WEDNESDAY, FEBRUARY 10, 2021                           11:06 A.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 PASTOR TOBIAS HALL WILL OFFER A PRAYER.

                                 PASTOR TOBIAS HALL:  GOOD MORNING,

                    DISTINGUISHED MEMBERS OF THE ASSEMBLY.  MY NAME IS TOBIAS HALL, THE

                    LEAD PASTOR FOR THE FELLOWSHIP CENTER.  I WANT TO THANK ALL OF YOU FOR

                    THIS HONOR THIS MORNING TO BE HERE WITH THIS WONDERFUL BODY OF

                    LEGISLATORS.  ALSO, I WANT TO GIVE A SPECIAL THANK YOU TO

                    ASSEMBLYWOMAN JUDY GRIFFIN FOR EXTENDING THIS INVITATION.

                                 LET US PRAY.  HOLY GOD AND FATHER, WE PRAY THAT ALL

                    MIGHT BE ONE, NOT THE SAME BUT ONE.  NOT ONE PARTY, NOT ONE RACE, NOT

                    ONE SINGLE INTEREST.  RATHER LET US BE OF ONE HEART, ONE MIND AND ONE

                    DESIRE TO SERVE YOU AND TO PLACE NOTHING ABOVE OR BEFORE YOU.  MAY

                                          1



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    OUR DESIRE TO SERVE YOU NEEDLE US TO SEE YOU IN THE FACES OF THOSE WE

                    ARE CALLED TO SERVE.  HELP US TO REALIZE THAT IN SERVICE TO OUR PEOPLE WE

                    ARE SERVING YOU.  HELP US TO SEE YOU IN EVERY AGE AND EVERY STATE OF

                    LIFE AMONG THOSE CREATED IN YOUR IMAGE AND IN YOUR LIKENESS.  LET US

                    SEE YOU IN THE DISABLED AND THOSE WHO ARE MOST VULNERABLE AND IN

                    NEED OF OUR PROTECTION AND CONCERN.  HELP US TO SEE YOU IN THE YOUNG

                    SEARCHING FOR SECURITY AND TO FOLLOW AFTER THEIR DREAMS.  AND ALSO HELP

                    US TO SEE YOU AMONG THE ELDERLY WHO ARE SEARCHING FOR CARE AND

                    COMFORT.  LET US SEE YOU AMONG THE HOMELESS WHO ARE LONGING FOR

                    SHELTER AND AMONG THE CONFUSED WHO ARE LONGING FOR CLARITY.  LET US

                    SEE YOU AMONG THOSE WHO ARE MARGINALIZED OR ADDICTED AND/OR

                    INCARCERATED WHO DEPEND UPON US FOR HELP AND SAFETY.  NEVER LET THE

                    OPINIONS OF OTHERS NOR THE SOCIAL TRENDS OF THIS DAY ALLOW US TO

                    ABANDONED YOUR LAW FOR OUR WILL OR OUR POPULARITY.  HEAVENLY FATHER,

                    YOU HAVE ALLOWED US AND OUR PEOPLE HAVE CHOSEN US TO WORK FOR THEM

                    AND TO GOD-GUIDE AND PROTECT THEM.  THEREFORE, GIVE US THE COURAGE OF

                    OUR CONVICTION, AND OUR BELIEF IN YOU, GUIDE OUR DECISIONS AND NEVER

                    LET THE POLITICAL EXPEDIENCE OF TODAY REPLACE OUR MORAL COMPASS.  HELP

                    US TO LEAD AND SERVE WITH HONOR AND INTEGRITY.  GIVE US THE WISDOM IN

                    TOUGH MOMENTS AND HELP US NOT BE FOCUSED ON WHAT DIVIDES US BUT ALSO

                    TO HARNESS TO THE BEST OF OUR HUMANITY WHICH WILL ALWAYS UNIFY US.  WE

                    PRAY FOR THE TEAM MEMBERS OF OUR STAFF, OUR ADMINISTRATORS, OUR INTERNS,

                    THOSE THAT SUPPORT US AS WE SERVE OUR CONSTITUENCY.  IN DOING THIS, MAY

                    WE MAKE THE GREAT STATE OF NEW YORK A PLACE WHERE YOUR LAW BE

                    UPHELD AND PEOPLE ARE GIVEN THE DIGNITY OF BEING YOUR CHILDREN.

                                          2



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    HEAVENLY FATHER, WE ALSO ASK FOR YOUR PROTECTION AS WE SERVICE OUR

                    CONSTITUENCY THROUGHOUT OUR TERM.  AND WE ALSO SAY A SPECIAL PRAYER OF

                    COMFORT FOR ALL THE FAMILIES WHO ARE GRIEVING DURING THESE MOST

                    DIFFICULT TIMES.  ALL THIS WE PRAY TO THE GOD WE LOVE AND WHO REIGNS

                    FOREVER AND EVER, AMEN.  GOD BLESS YOU.  THANK YOU SO MUCH FOR THIS

                    WONDERFUL OPPORTUNITY.  HAVE A SAFE AND BLESSED DAY.

                                 ACTING SPEAKER AUBRY:  VISITORS ARE INVITED

                    TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF TUESDAY, FEBRUARY 9TH.

                                 MRS. PEOPLES-STOKES.

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

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, FEBRUARY

                    THE 9TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I'D LIKE TO OFFER A QUOTE FOR TODAY.  I'M NOT SURE HOW MANY OF

                    YOU HAVE HAD OPPORTUNITIES TO RECEIVE E-MAILS FROM OUR DISTINGUISHED

                    COLLEAGUE MEMBER GOTTFRIED, BUT AT THE VERY END OF HIS E-MAIL IS AN

                    AMAZING QUOTE WHICH I THINK IS ALWAYS APPROPRIATE.  IT COMES FROM

                    NONE OTHER THAN NELSON MANDALA AND IT SAYS, "FREE YOURSELF, FREE

                                          3



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    OTHERS AND SERVE EVERY DAY."  WITH THAT, MR. SPEAKER, MEMBERS SHOULD

                    BE AWARE THAT YOU DO HAVE ON YOUR DESK THE MAIN CALENDAR, AND AFTER

                    WE TAKE UP RESOLUTIONS ON PAGE 3, OUR PRINCIPAL WORK FOR TODAY WILL BE

                    TO CONTINUE OUR CONSENT OFF THE MAIN CALENDAR WHERE WE LEFT OFF.  SO

                    WE'RE GOING TO BEGIN ON PAGE 10 STARTING WITH CALENDAR NO. 78 AND WE

                    WILL ALSO TAKE UP ON -- THESE BILLS ON DEBATE.  AFTER SEVERAL CHAPTER

                    AMENDMENTS THAT WE LEFT OFF FROM A FEW DAYS AGO THAT WERE LAID ASIDE,

                    WE'RE GOING TO GO BACK TO THOSE AS WELL, MR. SPEAKER.  AND

                    IMMEDIATELY FOLLOWING SESSION TODAY, THERE IS GOING TO BE A NEED FOR A

                    MAJORITY CONFERENCE.  AND SO, AS ALWAYS, MEMBERS SHOULD -- IF YOU

                    LOG IN NOW, YOU SHOULD JUST STAY IN, LOGGED IN, MAJORITY MEMBERS WILL

                    HAVE TO PARTICIPATE IN THIS UPCOMING CONFERENCE.  OF COURSE, MR.

                    SPEAKER, WE WILL CONTACT OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE

                    TO SEE WHAT THEIR NEEDS WILL BE, BUT THAT'S THE GENERAL OUTLINE OF WHERE

                    WE'RE GOING TODAY AND SO IF YOU HAVE ANY HOUSEKEEPING NOW WOULD BE

                    A GREAT TIME.

                                 ACTING SPEAKER AUBRY:  WE DO HAVE AN

                    INTRODUCTION BY ASSEMBLYWOMAN GRIFFIN.

                                 ASSEMBLYWOMAN GRIFFIN, YOU NEED TO UNMUTE

                    YOURSELF FOR THE INTRODUCTION.

                                 MS. GRIFFIN:  YES.  THANK YOU, MR. SPEAKER, FOR

                    PERMITTING ME TO INTRODUCE PASTOR TOBIAS HALL.  I WAS HONORED THAT

                    PASTOR TOBIAS HALL COULD OFFER THAT MEANINGFUL PRAYER TODAY.  PASTOR

                    TOBIAS IS THE FOUNDER AND LEAD PASTOR OF THE FELLOWSHIP CENTER IN

                    BALDWIN, LONG ISLAND.  WITH A LOVE FOR PEOPLE AND A PASSION TO SEE

                                          4



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    LIVES ENHANCED, HE AND HIS BEAUTIFUL WIFE TREENA WHO IS THE

                    CO-FOUNDER, STEPPED OUT ON GOD'S WORD TO PLANT THE FELLOWSHIP CENTER

                    IN 2018.  THEIR OVER 25 YEARS OF COMBINED MINISTRY EXPERIENCE AND

                    EDUCATION HAS GIFTED THEM WITH A COMPREHENSIVE ABILITY TO SUPPORT AND

                    STRENGTHEN PEOPLE IN ALL ASPECTS OF THEIR LIVES.  THE FELLOWSHIP CENTER

                    IS A MULTI-CULTURAL, MULTI-ETHNIC AND MULTI-GENERATIONAL EMERGING NEW

                    CHURCH THAT IS PASSIONATE ABOUT IMPACTING CULTURE WITH THE LOVE OF

                    JESUS CHRIST.  I WAS HONORED TO ATTEND THE GRAND OPENING OF THE

                    FELLOWSHIP CHURCH [SIC] A FEW YEARS AGO AND I'M ALWAYS PROUD TO WORK

                    WITH TOBIAS AND TREENA ON COMMUNITY OUTREACH.  WE HAVE DONE

                    SCHOOL SUPPLY DRIVES AND HOLIDAY TOY DRIVES TOGETHER.  THIS COUPLE AND

                    THEIR FAMILY TRULY PRACTICE WHAT THEY PREACH AND IT'S ALWAYS A BLESSING

                    TO BE IN THEIR COMPANY.  THANK YOU PASTOR TOBIAS HALL FOR OFFERING THE

                    PRAYER THIS MORNING.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MS.

                    GRIFFIN.  PASTOR TOBIAS, ON BEHALF OF THE SPEAKER AND ALL THE MEMBERS

                    AND MS. GRIFFIN, WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.  IT'S THE

                    FIRST TIME THAT I'VE HAD THE CHANCE TO DO THAT THIS YEAR.  THANK YOU

                    AGAIN FOR YOUR PRAYER AND PLEASE CONTINUE TO SERVICE YOUR COMMUNITY.

                    THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 WE DO HAVE A BIT OF HOUSEKEEPING.

                                 ON A MOTION BY MR. GOTTFRIED, PAGE 10, CALENDAR NO.

                    81, BILL NO. 839, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 RESOLUTIONS ON PAGE 3.  THE CLERK WILL READ.

                                          5



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 51, MS.

                    DICKENS.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM FEBRUARY 1-8, 2021 AS GUN VIOLENCE

                    SURVIVORS WEEK IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  MS. DICKENS ON THE

                    RESOLUTION.

                                 MS. DICKENS:  GOOD MORNING AND THANK YOU, MR.

                    SPEAKER.  ACROSS OUR CITY, OUR STATE, OUR NATION WE HAVE ALL BEEN

                    CONFRONTED WITH THE ISSUE OF GUN VIOLENCE.  WHETHER IN URBAN,

                    SUBURBAN OR RURAL COMMUNITIES, FAMILIES HAVE BEEN FORCED TO FACE THIS

                    EPIDEMIC THAT CONSUMES ALL OF US.  LIKE ANY OTHER PANDEMIC, GUN

                    VIOLENCE HAS ITS ORIGINS AT LEAST HERE IN AMERICA AND OUR FASCINATION

                    WITH THE 2ND AMENDMENT.  THIS IS NOT AN ATTACK ON OUR RIGHT TO BEAR

                    ARMS OR OUR RIGHT TO PROTECT OURSELVES FROM THOSE WHO WILL DO HARM.

                    THIS IS AN ATTACK ON THE WAY WE VIEW WEAPONS OF DEATH.  WEAPONS

                    HAVE BEEN ROMANTICIZED AND POP CULTURE, MOVIES, MUSIC HAS BECOME

                    PART OF THAT CULTURE.  WEAPONS TODAY ARE USED TO SETTLE ARGUMENTS AND

                    DISPUTES NO MATTER HOW MINOR.  IN THE ABSENCE OF RESPONSIBILITY, WE

                    HAVE GIVEN WAY TO ENTIRE GENERATIONS OF VIOLENCE AS THE ONLY WAY OUT

                    OF SITUATIONS.  IN THE CITY THAT I CALL HOME, THE COMMUNITY THAT I SO

                    LOVE, HARLEM, I HAVE SEEN DRUGS WHICH OF COURSE HAS LED TO VIOLENCE.

                    THE LEVEL OF VIOLENCE ASSOCIATED WITH THE LACK OF ECONOMIC

                    OPPORTUNITIES IN ALL AREAS AND BULLYING THROUGH SOCIAL MEDIA THAT HAS

                    LED TO VIOLENCE IN THOSE AREAS HAS BECOME ALMOST COMMONPLACE.  A

                                          6



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    MOTHER SHOT AND KILLED LAST WEEK BY HER SON LEAVING FOUR YOUNGER

                    SIBLINGS TO SURVIVE.  A WOMAN GROPED IN THE STREETS AND SHE AND HER

                    BOYFRIEND SHOT, SHE DIES FOR OBJECTING.  A WOMAN REFUSING THE

                    ADVANCES OF A GROUP OF SO-CALLED MEN IS DRAGGED, BEATEN AND BITTEN

                    WITH THE THREAT OF A GUN.  TODAY WE ACKNOWLEDGE GUN VIOLENCE IN OUR

                    SOCIETY AND THOSE WHO HAVE BEEN SURVIVORS OF THAT VIOLENCE.

                    GOVERNMENT HAS CREATED CURB VIOLENCE PROGRAMS:  IESHA SEKOU STREET

                    CORNER RESOURCES, HARLEM MOTHERS SAVE, ERICA FORD'S LIFE CAMP

                    AND CURB VIOLENCE PROGRAMS THROUGHOUT THE CITY IN ATTEMPTS TO STOP THE

                    VIOLENCE AND TO ASSIST THE SURVIVORS.

                                 TODAY, WE IN THIS ASSEMBLY STAND UNITED DEMANDING

                    A STOP TO VIOLENCE OF ALL FORMS AND TO RECOGNIZE AND HELP SURVIVORS OF

                    SUCH VIOLENCE.  THANK YOU TO MY COLLEAGUES AND THANK YOU, MR.

                    SPEAKER, FOR THIS OPPORTUNITY.

                                 ACTING SPEAKER AUBRY:  MR. ANGELINO ON THE

                    RESOLUTION.

                                 MR. ANGELINO:  ON THE RESOLUTION.  EVERYBODY

                    KNOWS AND THERE'S HARDLY A FAMILY THAT HAS NOT BEEN SOMEHOW TOUCHED

                    BY A SUICIDE OR AN ACCIDENTAL, INTENTIONAL SHOOTING.  I WILL VOTE IN FAVOR

                    OF THIS, BUT I ONLY WISH THAT IN THE THIRD PARAGRAPH IT HAD MENTIONED THE

                    POLICE OFFICERS WHO HAVE BEEN SHOT IN THE LINE OF DUTY.  THANK YOU.

                                 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. 52, MR.

                                          7



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    TAGUE.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM FEBRUARY 2021 AS CAREERS AND

                    TECHNICAL EDUCATION 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.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  SO IF WE COULD NOW GO TO PAGE 10 ON THE MAIN CALENDAR AND

                    TAKE UP CALENDAR NO. 78.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00268, CALENDAR NO.

                    78, PAULIN, BUTTENSCHON, LAVINE, ENGLEBRIGHT, CYMBROWITZ, GRIFFIN,

                    GOTTFRIED, DINOWITZ, STERN, CRUZ, ZEBROWSKI, COLTON, J. RIVERA,

                    LUPARDO, JEAN-PIERRE, THIELE, BRABENEC, MONTESANO, SCHMITT, BYRNE,

                    REILLY, SMULLEN, MCDONOUGH, COOK, GALEF, SAYEGH, REYES, WALCZYK,

                    HYNDMAN, ABINANTI, OTIS.  AN ACT TO AMEND THE GENERAL BUSINESS

                    LAW, IN RELATION TO TELECOMMUNICATION COMPANIES BLOCKING CERTAIN

                    NUMBERS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00355, CALENDAR NO.

                    79, BRAUNSTEIN, EICHENSTEIN, TAYLOR, CARROLL, RODRIGUEZ, REILLY.  AN

                    ACT TO AMEND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND

                    THE PUBLIC AUTHORITIES LAW, IN RELATION TO REQUIRING NOTICE TO MEMBERS

                                          8



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    OF THE LEGISLATURE AND CERTAIN LOCAL OFFICIALS RELATING TO CERTAIN

                    CONSTRUCTION AND OTHER PROJECTS AFFECTING SUCH MEMBERS' AND OFFICIALS'

                    DISTRICTS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON ASSEMBLY PRINT A00355.  THIS IS A FAST ROLL CALL.  ANY

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

                    CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

                    PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A00832, CALENDAR NO.

