPEAKER. THE REPUBLICAN CONFERENCE WILL BE GENERALLY OPPOSED TO
THIS BILL. IF THERE ARE THOSE WITHIN THE REPUBLICAN CONFERENCE THAT
WOULD LIKE TO SUPPORT IT, PLEASE CONTACT THE MINORITY OFFICE SO WE CAN
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NYS ASSEMBLY JULY 22, 2020
PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.
ACTING SPEAKER JONES: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE IN SUPPORT OF THIS
LEGISLATION. THOSE WHO DESIRE NOT TO BE IN SUPPORT SHOULD FEEL FREE TO
CONTACT OUR OFFICES AND WE WILL RECORD YOUR VOTE IN ACCORDANCE.
ACTING SPEAKER JONES: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. LAVINE AS TO EXPLAIN HIS VOTE.
MR. LAVINE: THANK YOU, MR. SPEAKER. SO,
WELL-FINANCED INDIVIDUALS AND -- ENTITIES, ASSOCIATIONS, CORPORATIONS,
BUSINESSES SHOULDN'T BE ABLE TO BUY ELECTIONS. THIS LEGISLATION ENSURES
A FAIR AND AN EQUITABLE BALLOT PROCESS THAT PREVENTS SPECIAL INTERESTS
FROM PLACING COUNTLESS REFERENDUMS BEFORE VOTERS BECAUSE THEY ARE
ABLE TO FINANCE THE ELECTIONS. IT ALSO PREVENTS GOVERNMENTAL ENTITIES
AND MUNICIPALITIES FROM FORCING PRIVATE PEOPLE TO PAY FOR THE COSTS
ASSOCIATED WITH ELECTIONS. IN 2011, NASSAU COUNTY'S THEN COUNTY
EXECUTIVE, WHO NOW, ALONG WITH HIS WIFE, AWAITS SENTENCE FOR FEDERAL
CORRUPTION CHARGES "PERSUADED", QUOTE/UNQUOTE, PERSUADED A DEVELOPER
TO ENTER INTO AN ARRANGEMENT TO CALL FOR AN ELECTION FOR A HALF A BILLION
-- NEARLY HALF A BILLION DOLLAR BOND TO RENOVATE THE NASSAU COLISEUM. I
DOUBT VERY, VERY MUCH THAT THAT DEVELOPER OFFERED TO DO THIS OF HIS OWN
FREE WILL. THIS WAS SOMETHING THAT THE -- THAT COUNTY EXECUTIVE
WANTED.
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NYS ASSEMBLY JULY 22, 2020
NOW, THE ARGUMENT HAS BEEN MADE THAT THE INTENT IS
GOOD HERE, BUT THE PROCESS WE'RE GOING ABOUT IS WRONG. WELL, BUYING
ELECTIONS IS WRONG AND FORCING PRIVATE DEVELOPERS TO PAY FOR ELECTIONS
IS WRONG. I SPENT YEARS AS COUNSEL TO AN I -- AN INDUSTRIAL DEVELOPMENT
AGENCY AND A COMMUNITY DEVELOPMENT AGENCY, AND IF ANYONE HAD
EVER SUGGESTED THAT I, AS COUNSEL, OFFER A DEAL TO A DEVELOPER, HEY, YOU
PAY FOR THE ELECTION AND IF YOU -- IF YOU WIN THE ELECTION, IF YOU GET --
GET THE GRANT, IF YOU GET THE BOND, THEN HEH, I'LL PAY FOR THE ELECTION.
AND IF YOU LOSE, YOU PAY. THAT'S CYNICISM. THAT'S NO WAY TO RUN A
GOVERNMENT. MY VOTE IS IN THE AFFIRMATIVE.
ACTING SPEAKER JONES: MR. LAVINE IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICAN MEMBERS VOTING IN THE AFFIRMATIVE FOR THIS
LEGISLATION: MR. NORRIS, MR. SMULLEN, MR. FITZPATRICK, MR. MILLER -
THAT WOULD BE BRIAN MILLER - AND MR. MONTESANO. THANK YOU, SIR.
ACTING SPEAKER JONES: SO NOTED, MR.
GOODELL.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: SENATE NO. S01714, RULES REPORT NO.
224, SENATOR BROOKS (ASSEMBLY NO. A03343, RULES REPORT NO. 224,
ZEBROWSKI). AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
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NYS ASSEMBLY JULY 22, 2020
VIOLATIONS OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE.
ACTING SPEAKER JONES: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER JONES: ON THE BILL.
MR. GOODELL: THIS BILL IS PRETTY STRAIGHTFORWARD.
IT SAYS WHERE A BUILDING HAS BEEN ALTERED IN VIOLATION OF THE UNIFORM
BUILDING CODE OR ANY SIMILAR ORDER IN A WAY THAT BLOCKS ACCESS OR
EGRESS FROM THE BUILDING IN THE EVENT OF A FIRE EMERGENCY, THE OWNER OF
THE BUILDING WHO HAS KNOWLEDGE OF THAT VIOLATION OR ALTERATION OR
SHOULD HAVE THAT KNOWLEDGE, IS SUBJECT TO A FINE OF UP TO $7,500.
THE CONCERN THAT HAS BEEN EXPRESSED TO US AND IS A
CONCERN FOR MANY OF US IS THAT IT PLACES ONE HUNDRED PERCENT OF ANY
LIABILITY ON AN OWNER WITHOUT RECOGNIZING THAT THESE ALTERATIONS MAY
HAVE BEEN MADE BY A TENANT IN VIOLATION OF A LEASE. AND THIS LANGUAGE
GOES ON TO SAY THAT THE OWNER DOESN'T HAVE TO HAVE ACTUAL KNOWLEDGE,
IT'S IF THE OWNER "SHOULD" HAVE KNOWLEDGE. AND SO, WE HAVE A
SITUATION WHERE A TENANT MIGHT VIOLATE THE TERMS AND CONDITIONS OF THE
LEASE, MAKE AN UNAUTHORIZED ALTERATION IN THE BUILDING WHICH RESULTS,
UNFORTUNATELY, IN BLOCKING EGRESS, AND THE OWNER WHO HAS NO ACTUAL
KNOWLEDGE IS FACING A $7,500 FINE.
THE CONCEPT OF HAVING A SIGNIFICANT FINE IF YOU VIOLATE
THE BUILDING AND SAFETY CODES AND CREATE A SERIOUS HEALTH RISK IS A
CONCEPT THAT WE ALL SUPPORT, BUT I THINK IT'S IMPORTANT THAT THE STATUTORY
LANGUAGE THAT WE VOTE ON PLACES THE LIABILITY ON THE PERSON WHO
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NYS ASSEMBLY JULY 22, 2020
VIOLATES THE LAW AND NOT NECESSARILY ON THE OWNER WHO MAY NOT
ACTUALLY HAVE ACTUAL KNOWLEDGE. FOR THAT REASON, I WILL BE VOTING
AGAINST IT AND, CERTAINLY, SOME OF MY COLLEAGUES WILL, AS WELL. THANK
YOU, MR. SPEAKER.
(PAUSE)
ACTING SPEAKER JONES: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 224. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO -- 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, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY IN OPPOSITION, BUT CERTAINLY ANYONE WHO
WOULD LIKE TO VOTE FOR THIS SHOULD CONTACT THE MINORITY LEADER'S OFFICE
AND ADVISE THEM. THANK YOU, SIR.
ACTING SPEAKER JONES: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE
ON THIS BILL. WE WOULD ASK COLLEAGUES WHO WOULD CHOOSE NOT TO VOTE
WITH US ON IT TO PLEASE CONTACT THE OFFICE AND WE WILL RECORD YOUR VOTE
AS REQUESTED.
ACTING SPEAKER JONES: THANK YOU.
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NYS ASSEMBLY JULY 22, 2020
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD MR. GARBARINO AS VOTING YES ON THIS BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. CRYSTAL PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WE WILL
CONTINUE OUR WORK ON OUR DEBATE LIST. WE ARE GOING TO GO TO RULES
REPORT NO. 225 BY MRS. BARRETT; 230, MS. WEINSTEIN; 236, MS.
WOERNER; 241, MR. PICHARDO. AND ON OUR MAIN CALENDAR WE WILL GO TO
RULES REPORT NO. 174 BY MS. HYNDMAN. IN THAT ORDER, MR. SPEAKER.
THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04077-A, RULES
REPORT NO. 225, BARRETT, ORTIZ, COLTON, L. ROSENTHAL, GOTTFRIED, STECK,
OTIS. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN
RELATION TO THE REMOVAL OF SPECIES FROM THE ENDANGERED AND
THREATENED SPECIES LIST.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MRS. BARRETT.
MRS. BARRETT: EXPLANATION. THANK YOU, MR.
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NYS ASSEMBLY JULY 22, 2020
SPEAKER. CURRENTLY, THERE ARE PRIMARILY TWO WAYS THAT A SPECIES GETS
ADDED TO THE STATE'S ENDANGERED SPECIES LIST. ONE OF THOSE IS THAT
THEY'RE ADDED AT THE FEDERAL LEVEL AND AUTOMATICALLY BECOME PART OF THE
-- OF THE STATE-LEVEL ENDANGERED SPECIES LIST. AND TWO, IS THAT THE
DEC COMMISSIONER HAS THE AUTHORITY TO DESIGNATE SPECIES. THIS
LEGISLATION WOULD SIMPLY ALLOW THE ENDANGERED SPECIES DESIGNATION BY
THE FEDERAL GOVERNMENT TO REMAIN ON THE STATE'S ENDANGERED SPECIES
LIST EVEN IF IT'S REMOVED BY THE FEDERAL GOVERNMENT UNTIL THE DEC
COMMISSIONER HIM OR HERSELF MAKES THAT CALL.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MRS. BARRETT, WILL
YOU YIELD?
MRS. BARRETT: YES.
ACTING SPEAKER AUBRY: MRS. BARRETT YIELDS.
MR. GOODELL: THANK YOU, MRS. BARRETT. THE
REASON WE ASKED FOR AN OPPORTUNITY TO ASK YOU A COUPLE OF QUESTIONS IS
BECAUSE THE LANGUAGE OF THIS BILL PROVIDES THAT ANY ENDANGERED OR
THREATENED SPECIES AS SO DESIGNATED BY THE SECRETARY OF THE INTERIOR
SHALL BE SUBJECT TO THE STATE'S RESTRICTIONS REGARDLESS OF THE REMOVAL.
AND IN YOUR EXPLANATION YOU SEEMED TO INDICATE THAT WHAT YOU MEANT
WAS THAT THE REMOVAL ON THE FEDERAL LEVEL WOULD NOT AUTOMATICALLY
REMOVE IT FROM THE STATE, EVEN THOUGH THE LANGUAGE OF THE BILL SUGGESTS
THAT IT SHALL STAY ON. CAN YOU CLARIFY THAT?
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NYS ASSEMBLY JULY 22, 2020
MRS. BARRETT: WELL, THE CURRENT -- UNDER CURRENT
LAW IF A SPECIES IS TAKEN OFF THE FEDERAL LIST IT'S AUTOMATICALLY TAKEN OFF
THE DEC LIST AS WELL, AND SO THIS LEGISLATION ALLOWS THE DEC
COMMISSIONER DISCRETION TO KEEP IT ON.
MR. GOODELL: WOULD THE DEC COMMISSIONER
ALSO HAVE THE DISCRETION TO REMOVE IT?
MRS. BARRETT: YES.
MR. GOODELL: SO IT IS YOUR INTENT, IF YOU WILL, THAT
WHAT HAPPENS ON THE FEDERAL LEVEL IS NOT AUTOMATICALLY FOLLOWED BY THE
STATE. IT COULD BE, BUT IT DOESN'T HAVE TO BE. IS THAT CORRECT?
MRS. BARRETT: YES, IN TERMS OF THE REMOVAL. IF --
IF IT'S INCLUDED AT THE FEDERAL LEVEL IT AUTOMATICALLY IS INCLUDED AT THE
STATE LEVEL. BUT THE REMOVAL BY THE FEDERAL -- AT THE FEDERAL LEVEL
DOESN'T AUTOMATICALLY MAKE IT REMOVED AT THE STATE LEVEL.
MR. GOODELL: NOW AS YOU KNOW, THE FEDERAL
GOVERNMENT INCLUDES ON ITS ENDANGERED SPECIES LIST A NUMBER OF
SPECIES THAT WOULD NEVER NORMALLY APPEAR IN NEW YORK EVER BECAUSE
THEY HAVE A LIMITED RANGE OR A HABITAT OR OTHER GEOGRAPHICAL LIMITATION.
IS THERE ANY REASON WHY A SPECIES THAT WOULD NEVER NORMALLY BE IN
NEW YORK ANYWAY SHOULDN'T AUTOMATICALLY BE REMOVED IF IT'S REMOVED
FROM THE FEDERAL ENDANGERED SPECIES LIST?
MRS. BARRETT: YES. IN FACT, THERE IS A GOOD
REASON, AND THAT IS BECAUSE THE LAW STATES THE TAKING, IMPORTATION,
TRANSPORTATION, POSSESSION OR SALE OF ANY ENDANGERED OR THREATENED
SPECIES OF FISH, SHELLFISH, CRUSTACEA, WILDLIFE OR HIDES OR OTHER PARTS
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NYS ASSEMBLY JULY 22, 2020
THEREOF, OR THE SALE OR POSSESSION WITH INTENT TO SELL ANY ARTICLE MADE IN
WHOLE OR IN PART FROM THE SKIN, HIDE OR OTHER PARTS OF ANY ENDANGERED
OR THREATENED SPECIES, ET CETERA, EXCEPT UNDER LICENSE. SO IT'S NOT JUST A
GIRAFFE IN MANHATTAN OR IN CHAUTAUQUA OR SOMETHING LIKE THAT. IT'S
ABOUT THE PARTS AND IT'S ABOUT THE -- THE MARKETING AND THE PROCESSING
OF THESE PARTS.
MR. GOODELL: WELL, CERTAINLY IN CHAUTAUQUA
COUNTY WE LOVE GIRAFFES. I -- IT'S ACTUALLY ONE OF MY WIFE'S FAVORITE
ANIMALS, AND SO WE HAD A (UNINTELLIGIBLE) COME OUT.
MRS. BARRETT: I LIKE THEM, TOO. THEY STICK THEIR
NECK OUT.
MR. GOODELL: INDEED. BUT DON'T WE ALL
SOMETIMES. BUT IF THE FEDERAL GOVERNMENT MAKES THE DETERMINATION
THAT THAT PARTICULAR SPECIES IS NO LONGER ENDANGERED, CERTAINLY, THEIR
EXPERTISE IS FAR GREATER THAN OUR OWN DEC'S EXPERTISE AS IT RELATES TO
INTERNATIONAL OR MULTINATIONAL ISSUES. WOULD YOU AGREE?
MRS. BARRETT: NOT NECESSARILY BECAUSE I THINK I
CAN GIVE YOU A VERY SPECIFIC EXAMPLE FROM MY REGION, THE ATLANTIC
STURGEON, WHICH HAS MADE THE HUDSON RIVER ITS HOME FOR A VERY LONG
TIME. AND INDUSTRIAL ACTIVITY AND RESOURCE EXTRACTION HAVE MADE IT AN
ENDANGERED FISH IN THIS AREA, BUT OTHER VERSIONS OF THE ATLANTIC
STURGEON ARE IN THE CHESAPEAKE BAY OR THE GULF OF MEXICO AND
ELSEWHERE, AND IT'S POSSIBLE THAT, SAY, THE SECRETARY OF THE INTERIOR
COULD CONCLUDE THAT THE FISH IS ALREADY PROTECTED AND -- AND -- AND IS
SUCCESSFUL AND FLOURISHING ENOUGH, BUT IT STILL NEEDS PROTECTING IN NEW
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NYS ASSEMBLY JULY 22, 2020
YORK STATE. SO I THINK -- I THINK THERE ARE TIMES WHEN WE NEED THE
DISCRETION TO BE ABLE TO MAKE OUR OWN CALL.
MR. GOODELL: THANK YOU VERY MUCH, MRS.
BARRETT.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: I VERY MUCH APPRECIATE MY
COLLEAGUE'S CLARIFICATION OF THIS LANGUAGE BECAUSE I WAS A LITTLE
CONCERNED WHEN I READ IT THAT ONCE ON THE ENDANGERED SPECIES LIST IN
NEW YORK YOU COULD NEVER, EVER TAKE THE SPECIES OFF. AND MY
COLLEAGUE -- MY COLLEAGUE MADE IT QUITE CLEAR, AS PART OF THE LEGISLATIVE
RECORD, THAT THE REAL INTENT OF THIS BILL IS THAT THE DEPARTMENT OF
CONSERVATION [SIC] WOULD RETAIN INDEPENDENT AUTHORITY TO EVALUATE
WHETHER ANY PARTICULAR SPECIES SHOULD BE REMOVED FROM THE NEW YORK
ENDANGERED SPECIES LIST AFTER IT WAS REMOVED FROM THE FEDERAL
ENDANGERED SPECIES LIST.
AND WITH THAT CLEAR UNDERSTANDING THAT WE ARE REALLY
JUST SIMPLY DELEGATING MORE AUTHORITY TO OUR DEC COMMISSIONER AND
MAKE THAT INDEPENDENT EVALUATION, I WILL BE SUPPORTING THIS LEGISLATION.
AND AGAIN, I THANK MY COLLEAGUE FOR THOSE CLARIFICATIONS.
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 RULES REPORT NO. 225. THIS IS A FAST ROLL CALL. ANY
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NYS ASSEMBLY JULY 22, 2020
MEMBER WISHING 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: THANK YOU, SIR. PLEASE RECORD MR.
BRABENEC AS VOTING NO ON THIS LEGISLATION.
THANK YOU, SIR.
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: SENATE NO. S04408, RULES REPORT NO.
230, SENATOR GOUNARDES (A05627, WEINSTEIN, MOSLEY, JAFFEE, ABBATE,
COLTON, CYMBROWITZ, GALEF, ZEBROWSKI, JOYNER, ORTIZ, GLICK,
DINOWITZ, CARROLL, D'URSO, STECK, HYNDMAN, VANEL, RICHARDSON,
AUBRY, WEPRIN, SEAWRIGHT, ABINANTI, WALLACE, CAHILL, BURKE, TAYLOR).
AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO THE REGULATION
OF DEFAULT AND FORECLOSURE OF REVERSE MORTGAGES ISSUED UNDER THE
FEDERAL HOME EQUITY CONVERSION MORTGAGE FOR SENIORS PROGRAM.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THIS BILL PROVIDES VARIOUS STATUTORY
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NYS ASSEMBLY JULY 22, 2020
RESTRICTIONS AND REQUIREMENTS THAT APPLY TO REVERSE MORTGAGES. AND FOR
THOSE WHO AREN'T FAMILIAR WITH A REVERSE MORTGAGE, BASICALLY WHAT
HAPPENS IS THE LENDER ON THE REVERSE MORTGAGE GIVES MONTHLY PAYMENTS
TO THE HOMEOWNERS, UP TO A CERTAIN DESIGNATED VALUE OF THE PROPERTY.
THERE'S NO OBLIGATION FOR THE HOMEOWNER TO REPAY THAT ADVANCE, IF YOU
WILL. BUT UPON THE PASSING, THE DEATH OF THE HOMEOWNER, THE PROPERTY
THEN IS OWNED BY THE LENDER. AND THAT'S WHY IT'S CALLED A REVERSE
MORTGAGE. THEY'RE ADVANCING THE PAYMENTS ALMOST IN THE REVERSE
ORDER THAT YOU WOULD NORMALLY MAKE PAYMENTS. AND IT'S A PRODUCT,
FINANCIAL PRODUCT, THAT SOMETIMES SENIOR CITIZENS WHO HAVE A LOT OF
PROPERTY BUT NOT A LOT OF CASH CAN APPRECIATE BECAUSE THEY'RE UNDER NO
OBLIGATION TO REPAY THE ADVANCES AS LONG AS THEY'RE ALIVE. AND THEN
TYPICALLY, THE LENDER WILL BACK THE POLICIES WITH A LIFE INSURANCE POLICY
OR SOME OTHER SECURITY. BUT A TYPICAL REVERSE MORTGAGE REQUIRES THE
HOMEOWNER WHO IS RESIDING IN THE HOUSE TO KEEP THE HOUSE INSURED SO
IF -- IF THERE'S A FIRE OR OTHER CASUALTY THERE'S INSURANCE COVERAGE, AND TO
PAY THE PROPERTY TAXES SO THAT THE HOUSE DOESN'T GO INTO FORECLOSURE
DURING THAT TIME PERIOD. AND A CONCERN HAS BEEN RAISED THAT
SOMETIMES A REVERSE MORTGAGE LENDER, THE CONCERN IS THAT THEY MIGHT
MAKE THOSE PAYMENTS FOR PROPERTY TAXES OR INSURANCE IN ADVANCE,
BEFORE THEY'RE PAST DUE, AND THEN USE THAT ADVANCE AS A JUSTIFICATION FOR
A DEFAULT. THE CONCERN THAT I HAVE ON THIS LEGISLATION IS THIS LEGISLATION,
BY STATUTE, STATES THAT NO AUTHORIZED LENDER SHALL MAKE AN ADVANCE
PAYMENT AND SPECIFICALLY SHALL NOT MAKE AN ADVANCE PAYMENT FOR
MORTGAGE INSURANCE PREMIUM, HOMEOWNER'S INSURANCE PREMIUM OR REAL
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NYS ASSEMBLY JULY 22, 2020
PROPERTY TAXES RELATED TO THE PROPERTY, AND CAN ONLY PAY THOSE
PREMIUMS OR TAXES WHICH ARE IN ARREARS. SO THIS BILL WOULD SAY THAT THE
ONLY TIME THE LENDER CAN PAY THE HOMEOWNER'S INSURANCE OR THE TAXES
WOULD BE IN THOSE SITUATIONS WHEN THOSE PAYMENTS ARE IN ARREARS. AND
THE PROBLEM WITH THAT IS THAT IF YOUR HOMEOWNERS INSURANCE GOES INTO
ARREARS, YOU RUN THE RISK THAT THE INSURANCE COMPANY WILL CANCEL
COVERAGE. AND SO IF WE, BY LAW, MAKE IT ILLEGAL FOR THE LENDER TO MAKE
SURE THAT THE INSURANCE PREMIUM IS CURRENT, WE PLACE BOTH THE LENDER
AND THE HOMEOWNER AT GREAT RISK IF THE HOMEOWNER FOR SOME REASON IS
FACING CASH FLOW ISSUES AND DOESN'T MAKE THAT PAYMENT. AND ALL OF US
WHO PAY PROPERTY TAXES KNOW HOW IMPORTANT IT IS TO PAY THEM ON TIME.
THERE'S A 1 PERCENT PER MONTH INTEREST CHARGE ON YOUR PROPERTY TAXES,
AND IF THEY GO INTO ARREARS THERE'S A HUGE PENALTY. AND SO IF WE, BY
STATUTE, SAY THAT THE REVERSE MORTGAGE LENDER CAN ONLY PAY THE PROPERTY
TAXES AFTER THEY GO INTO ARREARS, WE ARE GUARANTEEING HIGH PENALTIES ON
THOSE TAXES. NOW, I APPRECIATE VERY MUCH MY COLLEAGUE'S DESIRE TO
PROTECT HOMEOWNERS FROM REVERSE MORTGAGE LENDERS WHO ARE USING THIS
ADVANCE PAYMENT AS AN EXCUSE. BUT RATHER THAN PROHIBIT THE PAYMENT
OF PROPERTY INSURANCE OR TAXES BEFORE THEY'RE IN ARREARS, A BETTER
APPROACH FOR BOTH THE HOMEOWNER AND FOR THE REVERSE MORTGAGE LENDER
WOULD BE TO ALLOW THOSE PREMIUMS AND TAXES TO BE PAID ON TIME, BUT
GUARANTEE THAT THE HOMEOWNER HAS A GRACE PERIOD TO REPAY THOSE.
AND SO THIS LANGUAGE I WILL RECOMMEND THAT WE VOTE
AGAINST, BUT I WOULD ENCOURAGE THE SPONSOR TO CONSIDER A DIFFERENT
APPROACH THAT ADDRESSES THE SAME ISSUE AND ENABLES THE HOMEOWNER TO
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NYS ASSEMBLY JULY 22, 2020
HAVE A GRACE PERIOD TO REPAY THE REVERSE MORTGAGE LENDER WHILE STILL
ALLOWING THE REVERSE MORTGAGE LENDER TO MAKE SURE THE PROPERTY
INSURANCE NEVER LAPSED, AND THAT THE HOMEOWNER DOESN'T FACE LARGE TAX
PENALTIES. SO I APPRECIATE THE DESIRE, BUT I THINK THERE'S A BETTER
APPROACH THAT WOULD BE BETTER FOR BOTH PARTIES.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 230. THIS IS A PARTY VOTE. ANY MEMBER
WISHING 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, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY VOTING NO, BUT I ENCOURAGE ANY MEMBER
THAT WOULD LIKE TO VOTE YES TO CONTACT THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MS. HYNDMAN.
MS. HYNDMAN: THIS IS A MAJORITY VOTE IN THE
AFFIRMATIVE. ANY MEMBER WISHING TO VOTE NO SHOULD CONTACT THE
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NYS ASSEMBLY JULY 22, 2020
MAJORITY LEADER'S OFFICE AT THE DESIGNATED PHONE NUMBER.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
HYNDMAN.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: SENATE NO. S05421-A, RULES REPORT
NO. 236, SENATOR RAMOS (A07498-A, WOERNER, DICKENS, MCDONALD,
D'URSO, BRABENEC, DESTEFANO, GOTTFRIED, BARRON, LUPARDO, JONES). AN
ACT TO AMEND THE WORKERS' COMPENSATION LAW, IN RELATION TO INCLUDING
COVERAGE OF TREATMENT RENDERED BY A MASSAGE THERAPIST.
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 THIS BILL WOULD AMEND THE WORKERS'
COMPENSATION LAW TO ALLOW FOR A FEE SCHEDULE TO BE ESTABLISHED FOR
PAYMENT FROM FOR MASSAGE THERAPY SERVICES RENDERED TO AN INJURED
EMPLOYEE. AND THIS IS A BILL THAT WE'VE TALKED ABOUT FOR A COUPLE OF
YEARS AND VOTED ON. SO I THINK IF I HAD TO SUMMARIZE WHAT THE PRIMARY
CONCERN IS THAT'S BEEN EXPRESSED REGARDING THE BILL, IT IS COST. WE ALL
KNOW THAT -- I THINK WE ALL KNOW THAT OUR WORKERS' COMPENSATION
SYSTEM IN NEW YORK STATE IS ONE OF THE COSTLIEST IN THE ENTIRE NATION. I
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NYS ASSEMBLY JULY 22, 2020
THINK IT'S IN THE -- IN THE TOP FIVE MOST COSTLIEST. AND SO AT A TIME,
PARTICULARLY NOW, WHEN WE NEED TO BE WORKING EXTRA HARD TO TRY AND
FIND EFFICIENCIES, AND AT A TIME WHEN WE KNOW THAT OUR BUSINESS
CLIMATE IS VERY DIFFICULT, IT'S VERY HARD TO BE A BUSINESS IN NEW YORK
STATE AND WE DON'T WANT TO IMPOSE ADDITIONAL COSTS ON THOSE EMPLOYEES
-- THOSE EMPLOYERS. FOR THOSE REASONS, WE'VE HAD SOME OPPOSITION IN
THE PAST TO THE BILL FROM PLACES LIKE THE BUSINESS COUNCIL, AFL-CIO,
NFIB AND OTHERS. AND -- AND THAT'S BEEN THE PRIMARY KIND OF SUMMARY
OF WHAT THE OPPOSITION HAS BEEN. SO THIS WOULD -- JUST SO MY
COLLEAGUES KNOW, THIS WOULD ONLY ALLOW A LICENSED MASSAGE THERAPIST
TO DO IT. AND WE DO ALREADY UNDER THE WORKERS' COMPENSATION LAW
ALLOW THINGS LIKE ACUPUNCTURE, OCCUPATIONAL THERAPY, PHYSICAL THERAPY.
AND THOSE PHYSICAL THERAPISTS OR OCCUPATIONAL THERAPISTS MAY UTILIZE
MASSAGE AS PART OF THEIR TECHNIQUE IN WORKING WITH THE PATIENT. BUT
THE -- UNDER OUR CURRENT LAW WE DON'T HAVE AN ABILITY FOR A LICENSED
MASSAGE THERAPIST TO PROVIDE THOSE SAME SERVICES.
SO WITH ALL OF THAT BEING SAID, I WILL SAY THAT I HAVE
SUPPORTED THIS BILL IN THE PAST AND I WILL BE SUPPORTING IT AGAIN. AND
THE REASON IS THAT I REALLY DO BELIEVE THAT WHEN SOMEBODY IS IN
INTRACTABLE PAIN, WE HAVE TO LOOK AT ALTERNATIVE THERAPIES LIKE MASSAGE.
THEY COULD BE REALLY HELPFUL IN CONTROLLING PAIN, REDUCING ANXIETY.
AND IT COULD POTENTIALLY SAVE MONEY, IRONICALLY, BECAUSE IF YOU -- IF
YOU'RE PAYING FOR MASSAGE THERAPY SERVICES, YOU MAY BE ABLE TO DELAY
OR EVEN ELIMINATE THE NEED FOR SURGERY FOR SOME PATIENTS.
SO FOR THOSE REASONS, I THINK THAT ALTHOUGH IT MAY --
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WE DON'T REALLY KNOW - AND THAT'S THE HARD THING ABOUT THIS BILL - WE
DON'T REALLY KNOW HOW MUCH OR TO WHAT EXTENT IT'S GOING TO INCREASE
COSTS ON EMPLOYERS, BUT I THINK THAT -- I THINK IT'S A REASONABLE ADDITION
AND ALTERNATIVE THAT WE SHOULD APPROVE UNDER THE WORKERS'
COMPENSATION LAW, AND FOR THAT REASON I'LL BE SPONSORING THIS BILL, BUT
SOME OF MY COLLEAGUES MAY NOT FOR THE REASONS STATED.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE -- ON
THE 30TH DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 236. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. WOERNER TO EXPLAIN HER VOTE.
MS. WOERNER: THANK YOU, MR. SPEAKER. MY
COLLEAGUE DID A WONDERFUL JOB EXPLAINING WHAT THE BILL DID, AND I
WOULD JUST ADD TO THIS THAT MASSAGE THERAPISTS ARE SMALL BUSINESSES.
AND FOR MANY YEARS THE WORKERS' COMP SYSTEM HAS RECOGNIZED THE
VALUE OF -- OF MASSAGE THERAPY AS A THERAPEUTIC MODALITY AND THERE HAS
BEEN A CODE FOR MASSAGE THERAPY PROVIDED IN A DOCTOR'S OFFICE. AND
WHEN THIS FIRST STARTED THAT WAS APPROPRIATE. BUT NOW MASSAGE
THERAPISTS, GENERALLY SPEAKING, PRACTICE IN THEIR OWN OFFICES AND HAVE
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SET UP THEIR OWN BUSINESSES AND ARE EMPLOYERS IN OUR COMMUNITIES.
AND THIS JUST GIVES THEM THE ABILITY TO PRACTICE THEIR PROFESSION, TO
PROVIDE RELIEF TO INJURED WORKERS IN -- IN THEIR OWN OFFICES.
SO I -- I HOPE ALL OF YOU WILL JOIN ME IN SUPPORTING
THIS GREAT BILL. THANK YOU.
ACTING SPEAKER AUBRY: MS. WOERNER IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
REPORT THE FOLLOWING REPUBLICAN MEMBERS IN THE NEGATIVE: MR. TAGUE,
MR. BLANKENBUSH, MR. FRIEND, MR. NORRIS, MR. MANKTELOW AND MR.
FITZPATRICK.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. SO NOTED,
SIR. THANK YOU.
ARE THERE ANY OTHER VOTES? ALL I CAN SAY IS, OH, MY
ACHING BACK.