                    80, GOTTFRIED, DINOWITZ, ENGLEBRIGHT, GALEF, PAULIN, CUSICK, L.

                    ROSENTHAL, SAYEGH, BARRON.  AN ACT TO AMEND THE PUBLIC HEALTH LAW

                    AND THE INSURANCE LAW, IN RELATION TO CERTAIN CONTRACTS OR AGREEMENTS

                    BY HEALTH MAINTENANCE ORGANIZATIONS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00839, CALENDAR NO.

                    81 WAS AMENDED ON THIRD READING.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00960, CALENDAR NO.

                    82, STERN.  AN ACT TO AMEND THE CHAPTER OF THE LAWS OF 2020 RELATING TO

                                          9



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    AUTHORIZING THE ASSESSOR OF THE TOWN OF HUNTINGTON, COUNTY OF

                    SUFFOLK, TO ACCEPT FROM THE JOSHUA BAPTIST CHURCH, AN APPLICATION FOR

                    EXEMPTION FROM REAL PROPERTY TAXES, AS PROPOSED IN LEGISLATIVE BILLS

                    NUMBERS S.6869-A AND A.10221, IN RELATION TO MAKING THE EXEMPTION

                    CONTINGENT UPON THE APPROVAL OF THE TOWN BOARD OF HUNTINGTON.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    STERN, 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 SENATE PRINT S.863.  THIS IS A FAST ROLL CALL.  ANY MEMBER

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

                    MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A00961, CALENDAR NO.

                    83, STERN.  AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2020 RELATING TO

                    AUTHORIZING THE ASSESSOR OF THE TOWN OF HUNTINGTON, COUNTY OF SUFFOLK

                    TO ACCEPT FROM CHABAD LUBAVITCH CHAI CENTER, INC., AN APPLICATION FOR

                    EXEMPTION FROM REAL PROPERTY TAXES, AS PROPOSED IN LEGISLATIVE BILLS

                    NUMBERS S.8136 AND A.10206, IN RELATION TO MAKING THE EXEMPTION

                    CONTINGENT UPON THE APPROVAL OF THE TOWN BOARD OF HUNTINGTON.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                                         10



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    STERN, 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 SENATE PRINT S.862.  THIS IS A FAST ROLL CALL.  ANY MEMBER

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

                    MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A00990, CALENDAR NO.

                    84, JONES.  AN ACT TO AMEND THE CHAPTER OF THE LAWS OF 2020

                    ESTABLISHING THE ADIRONDACK ROAD SALT REDUCTION TASK FORCE, PILOT

                    PLAN AND TEST PROGRAM, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS

                    S.8663-A AND A.8767-A, IN RELATION TO ESTABLISHING THE ADIRONDACK

                    ROAD SALT REDUCTION TASK FORCE AND PILOT PROGRAM.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON SENATE PRINT S.1306.  THIS IS A FAST ROLL CALL.  ANY MEMBER

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

                    MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

                                         11



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 (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. A01052-B, CALENDAR

                    NO. 85 WAS PREVIOUSLY AMENDED ON THIRD READING.


                                 ASSEMBLY NO. A03022, CALENDAR NO. 86, FALL.  AN

                    ACT TO AMEND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN

                    RELATION TO REQUIRING A PROCESS FOR NOTIFICATION OF NEW HOMELESS

                    SHELTERS AND CONDUCTING A PUBLIC INFORMATION SESSION IN THE COMMUNITY

                    WHERE THE PROPOSED SHELTER IS TO BE LOCATED.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    FALL, 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 SENATE PRINT S.2556.  THIS IS A FAST ROLL CALL.  ANY MEMBER

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

                    MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. FALL TO EXPLAIN HIS VOTE.

                                 MR. FALL:  THANK YOU, MR. SPEAKER.  A FEW YEARS

                    AGO THE CITY OF NEW YORK STARTED THIS PROCESS IN MY DISTRICT WHERE

                    THEY REZONED A CERTAIN PORTION OF THE DISTRICT AND DURING THAT PERIOD

                    THERE WAS NO TALK THAT THEY WOULD PROPOSE A SHELTER IN THAT AREA.  AND IT

                                         12



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    WAS A LAST MINUTE THING, THERE WAS NO COMMUNITY INPUT AND WHAT WE'RE

                    DOING HERE WITH THIS BILL IS WE'RE TRYING TO GET THE COMMUNITY AN

                    OPPORTUNITY TO, YOU KNOW, VOICE, YOU KNOW, HOW THEY FEEL ABOUT THE

                    PROJECT BUT ALSO SO THE CITY CAN TAKE THOSE CONSIDERATIONS -- THOSE

                    THOUGHTS INTO CONSIDERATION BEFORE MOVING FORWARD ON ANY PROJECT.  I

                    WANT TO MAKE IT CLEAR THAT THIS IS NOT AN ANTI-HOMELESS SHELTER BILL.

                    THIS IS MORE OF MAKING SURE THAT THE COMMUNITY IS INVOLVED IN THE

                    PROCESS BEFORE THE CITY DECIDES TO MOVE ON A PROJECT AND THIS WILL NOT

                    DELAY ANY PROJECTS THAT THE CITY DOES HAVE PLANNED.  I WITHDRAW MY

                    REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. FALL IN THE

                    AFFIRMATIVE.

                                 MR. BARRON TO EXPLAIN HIS VOTE.

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

                    YOU SO MUCH AND I WANT TO COMMEND ASSEMBLYMEMBER FALL ON THIS

                    ONE.  IN MOST OF OUR BLACK AND BROWN COMMUNITIES WE'RE

                    OVERSATURATED WITH SHELTERS.  AND WHEN WE LOOK AT HOW SHELTERS ARE

                    BEING DISTRIBUTED AROUND THE CITY, YOU WILL SEE AN OVERSATURATION AND

                    IT'S A VIOLATION THAT WE'VE BEEN FIGHTING AGAINST FOR THE LONGEST.  AND

                    WHEN YOU LOOK AT THE FACT THAT IN NEW YORK CITY IN PARTICULAR WHERE

                    THE MAYOR'S COMMITTING TO 300,000 UNITS OF HOUSING FOR THE NEXT TEN

                    YEARS, IF 60 PERCENT OR 30 PERCENT OF THAT WOULD BE FOR THE HOMELESS,

                    WE CAN PUT A DENT IN HOMELESSNESS LIKE NEVER BEFORE BUT WE DON'T HAVE

                    THAT KIND OF MAYOR, NOR DO WE HAVE THAT KIND OF GOVERNOR THAT'S REALLY

                    SERIOUS ABOUT GETTING PERMANENT HOMES FOR OUR PEOPLE.  AS A MATTER OF

                                         13



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    FACT, THE GOVERNOR EVEN SCRAPPED THE ADVANTAGE PROGRAM THAT WAS A

                    HOUSING SUBSIDY, RENT SUBSIDIES FOR THE HOMELESS.  SO THE COMMITMENT

                    TO THE HOMELESS IN THIS STATE AND CITY IS EMBARRASSINGLY DISMAL AND IT'S

                    A CONTRADICTION TO ANY KIND OF A SO-CALLED PROGRESSIVE LIBERALISM THAT

                    PEOPLE PROCLAIM.  AND I THINK THIS BILL, WHILE IT DOESN'T HAVE THE TEETH

                    TO BRING MORE PERMANENT HOUSING TO PEOPLE WHO ARE HOMELESS, AT LEAST

                    IT DOES MAKE THE PROCESS A LITTLE MORE INVOLVED WITH THE COMMUNITY.

                    AND WE'VE HAD -- IN EAST NEW YORK WE'VE HAD PROJECTS THAT MY WIFE

                    AND I - COUNCIL MEMBER INEZ BARRON - REFUSED TO SIGN ONTO UNLESS THEY

                    HAD A PERCENTAGE OF HOMELESS PEOPLE BEING INCLUDED IN IT.  AND WE

                    EVEN HAD A PROJECT THAT WAS FROM THE GOVERNOR'S FAMILY - HEALTH

                    HOMES, INC. AND FROM -- THE MAYOR WANTED IT AND THEY WANTED TO BUILD

                    A NEW SHELTER ALONG WITH 300 UNITS OF HOUSING.  WHEN WE STOOD STRONG

                    AND SAID "NO" BECAUSE OF THE USURP PROCESS IN THE CITY WHERE WE

                    ACTUALLY HAD THE POWER TO TURN DOWN A PROJECT THAT DIDN'T RESPECT THE

                    HOMELESS, WE GOT 500 UNITS AND 200 UNITS WERE FOR HOMELESS FOR

                    PERMANENT HOMES.  I COMMEND YOU AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. BARRON IN THE

                    AFFIRMATIVE.

                                 MR. RODRIGUEZ.

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

                    OPPORTUNITY TO EXPLAIN MY VOTE AND I ALSO WOULD LIKE TO COMMEND THE

                    SPONSOR OF THE LEGISLATION FOR THIS IMPORTANT INITIATIVE.  AND WHAT WE

                    HAVE SEEN AND WHAT HAS BEEN MENTIONED EARLIER BY THE MEMBERS OF THE

                    ASSEMBLY AND MY COLLEAGUES IS THAT THERE HAS BEEN ABUSE OF THE

                                         14



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    EMERGENCY SHELTER LAWS.  THE CITY OF NEW YORK HAS TAKEN UPON ITSELF

                    TO PUT SHELTERS IN PLACES THAT ALREADY HAVE TREMENDOUS AMOUNTS OF

                    SHELTER -- SHELTER BEDS.  IN EAST HARLEM, THE AREA THAT I REPRESENT, WE

                    HAVE SOME OF THE BIGGEST HOMELESS SHELTERS IN THE CITY.  WE HAVE

                    RANDALLS AND WARDS ISLANDS SO WE ARE ESSENTIALLY HOUSING, YOU KNOW,

                    MUCH OF -- OF THE HOMELESS POPULATION OF MANHATTAN AND OTHER PARTS OF

                    THE CITY.  AND EVEN THROUGH THAT THE CITY HAS FOUND A WAY TO CONTINUE

                    TO SITE SMALLER HOMELESS FACILITIES, YOU KNOW, IN THE DISTRICT DESPITE

                    CLEAR COMMUNITY OPPOSITION REGARDING ADDITIONAL, YOU KNOW, SHELTER

                    FACILITIES WHERE WE ARE ALREADY CLEARLY DOING A TREMENDOUS AMOUNT.

                    AND THAT'S A DISSERVICE AS WELL TO, YOU KNOW, THE FOLKS, YOU KNOW, WHO

                    ARE SEEKING HOMELESS -- WHO ARE SEEKING HOMES.  YOU KNOW, THERE --

                    THERE ISN'T AN EQUITABLE DISTRIBUTION.  THERE ISN'T AN OPPORTUNITY TO LIVE

                    ANYWHERE.  THERE ISN'T -- YOU HAVE TO GO WHERE YOU'RE SENT AND -- AND

                    -- AND THERE'S BEEN POOR PLANNING IN THIS PROCESS IN THE PAST WHICH IS

                    WHY WE HAVE THESE OVER CONCENTRATIONS IN PLACES LIKE EAST HARLEM AND

                    CENTRAL BROOKLYN AND THAT NEEDS TO CHANGE.  AND A PART -- A PART OF THIS

                    LEGISLATION LOOKS TO DO THAT AND FRANKLY WE SHOULD BE DOING MORE TO

                    MAKE SURE THERE'S A MORE EQUITABLE DISTRIBUTION AND THAT THE PEOPLE

                    WHO ARE IN SHELTERS ARE PROVIDED WITH THE -- THE KINDS OF HOMES THAT --

                    THAT WE ALL WOULD WANT FOR -- FOR OUR NEIGHBORS.  SO WITH THAT, I THANK

                    THE SPONSOR AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. RODRIGUEZ IN THE

                    AFFIRMATIVE.

                                 MS. SIMON.

                                         15



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

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

                    TO EXPLAIN MY VOTE.  I ALSO WANT TO COMMEND THE SPONSOR OF THIS BILL.

                    THIS ISSUE WITH REGARD TO THE SITING OF SHELTERS UNDER THE EMERGENCY

                    POWERS OF THE CITY HAS BEEN AFFRONT WITH PROBLEMS ALL OVER AND PEOPLE

                    ARE RIGHTFULLY CONCERNED THAT THEY HAVE NO VOICE IN THESE

                    DETERMINATIONS.  THEY HAVE NO ABILITY TO GIVE INPUT AND SO MANY OF

                    THESE LOCATIONS ARE PROBLEMATIC IN THEIR OWN RIGHT AND BETTER LOCATIONS

                    COULD BE FOUND.  AND OF COURSE THE REAL ISSUE IS FINDING PERMANENT

                    HOUSING FOR PEOPLE AND THAT'S ONE OF THE REASONS WHY I SUPPORTED

                    HOUSING, FOR EXAMPLE, SO STRONGLY.  SO I WANT TO COMMEND THE SPONSOR

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

                                 ACTING SPEAKER AUBRY:  MS. SIMON IN THE

                    AFFIRMATIVE.

                                 MR. SAYEGH.

                                 MR. SAYEGH:  I JUST WANTED TO TAKE THE OPPORTUNITY

                    TO ALSO COMMEND THE SPONSOR AND REALLY STRESS THE IMPORTANCE OF -- OF

                    MORE DIALOG AND MORE PARTICIPATION WHEN PLANNING FOR SHELTER SITES.  IN

                    MANY COMMUNITIES, INCLUDING MINE IN THE CITY OF YONKERS, YOU KNOW,

                    EFFORTS WERE -- WERE MADE TO -- TO CHANGE THE LOCATIONS OF SITES FOR

                    HOMELESS SHELTERS AND WITH THAT CONSULTATION WITH THE LOCAL

                    COMMUNITY, THE BUSINESS COMMUNITY AND VERY OFTEN WITHOUT BEING

                    ABLE TO PLAN NECESSARY SUPPLEMENTAL SERVICES THAT ARE OFTEN NECESSARY

                    WHEN -- WHEN CONSIDERING A LOCATION.  SO I THINK IT'S CRUCIAL, IT'S

                    IMPORTANT.  THAT -- THAT EFFECTUATES DIALOG AND BETTER PLANNING THAT I

                    BELIEVE WOULD BEST SERVE THE NEEDS OF THE HOMELESS POPULATION.  THANK

                                         16



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    YOU VERY MUCH AND I WOULD BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. SAYEGH IN THE

                    AFFIRMATIVE.

                                 MR. ANDERSON.

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

                    EXPLAIN MY VOTE.

                                 ACTING SPEAKER AUBRY:  PROCEED.

                                 MR. ANDERSON:  I AM, MR. SPEAKER, HESITANT WITH

                    THIS PIECE OF LEGISLATION GIVEN THE NIMBYISM THAT I'VE SEEN IN AND

                    AROUND MY DISTRICT.  I'VE BEEN -- I'VE ATTENDED SOME OF THESE PUBLIC

                    NOTIFICATION MEETINGS WHERE THE COMMUNITY HAS BEEN GENUINELY AND

                    RIGHTFULLY FRUSTRATED WITH THE PLACEMENT OF A SHELTER IN AND AROUND THE

                    NEIGHBORHOOD WITHOUT SUFFICIENT AMOUNT OF NOTIFICATION.  AND I

                    UNDERSTAND THE NEED AND THE IMPORTANCE FOR FOLKS TO BE NOTIFIED WHEN

                    ANYTHING IS COMING TO THEIR COMMUNITY, BUT I JUST DON'T WANT THIS PIECE

                    OF LEGISLATION TO BE AN OPEN DOOR TO NIMBYISM, AN OPEN DOOR TO SOME

                    OF THE THINGS THAT I'VE SEEN.  I'VE SEEN ENTIRE PROTESTS AND

                    DEMONSTRATIONS AS IF THEY WERE ANIMALS, THE PEOPLE FROM THE SHELTER, AS

                    IF THEY WERE ANIMALS COMING INTO THE COMMUNITY BUT THEY'RE JUST

                    SIMPLY FAMILIES AND INDIVIDUALS THAT NEED A HOME, THAT NEED A PLACE TO

                    LIVE AND WE SHOULD WELCOME THEM WITH OPEN ARMS AND BE

                    COMPASSIONATE.  BUT I ALSO UNDERSTAND THE OTHER PART OF THE ARGUMENT,

                    MR. SPEAKER, THAT OUR COMMUNITIES DESERVE AND REQUIRE NOTIFICATION ON

                    THIS BILL AND SO I DO VOTE IN THE AFFIRMATIVE WITH STRONG RESERVATIONS

                    ABOUT THE IMPLICATIONS THAT THIS BILL WILL HAVE IN EXPANDING

                                         17



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    NIMBYISM, WHICH IS NOT IN MY BACKYARD IDEAS AROUND HOMELESS

                    SHELTERS BEING PLACED IN AND AROUND PARTS OF THE CITY.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. ANDERSON IN THE

                    AFFIRMATIVE.