(LAUGHTER)
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08147-A, RULES
REPORT NO. 241, PICHARDO, ORTIZ, DICKENS, DE LA ROSA, SIMON,
ARROYO, REYES, DESTEFANO, D'URSO, GLICK, GOTTFRIED, BARRON, NIOU,
JACOBSON. AN ACT TO AMEND THE WORKERS' COMPENSATION LAW, IN
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RELATION TO DISCRIMINATION AND RETALIATION AGAINST EMPLOYEES.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THANK YOU VERY MUCH. THIS ACT
WOULD REQUIRE INDIVIDUALS THAT WORK FOR AIRLINES EITHER DIRECTLY OR AS
SUBCONTRACTORS TO BE PAID STATE-DETERMINED PREVAILING -- THIS BILL HAS
NOTHING TO DO WITH WHAT I WAS TALKING ABOUT --
(LAUGHTER)
-- WHICH WILL BE THE NEXT BILL.
ACTING SPEAKER AUBRY: SOUNDED GOOD, MR.
GOODELL.
MR. GOODELL: SO, BACK TO THIS BILL. THIS BILL
WOULD ONLY APPLY TO AIRLINE EMPLOYEES THAT MIGHT BE WORKING AS AN
UNDOCUMENTED IMMIGRANT AS WELL AS ALL OTHER UNDOCUMENTED
IMMIGRANTS. IS THAT CORRECT?
ACTING SPEAKER AUBRY: YOU ARE ASKING MR.
PICHARDO?
MR. GOODELL: NO, I DIDN'T MEAN FOR HIM TO
ANSWER IT, I'M JUST TRYING TO PROVIDE A GRACEFUL TRANSITION TO THIS BILL.
(LAUGHTER)
ACTING SPEAKER AUBRY: MR. PICHARDO, WHY
DON'T YOU EXPLAIN YOUR BILL?
MR. PICHARDO: I'D BE VERY HAPPY TO DO SO, MR.
GOODELL AND MR. SPEAKER. SO, IT'S -- IT'S PRETTY STRAIGHTFORWARD WHAT
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THIS BILL DOES. IT RELATES TO DISCRIMINATION AND RETALIATION AGAINST
EMPLOYEES WHO CLAIM WORKERS' COMPENSATION BENEFITS SPECIFICALLY IN
THE CONTEXT OF STRENGTHENING THE RULES FOR THE WORKERS' COMPENSATION
BOARD DEALING WITH INDIVIDUAL EMPLOYERS WHO TEND TO OR WHO WOULD
DISCRIMINATE AGAINST AN EMPLOYEE, AND -- AND ACCORDING TO THEIR -- THEIR
DOCUMENTATION OR THEIR LEGAL STATUS HERE IN THE UNITED STATES.
MR. GOODELL: THANK YOU VERY MUCH, MR.
PICHARDO. THANK YOU FOR GETTING ME ON THE RIGHT BILL WITH THE RIGHT
ISSUES.
MR. PICHARDO: SURE. NOT A PROBLEM.
MR. GOODELL: SO UNDER CURRENT LAW, WE ARE REALLY
CLEAR THAT IF YOU -- IF AN EMPLOYER DISCRIMINATES AGAINST AN EMPLOYEE
BECAUSE THAT EMPLOYEE FILES FOR WORKERS' COMP, IT'S A VIOLATION OF THE
LABOR LAW SUBJECT TO A SIGNIFICANT PENALTY. AND THAT'S THE WAY IT
SHOULD BE. NO WORKER SHOULD BE FIRED BECAUSE THEY'VE TAKEN
ADVANTAGE OF THE WORKERS' COMPENSATION LAW THAT PROVIDES COVERAGE
FOR A WORK-RELATED INJURY. THIS BILL ADDS ADDITIONAL LANGUAGE THAT SAID
DISCRIMINATION OR RETALIATION INCLUDES CONTACTING THE UNITED STATES
IMMIGRATION AUTHORITIES OR OTHERWISE REPORTING OR THREATENING TO REPORT
AN EMPLOYEE'S SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS. THIS
CREATES SOME VERY INTERESTING DYNAMICS BECAUSE UNDER FEDERAL LAW IT IS
ILLEGAL FOR AN EMPLOYER TO HIRE AN ILLEGAL IMMIGRANT. NOW, AN
IMMIGRANT CAN BE HIRED WHO'S NOT A CITIZEN IF THEY HAVE A WORKING VISA,
LIKE AN H-1 OR A TEMPORARY WORK VISA OR EVEN A GREEN CARD, A
PERMANENT WORK VISA. BUT IF THEY'RE NOT AUTHORIZED AND THEY DON'T
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NYS ASSEMBLY JULY 22, 2020
HAVE A PROPER VISA OR OTHER WORK AUTHORIZATION, IT'S ILLEGAL FOR AN
EMPLOYER ANYWHERE IN THE UNITED STATES, INCLUDING NEW YORK, TO HIRE
A PERSON WHO IS HERE WITHOUT PROPER DOCUMENTATION. SO THIS BILL SAYS
THAT IF AN EMPLOYER DISCOVERS THAT AN EMPLOYEE WHO MAY ALSO HAVE
BEEN INJURED ON THE JOB WAS WORKING FOR THE EMPLOYER ILLEGALLY AND
REPORTS THAT ILLEGAL ACTIVITY TO THE FEDERAL GOVERNMENT, THE EMPLOYER
WOULD BE FACING A $2,500 FINE WHICH CREATES A UNIQUE SITUATION IN NEW
YORK WHERE IT'S ALMOST LIKE A REVERSE WHISTLEBLOWER. IF YOU REPORT
ILLEGAL ACTIVITY TO THE FEDERAL GOVERNMENT YOU WILL BE FINED $2,500 IF
THE EMPLOYEE BELIEVES THAT THAT REPORT IN ANY WAY RELATED TO THEIR
DESIRE TO COLLECT WORKERS' COMPENSATION. THE CURRENT LAW IS VERY
CLEAR. YOU CANNOT DISCRIMINATE AGAINST A PERSON BY FIRING THEM IF THEY
APPLY FOR WORKERS' COMP. CURRENT LAW IS ALSO CLEAR, YOU CANNOT
BLACKMAIL OR EXTORT A PERSON. AND THAT'S VERY CLEAR AND THAT'S WHAT IT
SHOULD BE. BUT WE SHOULD NOT BE IN A SITUATION IN NEW YORK STATE
WHERE WE SUBJECT SOMEONE FOR REPORTING ILLEGAL CONDUCT TO A $2,500
FINE.
FOR THAT REASON, I AND SEVERAL OF MY COLLEAGUES WILL
BE OPPOSING IT. AND, AGAIN, THANK YOU TO MY COLLEAGUE FOR DIRECTING
ME TO THE PROPER BILL THAT'S UP FOR DEBATE AT THIS TIME. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. PICHARDO.
MR. PICHARDO: THANK YOU, MR. SPEAKER. ON THE
BILL. SO, JUST VERY QUICKLY, I JUST WANTED TO CLARIFY AND MAKE SURE THAT
CONTEXT IS EVERYTHING. PARTICULARLY ON MAKING SURE THAT WE ENFORCE THE
LAWS OF THIS COUNTRY, BUT ALSO THAT PEOPLE ARE TREATED WITH DIGNITY AND
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NYS ASSEMBLY JULY 22, 2020
FAIRNESS THAT THEY DESERVE. IN CIRCUMSTANCES AND IN TIMES THAT I'VE
INTERACTED WITH AND DEALT WITH INDIVIDUALS EITHER THROUGH MIXED-STATUS
HOUSEHOLDS AND -- AND THINGS OF THAT NATURE, PARTICULARLY AROUND THE
ISSUE OF HOUSING, PEOPLE ARE VERY RETICENT TO APPLY FOR ANY TYPE OF
BENEFIT THEY MAY OR MAY NOT BE ENTITLED TO. SO WHAT THIS BILL IS DOING,
IT'S ACTUALLY PRETTY SIMPLE. IT BASICALLY SAYS IF YOU ARE USING A PERSON'S
DOCUMENTED STATUS OR UNDOCUMENTED STATUS AGAINST THEM IN ORDER TO
DISSUADE THEM, PARTICULARLY IN THE CONTEXT OF WORKERS' COMPENSATION
BOARD, WORKERS' COMP AND OTHER BENEFITS THAT THEY MAY OR MAY NOT BE
ENTITLED TO, THAT -- THAT IN THAT CONTEXT CAN BE SEEN AS A FORMED PRACTICE
OF DISCRIMINATION. SO AGAIN, EVERYTHING THAT WE DO -- AND YOU HAVE TO
CONSIDER THE CONTEXT, PARTICULARLY THE CONTEXT OF THE DAY WHERE WE
HAVE POTENTIALLY -- YOU KNOW, AND IT'S NOT PARTISAN, IT'S ACTUAL FACT THAT
WE DO HAVE A GOVERNMENT THAT IS FAIRLY HOSTILE TO IMMIGRANTS
REGARDLESS OF THEIR DOCUMENTATION STATUS AND WE WANT TO MAKE SURE
THAT HERE IN NEW YORK WE MAKE IT CLEAR TO EVERYBODY, EMPLOYERS AND
EMPLOYEES ALIKE, FAMILIES, NEW YORKERS ACROSS THE STATE, THAT
DISCRIMINATION IN ANY WAY, SHAPE OR FORM IS NOT GOING TO BE TOLERATED.
BUT MORE IMPORTANTLY, IF YOU USE THIS SPECIFIC ISSUE ABOUT LEGALITY AND
DOCUMENTATION STATUS AND CREATING THIS IDEA THAT A PERSON MAY OR MAY
NOT BE DOCUMENTED, THEN IT IS CREATING A HOSTILE ENVIRONMENT FOR ALL
NEW YORKERS TO BE ABLE TO PARTICIPATE AND ACCESS BENEFITS THAT THEY
MAY BE ENTITLED TO.
SO WITH THAT BEING SAID, MR. SPEAKER, THANK YOU FOR
THIS OPPORTUNITY TO EXPLAIN THIS, AND I HOPE THAT ONCE THE OPPORTUNITY
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NYS ASSEMBLY JULY 22, 2020
COMES BY THAT MY COLLEAGUES WOULD SUPPORT THIS PIECE OF LEGISLATION.
THANK YOU SO VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE -- WILL RECORD THE VOTE ON RULES REPORT NO. 241. THIS IS A PARTY
VOTE. ANY MEMBER WISHING 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, SIR. ON THIS PARTICULAR
BILL THE REPUBLICAN CONFERENCE WILL BE GENERALLY IN THE NEGATIVE.
HOWEVER, IF ANY MEMBER OF THE REPUBLICAN CONFERENCE WOULD LIKE TO
VOTE FOR THIS BILL, THEY SHOULD PROMPTLY CONTACT THE MINORITY LEADER'S
OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. SO NOTED.
MS. HYNDMAN.
MS. HYNDMAN: THIS IS A MAJORITY VOTE IN THE
AFFIRMATIVE. ANY MEMBER WISHING TO VOTE NEGATIVE WILL PLEASE CONTACT
THE MAJORITY LEADER'S OFFICE AT THE DESIGNATED PHONE NUMBER.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH,
MS. HYNDMAN.
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NYS ASSEMBLY JULY 22, 2020
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MR.
DESTEFANO AS VOTING IN THE AFFIRMATIVE ON THIS LEGISLATION.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, PLEASE LET -- PLEASE
REFLECT THAT ASSEMBLYMEMBER SANTABARBARA IS A NEGATIVE ON THIS VOTE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, MS. HYNDMAN.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08142-E, RULES
REPORT NO. 174, HYNDMAN, CARROLL, TAYLOR, REYES, GRIFFIN, GOTTFRIED,
PAULIN, DINOWITZ, NIOU, BLAKE, WEPRIN, DE LA ROSA, SIMON, SIMOTAS,
D. ROSENTHAL, AUBRY, PERRY, BARNWELL, MOSLEY, ORTIZ, SEAWRIGHT,
JEAN-PIERRE, WALKER, QUART, DENDEKKER, RYAN, NOLAN, BENEDETTO,
SOLAGES, BRAUNSTEIN, ABBATE, KIM, JACOBSON, HEVESI, FERNANDEZ,
COLTON, ARROYO, FRONTUS, L. ROSENTHAL, WILLIAMS, EPSTEIN, BUCHWALD,
JOYNER, O'DONNELL, PHEFFER AMATO, M.G. MILLER, WRIGHT, RIVERA,
PICHARDO, SAYEGH, CRUZ, RAMOS, DICKENS, D'URSO, BICHOTTE, ROZIC,
RODRIGUEZ, DILAN, THIELE, ABINANTI. AN ACT TO AMEND THE LABOR LAW,
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NYS ASSEMBLY JULY 22, 2020
IN RELATION TO ENACTING THE "HEALTHY TERMINALS ACT."
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
HYNDMAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED BY MR. GOODELL. THIS
TIME, THE RIGHT BILL.
(LAUGHTER)
MS. HYNDMAN: OKAY. THIS BILL WOULD AMEND
ARTICLE 9 OF THE LABOR LAW TO REQUIRE WORKERS EMPLOYED AT AIRPORTS
OPERATED BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO BE
PAID PREVAILING WAGES AND SUPPLEMENTS. THIS WOULD INCLUDE JOHN F.
KENNEDY INTERNATIONAL AIRPORT, LAGUARDIA INTERNATIONAL AIRPORT AND
NEW -- AND NEW YORK STEWART INTERNATIONAL AIRPORT. THIS WOULD
REQUIRE THE FISCAL OFFICE OF THE DESIGNATED (UNINTELLIGIBLE) PUBLISH THE
WAGE AND SUPPLEMENTAL BENEFITS -- BENEFIT RATES BY CLASSIFICATION AND
REGION ON OR BEFORE SEPTEMBER 1, 2020. AND -- AND COVERED AIRPORT
WORKERS MEANS THAT THOSE INDIVIDUALS THAT WORK UNDER THE COVER OF THE
-- OF THESE THREE AIRPORTS AT LEAST HALF THEIR TIME. AND THAT IS THE
EXPLANATION OF THE BILL.
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: GLADLY.
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NYS ASSEMBLY JULY 22, 2020
ACTING SPEAKER AUBRY: MS. HYNDMAN YIELDS.
MR. GOODELL: SO, IT IS ALWAYS A PLEASURE TO
DISCUSS WITH MY COLLEAGUES THE BILL THAT'S UP FOR A VOTE AS OPPOSED TO
SOME OTHER BILL.
(LAUGHTER)
AND THE REASON I STARTED OFF THE PREVIOUS DEBATE
TALKING ABOUT THIS BILL IS BECAUSE I HAD THE GOOD FORTUNE OF STANDING
RIGHT NEXT TO THE SPONSOR OF THIS PARTICULAR BILL, AND WE WERE DISCUSSING
IT. AND SO I WAS LOOKING FORWARD TO GETTING MORE INFORMATION. SO IF
THE SPONSOR DOESN'T MIND, THIS BILL WOULD COVER PRIVATE-SECTOR
EMPLOYEES THAT WORK FOR AIRLINES AS WELL AS THE AIRLINE EMPLOYEES THAT
ARE WORKING IN THOSE THREE AIRPORTS. IS THAT CORRECT?
MS. HYNDMAN: CORRECT.
MR. GOODELL: AND SO, FOR EXAMPLE, THEY WOULD
COVER PRIVATE CONTRACT EMPLOYEES THAT MIGHT BE HIRED UNDER A
SUBCONTRACTOR TO CLEAN THE AIRPLANES, AS AN EXAMPLE.
MS. HYNDMAN: SO, MOST OF THE STAFF THAT WORKS
FOR OR CLEANS AIRPLANES, THEY ARE UNDER THE -- THE AIRLINE. THE
SUBCONTRACTED INDIVIDUALS ARE USUALLY THOSE WHO ARE MAKING THE MEALS
FOR THE INTERNATIONAL FLIGHTS.
MR. GOODELL: OKAY. AND THEY -- THEY MIGHT BE
WORKING OFF SITE AND THE MEALS MIGHT THEN BE DELIVERED TO THE PLANE?
MS. HYNDMAN: RIGHT. OFF SITE, BUT IN VERY CLOSE
PROXIMITY TO THE AIRPORT.
MR. GOODELL: CERTAINLY IN THE SAME COUNTRY.
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NYS ASSEMBLY JULY 22, 2020
MS. HYNDMAN: YES, ABSOLUTELY.
MR. GOODELL: ALL RIGHT. AND THE AIRLINE
EMPLOYEES THEMSELVES, WOULD THEY BE COVERED BY THIS?
MS. HYNDMAN: NO.
MR. GOODELL: OKAY, SO YOU'RE LOOKING REALLY AT
THE SUBCONTRACTORS.
MS. HYNDMAN: YES. WELL, THOSE INDIVIDUALS THAT
GET YOUR BAGS -- YOUR BAGS TO THE -- TO THE BELTS ON TIME. THE
INDIVIDUALS THAT CLEAN THE RESTROOMS IN AIRPORTS. THE INDIVIDUALS THAT
WILL MOVE THE PASSENGERS BY WHEELCHAIR FROM THE GATE TO THE BAGGAGE
CLAIM AREAS, AND THOSE INDIVIDUALS, LIKE I SAID BEFORE, WHO ARE MAKING
THE MEALS FOR THE AIRLINES.
MR. GOODELL: THANK YOU VERY MUCH FOR
EXPLAINING THIS BILL.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THANK YOU VERY MUCH. CERTAINLY, I
APPRECIATE THE SPONSOR'S DESIRE TO PROVIDE -- ENSURE A HIGHER WAGE FOR
ALL THESE EMPLOYEES. AND WE HAVE REQUIRED, HISTORICALLY, THAT ON
PUBLIC WORKS PROJECTS WHERE THE STATE ITSELF OR A LOCAL SUBDIVISION IS
THE EMPLOYER OR IS THE CONTRACTOR, WE REQUIRE IT ON STATE- OR
MUNICIPALLY- FUNDED PROJECTS THAT WORKERS BE PAID A PREVAILING WAGE.
IN MANY SITUATIONS THAT PREVAILING WAGE IS SIGNIFICANTLY HIGHER THAN THE
TYPICAL WAGE IN THAT PARTICULAR OCCUPATION AND IN THAT PARTICULAR
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NYS ASSEMBLY JULY 22, 2020
LOCATION. RARELY -- NOT NEVER, BUT RARELY HAS THE STATE TAKEN THE
POSITION THAT THE STATE SHOULD REQUIRE PRIVATE EMPLOYERS TO PAY HIGHER
MANDATED WAGES TO THEIR EMPLOYEES WHEN THERE'S NO STATE FUNDING OR
GOVERNMENTAL FUNDING TO PAY. AND FROM THE DESCRIPTION FROM THE
SPONSOR IT APPEARS THAT THIS BILL WOULD REQUIRE CERTAIN PRIVATELY-OWNED
AND OPERATED COMPANIES TO PAY THEIR PRIVATELY-CONTRACTED EMPLOYEES A
HIGHER WAGE. TYPICALLY, GOVERNMENT DOES NOT SET INDIVIDUAL WAGE --
WAGE RATES IN THE PRIVATE SECTOR. THIS BILL WOULD BE DIFFERENT. THIS BILL
WOULD TAKE A DIFFERENT APPROACH. WE'VE ALL SEEN THE DEVASTATING
IMPACT OF COVID-19 ON THE AIRLINE INDUSTRY. I, MYSELF, WITNESSED IT
FIRSTHAND WHEN A FLIGHT THAT I AND MY WIFE HAD BOOKED A MONTH OR TWO
IN ADVANCE WAS CANCELED. IN FACT, THERE WERE SO MANY FLIGHTS CANCELED
FOR A WHILE, YOU COULDN'T FLY ALMOST ANYWHERE IN THE UNITED STATES.
THE AIRLINES FOR AMERICA, WHICH IS A TRADE ASSOCIATION, INDICATES THAT
GIVEN THE DATA FROM PAST CRISES, THE TRAJECTORY OF THE VIRUS, THE
WIDESPREAD DEPLOYMENT OF A VACCINE AND GLOBAL ECONOMIC OUTLOOK,
THEY ANTICIPATE THAT AIR TRAFFIC RECOVERY IS EXPECTED TO TAKE AT LEAST
THREE YEARS. AND ONCE DEMAND HAS RECOVERED, IT WILL TAKE YEARS FOR THE
AIRLINES TO RETIRE THE BILLIONS OF DOLLARS OF DEBT AND ADDRESS THE SIZEABLE
ASSOCIATED INTEREST EXPENSE THAT THEY'VE BEEN ACCRUING IN THE MEANTIME
FOR ALL THE AIRLINES' AIRPLANES THAT THEY PURCHASED WITH THE EXPECTATION
OF A MUCH HIGHER TRAFFIC VOLUME. BECAUSE THE AIRLINES ARE GOING
THROUGH SUCH HORRIFIC FINANCIAL STRESS, AND INDEED, SOME ARE FACING
ACTUAL BANKRUPTCY, THIS IS PROBABLY NOT THE BEST TIME FOR GOVERNMENT TO
REQUIRE THESE PRIVATELY-CONTRACTED EMPLOYEES TO BE PAID SIGNIFICANTLY
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NYS ASSEMBLY JULY 22, 2020
HIGHER RATES. AND SO IF THIS AIRLINE -- IF THE AIRLINES WERE FLUSH, IF
BUSINESS WAS GREAT, IF THERE WAS TREMENDOUS DEMAND, THE ECONOMIC
OUTLOOK WOULD BE VERY DIFFERENT. BUT AS A GENERAL PRINCIPLE,
GOVERNMENT SHOULD BE VERY HESITANT ABOUT SETTING WAGE RATES FOR
SPECIFIC OCCUPATIONS AND SPECIFIC INDIVIDUALS WORKING WITHIN THOSE
OCCUPATIONS WHERE THOSE OCCUPATIONS ARE IN THE PRIVATE SECTOR AND NOT
BEING PAID BY A GOVERNMENT FUND.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. HYNDMAN.
MS. HYNDMAN: I THINK IT'S IMPORTANT TO POINT OUT
THAT WHEN IT CAME TO THIS LEGISLATION THAT WE'RE THINKING ABOUT THE
AIRPORT WORKERS WHO -- AND THE AIRPORTS THAT ARE OWNED AND OPERATED BY
PUBLIC ENTITIES. IT'S ALSO IMPORTANT TO NOTE THAT THESE AIRLINES HAVE
RECEIVED BILLIONS OF DOLLARS IN BAILOUT MONEY FROM ECONOMIC STIMULUS
PACKAGES. THEY -- THEY HAVE NOT PASSED THIS ON TO THEIR WORKERS.
WHEN TIMES WERE GREAT WHEN WE ASKED FOR THIS LEGISLATION, THERE WAS
NO ROOM FOR IT TO HAPPEN. AND ONE OF THE THINGS WE ALSO HAVE TO
REMEMBER IS THAT THE INDIVIDUALS THAT GET YOUR BAGS, CLEAN THE
BATHROOMS, CLEAN THE PLANES AND TRANSPORT PASSENGERS TO DIFFERENT
TERMINALS WERE AT THE FRONT LINES WHEN IT CAME TO COVID-19. THEY
SHOWED UP FOR WORK. AND UNFORTUNATELY, SOME OF THESE WORKERS HAVE
PASSED. PARTICULARLY, MR. LELAND JORDAN, WHO WAS VERY ACTIVE IN
GETTING THIS LEGISLATION. I THINK IT'S IMPORTANT TO ALSO POINT OUT THAT
LEGISLATION -- THIS LEGISLATION HAS PASSED IN TRANSPARENCY, IN
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NYS ASSEMBLY JULY 22, 2020
PENNSYLVANIA AND IN CALIFORNIA FOR AIRPORT WORKERS. WE'RE TALKING
ABOUT INDIVIDUALS WHO WERE PAID SO LOW THAT THEY HAD TO CHOOSE
BETWEEN PAYING FOR HEALTH INSURANCE AND PUTTING FOOD ON THE TABLE. SO
WHAT WE HAVE TO REMEMBER THAT THOSE WORKERS WHO MAKE THE AIRPORTS
RUN WHETHER THE AIRLINES ARE DOING WELL OR NOT, ARE STILL SHOWING UP FOR
WORK EVERY DAY. AND WE DON'T WANT TO MAKE -- WE DON'T WANT THESE
WORKERS TO FEEL THAT THEIR WORK IS INSIGNIFICANT BECAUSE WITHOUT THEM
THE AIRPORTS DO NOT RUN. WITHOUT THEM, JFK WOULD NOT RUN, LAGUARDIA
AIRPORT WOULD NOT RUN, AND STEWART -- STEWART AIRPORT WOULD NOT BE
OPERATIONAL. SO THIS BILL, WHILE IT IS, PEOPLE WILL SAY, AT A BAD TIME, IT'S
ALWAYS THE RIGHT TIME TO DO THE RIGHT THING BY WORKERS IN THE STATE OF
NEW YORK, AND THAT'S WHAT THIS BILL SPEAKS TO. AIRPORT WORKERS NEED
AFFORDABLE, QUALITY HEALTHCARE TO KEEP OUR AIRPORTS SAFE AND READY. AND
THIS BILL IS NOT ENACTED UNTIL SEPTEMBER 2021. SO WHEN YOU BOOK A
TICKET, YOU HAVE TO PAY FOR YOUR HAND LUGGAGE, YOU HAVE TO PAY FOR A
CHECKED BAG, YOU HAVE TO PAY FOR HEADPHONES, YOU HAVE TO PAY FOR
BLANKETS, ALL OF THOSE THINGS THAT USED TO BE GIVEN TO AIRLINE PASSENGERS
NOW HAVE TO BE PAID FOR. AIRLINES HAVE NOT REFUNDED MONEY TO
INDIVIDUALS. IF YOU BOOKED A TICKET ON THE AIRLINE IN THE LAST THREE
MONTHS OR PREVIOUSLY, THEY DEFERRED IT TO A LATER DATE. SO THEY'RE NOT
EXACTLY GIVING MONEY BACK TO CONSUMERS. SO WE HAVE TO MAKE SURE
THAT IN NEW YORK STATE WE'RE TAKING CARE OF EMPLOYEES ALSO, BECAUSE
THESE WORKERS WERE FIRST LINE WHEN IT CAME TO COVID, AND MANY OF THE
WORKERS UNFORTUNATELY DID CONTRACT COVID-19, AND SOME OF THEM ARE
NO LONGER HERE, LIKE LELAND JORDAN, TO SPEAK UP FOR THEMSELVES. SO IT'S
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NYS ASSEMBLY JULY 22, 2020
LEFT TO HIS DAUGHTER, DAZILIA, TO MAKE SURE THAT SHE ADVOCATES FOR THE
FATHER THAT'S NO LONGER THERE TO MAKE SURE THAT OTHER WORKERS WHO ARE --
WHO MAY BE INFECTED HAVE THE ABILITY TO PAY FOR HEALTH INSURANCE,
SOMETHING SO BASIC. AS WE KNOW, THIS COUNTRY'S HEALTHCARE SHOULD BE A
RIGHT AND NOT A PRIVILEGE FOR THOSE.
SO I WANT TO SAY TO ALL MY COLLEAGUES, I HOPE YOU VOTE
IN FAVOR OF THIS LEGISLATION. I THANK THE SPEAKER'S OFFICE, PROGRAM AND
COUNSEL FOR THEIR -- THEIR HELP IN MAKING SURE THAT THIS BILL CAME TO THE
FLOOR THIS EVENING. I THANK MY COLLEAGUE ON THE OTHER SIDE FOR HIS
BRILLIANT QUESTIONS, AS ALWAYS. AND MOST IMPORTANTLY, I WANT TO THANK
ALL THE WORKERS IN THOSE THREE AIRPORTS -- ONE IN PARTICULAR WHERE THE
PLANES FLY OVER OUR -- OUR HEADS EVERY NIGHT IN THE 29TH ASSEMBLY
DISTRICT -- TO MAKE SURE THAT THIS HOUSE, THE PEOPLE'S HOUSE, STANDS UP
FOR THE RIGHTS OF WORKERS, STANDS UP FOR THOSE WHO CAN'T FIGHT
THEMSELVES, TO MAKE SURE THAT HEALTHCARE IS A RIGHT AND NOT A PRIVILEGE
IN THE STATE OF NEW YORK.
THANK YOU, MR. SPEAKER. I WILL BE VOTING IN THE
AFFIRMATIVE AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.
ACTING SPEAKER AUBRY: THANK YOU, MS.
HYNDMAN.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,
2021.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 174. THIS IS A PARTY VOTE. ANY MEMBER
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WISHING TO RECORD IT 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, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY IN THE NEGATIVE ON THIS PARTICULAR
LEGISLATION. BUT ANY MEMBER WHO WOULD LIKE TO VOTE IN THE AFFIRMATIVE
SHOULD CONTACT THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SIR, SO NOTED.
MS. HYNDMAN.
MS. HYNDMAN: THIS IS A PARTY VOTE IN THE
AFFIRMATIVE. ALL OF THOSE MEMBERS WISHING TO VOTE IN THE NEGATIVE WILL
PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AT THE DESIGNATED PHONE
NUMBER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
HYNDMAN.
(THE CLERK RECORDED THE VOTE.)
MS. BICHOTTE TO EXPLAIN HER VOTE.
MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO FIRST COMMEND THE SPONSOR
FOR INTRODUCING THE HEALTHY TERMINALS ACT REQUIRING THE PAYMENT OF
PREVAILING WAGES TO THESE ESSENTIAL WORKERS TO ENSURE THEY HAVE ACCESS
TO BETTER WAGES AND BENEFITS INCLUDING HEALTHCARE. TRAINED AND
EXPERIENCED AIRPORT WORKERS ARE NEEDED TO ENSURE THE SAFETY OF EVERY
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PASSENGER. ON THE OTHER HAND, EMPLOYMENT SECURITY IS PARAMOUNT FOR
EVERY WORKER. WITH THE COVID CRISIS IMPACTING THE HEALTH AND
WELL-BEING OF EVERYONE, IT'S IMPORTANT FOR COVERED AIRPORT WORKERS TO
KNOW THAT WE, THE LEGISLATORS, STAND BY THEM. WE HAVE TO SUPPORT OUR
COVERED AIRPORT WORKERS BY PROVIDING PREVAILING WAGES AND BENEFITS. I
WOULD LIKE TO ACKNOWLEDGE (UNINTELLIGIBLE) SEIU, UNITED CARE 100
AND RWDSU FOR ALL THE WORK THEY CONTINUE TO DO TO PROTECT THESE
WORKERS. HEALTHCARE IS A RIGHT.
MR. SPEAKER, WITH THAT I WILL BE VOTING IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE
AFFIRMATIVE.
MS. WALKER TO EXPLAIN HER VOTE.
MS. WALKER: HI. THANK YOU, MR. SPEAKER. ONE
OF THE THINGS THAT I WANTED TO NOTE IS I'M GOING TO TAKE THIS VOTE IN
HONOR OF MY MOM. WHEN I DECIDED THAT I WANTED TO TAKE THE BAR -- GO
TO LAW SCHOOL, TAKE THE BAR, MY MOM WENT TO WORK AT THE AIRPORT IN
ORDER TO HELP ME HAVE ALL OF THE NECESSITIES THAT I NEEDED IN ORDER TO BE
SUCCESSFUL ON THE BAR EXAM. AND I REMEMBER THE TOIL THAT SHE WENT
THROUGH, HER AND COLLEAGUES, AND I REMEMBER HEARING ALL THE STORIES OF
THE SACRIFICES THAT THEY'VE MADE EACH AND EVERY DAY TO ENSURE THAT THE
THINGS THAT WE TAKE ADVANTAGE OF; A CLEAN SEAT, A CLEAN PLANE. BUT IT
WAS -- IT WAS WHAT THEY DID IN ORDER TO ENSURE THAT THEIR FAMILIES ARE
FED AND THE NECESSITIES ARE MET. AND SO I THINK THAT WE OWE IT TO ALL OF
THOSE WORKERS TO LET THEM KNOW THAT WE CARE ABOUT THEM, WE
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ACKNOWLEDGE THE SERVICE THAT THEY DO TO ALL OF THE CONSUMERS OF ALL
AIRLINE INDUSTRIES, AND THAT WE ARE CONCERNED ABOUT YOUR HEALTHCARE AND
THE HEALTHCARE OF YOUR FAMILY.
SO I PROUDLY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WALKER IN THE
AFFIRMATIVE.