                                 MS. HYNDMAN.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  IN SOUTHEAST QUEENS IN COMMUNITY

                    BOARD 12 WE HAVE A HIGH NUMBER OF SHELTERS THAT HAVE BEEN PLACED

                    MORE THAN OTHER PARTS OF THE CITY.  WHAT THIS BILL DOES IS ENCOURAGE THE

                    CONVERSATION OF COMMUNITIES TO BE NOTIFIED.  IT DOESN'T STOP A SHELTER.

                    IT DOESN'T STOP COMMUNITIES FROM -- FROM EXPANDING WITH THESE -- WITH

                    THESE FACILITIES, BUT WHAT IT DOES IS ENCOURAGE THE CONVERSATION.  WHEN

                    YOU HAVE A -- A DISPROPORTIONATE AMOUNT OF SHELTERS IN YOUR DISTRICT AND

                    YOU SEE SHELTERS NOT GOING IN OTHER COMMUNITIES OR OTHER COMMUNITIES

                    PASSING LEGISLATION OR SUING THE CITY OF NEW YORK, IT'S ONLY FAIR THAT

                    EVERY COMMUNITY BE TREATED THE SAME.  I THANK THE SPONSOR FOR THIS

                    LEGISLATION AND I WILL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. HYNDMAN IN THE

                    AFFIRMATIVE.

                                 MR. COLTON.

                                 MR. COLTON:  I ALSO WOULD LIKE TO SAY THAT THERE

                    HAS BEEN A VERY LARGE NUMBER OF VARIOUS CENTERS SUCH AS THIS BEING

                    OPENED WITHOUT ANY COMMUNITY INPUT.  THAT IS A RECIPE FOR FAILURE FOR

                    SUCH CENTERS.  THERE HAS TO BE COMMUNICATION WITH THE COMMUNITY AND

                                         18



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    THERE HAS TO BE IMPORTANT INFORMATION GIVEN TO THE COMMUNITY.  WE

                    HAVE TO ACT RESPONSIBLY ON THAT INFORMATION AND THE PUBLIC, I BELIEVE,

                    CAN BE LED TO MAKE THE RIGHT DECISION IN -- IF IN FACT THE CENTER IS

                    HELPING THE PEOPLE THEY CLAIM TO HELP.  BUT I THINK THAT THE EXAMPLES

                    HAVE BEEN MUCH THE OPPOSITE WAY AND PART OF THE PROBLEMS WITH SOME

                    OF THE OPPOSITION IS THE LACK OF INFORMATION.  SO, THEREFORE, I THINK THIS

                    LEGISLATION IS NEEDED AND I SUPPORT IT AND I WITHDRAW MY REQUEST AND I

                    VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. COLTON IN THE

                    AFFIRMATIVE.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  BEFORE I ANNOUNCE OUR EXCEPTIONS, I WOULD LIKE TO SPEAK ON

                    THE BILL TO EXPLAIN MY VOTE.  I ACTUALLY DO WANT TO COMMEND THE

                    SPONSOR OF THIS PIECE OF LEGISLATION BECAUSE HERE'S WHAT HAPPENS ALL TOO

                    OFTEN, NOT JUST ON THIS ISSUE, BUT ON MANY OTHER ISSUES.  PEOPLE DECIDE

                    WHICH COMMUNITIES ARE REVELANT [SIC] TO HAVE A CONVERSATION WITH AND

                    WHICH COMMUNITIES JUST SHOULD ACCEPT WHAT THEY'RE GIVEN.  I SUBMIT

                    AND I'M SURE THE SPONSOR SUBMITS THAT EVERY COMMUNITY DESERVES A

                    CONVERSATION ABOUT WHAT'S GETTING READY TO HAPPEN IN THEIR

                    NEIGHBORHOOD.  IN FACT, IN MANY CASES THE ISSUE THAT'S BEING PUSHED

                    COULD BE MORE ACCEPTED THAN PEOPLE EVEN THOUGHT IF THEY WERE JUST

                    GIVEN AN OPPORTUNITY TO HAVE A CONSERVATION ABOUT IT.

                                 I REPRESENT A DISTRICT WHERE THIS HAS HAPPENED MORE

                    THAN ONCE, NOT SPECIFICALLY ON THIS ISSUE BUT ON OTHER ISSUES WHERE

                                         19



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    PEOPLE THEY JUST COME, THEY DECIDED THAT THEY WANT TO COME BACK TO

                    THE COMMUNITY AND THIS IS WHAT THEY WANT TO DO.  THIS IS NOT THE WAY IT

                    WORKS, MR. SPEAKER.  IF PEOPLE ARE ALREADY LIVING THERE, THEIR VOICE,

                    THEIR HOME, THEIR COMMUNITY IS CRITICALLY IMPORTANT TO THEM AND TO

                    SUGGEST THAT THEY DON'T HAVE AN OPPORTUNITY TO SPEAK INTO WHAT HAPPENS

                    NEXT IN THEIR COMMUNITY IS APPARENTLY UNFAIR -- PURELY UNFAIR.  SO I

                    WANT TO THANK THE SPONSOR FOR HIS LEADERSHIP ON THIS ISSUE AND I HOPE

                    THAT IT WILL MAKE A DIFFERENCE IN HIS COMMUNITY AND EVERY OTHER

                    COMMUNITY THROUGHOUT THE STATE OF NEW YORK.

                                 WITH THAT, MR. SPEAKER, WE DO HAVE SOME EXCEPTIONS

                    WHICH I'D LIKE TO ACKNOWLEDGE:  MS. GALLAGHER, MR. MAMDANI, MR.

                    HEVESI AND MS. MITAYNES.

                                 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, WE HAVE

                    SOME PREVIOUS EXCEPTIONS ON ASSEMBLY BILL NO. 990 THAT WERE NOT

                    PROPERLY RECORDED SO IF YOU COULD DO SO NOW.  MR. MAMDANI, MS.

                    SOUFFRANT FORREST, MS. MITAYNES AND MS. GALLAGHER.

                                 ACTING SPEAKER AUBRY:  SO NOTED.  THANK

                    YOU.

                                 MRS. PEOPLES-STOKES:  THANK YOU.  NOW, MR.

                    SPEAKER, IF WE COULD GO BACK TO PAGE 4, BEGIN WITH CALENDAR NO. 10

                                         20



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    ON DEBATE BY MS. DE LA ROSA.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00974, CALENDAR NO.

                    10, DE LA ROSA, COLTON.  AN ACT TO AMEND THE LABOR LAW, IN RELATION

                    TO ESTABLISHING A REGISTRY OF WORKPLACE FATALITIES IN THE CONSTRUCTION

                    INDUSTRY TO RECORD INFORMATION PERTAINING TO ALL INCIDENTS UNDER WHICH

                    A WORKER PERFORMING CONSTRUCTION WORK SUFFERS A WORK-RELATED FATAL

                    INJURY; AND TO AMEND A CHAPTER OF THE LAWS OF 2020 AMENDING THE

                    LABOR LAW RELATING TO ESTABLISHING A REGISTRY OF WORKPLACE FATALITIES IN

                    THE CONSTRUCTION INDUSTRY TO RECORD INFORMATION PERTAINING TO ALL

                    INCIDENTS UNDER WHICH AN EMPLOYEE PERFORMING CONSTRUCTION WORK

                    SUFFERS A WORK-RELATED FATAL INJURY, AS PROPOSED IN LEGISLATIVE BILLS

                    NUMBERS S.8828 AND A.5965-A, IN RELATION TO THE EFFECTIVENESS

                    THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    DE LA ROSA, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 MS. WALSH.

                                 MS. WALSH:  AN EXPLANATION IS REQUESTED, PLEASE.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. DE LA ROSA.

                                 MS. DE LA ROSA:  THANK YOU, MR. SPEAKER.  THIS

                    BILL WOULD MAKE TECHNICAL CHANGES TO CHAPTER 375 OF THE LAWS OF

                    2020 IN ORDER TO EFFECTUATE THE INTENT OF THE LAW.  CONSTRUCTION WORK IS

                    INHERENTLY ONE OF THE MOST DANGEROUS JOB INDUSTRIES FOR WORKERS.  NEW

                                         21



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    YORKERS WORKING ON CONSTRUCTION SITES ARE ROUTINELY EXPOSED TO UNSAFE

                    WORKING CONDITIONS THAT PUT THEM AT RISK FOR FATAL INJURIES RELATED TO

                    FALLS, MACHINERY, FAILING OBJECTS AND STRUCTURAL COLLAPSE, BUT WITH 58

                    COUNTY CORONERS AND MEDICAL EXAMINERS THROUGHOUT NEW YORK STATE,

                    ANY NUMBER OF VARIATIONS CONCERNING WHAT CONSTITUTES A WORKPLACE

                    FATALITY MAY EXIST.  FURTHER, EACH MUNICIPALITY, PLUS THE NEW YORK

                    COUNTY OF OCCUPATIONAL SAFETY AND HEALTH, OSHA AND THE FEDERAL

                    BUREAU OF LABOR STATISTICS MAY ALL, AT TIMES, HAVE DIFFERENT STATISTICS ON

                    THE NUMBER OF DEATHS ON THE JOB.  FOR THESE REASONS IT IS IMPERATIVE FOR

                    ACCURATE DATA TO BE COLLECTED REGARDING ALL INCIDENTS UNDER WHICH

                    INDIVIDUALS PERFORMING CONSTRUCTION WORK SUFFER WORK-RELATED FATALITIES

                    OR INJURIES ON THE WORKPLACE.  THIS BILL WOULD MAKE TECHNICAL CHANGES

                    TO ENSURE THAT THERE IS A CENTRALIZED REGISTRY IN NEW YORK STATE THAT

                    CONTAINS THE CIRCUMSTANCES OF WORKPLACE DEATHS IN THE CONSTRUCTION

                    INDUSTRY ACCOMPANIED BY DEMOGRAPHIC DATA ON THE VICTIMS SO THAT WE

                    MAY CONTINUE TO WORK TOWARDS IMPROVING THE SAFETY AND THE HEALTH OF

                    THOSE ON CONSTRUCTION JOBS ACROSS THE STATE.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. TAGUE.

                                 (PAUSE)

                                 MR. TAGUE.

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  MY

                    COLLEAGUE MR. TAGUE IS HAVING A FEW TECHNICAL DIFFICULTIES SO IN THE

                    MEANTIME I'D LIKE TO START BY ASKING IF THE SPONSOR WILL YIELD FOR JUST A

                                         22



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    FEW QUESTIONS.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA, WILL

                    YOU YIELD?

                                 MS. DE LA ROSA:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS,

                    MS. WALSH.

                                 MS. WALSH:  GOOD MORNING, MS. DE LA ROSA.  I

                    MISS NOT SEEING YOU IN THE -- IN THE CHAMBER HERE.  IT'S NICE TO GET A

                    CHANCE TO TALK TO YOU A LITTLE BIT.  I HAVE JUST A COUPLE OF QUESTIONS

                    ABOUT WHAT THIS CHAPTER AMENDMENT DOES.  YOU GAVE A PRETTY DETAILED

                    EXPLANATION, BUT THE WAY THAT I SAW IT WAS ONE OF THE CHANGES IS THAT

                    THE TERMS "EMPLOYEE AND EMPLOYER" ARE GOING TO BE REPLACED IN THIS

                    LAW WITH THE TERMS "WORKER AND CONTRACTOR."  WHY WAS THAT DECISION

                    MADE TO REPLACE THOSE TERMS IN THAT WAY?

                                 MS. DE LA ROSA:  THANK YOU FOR THE QUESTION, MS.

                    WALSH.  THIS IS BECAUSE THE REGISTRY WOULD NOT ONLY CAPTURE

                    INFORMATION ABOUT EMPLOYEES WHO SUFFER FATAL INJURIES WHILE

                    PERFORMING WORK, BUT ALSO IT CAPTURES INDEPENDENT CONTRACTORS,

                    APPRENTICE, INTERNS, VOLUNTEERS AND OTHER WORKERS IN AN ATTEMPT TO HAVE

                    A MORE FULL PICTURE OF WHAT IS HAPPENING IN CONSTRUCTION SITES ACROSS

                    OUR STATE.

                                 MS. WALSH:  SO WOULD IT BE FAIR TO SAY THAT BY

                    CHANGING THOSE TERMS YOU ARE EXPANDING THE SCOPE OF THE TYPES OF

                    INDIVIDUALS WHOSE ACCIDENTS OR INJURIES ARE GOING TO BE REFLECTED IN THIS

                    DATABASE?

                                         23



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MS. DE LA ROSA:  CORRECT.

                                 MS. WALSH:  OKAY.  ANOTHER THING THAT THE CHAPTER

                    AMENDMENT DOES IS IT GIVES THE DEPARTMENT OF LABOR AN ADDITIONAL

                    YEAR, IS THAT CORRECT, TO GET THIS REGISTRY UP AND GOING?

                                 MS. DE LA ROSA:  YES.  WE ARE GIVING THEM

                    12-MONTHS TIME FRAME TO ALLOW FOR THEM TO GET AN ELECTRONIC ONLINE

                    REGISTRY UP.  SO WE'RE GIVING A LITTLE BIT MORE TIME TO THE DEPARTMENT IN

                    ORDER TO GET THE REGISTRY READY TO GO.

                                 MS. WALSH:  OKAY, THANK YOU.  AND THE LAST

                    QUESTION I REALLY HAVE FOR YOU IS ON PAGE 3 OF THE BILL AT AROUND LINE 29

                    IT LOOKS AS THOUGH SOME LANGUAGE WAS TAKEN OUT WHICH WAS A METHOD

                    THAT THE EMPLOYERS WERE SUPPOSED TO USE TO NOTE THE INJURIES OR

                    ACCIDENTS TO DEPARTMENT OF LABOR; IS THAT -- IS THAT CORRECT?

                                 (PAUSE)

                                 THE REPORTING SYSTEM, MS. DE LA ROSA, WAS GOING TO

                    BE ON LINE.  IS THAT STILL THE CASE?  I KNOW THAT THE REGISTRY IS GOING TO BE

                    ON LINE BUT WHAT ABOUT THE ELECTRONIC INFORMATION REPORTING SYSTEM?

                                 MS. DE LA ROSA:  THE -- THE REPORTING SYSTEM WILL

                    NOT BE CONTAINED SPECIFICALLY ON LINE.  THE DEPARTMENT WILL COLLECT THE

                    INFORMATION AND THEN REPORT OUT THE DATA IN A WAY THAT DOES NOT GIVE OFF

                    THE PERSONAL IDENTIFYING INFORMATION OF PEOPLE WHO HAVE BEEN VICTIMS

                    OF DEATH OR HAVE DIED ON SITE.  SO THE DEPARTMENT WILL COLLECT ALL THE

                    IDENTIFYING INFORMATION BUT THEY WILL NOT POST ALL OF THAT INFORMATION

                    ON LINE.  IT WILL BE -- IT WOULD HIDE IDENTIFYING INFORMATION.

                                 MS. WALSH:  VERY GOOD.  SO THE EMPLOYERS HAVE AN

                                         24



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    AFFIRMATIVE OBLIGATION TO NOTIFY DEPARTMENT OF LABOR OF THESE -- THESE

                    EVENTS, THESE ACCIDENTS.  IF THEY CAN'T USE AN ON LINE REPORTING SYSTEM,

                    HOW ARE THEY SUPPOSED TO LET DEPARTMENT OF LABOR KNOW ABOUT THEM?

                    DOES THE BILL SPEAK TO THAT?

                                 MS. DE LA ROSA:  WELL, THE BILL SPEAKS TO THEM

                    HAVING ABOUT 90 DAYS AFTER A CORONER HAS DETERMINED THE CAUSE OF

                    DEATH OF AN ACCIDENT FOR THE REPORTING TO HAPPEN TO THE DEPARTMENT OF

                    LABOR.  IT DOES NOT SPEAK TO HOW THE -- THE REPORTS ARE MADE.  SIMPLY

                    THE -- THE EMPLOYER WOULD NOTIFY THE DEPARTMENT OF LABOR WHEN THESE

                    INCIDENTS OCCUR, HOW THEY OCCURRED AND -- AND THE INFORMATION

                    REQUESTED WITHIN THE LEGISLATION.

                                 MS. WALSH:  VERY GOOD.  THANK YOU SO MUCH, MS.

                    DE LA ROSA.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MS.

                    WALSH.

                                 MS. WALSH:  SO THIS CHAPTER AMENDMENT, AS I

                    NOTED DURING DEBATE, DOES -- DOES SEVERAL DIFFERENT THINGS.  IT GIVES

                    DEPARTMENT OF LABOR AN EXTRA YEAR TO GET THEIR ONLINE REGISTRY UP AND

                    GOING.  I HAVE NO REAL ISSUE WITH THAT.  THE -- THE ISSUE REALLY - AND IT

                    WAS BROUGHT OUT WHEN WE DEBATED THE BILL-IN-CHIEF LAST YEAR - IS REALLY

                    THAT THIS REGISTRY IS IN MANY RESPECTS GOING TO BE DUPLICATIVE OF OTHER

                    REQUIREMENTS THAT EMPLOYERS ALREADY HAVE TO REPORT WORKPLACE

                    ACCIDENTS.  WE HAVE THE EMPLOYEE MIND SAFETY HEALTH ADMINISTRATION.

                    WE HAVE THE NEW YORK FATALITY ASSESSMENT AND CONTROL EVALUATION

                                         25



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    PROGRAM WHICH REPORTS TO DEPARTMENT OF HEALTH.  WE HAVE THE

                    DEPARTMENT OF LABOR ITSELF WHICH CONDUCTS AN ANNUAL SURVEY OF

                    OCCUPATIONAL INJURIES AND ILLNESSES.  WE ALSO HAVE -- AT THE FEDERAL

                    LEVEL WE HAVE FEDERAL OSHA, THE OCCUPATIONAL SAFETY AND HEALTH

                    ADMINISTRATION.  SO I WOULD ONLY NOTE THAT THIS BILL IS PLACING AN

                    ADDITIONAL BURDEN ON EMPLOYERS TO REPORT THESE WORKPLACE ACCIDENTS

                    AND ANY TIME WE DO THAT WE'RE ADDING TO THE REGULATORY BURDEN ON OUR

                    EMPLOYERS AND WE'RE ALSO ADDING TO THEIR COST FOR COMPLIANCE.  SO I

                    THINK THAT THAT PROBABLY WAS THE REASON WHY WE HAD A NUMBER OF

                    NO-VOTES LAST YEAR ON THE BILL-IN-CHIEF AND SOME MAY FEEL THAT THE -- THE

                    VERY EXISTENCE OF THE REGISTRY, EVEN THOUGH IT'S BEING AMENDED

                    SOMEWHAT THROUGH THIS CHAPTER AMENDMENT, IS STILL PROBLEMATICAL.  SO

                    VERY GOOD.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MS.

                    WALSH.

                                 MR. TAGUE, ARE YOU AVAILABLE NOW?

                                 (PAUSE)

                                 MR. MANKTELOW.

                                 MR. MANKTELOW:  THANK YOU, MR. SPEAKER.

                    WOULD THE SPONSOR YIELD FOR ONE QUESTION, PLEASE?

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA, WILL

                    YOU YIELD?

                                 MS. DE LA ROSA:  YES.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA

                    YIELDS.

                                         26



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MR. MANKTELOW:  THANK YOU, SIR.  THANK YOU,

                    ASSEMBLYWOMAN.  ONCE WE GET THE DATABASE AND GET ALL THE

                    INFORMATION IN, WHAT HAPPENS WITH THAT INFORMATION?  WHAT'S THE --

                    WHAT'S THE END PRODUCT OF THE INFORMATION?

                                 MS. DE LA ROSA:  THE INFORMATION WILL BE POSTED

                    ON AN ONLINE REGISTRY IN ORDER FOR THAT DATA TO BE EXAMINED BY PEOPLE

                    WHO ADVOCATE FOR WORKER'S SAFETY FOR OTHER FOLKS WHO MAY WANT TO

                    REGISTER AND SEE WHAT'S HAPPENED IN WORKPLACES AROUND THEIR

                    COMMUNITY.  SO IT WILL BE AVAILABLE FOR PEOPLE TO KIND OF GET A SENSE

                    FOR THE INCIDENTS THAT HAVE OCCURRED ON CONSTRUCTION SITES.  AND THIS IS

                    IMPORTANT BECAUSE AS YOU KNOW CONSTRUCTION DEATHS AND ACCIDENTS ARE

                    SO COMMON AND THE LIVES OF SO MANY PEOPLE HAVE BEEN TAKEN FROM

                    UNSAFE WORKER CONDITIONS AT SOME SITES.

                                 MR. MANKTELOW:  WOULD OTHER CONSTRUCTION

                    COMPANIES BE ABLE TO SEE WHAT ANOTHER CONSTRUCTION COMPANY DID AS

                    FAR AS FATALITIES OR WOULD THAT BE OUTLINED IN THIS REPORT?

                                 MS. DE LA ROSA:  WELL, WHAT WOULD BE OUTLINED IN

                    THE REPORT WOULD BASICALLY BE THE DEMOGRAPHIC INFORMATION OF THE

                    PERSON WHO HAS LOST THEIR LIVES.  THE CAUSE OF DEATH, THE LOCATION OF THE

                    DEATH, THE NAME AND ADDRESS OF THE EMPLOYER ARE INFORMATIONS THAT

                    WE'RE COLLECTING IN THIS -- IN THIS BILL AND SO THAT INFORMATION WILL BE

                    AVAILABLE TO THE PUBLIC WHO WILL SEARCH THE DATABASE -- WHO WILL BE

                    ABLE TO SEARCH.

                                 MR. MANKTELOW:  WHEN I WAS READING THE TEXT

                    AS WELL, YOU TALKED ABOUT DEMOGRAPHICS.  WHAT WILL BE IN THE

                                         27



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    DEMOGRAPHICS?

                                 MS. DE LA ROSA:  AS I SAID, THE AGE OF THE

                    INDIVIDUAL, THE NAME OF THE -- OF THE INDIVIDUAL.  THAT WILL BE THE

                    INFORMATION THAT WILL BE GIVEN TO THE DEPARTMENT, RIGHT.  SO WE'RE

                    TRYING TO COLLECT INFORMATION ABOUT THEIR ETHNICITY, NATIONALITY,

                    OCCUPATION, TRADE AND SORT OF WHAT THEIR ETHNIC -- THE ETHNIC BREAKDOWN

                    OF -- OF -- OF THE PERSON WHO HAS LOST THEIR LIVES, SO DEMOGRAPHIC

                    INFORMATION.

                                 MR. MANKTELOW:  SO IT WILL DEFINITELY BREAK

                    DOWN, YOU KNOW, IF I'M A RUSSIAN OR A CZECHOSLOVAKIAN OR A BLACK

                    AMERICAN OR INDIAN AMERICAN --

                                 MS. DE LA ROSA:  YES.

                                 MR. MANKTELOW: -- SO (UNINTELLIGIBLE) THAT

                    INFORMATION.

                                 MS. DE LA ROSA:  YES.

                                 MR. MANKTELOW:  SO WE HAVE THAT INFORMATION.

                    I KNOW WE HAVE A LOT OF UNDOCUMENTED INDIVIDUALS IN OUR STATE.  HOW

                    DO WE TRACK THAT PART OF IT?

                                 MS. DE LA ROSA:  THAT INFORMATION WILL BE GIVEN

                    TO THE DEPARTMENT OF LABOR.  THAT INFORMATION THAT IDENTIFIES AN

                    INDIVIDUAL WHO MAY BE UNDOCUMENTED WILL NOT BE POSTED ON THE -- ON

                    THE WEBSITE FOR THE PUBLIC REPORT, BUT THAT INFORMATION WILL BE GIVEN TO

                    DEPARTMENT OF LABOR.

                                 MR. MANKTELOW:  SO IF WE'RE UNDOCUMENTED,

                    THAT INFORMATION WILL NOT BE POSTED?

                                         28



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MANKTELOW:  HOW COME?  IF -- IF WE'RE

                    REALLY LOOKING AT WHAT'S GOING ON, WHY WOULD THEY NOT BE PART -- YOU

                    KNOW, WE'RE CONSTANTLY HEARING THEY'RE PART OF THE MAKEUP OF NEW

                    YORK AND I AGREE WITH THAT.  SO WHY WOULD THAT NOT BE POSTED?  WHY

                    WOULD THAT NOT BE IMPORTANT TO LOOK AT?

                                 MS. DE LA ROSA:  THAT INFORMATION WILL BE GIVEN

                    TO THE DEPARTMENT OF LABOR SO THAT WE HAVE THAT DATA THERE.  THERE WILL

                    BE IDENTIFYING INFORMATION SO IF THERE IS -- FOR EXAMPLE, IF CARMEN DE

                    LA ROSA IS UNDOCUMENTED, MY NAME AND LAST NAME WILL NOT BE

                    ASSOCIATED WITH MY IMMIGRATION STATUS ON THE -- ON THE WEBSITE IN

                    ORDER TO PROTECT, OBVIOUSLY, THE FAMILY MEMBERS OF THIS PERSON WHO

                    MAY, TOO, BE UNDOCUMENTED.  SO WE WANT TO MAKE SURE THAT THERE ARE --

                    THERE IS PROTECTIONS IN PLACE FOR PEOPLE TO NOT BE PUT AT RISK.

                                 MR. MANKTELOW:  SO JUST TELL ME, I JUST WANT TO

                    CLARIFY.  SO WE'RE GOING TO PROTECT THEM AND THEIR FAMILIES.  WHAT ARE

                    WE PROTECTING THEM FROM?

                                 MS. DE LA ROSA:  ENFORCEMENT BY ICE OR ANY

                    OTHER AGENCY THAT MAY BE TRYING TO, YOU KNOW, CAPTURE INFORMATION TO

                    AS YOU KNOW HAPPENS ACROSS OUR STATE GO AFTER FAMILIES WHO MAY BE

                    UNDOCUMENTED.

                                 MR. MANKTELOW:  SURE.  I UNDERSTAND.  WELL,

                    MADAM ASSEMBLYWOMAN, I THANK YOU FOR TAKING MY QUESTIONS AND I

                    APPRECIATE YOUR TIME.  THANK YOU.

                                 MS. DE LA ROSA:  THANK YOU.

                                         29



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 ACTING SPEAKER AUBRY:  MISS GIGLIO.

                                 MS. GIGLIO:  GOOD MORNING, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD?

                                 MS. DE LA ROSA:  YES.

                                 MS. GIGLIO:  GOOD MORNING.  SO WHAT IS THE

                    NOTIFICATION PROCESS TO ALL THE CONTRACTORS AND MEDICAL PROFESSIONALS

                    THAT ARE EXPECTED TO REPORT?

                                 MS. DE LA ROSA:  SO IN THE ORIGINAL BILL, LISTED IN

                    THE ORIGINAL BILL, IT SAYS THAT THE DEPARTMENT OF LABOR BASICALLY -- IT

                    REQUIRES THAT THE EMPLOYER REPORT THEIR INFORMATION SUCH AS THE

                    WORKPLACE FATALITY WITHIN 90 DAYS UPON BEING NOTIFIED BY THE

                    DEPARTMENT OR A CORONER IN MANY COUNTIES OF THAT INDIVIDUAL DIED OF

                    WORKPLACE-RELATED FATALITIES.

                                 MS. GIGLIO:  SO THE CORONER WILL NOTIFY THE

                    CONTRACTOR.

                                 MS. DE LA ROSA:  CORRECT.  AND THEN THAT

                    CONTRACTOR HAS 90 DAYS TO REPORT THAT INFORMATION TO THE DEPARTMENT.

                                 MS. GIGLIO:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. TAGUE.

                                 MR. TAGUE:  CAN YOU HEAR ME NOW, MR. SPEAKER?

                                 ACTING SPEAKER AUBRY:  CERTAINLY CAN HEAR

                    YOU, SIR.

                                 MR. TAGUE:  WELL, I'M SORRY FOR ALL THE --

                                 ACTING SPEAKER AUBRY:  NO APOLOGIES

                    NECESSARY, SIR.

                                         30



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MR. TAGUE:  I WOULD ASK, WOULD THE SPONSOR YIELD

                    PLEASE, SIR?

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA, WILL

                    YOU YIELD?

                                 MS. DE LA ROSA:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. TAGUE:  THANK YOU VERY, VERY MUCH.  JUST

                    WONDERING, ARE YOU FAMILIAR WITH OSHA AND MSHA?

                                 MS. DE LA ROSA:  I AM FAMILIAR SOMEWHAT WITH -- I

                    KNOW WHAT THE AGENCIES DO.  I AM -- I AM SOMEWHAT FAMILIAR TO SOME

                    OF THEIR INVESTIGATORY POWERS FOR WORKPLACE SAFETY, CORRECT, YES.

                                 MR. TAGUE:  AND LET ME ASK YOU:  ARE YOU AWARE

                    THAT ALL FATALITIES OR HOSPITALIZED INJURIES SUSTAINED ON A CONSTRUCTION

                    SITE OR WHILE PERFORMING DUTIES RELATED TO A CONSTRUCTION JOB OR A

                    CONTRACT ARE ALREADY REPORTABLE TO OSHA AND MSHA DEPENDING ON

                    THEIR JURISDICTION?

                                 MS. DE LA ROSA:  YES.  I AM AWARE.  AND THIS BILL

                    DOES NOT SUPERSEDE OR INTERFERE WITH OSHA'S DUTY TO INVESTIGATE ANY OF

                    THOSE WORKPLACE-RELATED FACILITIES.  AS I MENTIONED IN THE BEGINNING OF

                    THE BILL - AND I MAY BE FORESHADOWING YOUR QUESTION - IF I MAY, THIS BILL

                    EXISTS BECAUSE THERE ARE SO MANY COUNTIES THAT HAVE DIFFERENT METHODS

                    OF REPORTING, AND SO WE WANT TO MAKE SURE THAT THERE IS ONE CENTRAL

                    REGISTRY IN THE STATE OF NEW YORK THAT IS -- THAT IS RESEARCHABLE THAT YOU

                    CAN LOOK AT THE DATA, HAVE THE DATA IN FRONT OF YOU AND WILL INFORM OUR

                    DECISIONS IN THE POLICYMAKING PROCEDURES.

                                         31



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MR. TAGUE:  WELL, THAT'S KIND OF WHAT I'M GETTING

                    AT, MS. DE LA ROSA, IS THE FACT THAT OSHA ALREADY DOES THIS, THAT YOU

                    CAN GO INTO NEW YORK AND GET ALL THIS INFORMATION AFTER THE

                    INVESTIGATION IS DONE.  THE REPORTING REQUIREMENTS BY OSHA AND

                    MSHA ARE MUCH MORE STRINGENT THAN THE REPORTING REQUIREMENTS IN

                    THIS BILL, YOU KNOW.  AND THE REPORTING REQUIREMENTS IN THIS BILL REQUIRE

                    A FATALITY TO BE REPORTED WITHIN 72 HOURS.  OSHA AND MSHA REQUIRE

                    REPORTING WITHIN 15 MINUTES.  AND YOU KNOW, WHEN IT COMES TO

                    INVESTIGATION PURPOSES, AND JUST SO YOU KNOW, I AM SOMEONE THAT HAS

                    INVESTIGATED CONSTRUCTION SITE FATALITIES IN THE PAST.  SEVENTY-TWO HOURS

                    IS AN AWFUL LONG TIME TO BE ABLE TO GET TO THE POINT TO WHERE AN

                    INVESTIGATION SHOULD START.

                                 ARE YOU AWARE THAT THE INCIDENTS ARE THOROUGHLY

                    INVESTIGATED BY PROFESSIONALS AND ARE SUBJECT TO CRIMINAL LIABILITY,

                    MONETARY FINES AND MANY TIMES RESULT IN LITIGATION, COMPENSARY [SIC]

                    AWARDS FOR FAMILIES OF THE DECEASED OR SEVERELY INJURED?

                                 MS. DE LA ROSA:  I AM AWARE.  AND I ALSO WANT TO

                    JUST CLARIFY FOR THE RECORD THAT OSHA REQUIRES THE REPORTING OF THE

                    DEATH IF THE EMPLOYER DEEMS THAT THE WORKER PASSED AWAY DUE TO

                    WORKER FATALITY.  THIS REQUIRES THE CORONER TO ALSO -- TO MAKE THAT

                    DETERMINATION.  SO AS I SAID, THIS DOES NOT SUPERSEDE OSHA'S

                    JURISDICTION.  IT SIMPLY ALLOWS US, AS A STATE, TO ALSO COLLECT THE

                    INFORMATION.  AND THE 72 HOURS, WHICH YOU ALLUDED TO IN YOUR QUESTION,

                    IS THE -- 72 HOURS IS THE AMOUNT OF TIME WHERE THE REPORT OF SUCH DEATH

                    SHOULD TAKE PLACE TO THE DEPARTMENT.  SO IT DOESN'T NECESSARILY MEAN

                                         32



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    THAT THE INVESTIGATION WILL NOT TAKE PLACE IN THE DESIGNATED OSHA TIME

                    FRAME.

                                 MR. TAGUE:  WELL, I DISAGREE WITH YOU A LITTLE BIT

                    ON WHAT YOU SAID ABOUT OSHA IN YOUR PREVIOUS COMMENT.  ANY

                    INCIDENT ON A CONSTRUCTION SITE THAT A FATALITY OCCURS IT'S NOT UP TO THE --

                    IT'S NOT UP TO THE EMPLOYER TO REPORT WHETHER IT WAS A JOB-RELATED

                    FATALITY OR NOT.  THAT'S UP TO THE INVESTIGATOR TO FIGURE OUT.  SO, YOU

                    KNOW, YOU KNOW, MY PROBLEM HERE IS IS -- AND FIRST OF ALL, I WANT TO

                    COMMEND YOU.  IF OSHA OR MSHA DIDN'T ALREADY HAVE THESE LAWS IN

                    EXISTENCE I THINK THIS IS A GREAT BILL.  I COMMEND YOU AND ESPECIALLY

                    YOUR THOUGHTFULNESS AND YOUR CARING FOR FAMILIES OF -- OF MEN AND

                    WOMEN WHO -- WHO MAY HAVE LOST THEIR LIVES OR BEEN SEVERELY INJURED.