MR. PICHARDO.
MR. PICHARDO: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. FIRST OF ALL, I WANT TO THANK AND
CONGRATULATE THE SPONSOR OF THIS VERY IMPORTANT PIECE OF LEGISLATION.
AND WHAT THIS BILL IS BASICALLY GOING TO DO IS IT -- WE, AS THE STATE, ARE
RECOGNIZING THE DIGNITY OF THESE WORKERS WHO DO SO MUCH NOT ONLY FOR
OUR STATE BUT FOR THE NATIONAL ECONOMY AS A WHOLE. AND THE FACT THAT
WE, AS A -- AS A COUNTRY, WERE SO QUICK TO MAKE SURE THAT WE MAINTAIN
AND SUSTAIN THESE LARGE CORPORATIONS AND THEY WERE ABLE TO RECEIVE
BAILOUTS NOT ONLY IN THIS INSTANCE BUT OTHER INSTANCES IN THE LAST FEW
DECADES, BUT ALSO THE FACT THAT WE NEED TO MAKE SURE THAT WE BALANCE
THIS EQUATION, THAT WE SUPPORT THE WORKERS WHO ARE MAKING SURE THAT
THESE INDUSTRIES ARE CONTINUING TO FUNCTION EVEN UNDER VERY DANGEROUS
AND DIFFICULT CIRCUMSTANCES.
SO I WITHDRAW MY REQUEST AND I VOTE IN THE
AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. PICHARDO IN THE
AFFIRMATIVE. THANK YOU, SIR.
MR. EPSTEIN.
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NYS ASSEMBLY JULY 22, 2020
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I -- I JUST
WANT TO RISE TO EXPLAIN MY VOTE. I, AGAIN, THANK THE SPONSOR. THIS IS A
CRITICAL PIECE OF LEGISLATION. OUR TERMINALS ARE PLACES THAT SO MANY
PEOPLE USE EVERY DAY, AND THE RIGHTS OF THE WORKERS WHO ARE THERE IS OF
CRITICAL IMPORTANCE TO THE FUTURE OF A HIGH AND WELL-FUNCTIONING STATE.
THE HEALTHY TERMINALS ACT GOES A LONG WAY IN DOING THAT. THE
ORGANIZATIONS AND UNIONS THAT ARE BEHIND IT REALLY MADE A DIFFERENCE TO
TALK ABOUT THOSE STRUGGLES OF INDIVIDUAL WORKERS WHO ARE WORKING IN
THESE TERMINALS. I'M PROUD TO BE A COSPONSOR, AND I ENCOURAGE MY
CLIENTS -- MY COLLEAGUES TO VOTE IN FAVOR OF IT.
I'LL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MR. BARRON.
MR. BARRON: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. THIS IS A VICTORY FOR THE WORKERS. ONE FOR THE WORKERS. IT'S
NOT TOO OFTEN THAT YOU GET VICTORIES UNDER THIS RACIST, PARASITIC CAPITALIST
SYSTEM WHERE THE PROFITS ARE AT THE TOP AND THE DEVELOPERS AND THE RICH
GET RICHER AND THE POOR WORKING-CLASS GETS POORER. SO THIS IS ONE FOR
THE WORKERS, AND I WANT TO ENCOURAGE WORKERS TO UNITE IN ALL UNIONS
AND ALL LABOR. WE NEED TO UNITE AND BRING SOME RADICAL CHANGES TO THIS
SYSTEM, NOT JUST YOUR JOBS, NOT JUST TERMINAL JOBS, BUT ACROSS THIS STATE.
IT'S TIME FOR WORKERS TO RISE UP AND UNITE AND SAY THAT THE WORKERS MUST
GET LIVING WAGES, PREVAILING WAGES, NOT JUST MINIMUM WAGES, FOR THE
WORK THAT'S BEING DONE. SO CONGRATULATIONS TO THE SPONSOR OF THIS BILL.
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NYS ASSEMBLY JULY 22, 2020
YOU'VE DONE A GREAT JOB WITH IT. AND CONGRATULATIONS TO THE WORKERS.
THIS IS ONE FOR THE WORKERS, A VICTORY FOR THE WORKERS. LET'S KEEP IT
ROLLING AND GET SOME MORE.
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
MR. SAYEGH.
(PAUSE)
MR. SAYEGH.
WE'LL COME BACK TO HIM.
MS. DE LA ROSA.
MS. DE LA ROSA: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. I SIMPLY WANT TO TAKE THIS OPPORTUNITY TO THANK MY
COLLEAGUE WHO HAS CHAMPIONED THIS LEGISLATION, BUT ALSO TO SEND MY --
EXTEND MY SINCERE CONDOLENCES TO ALL THE FAMILIES OF THE WORKERS WHO
HAVE LOST THEIR LOVED ONES. DURING THE STRUGGLE TO MAKE SURE THAT THIS
LEGISLATION WAS PASSED, WE LEARNED OF THE STORIES OF THE MEN AND
WOMEN, GRANDPARENTS, WHO LOST THEIR LIVES DUE TO COVID BECAUSE THEY
WERE EXPOSED, UNFORTUNATELY, TO CONDITIONS THAT WERE NOT SAFE. AND
THAT IS THE PLIGHT OF WORKERS EVERY SINGLE DAY, PRE-COVID AND NOW
THAT WE ARE LIVING IN THIS CRISIS. AND SO LIKE MR. BARRON SAID, THIS IS FOR
THE WORKERS. I WANT TO THANK MY COLLEAGUE AND ORGANIZED LABOR FOR
COMING BEHIND THIS. IN A TIME OF HEALTH CRISES AND PANDEMICS WE MUST
MAKE SURE THAT WORKERS HAVE THE RIGHT TO HAVE THE BENEFIT THEY NEED IN
ORDER TO STAY ALIVE.
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NYS ASSEMBLY JULY 22, 2020
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. DE LA ROSA IN
THE AFFIRMATIVE.
MR. SAYEGH.
(PAUSE)
MS. SIMON.
MS. SIMON: YES, THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. I SIMPLY WANT TO SAY THAT THIS HAS BEEN A LONG TIME
COMING. IT'S A BILL THAT IS A VICTORY FOR THE WORKERS, AND IT'S A BILL THAT I
HAVE BEEN PROUD TO COSPONSOR. AND I JUST WANT TO COMMEND THE
SPONSOR FOR ALL OF HER HARD WORK ON THIS, PULLING THIS -- THIS BILL
TOGETHER AND DEVELOPING SUPPORT FOR IT. IT'S CRITICALLY IMPORTANT, AND I
CAN'T IMAGINE A REASON NOT TO SUPPORT THIS BILL.
SO I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
MR. SAYEGH.
MR. SAYEGH: HELLO. THANK YOU VERY MUCH. I --
I'D LIKE TO ALSO RISE TO EXPLAIN MY VOTE. I'D LIKE TO COMMEND THE
SPONSOR AND TO REALLY RESTATE THE IMPORTANCE OF A HEALTHY WORKFORCE
AND TERMINAL WORKERS DURING THE PANDEMIC WHERE THEY'RE WORKING. SO
WHEN WE LOOK AT ALL THE WORKERS THAT SERVED US IN MANY DIFFERENT
CAPACITIES, WE RECOGNIZED THEM AS HEROES. AND THESE WORKERS DESERVE
THE HEALTHCARE BENEFITS. AND I, FOR ONE, TRULY RESPECT THE FACT THAT WE,
AS A LEGISLATIVE BODY, AND HERE IN NEW YORK, HAVE MOVED IN THE
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NYS ASSEMBLY JULY 22, 2020
DIRECTION OF PROTECTING LABOR AND PROTECTING WORKERS AND MAKING SURE
THAT THE WORKFORCE HAS STABILITY WHEN THEY HAVE WAGE -- WAGE BENEFITS
AND THEY HAVE HEALTHCARE SERVICES AND BENEFITS. AND THIS IS WHAT WE
NEED TO STABILIZE OUR WORKFORCE IN THE ENTIRE STATE.
SO I WILL VOTE IN THE AFFIRMATIVE, AND I AGAIN
COMMEND THE SPONSOR.
ACTING SPEAKER AUBRY: MR. SAYEGH IN THE
AFFIRMATIVE.
MS. CRUZ.
MS. CRUZ: THANK YOU, MR. SPEAKER, TO EXPLAIN MY
VOTE. I PROUDLY WILL BE VOTING IN THE AFFIRMATIVE. A FEW YEARS AGO
WHEN I WAS THE DIRECTOR OF THE EXPLOITED WORKERS TASK FORCE, I HAD
THE OPPORTUNITY TO MEET AND ACTUALLY BECOME FRIENDS WITH SO MANY OF
THESE WORKERS. AND IT IS INCREDIBLE THAT WE ACTUALLY HAVE TO PASS
LEGISLATION TO REQUIRE AN EMPLOYER TO DO WHAT SHOULD BE THE BARE
MINIMUM. THESE FOLKS ARE KEEPING THIS INDUSTRY ALIVE WHILE THEIR
EMPLOYERS GET RICHER. THEY SHOULD HAVE SOMETHING AS BASIC AS
HEALTHCARE. FOR ME IT IS AN HONOR TO GET TO VOTE YES BECAUSE IT IS WHAT
WE, AS LEGISLATORS, GET TO DO TO THANK THESE WORKERS FOR THEIR SACRIFICE,
FOR THEIR WORK, FOR THEIR COMMITMENT, AND FOR, FRANKLY, HELPING US GET
HERE TODAY. IT WAS THEM COMING TO ALBANY, IT WAS THEM RALLYING, IT
WAS THEM PROTESTING. SO I WANT TO GIVE A SHOUT-OUT AND, FRANKLY, THANK
THE WORKERS FROM THIS INDUSTRY WHO NEVER LET US FORGET THAT THIS WAS
ABOUT THEM.
AND SO IN HONOR OF THOSE WORKERS WHO WERE
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NYS ASSEMBLY JULY 22, 2020
UNFORTUNATELY LOST AND IN HONOR OF THE WORKERS WHO WILL GET TO BENEFIT
FROM THIS, I WANT TO THANK THE SPONSOR AND I WILL BE VOTING IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. CRUZ IN THE
AFFIRMATIVE.
MRS. GUNTHER.
MRS. GUNTHER: I'D LIKE TO THANK THE SPONSOR FOR
THIS BILL. I THINK IT'S IMPORTANT TO PROTECT ALL HEALTHCARE WORKERS AT THE
AIRPORT. AND I WILL ALSO SAY THAT IT'S ALSO TIME TO PROTECT OUR HEALTHCARE
WORKERS AND PASS SAFE STAFFING.
SO THANK YOU VERY MUCH. I APPRECIATE THIS BILL. IT'S
THE RIGHT THING TO DO, AND LET'S CONTINUE DOING THE RIGHT THING.
ACTING SPEAKER AUBRY: MRS. GUNTHER IN THE
AFFIRMATIVE.
MR. KIM.
(PAUSE)
MS. REYES.
MS. REYES: THANK YOU, MR. SPEAKER. I JUST WOULD
LIKE TO COMMEND THE SPONSOR OF THIS BILL FOR HER DEDICATION, AND I
WOULD LIKE TO DEDICATE MY VOTE, AGAIN, TO ALL THE WORKERS AND THE
ORGANIZERS THAT HAVE REALLY MADE SURE THAT THIS COMES TO FRUITION.
THERE SHOULD BE NO CIRCUMSTANCE WHERE SOMEBODY WORKS FULL-TIME
AND HAS NO ACCESS TO HEALTHCARE. AND UNTIL WE CAN GUARANTEE
HEALTHCARE TO EVERY PERSON AND EVERY WORKER, NOT JUST IN OUR STATE BUT
IN OUR COUNTRY, I'M HAPPY TO BE DOING THE RIGHT THING BY THESE WORKERS
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NYS ASSEMBLY JULY 22, 2020
AND MAKING SURE THAT THEY ARE ABLE TO ACCESS AND AFFORD HEALTHCARE,
PARTICULARLY IN A TIME LIKE -- THE TIMES THAT WE'RE LIVING RIGHT NOW.
SO THANK YOU, AND I'M HAPPY TO VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. REYES IN THE
AFFIRMATIVE.
MR. KIM.
MR. KIM: THANK YOU, MR. SPEAKER. I, TOO, WANT TO
JUST TAKE A MOMENT TO THANK THE SPONSOR FOR HER LEADERSHIP ON THIS VERY
CRITICAL BILL THAT WE'RE PASSING TODAY. AND I DO ALSO WANT TO REMIND
EVERYONE THAT OVERALL, EVEN THOUGH WE HAVE A WIN TODAY,
(UNINTELLIGIBLE) STAGNANT IN THIS STATE AND THIS COUNTRY FOR ALMOST 40
YEARS. SO DON'T THINK OF THIS AS CHARITY OR COMPASSION. THIS IS REAL
ECONOMIC GROWTH FOR ALL OF US. WHEN WORKERS HAVE BENEFITS AND
WAGES, WE ALL PROSPER. AND THAT'S A MODEL THAT EVERY ECONOMIST IN THIS
WORLD UNDERSTANDS. BUT THE TRUTH IS, WE HAVE NORMALIZED A SOCIETY
WHERE THE RICH ARE GETTING RICHER WHILE THE POOR ARE GETTING KILLED
DURING THIS PANDEMIC. AND ENOUGH IS ENOUGH, AND TODAY IS A WIN AND
WE MUST CONTINUE TO PROTECT WORKERS MOVING FORWARD.
THANK YOU. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. KIM IN THE
AFFIRMATIVE.
MS. NIOU.
MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO JUST SAY A FEW WORDS. I JUST WANTED TO SAY HOW IMPORTANT THIS
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NYS ASSEMBLY JULY 22, 2020
BILL WAS AND ALSO TO COMMEND THE SPONSOR OF THIS BILL FOR WORKING SO
HARD ON GETTING IT PASSED. THIS IS A VERY CRITICAL BILL IN THIS CRITICAL
MOMENT BECAUSE, YOU KNOW, LIKE OTHER PEOPLE HAVE SAID, WE SHOULD
NEVER ALLOW FOR FOLKS WHO ARE ON THE FRONTLINES TO BE WITHOUT
HEALTHCARE. RIGHT NOW, MORE THAN EVER, OUR -- OUR WORLD IS
INTERCONNECTED AND WE ARE SEEING THAT. AND OUR HEALTHCARE IS
INTERCONNECTED. WHAT WE HAVE SEEN AND WHAT HAS ALWAYS BEEN IS VERY
-- IT'S VERY AMPLIFIED AND EVEN MORE OBVIOUS THAN EVER IS THAT WHEN MY
HEALTHCARE DEPENDS ON YOUR HEALTHCARE AND YOUR HEALTHCARE DEPENDS ON
MY HEALTHCARE, IT'S -- IT'S MORE APPARENT THAN EVER THAT WE NEED TO TAKE
CARE OF EACH OTHER, AND THIS IS A WAY FOR US TO TAKE CARE OF OUR WORKERS
AND THE FOLKS WHO ARE TAKING CARE OF US. AND I JUST WANTED TO SAY THAT,
YOU KNOW, THIS IS SOMETHING THAT WAS TAUGHT TO ME VERY EARLY ON BY A
MENTOR OF MINE, HECTOR (UNINTELLIGIBLE), WHO -- WHO PASSED AWAY BUT
HAS ALWAYS BEEN SOMEBODY WHO HAS WORKED TO FIGHT FOR THE RIGHTS OF
WORKERS AND LED 32BJ TO BE ABLE TO HELP OUR WORKERS TO BE ABLE TO GET
THESE RIGHTS. AND SO THIS IS WHY THIS BILL IS SO IMPORTANT. IT IS SO
IMPORTANT TO KNOW THAT HOW WE ARE CONNECTED EVERY SINGLE DAY HAS
BEEN AMPLIFIED, AND WE NEED TO MAKE SURE THAT WE ARE TAKING CARE OF
ONE ANOTHER IN THIS TIME IN ORDER TO TAKE CARE OF EACH OTHER SOME MORE.
SO THANK YOU SO MUCH, MR. SPEAKER, AND I WANTED TO
THANK ALL OF THE FOLKS, ESPECIALLY THE ADVOCATES, WHO WORKED ON THIS
BILL. THANK YOU. AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. NIOU IN THE
AFFIRMATIVE.