                    MY PROBLEM WITH THIS BILL IS THAT IT'S LIKE WE'RE TRYING TO REINVENT THE --

                    THE WHEEL.  THIS INFORMATION IS ALREADY AVAILABLE FOR THE NEW YORK

                    STATE LABOR DEPARTMENT THROUGH MSHA, OSHA AND INSTEAD OF -- TO

                    ME, THIS IS PUTTING AN UNFUNDED MANDATE ON OUR BUSINESSES WHEN THE

                    STATE SHOULD BE JUST GETTING THIS INFORMATION FROM OSHA OR MSHA

                    AND THEY SHOULD BE ABLE TO DO -- PUT THE INFORMATION TOGETHER.  WE

                    SHOULDN'T HAVE TO RELY ON THE EMPLOYERS TO DO THIS.  SO I GUESS MY

                    QUESTION TO YOU IS, WHAT EXACTLY IS THIS BILL DOING THAT ISN'T ALREADY

                    BEING DONE THAT'S -- THAT'S IN THE LAW NOW?

                                 MS. DE LA ROSA:  THANK YOU FOR THE QUESTION.  AS

                    I MENTIONED SEVERAL TIMES BEFORE, THIS IS ABOUT OUR STATE HAVING THE

                    OPPORTUNITY TO ALSO GARNER THE DATA THAT WE NEED IN ORDER TO BE

                    INFORMED ABOUT WHAT IS HAPPENING IN CONSTRUCTION SITES ACROSS OUR

                                         33



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    STATE.  I BELIEVE THAT THIS PROCEDURE IS NOT BURDENSOME BECAUSE AS YOU

                    --- AS YOU WELL NOTED, MANY OF THESE REPORTING MECHANISMS ARE ALREADY

                    IN PLACE AND ALREADY TAKING PLACE.  THERE'S AN ADDITIONAL STEP OF LETTING

                    THE DEPARTMENT OF LABOR KNOW THAT THIS INCIDENT OCCURRED, AND I DON'T

                    THINK THAT THAT IS BURDENSOME GIVEN THAT, YOU KNOW, THE LIFE OF

                    SOMEONE IN OUR COMMUNITIES HAS BEEN TAKEN AT A CONSTRUCTION SITE.  I

                    THINK IT ALLOWS FOR ADDED ACCOUNTABILITY, ADDED TRANSPARENCY FOR OUR

                    COMMUNITIES AND SO THIS IS THE -- THE INTENT OF THIS LEGISLATION.

                                 MR. TAGUE:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. TAGUE:  FIRST OF ALL, AGAIN, I WOULD LIKE TO

                    THANK MS. DE LA ROSA.  I APPRECIATE HER THOUGHTFULNESS AND CARING FOR

                    OUR WORKING MEN AND WOMEN OF NEW YORK.  AND I ALSO WANT TO THANK

                    HER FOR -- FOR ANSWERING MY QUESTIONS.

                                 YOU KNOW, FOR THE POINTS THAT I OUTLINED DURING MY

                    QUESTIONING AND THE FACT THAT THIS BILL IS JUST VERY REDUNDANT AND WILL

                    ONLY CREATE A DATABASE OF POTENTIAL TARGETS AMONG THOSE IN THE

                    CONSTRUCTION INDUSTRY AND THE FACT THAT THIS INFORMATION ALREADY EXISTS

                    AND EVEN BIGGER IS THAT BOTH UNION -- OUR UNION CONTRACTORS AND OPEN

                    SHOP CONTRACTORS ARE WHOLEHEARTEDLY OPPOSED TO THIS BILL.  THIS BILL,

                    AGAIN, AS I -- AS I SAID IN MY QUESTIONING IS A MANDATE ON NEW YORK

                    BUSINESSES.  I WOULD ENCOURAGE ALL MY COLLEAGUES TO PLEASE JOIN ME IN

                    OPPOSITION TO THIS BILL TO NOT MAKE IT HARDER FOR OUR BUSINESSES TO DO

                    BUSINESS.  AND ONE OTHER THING.  I BELIEVE THAT OSHA DOES CONTACT

                    NEW YORK DEPARTMENT OF LABOR WHEN THERE IS A FATALITY THAT'S BEING

                                         34



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    INVESTIGATED BY THEM, SO THE STATE DEPARTMENT OF LABOR WOULD KNOW

                    WHEN A FATALITY TAKES PLACE WITHIN NEW YORK STATE.  AGAIN, I THANK THE

                    SPONSOR.  MR. SPEAKER, I THANK YOU FOR THE TIME.  I WILL BE VOTING IN THE

                    NEGATIVE AND, AGAIN, ENCOURAGE MY COLLEAGUES TO DO THE SAME.  THANK

                    YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. SIMPSON.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA, WILL

                    YOU YIELD?

                                 MS. DE LA ROSA:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. SIMPSON:  THANK YOU.  AS A FORMER BUSINESS

                    OWNER IN THE CONSTRUCTION INDUSTRY I'VE EXPERIENCED ACCIDENTS AND

                    INJURIES ON THE -- ON THE JOB SITE.  AND I CAN ASSURE YOU THAT EVERY ONE

                    OF THOSE INCIDENTS ARE BEING REPORTED.  THEY'RE BEING REPORTED TO THE

                    WORKERS' COMP CARRIER, WHICH IN NEW YORK STATE, ONE OF THE LARGEST

                    ONES IS THE NEW YORK STATE INSURANCE FUND.  AND I CAN ASSURE YOU THAT

                    THEY ASK FOR ALL OF THE REQUIRED INFORMATION THAT'S INCLUDED IN THIS BILL.

                    I JUST WONDER WHY YOU WOULDN'T LOOK AT THAT AS A WAY TO GET THE

                    INFORMATION THAT YOU'RE LOOKING FOR.

                                 MS. DE LA ROSA:  THANK YOU FOR THE QUESTION.  AS

                    I STATED SEVERAL TIMES IN THE DEBATE ALREADY, THIS IS AN ADDITIONAL

                    REGISTRY FOR OUR STATE TO HAVE THE INFORMATION WE NEED IN ORDER TO MAKE

                                         35



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    OUR POLICY DELIBERATIONS IN ORDER TO ENSURE DEPARTMENT OF LABOR HAS

                    THE INFORMATION IT NEEDS TO MAKE ITS DELIBERATIONS.  AND NONE OF THE

                    REPORTING THAT IS HAPPENING IN THIS BILL WILL CHANGE THE REQUIREMENTS

                    THAT ARE ALREADY SET FORTH BY THE FEDERAL GOVERNMENT OR ANY OTHER

                    REGULATORY AGENCY.

                                 MR. SIMPSON:  SO IS THIS BILL CORRECTING A PROBLEM

                    WITHIN THE AGENCIES IN NEW YORK STATE, BECAUSE I BELIEVE THAT THE

                    DEPARTMENT OF LABOR IS ALSO AWARE OF THESE ACCIDENTS ALREADY.

                                 MS. DE LA ROSA:  THIS BILL -- THIS BILL WILL ALLOW

                    FOR US TO COLLECT INFORMATION THAT WE NEED THAT WE HAVE SEEN THAT HAS

                    NOT BEEN PREVIOUSLY ACCESSIBLE FOR OUR COMMUNITIES.  IT HAS NOT BEEN

                    PREVIOUSLY ACCESSIBLE TO THE DEPARTMENT OF LABOR AND SO WE'RE LOOKING

                    TO ADD TRANSPARENCY TO THIS PROCESS THROUGH THIS LEGISLATION AND THE

                    AMENDMENT AT-HAND SIMPLY SPEAKS TO A FEW TECHNICAL CHANGES IN THE

                    ORIGINAL LAW WHICH WAS ALREADY PASSED BY OUR CHAMBER IN DECEMBER.

                                 MR. SIMPSON:  WELL, I APPRECIATE YOUR EFFORT.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. SIMPSON:  OUR SMALL BUSINESSES ARE ALREADY

                    COMPLYING WITH A BURDENSOME AMOUNT OF REGULATIONS, A LOT OF

                    REDUNDANCIES AND ESPECIALLY WHEN IT COMES TO WORKPLACE SAFETY.  IT'S --

                    IT'S A GOOD PROGRAM, WE'RE FOLLOWING THE RULES AND WHEN THERE'S A

                    ACCIDENT IT'S BEING REPORTED.  THE LAST THING WE NEED IS MORE

                    REDUNDANCIES ESPECIALLY WHEN IT'S DEALING WITH THAT.  THERE IS I CAN TELL

                    YOU A MULTITUDE OF FORUMS.  IT'S VERY DIFFICULT TO COMPLY WITH STATE

                                         36



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    AGENCIES.  I'M -- I'M TOTALLY OPPOSED TO THIS AND I ENCOURAGE ALL MY

                    COLLEAGUES TO ALSO OPPOSE THIS.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. GLICK.

                                 MS. GLICK:  WILL THE SPONSOR YIELD TO A QUESTION,

                    PLEASE?

                                 MS. DE LA ROSA:  YES.

                                 MS. GLICK:  MS. DE LA ROSA, DOES THIS BILL ENVISION

                    A REPORTING OF FATALITIES OR ALL INJURIES?

                                 MS. DE LA ROSA:  FATALITIES.

                                 MS. GLICK:  THANK YOU.

                                 ON THE BILL.

                                 I WOULD HOPE THAT THE BURDEN ON BUSINESSES WOULD BE

                    SOMEWHAT LIMITED BECAUSE WE ARE HOPING THAT IN THE -- AS WE GO

                    FORWARD THAT SAFETY WOULD BECOME A MORE -- A PRIORITY FOR ALL

                    BUSINESSES, ESPECIALLY IN THE CONSTRUCTION INDUSTRY WHERE WE HAVE SEEN

                    AN INORDINATE NUMBER OF DEATHS.  SO, IT IS MY HOPE THAT MOST

                    CONTRACTORS WOULD NEVER HAVE TO MAKE THIS REPORT AND IT IS A LIMITED,

                    ONE WOULD HOPE, A LIMITED NUMBER OF REPORTS THAT WOULD BE MADE.  BUT

                    IT WOULD ALSO MAKE IT CLEAR TO THOSE WHO ARE IN THE PUBLIC WHO ARE

                    EITHER LOOKING TO HIRE A CONTRACTOR OR WHO ARE LOOKING FOR WORK.  IF

                    THERE IS A PARTICULAR CONTRACTOR WHO HAS A TERRIBLE SAFETY RECORD, ONE

                    MIGHT LOOK FOR WORK ELSEWHERE OR ONE MIGHT LOOK TO HIRE A DIFFERENT

                    COMPANY.  AND THAT WOULD THEREBY FORCE EVERYONE TO PUT SAFETY OF

                    WORKERS AT THEIR FOREFRONT.  SO I COMMEND THE SPONSOR.  I REALLY BELIEVE

                                         37



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    THE NOTION THAT THIS IS AN UNDUE BURDEN IS WAY OVERBLOWN AND OPPOSING

                    THE RECORDING OF FATALITIES FOR A REGISTRY WOULD SEEM TO ME TO BE AN

                    UNNECESSARY EXERCISE IN PROTECTING PEOPLE WHO PERHAPS DON'T DESERVE

                    THAT PROTECTION.  SO I APPRECIATE THE SPONSOR'S EFFORTS.  I, OF COURSE, WILL

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

                                 ACTING SPEAKER AUBRY:  THANK YOU, MS.

                    GLICK.

                                 MS. [SIC] RIVERA.

                                 MR. JONATHAN RIVERA:  I HAVE A QUESTION.  I

                    JUST WANT TO THANK ASSEMBLYMEMBER DE LA ROSA FOR PUTTING THIS ITEM

                    FORWARD.  I THINK IT DOES EXACTLY WHAT'S NEEDED.

                                 PRIOR TO THIS LIFE OF COMING TO THE ASSEMBLY, I WORKED

                    IN THE DEPARTMENT OF PUBLIC WORKS BACK HOME AND ONE OF THE

                    FUNCTIONS THAT I HAD WAS AN ADMINISTRATOR FOR THE DEPARTMENT IN

                    REVIEWING SUBMISSIONS THAT CAME IN.  AND ONE OF THE LAST PROJECTS I HAD

                    WAS A CONSTRUCTION PROJECT WHEREIN WHICH THE CONTRACTOR, ALTHOUGH

                    SUBMITTED THEIR OSHA PAPERWORK, CONVENIENTLY OMITTED A DEATH,

                    CONVENIENTLY OMITTED A FATALITY FROM THEIR SUBMISSION.  IF THIS REGISTRY

                    WOULD'VE EXISTED, IT WOULD'VE FUNCTIONED IN A WAY THAT I COULD HAVE

                    CROSS-CHECKED WHETHER THEIR PAPERWORK WAS MATCHING THE TRUTH.  IF

                    THERE WAS, YOU KNOW, IF THERE WAS ANYTHING OMITTED OR ANYTHING

                    MISSING AND, YOU KNOW, HAVING A CENTRALIZED DATABASE FOR THIS SORT OF

                    THING HAS -- YOU KNOW, CAN PROVE QUITE HELPFUL.  AND IN MY EXPERIENCE

                    OF INTERACTING WITH -- WITH CONTRACTORS, THIS SORT OF -- YOU KNOW I AGREE

                    WITH ASSEMBLYMEMBER GLICK THAT -- THAT THE IDEA THAT THIS IS GOING TO

                                         38



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    BE A TREMENDOUS INCONVENIENCE WHEN IN REALITY IT'S -- IT'S -- IT

                    PROCEDURALLY HOW IT WOULD WORK OUT, IT DOESN'T SEEM THAT WAY AT ALL.

                    IT'S JUST BEING BLOWN OUT OF PROPORTION.  BUT, AGAIN, I WANT TO THANK

                    ASSEMBLYMEMBER DE LA ROSA FOR BRINGING THIS FORWARD AND THANK YOU

                    FOR -- FOR, YOU KNOW, GUIDING US IN THE DIRECTION TOWARDS MORE

                    TRANSPARENCY.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    RIVERA.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 365 DAYS.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON SENATE PRINT S1302.  THIS IS A PARTY VOTE.  ANY MEMBER

                    WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION

                    IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

                    PREVIOUSLY PROVIDED.

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  THE

                    REPUBLICAN CONFERENCE WILL BE GENERALLY IN THE NEGATIVE.  HOWEVER, IF

                    THERE ARE ANY MEMBERS WHO WISH TO VOTE YES ON THIS CHAPTER

                    AMENDMENT BILL, THEY SHOULD CONTACT THE LEADER'S OFFICE AS SOON AS

                    POSSIBLE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IF I CAN TAKE THIS OPPORTUNITY TO REMIND MY MAJORITY

                    COLLEAGUES THAT WE WILL BE VOTING IN THE AFFIRMATIVE ON THIS ONE.

                                         39



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    SHOULD MEMBERS DECIDE TO BE AN EXCEPTION, THEY SHOULD FEEL FREE TO

                    CONTACT MY OFFICES AND WE WILL MAKE SURE THEIR VOTE IS APPROPRIATELY

                    NOTICED.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MRS.

                    PEOPLES-STOKES.  THANK YOU, MS. WALSH.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. DE LA ROSA TO EXPLAIN HER VOTE.

                                 MS. DE LA ROSA:  THANK YOU, MR. SPEAKER.  TO

                    EXPLAIN MY VOTE.  I JUST WANT TO UPLIFT THE VOICES OF THE FAMILY

                    MEMBERS WHO HAVE LOST LOVED ONES AT CONSTRUCTION SITES ACROSS OUR

                    CITY.  I JUST HEARD IN MY DISTRICT LAST YEAR THE LOSS OF A YOUNG MAN WHO

                    WAS CRUSHED TO DEATH AFTER A WALL COLLAPSED IN OUR DISTRICT.  AND SO FOR

                    ME THIS IS ABOUT BRINGING SAFETY AND TRANSPARENCY TO AN INDUSTRY THAT IS

                    INHERENTLY ONE OF THE MOST DANGEROUS INDUSTRIES IN OUR STATE.  WE MUST

                    DO ALL WE CAN TO PROTECT WORKERS, ESPECIALLY WORKERS WHO ARE PUTTING

                    THEIR LIVES ON THE LINE TO HELP BUILD UP OUR STATE.  I WANT TO ALSO THANK

                    THE NEW YORK STATE LABORERS AND ADVOCATE ORGANIZATIONS LIKE NICE

                    WHO HAVE DEDICATED THEIR LIVES TO ADVOCATING FOR WORKER SAFETY.  IF WE

                    ENSURE THAT WORKERS ARE SAFE, THEN MAYBE WE WILL NEVER HAVE A NEED

                    FOR BILLS LIKE THIS TO COME TO THE FLOOR AGAIN.  AND SO I WANT TO UPLIFT

                    AND REMEMBER WITH MY VOTE THE LIVES LOST ACROSS OUR STATE.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA IN

                    THE AFFIRMATIVE.

                                 MS. GONZÁLEZ-ROJAS.

                                         40



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MS. GONZÁLEZ-ROJAS:  THANK YOU SO MUCH.  I

                    RISE TODAY TO EXPLAIN MY VOTE.  I WANT TO SHARE A FEW NAMES WITH YOU.