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NYS ASSEMBLY JULY 22, 2020
MS. SEAWRIGHT.
MS. SEAWRIGHT: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. THIS IS A HUGE WIN AND VICTORY FOR
THE WORKERS. I COMMEND THE BILL SPONSOR AND I PROUDLY CAST MY VOTE
TODAY. WE STAND TOGETHER, WE STAND UNITED. AND TODAY IS A VICTORY
THAT WE COME TOGETHER IN THIS NATIONAL TIME OF CRISIS TO DO SOMETHING
THAT IS RIGHT. AND TO ECHO THE WORDS OF MY COLLEAGUE CHARLES BARRON
WHO SAID THE TIME IS RIGHT TO RISE AND UNITE TOGETHER.
SO AGAIN, I COMMEND THE BILL SPONSOR AND ALL THE
ACTIVISTS AND 32BJ AS WE VOTE TO PASS THIS LEGISLATION. I CAST MY VOTE
PROUDLY IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. SEAWRIGHT IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WE ARE
GOING TO CONTINUE ON OUR DEBATE LIST. WE'RE GOING TO GO WITH RULES
REPORT NO. 248. THAT ONE IS SPONSORED BY MR. BUCHWALD. FOLLOWING
THAT WE'LL DO RULES REPORT NO. 253 BY MR. WEPRIN. NO, I'M SORRY, 253
BY MR. WEPRIN AND 265 BY MR. WEPRIN AS WELL. AND CALENDAR NO.
469 BY MR. PERRY.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09525, RULES REPORT
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NO. 248, BUCHWALD, ZEBROWSKI. AN ACT TO AMEND THE EXECUTIVE LAW,
IN RELATION TO PROVIDING THAT, IN HOUSING CASES ONLY, AFTER A DISMISSAL
FOR LACK OF PROBABLE CAUSE OR LACK OF JURISDICTION, A COMPLAINANT WOULD
HAVE THE OPTION TO APPEAL THE FINAL ORDER, OR BRING A DE NOVO ACTION IN
COURT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BUCHWALD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THIS BILL RELATES TO HOW WE ADDRESS
INDIVIDUALS WHO FILE A COMPLAINT ALLEGING HOUSING DISCRIMINATION AND
THEY FILE A COMPLAINT WITH THE DIVISION OF HUMAN RIGHTS. SO IF AN
INDIVIDUAL THINKS THEY'RE A VICTIM OF HOUSING DISCRIMINATION UNDER
CURRENT LAW, THEY HAVE AN OPTION. THEY HAVE AN ELECTION. THEY CAN
FILE THE COMPLAINT WITH THE DIVISION OF HUMAN RIGHTS OR THEY CAN GO
DIRECTLY TO COURT. IF THEY FILE THE COMPLAINT WITH THE DIVISION OF
HUMAN RIGHTS, THEN THE DIVISION OF HUMAN RIGHTS, USING GOVERNMENT
EMPLOYEES, PRESUMABLY INVESTIGATES THE COMPLAINT, AND IF THEY RULE IN
FAVOR OF THE TENANT THEN THE TENANT WINS. IF THEY RULE AGAINST THE PERSON
WHO BROUGHT THE COMPLAINT, THEN THE PERSON CAN APPEAL THAT DECISION
AND HAVE IT REVIEWED BY A COURT. SO THERE'S DUE PROCESS UNDER EITHER
APPROACH. SO YOU CAN EITHER GO WITH THE DIVISION OF HUMAN RIGHTS
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NYS ASSEMBLY JULY 22, 2020
AND IF YOU DON'T LIKE THE DECISION YOU CAN APPEAL IT, OR YOU CAN GO
DIRECTLY TO COURT IN THE FIRST INSTANCE. WELL, THERE'S ONE CAVEAT UNDER
CURRENT LAW THAT THIS BILL ADDRESSED, AND THAT IS IF YOU GO TO THE
DIVISION OF HUMAN RIGHTS AND THEY DETERMINE THAT THE COMPLAINT HAS
NO PROBABLE CAUSE, THIS BILL WOULD ALLOW YOU TO CHANGE YOUR OPTION, IF
YOU WILL, INSTEAD OF APPEALING IT AND INSTEAD GO DIRECTLY TO COURT WITH
WHAT'S KNOWN AS A DE NOVO CASE, A BRAND-NEW CASE. UNFORTUNATELY,
WHAT THIS MEANS IS THAT SOMEONE WHO IS EXONERATED IN FRONT OF THE
DIVISION OF HUMAN RIGHTS OR THE DIVISION OF HUMAN RIGHTS FOUND THAT
THERE WAS NO PROBABLE CAUSE TO BELIEVE THERE WAS ANY DISCRIMINATION
CAN FACE THE PROSPECT OF HAVING TO DEFEND THE CASE ALL OVER AGAIN IN
COURT, WHICH IS VERY, VERY UNUSUAL. NORMALLY, IF YOU HAVE AN
ADMINISTRATIVE HEARING AND THERE'S NO PROBABLE CAUSE, THAT'S THE END OF
IT. AND IT'S THE END OF THE CASE BECAUSE NO PROBABLE CAUSE IS A VERY,
VERY LOW STANDARD. NOW, WHEN YOU'RE DEALING IN THE LEGAL FIELD YOU
HAVE DIFFERENT LEVELS OF PROOF. I MEAN, YOU HAVE BEYOND A REASONABLE
DOUBT. THAT'S A VERY HIGH STANDARD. YOU HAVE A PREPONDERANCE OF
EVIDENCE. THAT'S MORE THAN 50 PERCENT. YOU HAVE CLEAR AND
CONVINCING. THAT'S SOMEWHERE IN BETWEEN. AND THEN THE LOWEST
STANDARD IS PROBABLE CAUSE. PROBABLE CAUSE JUST MEANS THERE'S SOME
GROUND TO BELIEVE YOU MIGHT BE RIGHT. SOME GROUND. AND SO WHEN THE
DIVISION OF HUMAN RIGHTS DETERMINES THAT THERE'S NO PROBABLE CAUSE TO
BELIEVE THERE WAS ANY DISCRIMINATION, THAT'S A VERY STRONG STATEMENT BY
A GOVERNMENT AGENCY WHOSE MISSION IS TO PREVENT DISCRIMINATION.
THERE'S ONE OTHER QUIRKY THING ABOUT THIS, IF YOU WILL.
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NYS ASSEMBLY JULY 22, 2020
NEW YORK RECOGNIZES THAT SOMETIMES PEOPLE ABUSE THE LEGAL PROCESS.
AND SO WE HAVE TWO CAUSES OF ACTION THAT CAN BE BROUGHT BY THE
INNOCENT VICTIM OF A MALICIOUS OR UNFOUNDED LAWSUIT. AND THAT'S ABUSE
OF PROCESS OR MALICIOUS PROSECUTION. AND SO IF WE ADOPT THIS LAW AND
SOMEONE WHO THOUGHT THEY WERE THE VICTIM OF DISCRIMINATION GOES TO
THE HUMAN RIGHTS COMMISSION AND THEY DETERMINE THERE WASN'T EVEN
PROBABLE CAUSE FOR DISCRIMINATION AND THEN THAT SAME PERSON TURNS
AROUND AND BRINGS A LAWSUIT, IF A COURT AGREES THERE'S NO PROBABLE
CAUSE, THAT PERSON WHO FILED THE COMPLAINT COULD BE THE NEXT DEFENDANT
IN COURT ON A COUNTERCLAIM FOR ABUSE OF PROCESS. THE CURRENT SYSTEM
HAS CHECKS AND BALANCES. IT'S THE PERSON WHO IS FILING THE COMPLAINT,
NOT THE OTHER SIDE. IT'S THE PERSON WHO IS FILING THE COMPLAINT THAT
DECIDES WHETHER THEY WANT TO GO TO THE HUMAN RIGHTS COMMISSION OR
GO TO COURT. THAT'S THEIR OPTION. THEIR CHOICE. AND IF THEY CHOOSE TO
GO WITH THE HUMAN RIGHTS COMMISSION AND LOSE, THEY HAVE A -- THEY
CAN TAKE IT UP ON APPEAL. BUT THIS BILL SAYS THAT EVEN IF YOU NOT ONLY
LOSE, BUT THERE'S NO PROBABLE CAUSE, YOU CAN FILE A NEW ACTION IN COURT
ANYWAY. THAT'S INAPPROPRIATE. IT IS ALMOST THE DEFINITION OF ABUSE OF
PROCESS, AND WE SHOULD NOT, BY STATUTE, AUTHORIZE A PROCESS THAT'S UNFAIR
TO THE RESPONDENT WHEN THE DIVISION OF HUMAN RIGHTS DETERMINES
THERE'S NO PROBABLE CAUSE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. BUCHWALD.
MR. BUCHWALD: THANK YOU, MR. SPEAKER. THIS
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NYS ASSEMBLY JULY 22, 2020
BILL STANDS FOR THE BASIC PRINCIPLE THAT NEW YORK STANDS AGAINST,
HOUSING DISCRIMINATION, HOPEFULLY SOMETHING A PRINCIPLE THAT WE ALL
SHARE. I'VE HEARD THE HONORABLE GENTLEMAN ON THE OTHER SIDE OF THE
AISLE, WE'VE ACTUALLY DEBATED THIS BILL I THINK THIS IS NOW OUR FOURTH
TIME IN THIS HOUSE. AND WHEN LISTENING TO HIM, I THINK THAT THE VIEW
ON THE OTHER SIDE IS THAT THE DIVISION OF HUMAN RIGHTS IS THIS FANTASTIC
ORGANIZATION, WE SHOULD ALWAYS ABIDE BY THEIR VIEWS. IN THIS CASE ON
THIS BILL, I AGREE BECAUSE I BRING THIS BILL ON BEHALF OF THE DIVISION OF
HUMAN RIGHTS. I WAS ASKED FOR THIS BILL TO BE ENACTED INTO LAW FOR THE
VERY SIMPLE REASON THAT ENACTING THIS BILL INTO LAW BRINGS NEW YORK
STATE INTO COMPLIANCE WITH THE FEDERAL FAIR HOUSING ACT. NEW
YORKERS DESERVE TO MAKE SURE THAT THEIR HOUSING DISCRIMINATION CLAIMS
ARE HEARD. AND AS ANOTHER MEMBER OF THE BODY SAID IN THE PRIOR YEAR,
IT IS NOT INEVITABLY THE CASE, THAT WHEN AN ADMINISTRATIVE AGENCY FINDS
THAT THERE IS NO PROBABLE CAUSE, THAT THEY'VE ACTUALLY DONE A THOROUGH
INVESTIGATION. THEY'VE EVEN INTERVIEWED THE COMPLAINANT. BUT
FUNDAMENTALLY HERE, WE ARE UPHOLDING THE DIVISION OF HUMAN RIGHTS'
ABILITY TO PROPERLY ENFORCE HOUSING DISCRIMINATION LAWS IN OUR COUNTRY
UNDER THE FAIR HOUSING ACT, SOMETHING THAT WE SHOULD HAVE DONE A
WHILE AGO.
AS I SAID, THIS WILL NOW BE ACTUALLY THE FIFTH TIME THAT
THIS BODY HAS ENACTED -- HAS PASSED THIS BILL. BUT TODAY IS THE FIRST
TIME THE OTHER BODY IN THE STATE LEGISLATURE HAS ENACTED THE BILL. SO,
AND I'M VERY PLEASED TO BE BRINGING THIS BILL TO THIS HOUSE FOR I BELIEVE
ITS FINAL TIME, AND I HOPE THAT EVERY MEMBER OF THE HOUSE CAN AFFIRM
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THE PRINCIPLE THAT HOUSING DISCRIMINATION HAS NO PLACE IN OUR STATE.
AND LET ME JUST SAY, MR. SPEAKER, THAT I OWE A DEBT OF
GRATITUDE TO THE CURRENT MAJORITY LEADER, THE THEN-CHAIR OF THE
GOVERNMENTAL OPERATIONS COMMITTEE WHO PROVIDED THIS OPPORTUNITY
FOR ME TO CARRY THIS BILL WHEN I WAS A FRESHMAN ASSEMBLYMEMBER, TO
THE CURRENT CHAIR OF THE GOVERNMENTAL OPERATIONS COMMITTEE, WHO IS
A COSPONSOR OF THE BILL, THE STAFF OF THE GOVERNMENTAL OPERATIONS
COMMITTEE WHO HAS BEEN SUPPORTIVE THROUGHOUT. I'M JUST PLEASED THAT
THIS IS SOMETHING THAT I GET TO BE HERE IN ALBANY TO MAKE SURE THAT WE
ARE STANDING UP FOR THE BASIC RIGHTS OF ALL NEW YORKERS. THANK YOU
VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 248. THIS IS A PARTY VOTE. ANY MEMBER
WISHING 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, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE VOTING IN THE NEGATIVE ON THIS LEGISLATION.
THOSE WHO WISH TO VOTE IN THE AFFIRMATIVE SHOULD CONTACT THE MINORITY
LEADER'S OFFICE. THANK YOU, SIR.
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ACTING SPEAKER AUBRY: THANK YOU, SO NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. -- MR. SPEAKER, THIS
IS A PARTY VOTE IN THE AFFIRMATIVE. THOSE CHOOSING TO NOT VOTE WITH THE
PARTY CAN CERTAINLY FEEL FREE TO CONTACT OUR OFFICES AND WE'LL BE HAPPY
TO RECORD YOU AS SUCH.
ACTING SPEAKER AUBRY: SO NOTED, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. BYRNE TO EXPLAIN HIS VOTE.
MR. BYRNE: THANK YOU, MR. SPEAKER. I'M NOT IN
ALBANY TODAY, I'M VOTING REMOTELY FROM HOME IN PUTNAM COUNTY, BUT I
-- I JUST WANTED TO SPEAK BRIEFLY TO EXPLAIN MY VOTE. I DO APOLOGIZE TO
THE SPONSOR, HE'S NOT GOING TO GET MY VOTE ON THIS PARTICULAR BILL, BUT I
DO WANT TO SAY I SUPPORT HIM AS A -- AS A COLLEAGUE AND A MEMBER.
AND THIS MAY, HOPEFULLY NOT, BE HIS LAST BILL BEFORE OUR SESSION
CONCLUDES. I REPRESENT THE -- THE DISTRICT THAT'S IMMEDIATELY ADJACENT
AND NORTH TO THE 93RD ASSEMBLY DISTRICT THAT THE SPONSOR REPRESENTS.
WE'VE WORKED VERY WELL TOGETHER SERVING THE PEOPLE OF WESTCHESTER
COUNTY. IT'S BEEN AN HONOR TO WORK WITH HIM. I KNOW HE'S EXTREMELY
PASSIONATE AND CARING ABOUT THE PEOPLE THAT HE SERVES AND, DAVID, IT'S
JUST BEEN AN HONOR AND I WANT TO THANK YOU AND WISH YOU WELL. I AM
SURE THAT WE'LL STILL BE WORKING TOGETHER IN SOME CAPACITY IN
WESTCHESTER IN THE -- IN THE FUTURE YEARS. THANKS AGAIN AND, SORRY, BUT
I DO VOTE NEGATIVE.
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ACTING SPEAKER AUBRY: MR. BYRNE IN THE
NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, TO EXPLAIN MY VOTE. I
WILL BE VOTING NO, BUT I WANT TO MAKE IT CLEAR THAT WHILE I MAY DISAGREE
WITH THIS LEGISLATION, I HAVE THE GREATEST RESPECT FOR THE SPONSOR. I
THINK MR. BUCHWALD HAS DONE A GREAT JOB AS A MEMBER OF THIS
ASSEMBLY. I ECHO THE COMMENTS OF MY COLLEAGUE, MR. BYRNE. I HAD
THE PLEASURE OF SERVING WITH HIM ON SOME OF OUR COMMITTEES AND
EVERY TIME HE SPOKE, WE LISTENED BECAUSE HE WAS ALWAYS
KNOWLEDGEABLE, THOUGHTFUL, DELIBERATE AND CERTAINLY A GREAT ASSET FOR US
HERE IN THE ASSEMBLY. SO, AGAIN, THANK YOU TO MY COLLEAGUE. THAT
DOESN'T MEAN, EVEN THOUGH I HAVE THE GREATEST RESPECT, I ALWAYS AGREE,
BUT, NEVERTHELESS, HE REALLY WAS A GREAT ASSET TO OUR -- TO OUR CHAMBER.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE. THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09702, RULES REPORT
NO. 253, WEPRIN, CRUZ, EICHENSTEIN, AUBRY, EPSTEIN, L. ROSENTHAL,
MOSLEY. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO
PROHIBITING THE COMMISSIONER OF CORRECTIONS AND COMMUNITY
SUPERVISION FROM PROMULGATING POLICY TO REQUIRE INMATES TO WAIVE
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RELIGIOUS RIGHTS IN ORDER TO PARTICIPATE IN INMATE PROGRAMS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. WEPRIN.