                    ERIK MENDOZA, 23 YEARS OLD.  JUAN CHONILLO, 44 YEARS OLD.  CARLOS

                    MONCAYO, 22 YEARS OLD.  EDGAR PAZMINO, 34 YEARS OLD.  ALL DEAD.  ALL

                    CONSTRUCTION WORKERS.  OUR CONSTRUCTION WORKERS PUT THEIR LIVES ON THE

                    LINE EVERY DAY TO CONSTRUCT THE FACILITIES THAT WE NEED TO LIVE, WORK AND

                    GENERALLY OPERATE IN EVERY DAY SOCIETY.  THIS REGISTRY WILL PROVIDE THE

                    MUCH NEEDED DATA TO SAVE LIVES.  I'VE GONE TO VIGILS ALONGSIDE

                    ADVOCATES AT NEW IMMIGRANT COMMUNITY EMPOWERMENT, NICE, AN

                    ORGANIZATION I FOUNDED OVER 20 YEARS AGO.  AND I DON'T WANT TO GO TO

                    ANY MORE VIGILS.  WE NEED TO PASS THIS, WE NEED TO PASS THIS NOW.  AND

                    I COMMEND THE SPONSOR FOR PUSHING THIS FORWARD.  THANK YOU ALL.

                                 ACTING SPEAKER AUBRY:  MS. GONZÁLEZ-ROJAS

                    IN THE AFFIRMATIVE.

                                 MS. FERNANDEZ.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  I, TOO, WANT TO COMMEND THE SPONSOR

                    FOR THIS BECAUSE EVERY DEATH THAT HAPPENS AT A WORKPLACE, NO MATTER

                    WHERE, BUT ESPECIALLY IN THE CONSTRUCTION FIELD SHOULD BE PROPERLY

                    REPORTED AND GIVEN THE DIGNITY OF THAT LIFE LOST.  SO THIS IS AN INCREDIBLY

                    IMPORTANT BILL.  WE MUST UTILIZE THE INFORMATION TO CREATE BETTER SAFETY

                    ENVIRONMENTS AT OUR CONSTRUCTION SITES AND I HAPPILY SUPPORT IT.  I VOTE

                    IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. FERNANDEZ IN THE

                    AFFIRMATIVE.

                                         41



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MR. DURSO.

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

                    ALSO THANK THE SPONSOR FOR PUSHING FORTH THIS LEGISLATION TO PROTECT OUR

                    WORKERS.  I ALSO WANT TO THANK THE LABOR UNIONS ALSO FOR PUSHING FORTH

                    THIS LEGISLATION.  AS THE SPONSOR NOTED, THERE'S NO FISCAL IMPACT ON

                    ANYONE.  THIS IS NOT A LAW THAT'S GOING TO SUPERCEDE OSHA IN -- IN ANY

                    REGARD.  THIS -- THIS IS A LAW THAT'S GOING TO BE IN EFFECT TO PROTECT OUR

                    WORKERS, TO PROTECT OUR PEOPLE THAT ARE GOING TO WORK AND HOLD THOSE

                    ACCOUNTABLE THAT DON'T PUT IN THE PROPER SAFETY PROTOCOLS.

                                 SO, AGAIN, I STAND WITH MY UNION BROTHERS AND SISTERS

                    IN PUSHING FORWARD THIS LEGISLATION.  I APPRECIATE IT AND I'LL BE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. DURSO IN THE

                    AFFIRMATIVE.

                                 MR. LAWLER.

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

                    YOU TO THE SPONSOR FOR PUTTING THIS LEGISLATION FORWARD.  YOU KNOW,

                    CONSTRUCTION -- THE CONSTRUCTION INDUSTRY IS A CRITICAL PART OF OUR

                    ECONOMY HERE IN NEW YORK.  AND AS WE LOOK TO RECOVER AND REBUILD,

                    WE'RE GOING TO NEED TO PUT MORE INVESTMENTS TOWARDS CONSTRUCTION AND

                    TRANSPORTATION AND INFRASTRUCTURE PROJECTS ACROSS THIS STATE.  THIS BILL

                    HELPS ENSURE THAT WE HAVE A FULL UNDERSTANDING WHEN IN FACT FATALITIES

                    OCCUR ON A CONSTRUCTION SITE, THAT WE HAVE A FULL UNDERSTANDING OF WHAT

                    OCCURRED AND TO TRY AND ENSURE THAT OBVIOUSLY THAT DOES NOT HAPPEN IN

                    THE FUTURE.  SO I THINK THIS LEGISLATION IS LAUDABLE TO ENSURE THE HEALTH

                                         42



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    AND SAFETY OF OUR WORKERS AND IT'S IMPORTANT THAT WE ARE COLLECTING AS

                    MUCH INFORMATION AS POSSIBLE TO DO JUST THAT AND TO -- AND TO ENSURE

                    THAT WE HAVE SAFE WORKPLACES ESPECIALLY IN OUR CONSTRUCTION INDUSTRY

                    ACROSS THE STATE.  SO I WILL BE VOTING IN THE AFFIRMATIVE.  THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. LAWLER IN THE

                    AFFIRMATIVE.

                                 MR. BURDICK.

                                 MR. BURDICK:  THANK YOU, MR. SPEAKER, AND ON

                    THE BILL.

                                 ACTING SPEAKER AUBRY:  YOU'RE EXPLAINING

                    YOUR VOTE, SIR.

                                 MR. BURDICK:  EXPLAINING MY VOTE IN FAVOR AND I

                    COMMEND THE SPONSOR OF THIS BILL.  IT IS SO ESSENTIAL TO PROVIDE

                    WORKPLACE SAFETY AND ESPECIALLY AS WE COME OUT OF THE PANDEMIC THE

                    CHALLENGES ARE GOING TO BE MONUMENTAL.  AND I THANK THE WORK THAT'S

                    DONE TO BRING THIS FORWARD.  I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. BURDICK IN THE

                    AFFIRMATIVE.

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  WOULD YOU

                    PLEASE RECORD THE FOLLOWING MEMBERS AS A YES ON THIS BILL?  MR.

                    BRABENEC, MR. DESTEFANO, MR. DURSO, MR. GANDOLFO, MR. MIKULIN, MR.

                    MONTESANO, MR. RA, MR. SCHMITT, MR. SMITH AND MR. TANNOUSIS.

                    THANK YOU.

                                         43



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 ACTING SPEAKER AUBRY:  SO NOTED.  THANK

                    YOU, MS. WALSH.

                                 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 COULD

                    NOW TURN OUR ATTENTION TO PAGE 5 AND GO TO CALENDAR NO. 13 BY MR.

                    EPSTEIN ON DEBATE.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00977, CALENDAR NO.

                    13, EPSTEIN, SAYEGH.  AN ACT TO AMEND THE CHAPTER OF THE LAWS OF

                    2020, DIRECTING THE DEPARTMENT OF FINANCIAL SERVICES TO STUDY,

                    EVALUATE AND MAKE RECOMMENDATIONS CONCERNING LENDING PRACTICES BY

                    FINANCIAL INSTITUTIONS TO LANDLORDS ACQUIRING PROPERTY THAT INCLUDES

                    SMALL BUSINESS TENANTS AND/OR RENT-REGULATED TENANTS, AS PROPOSED IN

                    LEGISLATIVE BILLS NUMBERS S.1476-B AND A.3275-B, IN RELATION TO

                    INFORMATION FOR STUDY.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 MS. WALSH.

                                 MS. WALSH:  AN EXPLANATION IS REQUESTED.

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN, AN

                    EXPLANATION HAS BEEN REQUESTED, SIR.

                                         44



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MR. EPSTEIN:  THANK YOU, MR. SPEAKER.  THIS IS A

                    CHAPTER AMENDMENT THAT WAS PASSED LAST YEAR.  IT'S ONLY A SMALL

                    CHANGE THAT ALLOWS -- MAKE SURE THAT THE GOVERNMENT HAS

                    (UNINTELLIGIBLE) INFORMATION WE NEED TO ENSURE THAT THE REPORT IS

                    ACCURATE SO WE CAN GET IT BACK WITH ENOUGH INFORMATION WE CAN MOVE

                    FORWARD ON.

                                 ACTING SPEAKER AUBRY:  MR. LALOR.

                                 MR. LALOR:  WILL THE SPONSOR YIELD FOR A FEW

                    QUESTIONS?

                                 MR. EPSTEIN:  I YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS,

                    SIR.

                                 MR. LALOR:  CAN YOU REVIEW THE GOAL OF THE STUDY

                    THAT WAS THE STUDY THAT WAS TO BE CONDUCTED AFTER THE BILL WAS PASSED

                    LAST YEAR?  WHAT WAS THE GOAL?

                                 MR. EPSTEIN:  SURE.  THE GOAL OF THE STUDY AND

                    OVERALL IDEA IS WE'VE HAD AN INFLUENCE OF PRIVATE EQUITY MONEY IN THE

                    NEW YORK STATE REAL ESTATE MARKET.  WE DON'T REALLY KNOW WHAT IMPACT

                    THAT'S HAVING.  WE'VE SEEN THE IMPACT IN MY DISTRICT WHERE WE'VE SEEN

                    PRIVATE EQUITY FINANCING OUTPACING SOME TRADITIONAL BANK FINANCING

                    AND WE WANT TO JUST MAKE SURE WE UNDERSTAND WHAT IT'S DOING AND WHAT

                    ITS IMPLICATIONS ARE AND TO ENSURE THAT NEW YORK HAS SUFFICIENT

                    OVERSIGHT OF MONEY THAT AT THIS POINT IS REALLY HARD TO TRACK AND

                    UNDERSTAND HOW IT'S POSITIVELY OR NEGATIVELY EFFECTING THE OVERALL

                    ECONOMY AND THE MARKET.

                                         45



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MR. LALOR:  THANK YOU FOR THAT.  AND THE STUDY IS

                    STUDYING THE IMPACT OF PRIVATE EQUITY FUNDING FOR LANDLORDS FOR

                    RENT-CONTROLLED RESIDENTIAL BUILDINGS AND ALSO LANDLORDS OF SMALL

                    BUSINESSES.  SO HOW IS SMALL BUSINESS DEFINED?

                                 MR. EPSTEIN:  I MEAN IT'S REALLY FOR THE STATE TO

                    DEFINE IT.  THE IDEA IS WE WANT TO SEE THE IMPACT OF THE -- THE PRIVATE

                    EQUITY FINANCING AND IF THERE'S PRIVATE EQUITY FINANCING THAT THEY CAN

                    FIND, IF THE INFORMATION'S AVAILABLE, THEY'LL STUDY IT.  WE JUST DIDN'T WANT

                    TO LOOK AT ONLY RENT-STABILIZED UNITS IN CASE THERE WAS AN IMPACT ON THE

                    COMMERCIAL MARKET AS WELL.

                                 MR. LALOR:  BUT THE STUDY AND THE LEGISLATION THAT

                    WAS PASSED SPECIFIES SMALL BUSINESS SO THAT MUST HAVE A SPECIFIC

                    DEFINITION.  IT DOESN'T SAY BUSINESS OR COMMERCIAL.  IT SAYS SPECIFICALLY

                    SMALL BUSINESS.

                                 MR. EPSTEIN:  WELL, THE SMALL BUSINESSES UNDER THE

                    STATE STATUTE MEANS FOR A HUNDRED AND FEWER EMPLOYEES, THAT'S A NEW

                    YORK STATE DEFINED SMALL BUSINESSES.  SO THE DEFINITION -- THERE'S NO

                    SPECIFIC DEFINITION HERE IN THE STATUTE TO (UNINTELLIGIBLE) APPLY THE SAME

                    DEFINITION.

                                 MR. LALOR:  THANK YOU.  AND WHEN WE PASSED THIS

                    BILL LAST YEAR, I REMEMBER IN THE COMMITTEE AND I BELIEVE ON THE FLOOR,

                    THERE WERE SOME BIPARTISAN OPPOSITION TO THIS LEGISLATION.  ONE OF THE

                    CONCERNS THAT WAS RAISED WAS THAT IF WE -- WE STUDY THIS BILL AND THIS IS

                    A STEPPING STONE TO MAKING IT MORE DIFFICULT FOR LANDLORDS OF

                    RENT-STABILIZED PROPERTIES AND PROPERTY THAT HAS SMALL BUSINESS TENANTS,

                                         46



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    IF WE MAKE IT MORE DIFFICULT FOR THEM TO GET FINANCING IT WILL HAVE THE

                    UNINTENDED CONSEQUENCE OF HAVING LANDLORDS WHO ARE UNABLE TO

                    UPKEEP THE PROPERTY AND THE TENANTS WOULD BE THE ONES THAT SUFFER.  DO

                    YOU SEE THAT AS A POTENTIAL UNINTENTIONAL CONSEQUENCE?

                                 MR. EPSTEIN:  I -- I ACTUALLY SEE THE OPPOSITE.  I SEE

                    WHAT WE'RE GOING TO DO IS STUDY THIS INFORMATION.  WHAT WE'RE GOING TO

                    DO IS HELP PROPERTY OWNERS WHO TRADITIONALLY INVEST IN, YOU KNOW,

                    PROPERTY WITH A TRADITIONAL MARKET, MORTGAGE FINANCING MARKET TO MAKE

                    IT EASIER FOR THEM TO BE COMPETITIVE IN A GLOBAL ECONOMY.

                                 RIGHT NOW THE PRIVATE EQUITY MONEY IS REALLY

                    AVAILABLE TO A SMALL SELECT FEW LANDLORDS AND COMPANIES WHO CAN, FOR

                    WHATEVER REASON, HAVE ACCESS TO THE PRIVATE EQUITY MARKET.  IT MAKES

                    MOST OF THE LANDLORDS LESS COMPETITIVE IN THE MARKET, BECAUSE LET'S SAY

                    I WANT TO GO BUY A HOUSE AND I HAVE TO GO TO THE BANK AND GET

                    FINANCING AND YOU WANT TO GO BUY A HOUSE AND YOU HAVE PRIVATE EQUITY

                    MONEY, WE'RE BOTH BORROWING THE SAME AMOUNT OF MONEY BUT YOU HAVE

                    PRIVATE EQUITY FINANCING WHICH IS NOT SEEN, NOT TAXED, NOT REGULATED

                    WHERE YOU HAVE PRIVATE EQUITY FINANCING THAT IS MUCH MORE AVAILABLE

                    AND MAKES OTHER PEOPLE MUCH MORE LESS COMPETITIVE.  THIS WILL JUST

                    HELP US GET MORE INFORMATION AROUND THAT TO ENSURE THAT REGULAR PEOPLE

                    HAVE ACCESS TO FINANCING THAT HELPS THEM BUY HOMES, BUILDINGS AND

                    COMMERCIAL PROPERTIES.

                                 MR. LALOR:  SO ARE -- ARE LANDLORDS AND TRADE

                    GROUPS THAT REPRESENT LANDLORDS AND PROPERTY OWNERS, ARE THEY BEHIND

                    THIS BILL, DID THEY REQUEST THIS BILL?

                                         47



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MR. EPSTEIN:  I HAVE NO IDEA WHAT TRADE GROUPS

                    YOU'RE REFERENCING.  I GUESS YOU COULD ASK THEM, BUT I HAVE NOT SEEN

                    OPPOSITION MEMOS FROM ANY OF THOSE ENTITIES THAT YOU'VE REFERENCED.

                                 MR. LALOR:  ARE THERE ANY SUPPORT MEMOS FROM

                    PROPERTY OWNERS?

                                 MR. EPSTEIN:  I DON'T RECALL ANY SUPPORT MEMOS

                    FROM PROPERTY OWNERS EITHER.

                                 MR. LALOR:  AND WE PASSED THIS BILL, I BELIEVE IT

                    WAS MARCH 19TH OR MARCH 20TH OF LAST YEAR.  SO I GUESS TECHNICALLY THE

                    PANDEMIC HAD STARTED BUT WE HADN'T FELT THE FULL EFFECTS AND WE DIDN'T

                    ANTICIPATE THE LONG-TERM NATURE OF THE PANDEMIC AT THIS POINT AND ITS

                    IMPACT ON LANDLORDS.

                                 GIVEN WHAT LANDLORDS, BOTH COMMERCIAL AND

                    RESIDENTIAL, HAVE GONE THROUGH IN THE LAST YEAR AND THEY'RE CONTINUING

                    TO GO THROUGH AND OTHER LEGISLATION THAT WE'VE PASSED, IS THERE A REASON

                    TO REVISIT THIS STUDY?

                                 MR. EPSTEIN:  FIRST OF ALL, WE HAVEN'T HAD THE STUDY

                    YET.  WE'RE TRYING TO GET THE STUDY BILL DONE TO EVALUATE THE IMPACT THAT

                    PRIVATE EQUITY MONEY IS HAVING ON THE REAL ESTATE MARKET.  AND BASED

                    ON THAT STUDY WE'LL HAVE MORE INFORMATION.  YOU'RE RAISING CLAIMS THAT

                    THE PAST YEAR POTENTIALLY HAS HAD A NEGATIVE IMPACT ON THE REAL ESTATE

                    MARKET.  WE DON'T REALLY KNOW IF THAT'S TRUE IN RELATIONSHIP TO PRIVATE

                    EQUITY FINANCING.  IT COULD BE OPPOSITE.  WE'VE SEEN AN ADDITIONAL

                    INFLUX OF PRIVATE EQUITY MONEY SO MAYBE THE, YOU KNOW, SOME PARTS OF

                    THE STATE, YOU KNOW, THE ECONOMY'S DOING WELL, MAYBE OTHER PARTS IS

                                         48



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    DOING LESS WELL, WE DON'T REALLY KNOW BUT WE WILL KNOW HOW PRIVATE

                    EQUITY IS INFLUENCING THE MARKET WITH THIS STUDY BILL.

                                 MR. LALOR:  THANK YOU FOR THAT.  AND THE BILL SAYS

                    IT'S GOING TO -- GOING TO STUDY FINANCIAL INSTITUTIONS.  WHAT'S THE

                    DEFINITION OF A FINANCIAL INSTITUTION AS IT RELATES TO THIS STUDY IN THIS

                    BILL?

                                 MR. EPSTEIN:  FINANCIAL INSTITUTIONS ARE MOSTLY JUST

                    BANKS SO THEY'RE GOING TO STUDY BANKS AND OTHER PRIVATE EQUITY

                    FINANCING ORGANIZATIONS THAT THEY HAVE ACCESS TO INFORMATION FROM.

                    SOME OF IT'S NOT PUBLICLY AVAILABLE SO IT'S HARD TO GET, BUT A LOT OF THESE

                    PRIVATE EQUITY COMPANIES ARE PUBLICLY-TRADED.

                                 MR. LALOR:  WILL THE FINANCIAL INSTITUTION HAVE TO

                    VOLUNTARILY GIVE YOU THE INFORMATION?

                                 MR. EPSTEIN:  IF IT'S PUBLICLY AVAILABLE THAT'S WHAT

                    THE STATE'S GOING TO DO.  SO THEY CAN'T -- IF IT'S PUBLICLY AVAILABLE TO THE

                    AGENCY THEY WILL FIND THE INFORMATION.

                                 MR. LALOR:  THANK YOU VERY MUCH.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. LALOR:  ON THE SURFACE THIS SEEMS LIKE A

                    WELL-MEANING BILL.  IT IS A CHAPTER AMENDMENT TO A STUDY BILL, BUT I

                    BELIEVE THE LONG-TERM GOAL OR THE LONG-TERM IMPACT WILL BE TO MAKE IT

                    HARDER FOR LANDLORDS, BOTH COMMERCIAL AND RESIDENTIAL, TO FINANCE THEIR

                    PROPERTIES, TO BUY PROPERTIES, TO UPKEEP THEIR PROPERTIES.  AND THIS

                    STUDY WOULD BE A STEPPING STONE TOWARDS MAKING IT MORE DIFFICULT TO BE

                                         49



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    A LANDLORD IN THE STATE OF NEW YORK AND FOR THOSE REASONS I'M

                    OPPOSING THIS BILL AND I ENCOURAGE MY COLLEAGUES TO OPPOSE IT, ALSO.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. GALLAGHER.

                                 MS. GALLAGHER:  HELLO.  I WOULD -- ON THE BILL,

                    SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. GALLAGHER:  I'M VERY MUCH LOOKING FORWARD

                    TO THIS STUDY.  I THINK IT'S VERY IMPORTANT IN MY DISTRICT WHERE RENTS

                    HAVE SKYROCKETED OVER THE LAST 20 YEARS AND WHERE MANY FOLKS WHO

                    ONCE DREAMT OF OWNING A HOME NOW ARE BOUGHT OUT BY INTERNATIONAL

                    INVESTORS WHO -- WHO DO NOT LIVE IN OUR COMMUNITY OR EVEN IN OUR

                    STATE OR COUNTRY.  I'M VERY INTERESTED TO SEE THE RESULTS OF THIS STUDY AND

                    I THINK IT IS REALLY IMPORTANT FOR THOSE WHO DO ASPIRE TO HOMEOWNERSHIP

                    OR -- OR BECOMING A LANDLORD OR BECOMING A TENANT.  I THINK THIS IS

                    GOING TO HELP EVERYONE REALLY SEE THE LANDSCAPE AND HELP US BUILD

                    BETTER LAWS THAT HELP TO KEEP, YOU KNOW, HOMEOWNERSHIP A POSSIBILITY.

                    WE HAVE SO MUCH DISPLACEMENT IN MY COMMUNITY AND SO MUCH OF

                    HOMELESSNESS EPIDEMIC AND I THINK A LOT OF THIS IS FUELED BY PREDATORY

                    EQUITY THAT CREATES A SYSTEM OF -- OF DEEP INEQUALITY IN MY DISTRICT.  SO

                    I AM IN FAVOR OF THE BILL AND I -- I VOTE YES.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MS.

                    GALLAGHER.

                                 MS. MITAYNES.

                                         50



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MS. MITAYNES:  THANK YOU.

                                 ON THE BILL, PLEASE.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. MITAYNES:  CAN YOU HEAR ME?

                                 ACTING SPEAKER AUBRY:  PLEASE.  PROCEED.

                                 MS. MITAYNES:  THANK YOU.  I THINK THAT IT IS

                    MAKING IT DIFFICULT FOR LANDLORDS BUT WE WANT TO DISTINGUISH BETWEEN

                    CORPORATE LANDLORDS AND SMALL MOM AND POP LANDLORDS, ESPECIALLY IN

                    GENTRIFYING COMMUNITIES LIKE MINE.  THEY ARE BUYING UP A BUNCH OF

                    PROPERTY MAKING IT DIFFICULT FOR PEOPLE FROM WORKING-CLASS TO MOVE IN

                    AND BUYING -- BUYING HOMES THEMSELVES SO I WILL BE VOTING IN THE

                    AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU SO MUCH.

                                 READ THE LAST SECTION.

                                 MS. WALSH.  I'M SORRY.

                                 MS. WALSH:  I APOLOGIZE.  I HAD MY LIGHT ON, YOU

                    DIDN'T SEE ME, THAT'S OKAY.  WILL THE SPONSOR YIELD FOR JUST A COUPLE

                    QUICK QUESTIONS?

                                 MR. EPSTEIN:  YES.  I'LL YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MS. WALSH:  THANK YOU, MR. EPSTEIN.  SO JUST IN A

                    NUTSHELL, WHAT DOES THIS CHAPTER AMENDMENT DO IN TERMS OF THE SCOPE

                    OF THE STUDY THAT'S GOING TO BE DONE?

                                 MR. EPSTEIN:  THE ONE CHANGE FOR THIS CHAPTER

                    AMENDMENT IS TO ENSURE THAT IF THE INFORMATION ISN'T READILY AVAILABLE

                                         51



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    THEY DON'T HAVE TO SUBPOENA OR LOOK IN OTHER WAYS TO TRY TO COLLECT THIS

                    INFORMATION.  IT MAKES IT EASIER FOR THE STUDY TO HAPPEN.

                                 MS. WALSH:  I DID NOTE THAT IN THE GOVERNOR'S

                    APPROVAL MEMORANDUM HE SAID THAT HE WOULD -- HE DIRECTED HOMES

                    AND COMMUNITY RENEWAL, HCR, TO PROVIDE ASSISTANCE WITH

                    DATA-SHARING TO HELP FACILITATE THE STUDY.  WHAT TYPE OF INFORMATION WILL

                    THEY BE BRINGING TO THIS STUDY DO YOU THINK?

                                 MR. EPSTEIN:  IN HCR, OUR STATE HOUSING AGENCY

                    HAS ACCESS TO A LOT OF INFORMATION ON HOUSING ACROSS THE BOARD.  YOU

                    KNOW, THEY FINANCE LOTS OF DEVELOPMENT ACROSS THE STATE AND SO THEY'RE

                    GOING TO BE A PARTNER IN THIS CONVERSATION AS WE MOVE FORWARD.

                                 MS. WALSH:  OKAY.  THANK YOU VERY MUCH.

                                 MR. EPSTEIN:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON SENATE PRINT S.887.  THIS IS A PARTY VOTE.  ANY MEMBER

                    WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION

                    IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

                    PREVIOUSLY PROVIDED.

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  THE

                    REPUBLICAN CONFERENCE WILL BE GENERALLY IN THE NEGATIVE ON THIS

                    CHAPTER AMENDMENT.  AS THERE WERE -- THERE WAS AND SOMEBODY ELSE

                    NOTED 43 NO VOTES LAST YEAR, THERE WAS SOME BIPARTISAN OPPOSITION.  IF,

                                         52



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    HOWEVER, THERE ARE MEMBERS WHO WISH TO BE RECORDED IN THE

                    AFFIRMATIVE, THEY SHOULD CONTACT THE MINORITY LEADER'S OFFICE AS SOON

                    AS POSSIBLE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU SO MUCH.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  AS YOU SO NOTED THIS IS A PARTY VOTE.  THE MAJORITY MEMBERS

                    WILL BE VOTING IN FAVOR OF THIS MEASURE.  SHOULD MEMBERS DECIDE TO DO

                    OTHERWISE, THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE

                    AND WE WILL SO RECORD YOUR RESPONSE.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MRS.

                    PEOPLES-STOKES.

                                 TO EXPLAIN HER VOTE, MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  TO EXPLAIN

                    MY VOTE.  I WISH TO COMMEND THE SPONSOR.  WE ARE NEIGHBORS AND WE

                    HAVE BOTH SEEN PRIVATE EQUITY FIRMS PROVIDE FINANCING TO QUESTIONABLE

                    ENTITIES OF WHO HAVE IN A NUMBER OF INSTANCES GONE BELLY-UP AND IN --

                    THE PRIVATE EQUITY FIRM THEN BECOMES THE OWNER OF A SUBSTANTIAL

                    AMOUNT OF PROPERTY IN OUR DISTRICTS WHICH DOES NOT BENEFIT EITHER THE

                    COMMERCIAL OR THE RESIDENTIAL TENANTS AND SO THEY OPERATE IN A -- IN A

                    DIFFERENT WORLD WITH MUCH LESS SCRUTINY.  AND SO I BELIEVE THIS IS AN

                    APPROPRIATE BILL AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MR. KIM TO EXPLAIN HIS VOTE.

                                         53



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

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

                    COMMEND THE SPONSOR FOR CONTINUING TO PUSH THIS BILL FORWARD.  THIS IS

                    A STUDY BILL TO SEND A STRONG SIGNAL TO THE PREDATORY PRIVATE EQUITY FIRMS

                    THAT HAVE EXPLOITED UNDERSERVED COMMUNITIES FOR FAR TOO LONG.  AND

                    WE SEE THAT MORE AROUND US WHETHER IT BE, YOU KNOW, TENANTS THAT ARE

                    GETTING HARASSED AND SOME OF THESE BIG COMPANIES THAT SHOULD BE

                    PUNISHED BUT ARE GETTING AWAY, DOING ALL SORTS OF BAD ACTIVITIES.  NOW

                    THIS BILL IS TELLING THOSE FIRMS THAT WE ARE DIRECTING OUR TOP REGULATING

                    BODY TO TAKE A DEEP DIVE LOOK INTO THEIR PRACTICES AND WE HOPE THAT THAT

                    WILL BE ENOUGH FOR THEM TO STOP PRYING ON OUR VULNERABLE POPULATIONS.

                                 AND I DO WANT TO ALSO SAY THAT THIS ALSO INTERSECTS WITH

                    SOME OF OUR HEALTHCARE, LONG-TERM HEALTHCARE FACILITIES BECAUSE MANY

                    OF OUR NURSING HOMES AND LONG-TERM FACILITIES ARE OWNED BY LANDLORD

                    PRIVATE EQUITY FIRMS AND FINANCED BY PRIVATE EQUITY FIRMS SO THEY'RE

                    HEDGING THEIR BETS THAT IF THESE FACILITIES DO FAIL, THEY'RE RIGHT THERE TO

                    TURN THESE FACILITIES INTO LUXURY CONDOS AND HOTELS TO -- TO MAKE MORE

                    PROFITS.  SO WE SHOULD BE INVESTIGATING ALL OF THOSE PRACTICES TO MAKE

                    SURE THAT OUR MONEY AND OUR LENDING FACILITIES ARE ACTING IN AN ETHICAL

                    AND MORAL WAY MOVING FORWARD.  THANK YOU, MR. SPEAKER, AND I VOTE

                    IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. KIM IN THE

                    AFFIRMATIVE.

                                 MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

                    EXPLAIN MY VOTE.  AND THIS IS A REALLY CRUCIAL PIECE OF LEGISLATION FOR

                                         54



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    NEW YORK.  WE REALLY NEED TO UNDERSTAND WHAT'S GOING ON IN THE NEW

                    YORK HOUSING LANDSCAPE AND THE IMPACT THAT PRIVATE EQUITY FINANCING IS

                    HAPPENING.  WE'VE SEEN BIG DEVELOPMENTS LIKE IN MY DISTRICT THE STUY

                    TOWN WHERE $3 BILLION OF PRIVATE EQUITY FINANCING HAS GONE INTO A

                    DEVELOPMENT THAT BEAT OUT LOCAL TENANT-OWNED PURCHASE OPTIONS WHERE

                    THE TENANTS WANTED TO MAKE IT INTO AN AFFORDABLE CO-OP. WHAT ARE THE

                    NEGATIVE IMPACTS?  WHAT ARE THE POSITIVE IMPACTS AND WHAT WILL HAVE

                    LONG-TERM IMPACTS ON THE NEW YORK REAL ESTATE MARKET?  REAL ESTATE'S

                    THE MOST IMPORTANT THING WE HAVE IN NEW YORK.  IT'S SOMETHING THAT

                    WILL NEVER GO AWAY.  SO IT'S CRITICAL WE STUDY WHAT'S HAPPENING.

                    CRITICAL THAT WE KNOW AND ITS INFLUENCE SO THAT WE CAN, AS WE MOVE

                    FORWARD AS NEW YORK, ENSURE THAT WE HAVE ENOUGH INSUFFICIENT

                    OVERSIGHT TO HAVE A HEALTHY, STRONG MARKET.  I APPRECIATE YOUR TIME, MR.

                    SPEAKER, AND I'LL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN IN THE

                    AFFIRMATIVE.

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  WOULD YOU

                    PLEASE RECORD MR. MONTESANO IN THE AFFIRMATIVE ON THIS BILL, PLEASE.

                                 ACTING SPEAKER AUBRY:  SO NOTED.  THANK

                    YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  PLEASE ACKNOWLEDGE MS.

                    BUTTENSCHON AS A NEGATIVE ON THIS ONE.

                                 ACTING SPEAKER AUBRY:  SAY THAT AGAIN.  I'M

                                         55



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    SORRY.  MRS. PEOPLES-STOKES, AGAIN THE NAMES OF THE MEMBERS.

                                 MRS. PEOPLES-STOKES:  OTHER THAN MS.

                    BUTTENSCHON?

                                 ACTING SPEAKER AUBRY:  THANK YOU.  SO

                    NOTED.

                                 MRS. PEOPLES-STOKES:  THAT WAS IT.

                                 SO IF WE CAN CONTINUE OUR WORK, MR. SPEAKER, WE'RE

                    GOING TO STAY ON --

                                 ACTING SPEAKER AUBRY:  ONE MINUTE.

                                 MRS. PEOPLES-STOKES: -- PAGE 5 AND GO TO

                    CALENDAR NO. 14.

                                 ACTING SPEAKER AUBRY:  WE'RE NOT FINISHED

                    WITH THIS ONE, MRS. PEOPLES-STOKES.

                                 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 CONTINUE OUR WORK WITH CALENDAR NO. 14.

                    IT'S ON PAGE 5.  IT'S BY MR. ZEBROWSKI.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S00898, CALENDAR NO. 14,

                    SENATOR THOMAS (ZEBROWSKI-A00979).  AN ACT TO AMEND THE FINANCIAL

                    SERVICES LAW, IN RELATION TO EXEMPTING CERTAIN COMMERCIAL FINANCING

                    TRANSACTIONS FROM CERTAIN DISCLOSURE REQUIREMENTS; AND TO AMEND A

                                         56



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    CHAPTER OF THE LAWS OF 2020 AMENDING THE FINANCIAL SERVICES LAW

                    RELATING TO REQUIRING CERTAIN PROVIDERS THAT EXTEND SPECIFIC TERMS OF

                    COMMERCIAL FINANCING TO A RECIPIENT TO DISCLOSE CERTAIN INFORMATION

                    ABOUT THE OFFER TO THE RECIPIENT, AS PROPOSED IN LEGISLATIVE BILLS

                    NUMBERS S.5470-B AND A.10118-A, IN RELATION TO THE EFFECTIVENESS

                    THEREOF.

                                 ACTING SPEAKER AUBRY:  MS. WALSH.

                                 MS. WALSH:  AN EXPLANATION, PLEASE.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. ZEBROWSKI.

                                 MR. ZEBROWSKI:  SURE.  THANK YOU, MR. SPEAKER.

                    THIS BILL IS A CHAPTER AMENDMENT TO A BILL WE PASSED LAST YEAR,

                    CHAPTER 369 OF THE LAWS OF 2020 WHICH IS THE SMALL BUSINESS TRUTH IN

                    LENDING ACT.  SO IN MANY WAYS, NOT TO GO BACK THROUGH THE PRIOR

                    DEBATE, BUT I'M CERTAINLY, I GUESS, WILLING TO IF THE QUESTIONS RELATE TO

                    THE PRIOR BILL.  BUT JUST TO FOCUS A LITTLE BIT ON THIS BILL.