MR. WEPRIN: THANK YOU, MR. SPEAKER. THIS BILL
WOULD ADD A NEW SUBDIVISION 5 TO SECTION 112 OF THE CORRECTION LAW
THAT WOULD PROHIBIT THE COMMISSIONER OF THE DEPARTMENT OF
CORRECTION FROM PROMULGATING ANY POLICY REQUIRING AN INCARCERATED
INDIVIDUAL TO WAIVE ANY RELIGIOUS RIGHT AS A CONDITION FOR PARTICIPATING
IN ANY INMATE PROGRAM. THE BILL WOULD ALSO GRANT INCARCERATED
INDIVIDUALS EXEMPTIONS FOR ACTIVITIES THAT COINCIDE WITH RELIGIOUS
HOLIDAYS IN -- IN VIOLATION OF THEIR RELIGIOUS RIGHTS.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR JUST A COUPLE OF QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MR. WEPRIN, WILL YOU
YIELD?
MR. WEPRIN: I'D BE HAPPY TO.
ACTING SPEAKER AUBRY: MR. WEPRIN YIELDS.
MS. WALSH: THANK YOU, MR. WEPRIN. SO, AS I WAS
READING THROUGH THIS BILL AND THE BILL MEMO, IT -- IT SOUNDED AS THOUGH
THE -- WHAT PROMPTED THIS BILL WAS THE IDEA THAT INMATES WERE BEING
ASKED TO SIGN WRITTEN WAIVERS SAYING THAT THEY WOULD NOT EXERCISE THEIR
RELIGION IN ORDER TO PARTICIPATE IN DIFFERENT PROGRAMS; DO I HAVE THAT
RIGHT?
MR. WEPRIN: THAT IS CORRECT.
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MS. WALSH: DID -- DID YOU SEE ANY OF THESE
WAIVERS? IS THIS -- IS THIS -- IS THIS AN ISSUE THAT WE'RE SEEING ACROSS THE
STATE? THIS JUST SEEMS REALLY KIND OF SHOCKING TO ME.
MR. WEPRIN: WELL, THAT'S WHY I INTRODUCED THE BILL.
IT WAS SHOCKING TO ME, AS WELL, AND I ACTUALLY HAD BEEN CONTACTED BY A
NUMBER OF PEOPLE WHO WERE INCARCERATED WHO WOULD LIKE TO
PARTICIPATE, FOR EXAMPLE, IN THE SHOCK INCARCERATION PROGRAM, THEY'RE
ELIGIBLE BECAUSE THEY MEET ALL THE CRITERIA EXCEPT THEY REFUSE TO WAIVE
THEIR RELIGIOUS RIGHTS, YOU KNOW, IN VIOLATION -- IN MY OPINION, YOU
KNOW, OF THEIR FREEDOM OF RELIGION AND THE CONSTITUTION OF THE UNITED
STATES.
MS. WALSH: AND I WOULD ABSOLUTELY TEND TO AGREE
WITH YOU ABOUT THAT. THE -- THE QUESTION I GUESS I'VE GOT IS ONE OF, FOR
LACK OF A BETTER TERM, LIKE "LOGISTICS." SO, YOU'VE GOT A SHOCK PROGRAM
WHICH, FROM WHAT I UNDERSTAND, IS A VERY INTENSIVE EXPERIENCE --
PROGRAM SIMILAR TO LIKE A MILITARY BOOT CAMP. AND COULD IT BE POSSIBLE
THAT -- THAT THESE INMATES WHO DO HAVE RELIGIOUS OBSERVANCE NEEDS
COULD NOT BE -- IT COULD NOT BE PROGRAMMED AROUND THESE INDIVIDUALS?
I MEAN, I'M JUST -- I'M STRUGGLING TO UNDERSTAND WHY A WAIVER WOULD BE
SOMETHING THAT WOULD BE EVEN ASKED FOR OF THESE INMATES.
MR. WEPRIN: WELL, I AGREE. I DON'T SEE WHY THEY
CAN'T HAVE RELIGIOUS ACCOMMODATIONS JUST LIKE THEY DO FOR ANY OTHER
PERSON, YOU KNOW, IN ANY, YOU KNOW, CAPACITY OF ANY STATE PROGRAM,
BUT INCARCERATED INDIVIDUALS SHOULD NOT BE DEPRIVED OF THEIR ABILITY TO
EXERCISE THEIR FREEDOM OF RELIGION AND IF THEY OTHERWISE WOULD BE
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ELIGIBLE FOR THIS PROGRAM, IT SEEMS TO ME THAT THAT SHOULD NOT BE A
HINDRANCE TO -- TO THEM BEING ELIGIBLE AND PARTICIPATING IN THE PROGRAM,
WHICH COULD RESULT IN A REDUCTION OF THEIR SENTENCE.
MS. WALSH: THANK YOU VERY MUCH, MR. WEPRIN.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. WALSH: YEAH. I -- I'M REALLY GRATEFUL THAT THE
SPONSOR HAS BROUGHT A BILL LIKE THIS FORWARD. THIS IS SOMETHING THAT I --
I'M VERY SURPRISED WOULD BE A THING, THAT THIS WOULD EVEN BE SOMETHING
THAT WOULD BE ASKED FOR. SOMETHING LIKE A SHOCK PROGRAM IS
SOMETHING THAT COULD BE A TREMENDOUS BENEFIT TO WHAT USED TO BE JUST
YOUNGER, NON-VIOLENT OFFENDERS. NOW I THINK THAT THEY'VE ACTUALLY
EXPANDED THE AGE BRACKET OF PEOPLE WHO COULD TAKE ADVANTAGE OF THIS
PROGRAM. BUT, I MEAN, THE SUBSTANCE ABUSE TREATMENT, THE ACADEMIC
EDUCATION, THE VALUE OF A PROGRAM LIKE THIS, TO -- TO ONLY ADMIT
INDIVIDUALS WHO ARE WILLING TO WALK AWAY FROM THEIR RELIGION AND NOT --
AGREE NOT TO OBSERVE THEIR RELIGION AND TO SIGN A WAIVER SAYING THAT
THEY WOULD NOT EXERCISE THAT IN ORDER TO PARTICIPATE IN THAT PROGRAM IS
DIFFICULT TO WRAP MY MIND AROUND. AND I WILL BE VOTING IN THE
AFFIRMATIVE ON THIS BILL AND I WOULD ENCOURAGE ALL OF MY COLLEAGUES TO
DO THE SAME AND I THANK THE SPONSOR FOR BRINGING THIS FORWARD.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 253. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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. WEPRIN TO EXPLAIN HIS VOTE.
MR. WEPRIN: THANK YOU, MR. SPEAKER. I THANK MY
COLLEAGUES FOR SUPPORTING THIS LEGISLATION. WHEN I FIRST HEARD ABOUT IT,
I WAS, FRANKLY, A LITTLE SHOCKED, AS WELL, THAT WE'VE GONE OUT OF OUR WAY
IN THE STATE SYSTEM, WHETHER IT BE IN THE CORRECTION SYSTEM OR ANY
OTHER STATE AGENCIES TO ACCOMMODATE INDIVIDUAL'S FREEDOM OF RELIGION
AND EXERCISING THEIR RELIGIOUS RIGHTS. AS A MATTER OF FACT, THERE ARE
MANY PROVISIONS FOR INCARCERATED INDIVIDUALS TO GET SPECIAL DIETARY
MEALS FOR THEIR RELIGIOUS OBSERVANCE, AND TO HAVE RELIGIOUS SERVICES.
SO, YOU KNOW, I THINK IT'S REALLY -- IT GOES AGAINST, YOU KNOW, ALL FIRST
AMENDMENT RIGHTS AND FREEDOM OF RELIGION. SO, I WITHDRAW MY
REQUEST AND PROUDLY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. WEPRIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY A10194, RULES REPORT NO.
265, WEPRIN, SIMON, GOTTFRIED, SEAWRIGHT. AN ACT TO AMEND
CORRECTION LAW, IN RELATION TO PERMITTING THE CORRECTIONAL ASSOCIATION
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NYS ASSEMBLY JULY 22, 2020
TO ACCESS, VISIT, INSPECT, AND EXAMINE ALL STATE CORRECTIONAL FACILITIES.
ACTING SPEAKER AUBRY: FIRST, ON A MOTION BY
MR. WEPRIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. MR. WEPRIN, A [SIC] EXPLANATION IS REQUIRED.
MR. WEPRIN: YES. THIS BILL WOULD ADD A NEW
SUBDIVISION 32 IN SECTION 2 OF THE CORRECTION LAW TO DEFINE THE
CORRECTIONAL ASSOCIATION OF NEW YORK, AND ADDS A NEW SUBDIVISION 3
TO SECTION 146 OF THE CORRECTION LAW TO PERMIT THE CORRECTIONAL
ASSOCIATION OF NEW YORK TO ACCESS, VISIT, INSPECT AND EXAMINE ALL
STATE CORRECTIONAL FACILITIES, AND FURTHER THE MISSION OF THE CORRECTIONAL
ASSOCIATION OF NEW YORK, WHICH WAS GRANTED LEGISLATIVE AUTHORITY
UNDER NEW YORK STATE LAW IN 1846 TO MONITOR PRISONS AND ISSUE
REPORTS TO THE LEGISLATURE.
ACTING SPEAKER AUBRY: MS WALSH. NO?
MR. GIGLIO.
MR. GIGLIO: THANK YOU, MR. SPEAKER. IT IS REALLY
GOOD TO SEE ALL OF YOU UP FRONT. I HAVEN'T SEEN YOU IN A LONG TIME. AND
IT'S GREAT TO BE IN THIS ROOM, I HAVEN'T BEEN HERE IN A LONG TIME EITHER.
BUT I WISH I WASN'T HERE FOR THE REASON I AM. IT'S ABOUT THIS BILL. ON
THIS BILL.
LET ME START WITH CORRECTIONS. WHAT HAPPENS IN OUR
CORRECTIONS FACILITIES, THE MOST IMPORTANT THING THAT HAPPENS THERE ON A
DAILY BASIS IS CALLED SAFE AND SECURE. YOU ARE SUPPOSED TO KEEP
EVERYBODY WITHIN THOSE WALLS SAFE AND SECURE. I BELIEVE THAT THIS BILL
GOES A LONG WAY TO STOPPING THAT AND TO MAKING -- INFRINGING ON THAT. I
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ALSO BELIEVE THIS BILL IS SO EXPANSIVE THAT I'VE NEVER SEEN ANYTHING LIKE
IT IN ALL THE YEARS I'VE BEEN INVOLVED.
AND LET ME START WITH THE ORIGINAL PREMISE. THEY CAN
SHOW UP AT A CORRECTIONAL FACILITY AT ANY TIME WITHOUT ANY NOTICE WITH
UP TO 12 PEOPLE. I'LL GO BACK TO THE 12 PEOPLE. WHO ARE THESE 12
PEOPLE? WHAT KIND OF VETTING HAVE THEY HAD? WHY ARE THEY THERE?
AND JUST BECAUSE THE CORRECTIONAL ASSOCIATION SAYS, THESE ARE THE 12
PEOPLE WE DESIGNATE, THERE HAS BEEN NO VETTING AND NO BACKGROUND.
SO, I WAS TOLD DURING THE COMMITTEE MEETING THAT, WELL, AS ELECTED
OFFICIALS, WE HAVE THAT SAME RIGHT, AND IT'S TRUE, BUT THEN AGAIN, WE'RE
VETTED EVERY TWO YEARS. WE'RE SENT HERE BY OUR DISTRICTS AS THEIR
DELEGATE. EVERYBODY KNOWS WHO WE ARE AND WHY WE'RE HERE. NOBODY
KNOWS WHO THESE FOLKS ARE. WHO ARE THESE DESIGNEES WHO ARE NOT
NECESSARILY PART OF THE CORRECTIONAL ASSOCIATION, BUT HAVE DECIDED TO
COME ALONG. THEY'RE ALLOWED TO WALK INTO THAT FACILITY WITHOUT ANY
NOTICE WHEN THEY'RE ON LOCKDOWN. LET ME REMIND YOU, LOCKDOWN DOES
NOT HAPPEN EVERY DAY. IT HAPPENS WHEN THERE IS BIG TROUBLE WITHIN THE
FACILITY. WHY WOULD WE INTRODUCE CIVILIANS INTO A PLACE THAT MIGHT BE
DANGEROUS?
LET ME GO FURTHER THAN THAT. NOW LET'S GET INTO THE
THINGS THEY CAN LOOK AT, THE LOG BOOKS, E-MAILS, BOOKS, DATA, VIDEO,
AUDIO RECORDING, POLICY AND PROCEDURE PERTAINING TO ALL THOSE THINGS.
LOG BOOKS ARE A SPECIAL THING ON A BLOCK IN A CORRECTIONAL FACILITY
BECAUSE THEY TELL YOU ABOUT THE COMINGS AND GOINGS OF THE DAY. AND
I'M NOT SURE WHAT IN A LOG BOOK WOULD HAVE ANYTHING TO DO WITH WHAT
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THEY'RE LOOKING FOR OR EXACTLY WHAT THEIR MISSION IS.
LET ME GO DOWN FURTHER, AND THIS ONE REALLY GETS ME.
IT SAYS IT AUTHORIZES THE CORRECTIONAL ASSOCIATION REQUEST TO PROMPTLY
RECEIVE FROM DOCS OR - OR - ANY OTHER STATE AGENCY OR PUBLIC
AUTHORITY SUCH PAPER, ELECTRONIC AND DIGITAL RECORDS SO TO ENABLE THE
CORRECTIONAL ASSOCIATION TO CARRY OUT ITS MISSION AND DUTIES
REGARDLESS OF WHETHER SUCH REQUESTED RECORDS COULD HAVE BEEN
WITHHELD UNDER ARTICLE XI OF FOIL AND THE PUBLIC OFFICERS LAW. IT
PROVIDES THAT ANY SUCH RECORD DOES NOT CONSTITUTE A WAIVER FOR ANY
CONFIDENTIALITY OR PRIVILEGE REGARDING SUCH RECORDS. NOW YOU'RE NOT
JUST TALKING ABOUT CORRECTIONAL FACILITIES, NOW YOU'RE TALKING ABOUT
EVERY SINGLE STATE AGENCY. EVERY SINGLE ONE. I'M NOT SURE EXACTLY
WHAT THAT WOULD HAVE TO DO WITH THE OPERATIONS OF A CORRECTIONAL
FACILITY OR BY DOCS, BUT THAT'S WHERE YOU ARE.
THEN, THE LAST PART OF THIS THAT GOT ME A LITTLE BIT
FRIGHTENED IS IT SAYS, IN ANY CASE WHERE DOCS OR AN EMPLOYEE FAILED
TO COMPLY WITH THE PROVISIONS OF THIS BILL AUTHORIZED THE CORRECTIONAL
ASSOCIATION TO APPLY TO THE SUPREME COURT FOR AN ORDER DIRECTED TO
DOCS, OR SUCH EMPLOYEE REQUIRING COMPLIANCE THEREWITH. FAILURE TO
COMPLY WITH THIS ORDER SHALL BE CONTEMPT OF COURT. ANY ACTION OR
PROCEEDING COMMENCED BY THIS GROUP PURSUANT TO THIS BILL SHALL HAVE -
AND THIS IS THE KEY WORD - PREFERENCE OVER ALL OTHER CASES EXCEPT
HABEAS CORPUS PROCEEDINGS AND PENDING BEFORE THE COURT.
SO NOT ONLY DO THEY WANT TO GO TO EVERY SINGLE STATE
AGENCY AND BE ABLE TO GET ALL THEIR RECORDS, NOT ONLY WILL THEY FILE A
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FOIL BECAUSE THEY DON'T HAVE TO, BUT THEN WHEN YOU GET TO THE
SUPREME COURT, YOUR CASE TAKES PRECEDENCE OVER EVERYTHING. LET ME
REMIND YOU THAT THE WOMEN AND MEN IN DOCS AND ANY OTHER CIVILIAN
EMPLOYEES HAVE UNION REPRESENTATION. THEY HAVE RIGHTS, TOO. AND,
AGAIN, THIS -- THIS GOES WAY BEYOND IT. I CAN'T BELIEVE THAT ANYBODY
COULD EVEN THINK OF THESE THINGS. AND LET'S GET BACK TO WHO RUNS THESE
FACILITIES. THE STATE OF NEW YORK RUNS THESE FACILITIES. WE ARE A
PUBLIC ENTITY THAT RUNS THESE FACILITIES. THE PEOPLE IN THE STATE OF NEW
YORK GIVE US, BY THEIR CONSENT, THE ABILITY TO DO THESE THINGS. IF YOU
LOOK AT THIS BILL, THEY DON'T ONLY WANT TO DO TO THE COMMISSION OF
CORRECTION'S WORK AND DOCS' WORK, BUT EVERYONE ELSE'S, TOO. I HAVE
NEVER SEEN A BILL THIS EXPANSIVE IN ALL MY TIME IN THIS BODY AND ALL MY
TIME WORKING IN CORRECTIONS. I FIND THIS UNBELIEVABLY BROAD AND
EXPANSIVE.
I'M NOT SURE WHAT THE GOAL IS AND WHAT THEY REALLY
WANT OUT OF THIS. THERE HAS BEEN GREAT COOPERATION BETWEEN THE
EXECUTIVE BRANCH AND THIS LEGISLATURE WITH THE CORRECTIONAL
ASSOCIATION, AND WE ARE NOT ARGUING OVER THEIR MISSION. THEIR MISSION
IS VERY IMPORTANT, BUT YOU HAVE TO GET OUT OF YOUR MIND TO BELIEVE THAT
YOU WOULD SUSPEND EVERYBODY ELSE'S RIGHTS FOR THEM AND THEN NOT
KNOWING WHO OR WHAT THEY ARE WHEN THEY'RE COMING BEHIND THOSE --
THOSE WALLS.
I'M SORRY. THIS BILL IS WAY TOO EXPANSIVE, WAY TOO
DANGEROUS AND IT DOES NO GOOD FOR ANYBODY WITHIN THOSE WALLS OR THE
PUBLIC OUTSIDE THOSE WALLS. THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY JULY 22, 2020
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 265. THIS IS A PARTY VOTE. ANY MEMBER
WISHING 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, SIR. THE REPUBLICAN
CONFERENCE WILL BE VOTING IN THE NEGATIVE; HOWEVER, IF I'M MISTAKEN
ABOUT ANY MEMBER, THEY SHOULD CONTACT THE LEADER'S OFFICE, THE
MINORITY LEADER'S OFFICE AND ADVISE THEM THAT THEY WANT A DIFFERENT
VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THE
MAJORITY CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE ON THIS PIECE OF
LEGISLATION. SHOULD ANY OF OUR COLLEAGUES DESIRE TO DO OTHERWISE, THEY
CAN FEEL FREE TO CONTACT THE OFFICES AND WE WILL PROPERLY RECORD THEIR
VOTE.
ACTING SPEAKER AUBRY: SO NOTED, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. PALMESANO TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY JULY 22, 2020
MR. PALMESANO: THANK YOU, MR. SPEAKER. MY
COLLEAGUE DID A GREAT JOB EXPLAINING THE PROBLEMS WITH THIS BILL. I'M
GOING TO BE VOTING NO. WHAT I WANTED TO EMPHASIZE, THOUGH, IF WE
REALLY WANT TO GET SERIOUS ABOUT ADDRESSING POLICIES GOING IN OUR
CORRECTIONAL FACILITIES, WHY DON'T WE LOOK AT PROVIDING TOOLS AND
RESOURCES TO OUR CORRECTION'S OFFICERS AND STAFF THAT WORKING IN A VERY
DANGEROUS ENVIRONMENT. WE CONTINUE TO SEE IT FROM OUR PRISON
CLOSURES, FROM THE POLICIES TAKING TOOLS AND RESOURCES AWAY FROM OUR
CORRECTION'S OFFICERS.
OVER THE PAST FIVE YEARS, VIOLENCE IS UP DRAMATICALLY
IN OUR PRISONS. IT'S A POWDER KEG ENVIRONMENT BASED ON THE POLICIES
WE CONTINUE TO SEE OUT OF THIS ADMINISTRATION. THERE'S GANG VIOLENCE,
INMATE ON INMATE STAFF ASSAULT -- INMATE ON INMATE ASSAULTS ARE UP OVER
40 PERCENT. INMATE ON STAFF ASSAULTS ARE UP 40 PERCENT. I MEAN, WE
CONTINUE TO SEE THIS POWDER KEG ENVIRONMENT GOING ON IN OUR FACILITIES.
IT'S A VERY DANGEROUS ENVIRONMENT. DRUGS ARE GETTING INTO OUR FACILITIES
LEFT AND RIGHT, WHETHER THEY'RE THROUGH VISITATION OR WHETHER THROUGH
PACKAGE. WE HAD A SECURE VENDOR PILOT PROGRAM THAT WAS SUPPOSED TO
BE STARTED. IT STARTED AND IT GOT CANCELLED BY THE ADMINISTRATION. WE
HAVE NOTHING THERE TO HELP STOP GETTING CONTRABAND INTO OUR FACILITIES,
AND WE HAD LEGISLATION IN COMMITTEE TO TRY TO MOVE THAT FORWARD. IT
WAS -- IT WAS TURNED DOWN. WE HAD IDEAS THAT COULD HELP KEEP THE
DRUGS OUT OF THE PRISONS. THE DRUGS GETTING IN OUR PRISONS ARE THE
THINGS THAT HELP CAUSE VIOLENCE. WE HAVE GANG ACTIVITY.
LET'S GET SERIOUS ABOUT ADDRESSING WHAT'S GOING IN OUR
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FACILITIES. THERE'S TOO MUCH VIOLENCE. OUR -- OUR BRAVE MEN AND
WOMEN WHO ARE WORKING IN THESE FACILITIES RISK THEIR LIVES EACH AND
EVERY DAY, AND THE ASSAULTS THAT ARE GOING ON, IT'S NOT SAFE FOR THEM AND
IT'S NOT SAFE FOR OTHER INMATES WITH THE VIOLENCE WE SEE GOING ON. SO,
THOSE ARE SOME OF THE THINGS WE SHOULD BE WORKING ON IF WE WANT TO
DEAL WITH WHAT'S GOING ON IN OUR CORRECTIONAL FACILITIES, BECAUSE THE
POLICIES THAT WE'RE SEEING COMING OUT OF THE ADMINISTRATION AND THIS
BODY IS NOT WORKING, IT'S NOT DOING ANYTHING TO KEEP OUR -- CORRECTIONS
OFFICERS AND STAFF WORKING IN THOSE FACILITIES ANY SAFER; IN FACT, IT'S
GETTING MORE AND MORE DANGEROUS EACH AND EVERY DAY, EACH AND EVERY
YEAR, AND WE NEED TO DO SOMETHING ABOUT IT AND WE NEED TO DO
SOMETHING ABOUT IT NOW. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
WOULD PLEASE HAVE OUR COLLEAGUE, MRS. GUNTHER, VOTING IN THE
NEGATIVE.
ACTING SPEAKER AUBRY: SO NOTED, MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THERE MIGHT BE MORE,
MR. SPEAKER. THANK YOU.
AND MRS. -- MS. BUTTENSCHON, AS WELL. AND MS.
GRIFFIN.
ACTING SPEAKER AUBRY: SO NOTED.
MR. BARRON TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY JULY 22, 2020
MR. BARRON: THANK YOU, MR. SPEAKER. THIS IS A
GREAT BILL. I KNOW THIS AGENCY FOR A LONG TIME, THE CORRECTIONAL
ASSOCIATION OF NEW YORK. THEY DO GREAT WORK IN PRISONS AND THEY
PUSH FOR REFORM, THEY PUSH FOR POSITIVE THINGS IN THE PRISON SYSTEM. I
THINK IT'S A GOOD BILL. I THINK THEIR OVERSIGHT OVER THE YEARS, EVEN WHEN
THEY DON'T HAVE AMENABLE ACCESS HAS BEEN PHENOMENAL. I CAN
REMEMBER YEARS AGO WHEN THEY WERE EVEN CAMPAIGNING AGAINST THE
PRISON BOND ISSUE WHERE THEY WANTED TO USE STATE BONDS TO BUILD MORE
PRISONS AND THEY WERE SAYING, NO, THERE ARE ALTERNATIVES TO
INCARCERATION, LIKE COMMUNITY SENTENCING AND -- AND OTHER KINDS OF
THINGS.
SO, I THINK THIS IS A GREAT BILL. I THINK IT WILL DO ALL OF
THOSE THINGS THAT THE PRIOR SPEAKER SPOKE OF. THE CORRECTIONAL
ASSOCIATION OF NEW YORK HAS BEEN ALWAYS A POSITIVE FORCE TO
REMEDIATE AND RESOLVE SOME OF THOSE ISSUES. SO, I DON'T SEE WHY THEY
SHOULDN'T HAVE ACCESS, AND EASY ACCESS. I THINK IT WILL BE A BENEFIT TO
THE STATE PRISON SYSTEM TO HAVE A GROUP LIKE THIS INVOLVED. SO, I WANT
TO COMMEND THE SPONSOR OF THIS BILL AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THERE IS A
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BRIEF CHANGE IN OUR ORIGINALLY PROPOSED AGENDA, SO WE'RE GOING TO GO TO
CALENDAR NO. 47, WHICH IS BY MEMBER ROSENTHAL.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01026, CALENDAR NO.
47, L. ROSENTHAL, PERRY, WEPRIN, SEAWRIGHT, BLAKE. AN ACT TO AMEND
THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO INCREASING PENALTIES
FOR FAILURE TO EXECUTE AND FILE SATISFIED JUDGMENTS OF $5,000 OR MORE
WITH THE COURT CLERK.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: UNDER CURRENT LAW, IF A JUDGMENT IS
RENDERED BY A COURT AGAINST A DEBTOR, AND THE DEBTOR EVENTUALLY PAYS
OFF THE JUDGMENT, WHICH WE ALWAYS HOPE HAPPENS, UNDER CURRENT LAW
THE CREDITOR WHO FINALLY GOT PAID HAS 20 DAYS TO FILE A SATISFACTION, AND
IF THEY DON'T, THEY CAN BE SUBJECTED TO A $500 FINE -- OR A $100 CIVIL
PENALTY, WHICH IS A LITTLE BIT IRONIC THAT YOU MIGHT GO TO COURT, GO
THROUGH A WHOLE TRIAL, GET A JUDGMENT, CHASE AFTER THE JUDGMENT
CREDITOR, HAVE DEPOSITIONS, DO EXECUTIONS - THAT'S NOT WITH A GUN, THAT'S
WITH LEGAL PROCESS - SEIZE CERTAIN PROPERTY, GO THROUGH A SALE BY THE
SHERIFF. AND AFTER ALL THAT EFFORT, YOU FINALLY GET PAID, OFTEN WITH NO
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COOPERATION FROM THE JUDGMENT DEBTOR. YOU THEN HAVE TO FILE A
SATISFACTION WITHIN 20 DAYS, EVEN THOUGH IT MAY HAVE TAKEN YOU FIVE
YEARS TO GET THERE, YOU HAVE 20 DAYS TO FILE A SATISFACTION AND IF YOU
DON'T, YOU END UP PAYING $100 TO THE JUDGMENT DEBTOR WHO OWED YOU
ALL THAT MONEY FOR ALL THAT TIME.
WELL, THIS BILL AMENDS THE LAW AND SAYS IF THE ORIGINAL
JUDGMENT WAS FOR MORE THAN $5,000, THEN YOU -- AND YOU DON'T SATISFY
THE JUDGMENT WITHIN 20 DAYS, THE PENALTY IS FIVE TIMES HIGHER THAN IT IS
UNDER CURRENT LAW, IT'D BE $500. THE PROBLEM WITH THAT IS AS THE
JUDGMENT GETS LARGER, SO DOES THE COMPLEXITY SOMETIMES IN GETTING A
SATISFACTION SIGNED BECAUSE THE JUDGMENT MIGHT COME FROM A
CORPORATION, AND THE LAWSUIT MAY INVOLVE LAWYERS. AND SO, THE
PAYMENT MIGHT BE TO A CLERK OF A CORPORATION AND IT MAY TAKE TIME FOR
THAT CLERK TO NOTIFY THE PROPER STAFF AND THE CORPORATION TO GET BACK TO
THE ATTORNEY TO MAKE SURE A PROPER RELEASE OR A DISCHARGE IS PREPARED
AND SENT BACK TO THE CORPORATION TO BE SIGNED. AND, OF COURSE, THESE
ARE RECORDED SO IT HAS TO BE NOTARIZED, AND BACK TO THE COUNTY CLERK ALL
WITHIN LESS THAN THREE WEEKS.
SO, THIS IS AN INTERESTING BILL WHERE WE PROVIDE A
MUCH BIGGER OPPORTUNITY FOR A JUDGMENT CREDITOR WHO OWES A LOT MORE
MONEY, WHO FINALLY PAYS OFF THE JUDGMENT, TO COLLECT A $500 REFUND, IF
YOU WILL, IF THAT SATISFACTION ISN'T FILED WITHIN 20 DAYS. I THINK THE $100
INCENTIVE IS ENOUGH AND I ALWAYS WINCE WHEN WE INCREASE THE PENALTY
TO SOMEONE WHO DOESN'T RESPOND IN LESS THAN THREE WEEKS TO A
JUDGMENT THEY MAY HAVE BEEN SEEKING TO GET SATISFIED FOR YEARS.
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SO, FOR THAT REASON, I WILL NOT BE SUPPORTING THIS AND
RECOMMENDING TO MY COLLEAGUES THAT THEY ALSO NOT SUPPORT THIS
CHANGE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 47. THIS IS A PARTY VOTE. ANY MEMBER
WISHING 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, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY IN THE NEGATIVE, BUT IF THERE ARE THOSE
WHO WISH TO SUPPORT THIS LEGISLATION, THEY SHOULD CALL THE MINORITY
LEADER'S OFFICE.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE
ON THIS ONE. WE ASK COLLEAGUES WHO WOULD CHOOSE NOT TO VOTE IN THE
AFFIRMATIVE, TO PLEASE CONTACT THE RESPECTIVE OFFICE AND WE WILL RECORD
YOUR VOTE.
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ACTING SPEAKER AUBRY: SO NOTED, MRS.
PEOPLES-STOKES. THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES: MR. SPEAKER.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: IF WE COULD RECORD OUR
COLLEAGUES MR. DILAN AND MS. WOERNER IN THE NEGATIVE.
ACTING SPEAKER AUBRY: SO NOTED.
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 WE
HAVE ANY HOUSEKEEPING AND/OR RESOLUTIONS TO TAKE UP?
ACTING SPEAKER AUBRY: NO HOUSEKEEPING,
MRS. PEOPLES-STOKES; HOWEVER, WE DO HAVE A NUMBER OF FINE
RESOLUTIONS WHICH WE WILL TAKE UP WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 974-977
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., THURSDAY,
JULY THE 23RD, TOMORROW BEING A SESSION DAY. AGAIN, 10:00 A.M.,
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NYS ASSEMBLY JULY 22, 2020
THURSDAY, JULY THE 23RD. TOMORROW IS A SESSION DAY.
ACTING SPEAKER AUBRY: I'M NOT GOING TO ASK
YOU THAT TIME AGAIN, BECAUSE I WAS FOOLED ONCE. FOOL ME TWICE, I DON'T
KNOW.
THE ASSEMBLY STANDS ADJOURNED.
(WHEREUPON, AT 9:05 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL THURSDAY, JULY 23RD AT 10:00 A.M., THURSDAY BEING A
SESSION DAY.)
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