                                 IN MANY WAYS IT STRENGTHENS WHAT WE PASSED LAST YEAR.

                    IT INCREASES THE EXEMPTION AMOUNT FROM $500,000 TO 2.5 MILLION

                    MEANING THAT IT'S ANY LOAN THAT WOULD BE UP TO 2.5 MILLION.  IT ALSO

                    CLARIFIES CERTAIN THINGS IN TERMS OF, YOU KNOW, FEDERAL LAW.  IT CLARIFIES

                    TO MAKE SURE THAT -- THAT REGARDLESS OF IF SOME THINGS CHANGE ON THE

                    FEDERAL LEVEL THAT THIS STILL REQUIRES THESE DISCLOSURES.  IT DOES MAKE A --

                    A SMALL EXEMPTION FOR A SPECIFIC TYPE OF PRODUCT WHICH COMES FROM CAR

                    COMPANIES TO LARGE DEALERSHIPS THAT HAVE A -- THAT HAVE A RELATIONSHIP

                    BETWEEN, YOU KNOW, THE CAR COMPANIES AND HOW THE LARGE DEALERSHIP

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    AND FLOOR PLANS WORK.  SO IT MAKES SOME TECHNICAL CORRECTIONS THERE

                    BUT OVERALL I THINK IT STRENGTHENS WHAT WE PASSED WHICH WAS A -- A BILL

                    PEOPLE SHOULD BE PROUD OF - THE SMALL BUSINESS TRUTH IN LENDING ACT

                    WHICH GAVE MANY BUSINESSES THROUGHOUT NEW YORK STATE WHEN THIS

                    FINALLY GOES INTO EFFECT THE ABILITY TO ADEQUATELY ANALYZE LOAN PRODUCTS.

                                 MS. WALSH:  THANK YOU.  WILL THE SPONSOR YIELD FOR

                    JUST A COUPLE OF QUESTIONS, PLEASE?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, SIR?

                                 MR. ZEBROWSKI:  YES.  I'LL YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MS. WALSH:  THANK YOU, MR. ZEBROWSKI.  SO I -- I

                    DID REVIEW THE TRANSCRIPT OF THE DEBATE FROM LAST YEAR AND I FOUND IT A

                    LITTLE BIT CONFUSING AND I'M JUST HOPING THAT YOU COULD HELP BY OFFERING

                    -- JUST OFFER A TYPICAL EXAMPLE OF A TRANSACTION WHERE THIS TRUTH IN

                    LENDING STATEMENT OR FINANCIAL STATEMENT WILL COME INTO PLAY.

                                 MR. ZEBROWSKI:  SURE.  WELL, THERE ARE A HOST OF

                    DIFFERENT PRODUCTS, RIGHT AND WE ACTUALLY ALSO LEAVE ROOM FOR ADDITIONAL

                    PRODUCTS, SO JUST TO GIVE YOU A SENSE OF SOME OF THE PRODUCTS OUT THERE

                    AND, I GUESS, IF YOU WANT ME TO DRILL DOWN ON SOME OF THOSE LET ME

                    KNOW.  BUT THERE'S, YOU KNOW, CLOSED-END FINANCING, OPEN-END

                    FINANCING, WHICH ARE TWO DIFFERENT TYPES OF LENDING PRODUCTS, THERE'S

                    FACTORING.  AND FOR ALL OF THESE IT REQUIRES A SET OF DISCLOSURES SO THAT

                    PEOPLE CAN COMPARE PRODUCTS.  PROBABLY WHAT YOU WOULD HEAR THE

                    MOST ABOUT IS THE REQUIREMENT THAT -- THAT APR BEING DISCLOSED TO

                    SMALL BUSINESSES REGARDLESS OF THE PRODUCT, RIGHT.  SO IF I COULD JUST

                                         58



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    GIVE YOU AN EXAMPLE OF -- OF WHAT THAT WOULD MEAN.  IF YOU JUST GIVE

                    ME A SECOND, I HAVE SO MANY PAPERS IN FRONT OF ME RIGHT NOW, I'M

                    LOOKING FOR MY EXAMPLE, MS. WALSH.

                                 MS. WALSH:  OF COURSE.

                                 MR. ZEBROWSKI:  ALL RIGHT.  SO LET'S TAKE -- LET'S

                    TAKE AN EXAMPLE WHERE SOMEONE REQUESTS $10,000 IN -- IN FINANCING

                    AND THE TOTAL REPAYMENT AMOUNT IS 12,000, OKAY.  AND THE WAY THIS

                    FINANCIAL PRODUCT WORKS IS THAT THEY TAKE TEN PERCENT OF THE DAILY SALES,

                    OKAY AND - SO STAY WITH ME HERE - WE'VE GOT $10,000 YOU'RE BORROWING

                    OR YOU WANT YOUR TOTAL REPAYMENT AMOUNT IS 12,000 AND THEY'RE GOING

                    TO TAKE A PERCENTAGE OF YOUR SALES, THIS IS A PRODUCT THAT HAS BECOME

                    PREVALENT.  SO SAY YOUR AVERAGE MONTHLY VOLUME OF SALES IS $40,000,

                    OKAY, THAT'S WHAT YOU'RE DOING IN A MONTH.  WELL, THAT MEANS YOUR

                    AVERAGE DAILY SALES IS $1,333 AND YOUR ESTIMATED DAILY PAYMENT WOULD

                    BE $133, OKAY.  SO UNDER THIS PRODUCT, WHICH MAY -- MAY WORK OR MAY

                    NOT WORK FOR A BUSINESS, THE TOTAL TIME OF REPAYMENT WOULD BE 90 DAYS,

                    OKAY.  SO UNDER THIS BILL, A BUSINESS WOULD BE ABLE TO LOOK AT THIS, SEE

                    THAT THEIR TOTAL REPAYMENT AMOUNT AND THEIR COST AND CAPITAL IS $2,000

                    BUT ALSO SEE THAT THEIR REPAYMENT TIME PERIOD IS 90 DAYS AND THEREFORE

                    THEIR APR IS 151 PERCENT.  NOW THAT'S RELEVANT TO A BUSINESS, RIGHT

                    BECAUSE THEY MAY WANT TO GO AND GET A MORE TRADITIONAL LOAN PRODUCT

                    WHERE THAT APR IS FAR LESS, OR THEY MAY WANT TO GO ALONG WITH THIS

                    PRODUCT BECAUSE THEY LIKE THE IDEA OF KNOWING THAT THEY'RE GOING TO PAY

                    -- REPAY $12,000, IT'S GOING TO BE A PERCENTAGE OF SALES, THEY'RE GOING TO

                    PAY IT BACK IN 90 DAYS.  WHAT THIS BILL DOES IS IT ALLOWS SMALL

                                         59



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    BUSINESSES TO TAKE THESE COMPLICATED TERMS THAT ARE BEING PRESENTED TO

                    THEM NOW WITHOUT A LANDSCAPE TO COMPARE AND GIVE THEM A

                    COMPARISON TECHNIQUE, SO I HOPE THAT ANSWERS YOUR QUESTION.

                                 MS. WALSH:  NO, THAT REALLY DID, IT HELPED.  SO I

                    GUESS -- SO THE GROUPS OF PEOPLE OR INDIVIDUALS OR BUSINESSES THAT

                    YOU'RE TRYING TO HELP HERE THROUGH THIS LEGISLATION ARE SMALL BUSINESSES,

                    PERHAPS, RATHER THAN INDIVIDUAL PURCHASERS.  SO, YOU KNOW, LIKE I

                    WOULD THINK, YOU KNOW, IF SOMEBODY GOES TO BUY A CAR AND THERE'S

                    FINANCING THROUGH GMAC OR FORD MOTOR CREDIT CORP. OR A PLACE LIKE

                    THAT OR THEY'RE GOING TO BUY FURNITURE AND THEY'RE GOING TO FINANCE IT FOR

                    A FEW YEARS, THAT'S NOT -- THAT'S NOT WHAT THIS BILL IS COVERING, THEY'RE NOT

                    COVERING THOSE KINDS OF TRANSACTIONS.  THEY'RE COVERING BUSINESS --

                    BUSINESS TRANSACTIONS WITH LENDERS AND THEY'RE TRYING TO GIVE THOSE

                    BUSINESSES MORE INFORMATION SO THAT THEY CAN MAKE A WISE BUSINESS

                    DECISION, IS THAT CORRECT?

                                 MR. ZEBROWSKI:  RIGHT.  BECAUSE THE FEDERAL

                    GOVERNMENT HAS A CONSUMER TRUTH IN LENDING ACT SO THEY OCCUPY

                    MUCH OF THAT SPACE.  THERE IS NOTHING FOR -- FOR COMMERCIAL BUSINESSES

                    AND AS I'D OFTEN SAID, YOU KNOW, THROUGHOUT THIS BILL AND OTHER TIMES,

                    YOU KNOW, I FEEL LIKE THERE'S AN ERRONEOUS ASSUMPTION THAT SMALL

                    BUSINESSES ACROSS NEW YORK STATE HAVE A TEAM OF LAWYERS AND A TEAM

                    OF ACCOUNTANTS.  AND I'M SURE YOU KNOW, LIKE I DO, YOU KNOW WALK

                    THROUGH OUR DISTRICTS AND TALK TO A LOT OF BUSINESSES WHETHER IT'S, YOU

                    KNOW, THE PIZZA SHOP OR ANY TYPE OF OTHER SMALL BUSINESS, YOU KNOW,

                    THE CAKE SHOP OR SOMETHING LIKE THAT, YOU KNOW, THESE ARE SMALL

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    BUSINESSES THAT ARE TRYING TO FIGURE OUT IF THEY NEED CAPITAL FINANCING.

                    THEY'RE GOING ON LINE AT NIGHT AFTER THEY WORK A LONG DAY AND THEY'RE

                    PRESENTED WITH ALL THESE SORT OF LIKE CONFUSING METRICS, SO BECAUSE THE

                    FEDERAL GOVERNMENT AND THE TRUTH IN LENDING ACT DOESN'T DEAL WITH

                    COMMERCIAL FINANCING, THAT WAS THE IMPETUS FOR THIS BILL.

                                 MS. WALSH:  THANK YOU VERY MUCH.  THAT'S VERY

                    HELPFUL.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MS.

                    WALSH.

                                 MS. WALSH:  SO I REALLY DO APPRECIATE MR.

                    ZEBROWSKI'S EXPLANATION, THAT HELPED ME, I DON'T KNOW IF IT HELPED

                    ANYBODY ELSE, BUT I WOULD JUST NOTE THAT THE CHAPTER AMENDMENT

                    SOMETHING SIGNIFICANT THAT IT DOES IS IT EXEMPTS MOST AUTO DEALERS FROM

                    STATE-IMPOSED TRUTH IN LENDING DISCLOSURE REQUIREMENTS.  HOWEVER, IT

                    DOESN'T MAKE ANY SUCH PROVISION FOR RV AND BOAT DEALERS.  SO LAST YEAR

                    WE DID HAVE SOME INDIVIDUALS IN THE NEGATIVE, BUT I DO APPRECIATE THE

                    SPONSOR'S EXPLANATION AND I VOTED IN THE AFFIRMATIVE LAST YEAR AND MY

                    PLAN WOULD BE TO VOTE IN THE AFFIRMATIVE ON THE CHAPTER AMENDMENT.  I

                    DO THINK THAT IT IMPROVES IT SO THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON S00898.  THIS IS A FAST ROLL CALL.  ANY MEMBER WHO WISHES

                    TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  WOULD YOU

                    PLEASE RECORD THE FOLLOWING MEMBERS IN THE NEGATIVE:  MR. DIPIETRO

                    AND MR. WALCZYK.  THANK YOU.

                                 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:  MR. SPEAKER, IF WE CAN

                    NOW GO TO PAGE 9 ON THE MAIN CALENDAR AND TAKE UP CALENDAR NO. 66

                    BY MR. ZEBROWSKI ON THE DEBATE.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. 00881, CALENDAR NO. 66,

                    SENATOR BROOKS, (ZEBROWSKI- A00964).  AN ACT TO AMEND THE

                    EXECUTIVE LAW, IN RELATION TO VIOLATIONS OF THE UNIFORM FIRE

                    PREVENTION AND BUILDING CODE.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. ZEBROWSKI.

                                 MR. ZEBROWSKI:  SURE.  THANK YOU, MR. SPEAKER

                    AND MY COLLEAGUES.  THIS NEXT BILL IS ALSO A CHAPTER AMENDMENT TO A

                    BILL WE PASSED LAST YEAR AND THIS -- THIS BILL DEALS WITH STRENGTHENING

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    OUR BUILDING AND FIRE CODES, A BILL WE PASSED LAST YEAR REQUIRED THAT IN

                    ANY SITUATION WHERE A -- THERE HAS BEEN A BUILDING ALTERED IN A WAY THAT

                    IS A VIOLATION OF THE BUILDING CODE AND IT WOULD IMPEDE A PERSON'S

                    EGRESS DURING A FIRE OR OTHER EMERGENCY, IT CREATED AN INCREASED

                    PENALTIES FOR THAT.  SO THIS IS A CHAPTER AMENDMENT WHICH STRENGTHENS

                    THAT BILL BY ALSO INCLUDING FOLKS LIKE A BUILDER, AN ARCHITECT, A

                    CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION SUPERINTENDENT OR AGENT THEREOF

                    WHO HAD KNOWLEDGE OF THE ALTERATION.  AND IT ALSO MAKES SOME OTHER

                    TECHNICAL LANGUAGE AMENDMENTS TO THE BILL WHICH WERE NEGOTIATED WITH

                    THE EXECUTIVE.

                                 ACTING SPEAKER AUBRY:  MS. GIGLIO.

                                 MS. GIGLIO:  WILL THE SPONSOR YIELD, PLEASE?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                    YOU YIELD?

                                 MR. ZEBROWSKI:  YES, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS,

                    MA'AM.

                                 MS. GIGLIO:  THANK YOU, MR. SPONSOR.  SO I LIKE THE

                    INTENT COMING FROM A DISTRICT WHERE WE HAVE SEVERAL OVERCROWDED

                    HOUSES AND WE HAVE A LOT OF PEOPLE LIVING IN THOSE HOMES, SOMETIMES

                    IMPROVEMENTS ARE MADE TO THOSE HOMES BY THE TENANTS THEMSELVES AND

                    I CANNOT SEE ANY LIABILITY IN THIS AMENDMENT FOR THE TENANTS THAT

                    ACTUALLY PERFORM WORK WITHOUT BUILDING PERMITS, WITHOUT INSURANCE

                    AND WITHOUT ANY CONSIDERATION FOR THE LANDLORD.  SO I'M JUST WONDERING

                    WHY THE TENANT LIABILITY WAS NOT INCLUDED IN THIS BILL.

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MR. ZEBROWSKI:  YOU'RE CORRECT.  THIS BILL

                    GENERALLY DEALS WITH THE LANDLORD AND ANY, YOU KNOW, LIKE I SAID, ANY

                    SUBCONTRACTORS OR CONTRACTORS THAT ARE DOING WORK IN A WAY THAT IS IN

                    VIOLATION OF THE CODE AND WOULD CREATE A VERY DANGEROUS SITUATION.

                    CERTAINLY I'D BE HAPPY TO WORK WITH YOU ON ADDITIONAL LEGISLATION

                    BECAUSE THERE CAN BE FROM TIME TO TIME TENANTS THAT CREATE THAT TYPE OF

                    SITUATION.  YOU WOULD HOPE THAT AT SOME POINT DURING INSPECTION OR

                    SOMETHING LIKE THAT A LANDLORD WOULD BE MADE AWARE OF THAT, BUT THAT

                    PERHAPS IS SOMETHING THAT WE COULD WORK TOGETHER ON TO COME UP WITH

                    A SEPARATE BILL.

                                 MS. GIGLIO:  I LOOK FORWARD TO THAT.  THANK YOU FOR

                    YOUR RESPONSE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                    YOU YIELD?

                                 MR. ZEBROWSKI:  YES.  I'LL YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. ZEBROWSKI.  UNDER

                    THE PROPOSED CHAPTER AMENDMENT I THINK YOU MENTIONED, AND I'M

                    LOOKING AT THE LANGUAGE RIGHT NOW, ANY BUILDER, ARCHITECT, CONTRACTOR,

                    SUBCONTRACTOR OR CONSTRUCTION SUPERINTENDENT OR AGENT THEREOF WHO HAS

                    KNOWLEDGE OF A VIOLATION WOULD BE SUBJECT TO A $7,500 - AND THE ACTIVE

                    VERB, OF COURSE, IS KNOWLEDGE, HAS KNOWLEDGE.  THERE'S NO

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    REQUIREMENT, IS THERE, THAT ANY - UNDER THE STATUTORY LANGUAGE - THAT ANY

                    OF THOSE INDIVIDUALS ACTUALLY BE INVOLVED IN CONSTRUCTION ACTIVITIES THAT

                    BLOCK THE EXIT.  IT'S JUST THEIR KNOWLEDGE THAT MAKE THEM LIABLE UNDER

                    THE TERMS OF THIS LANGUAGE; IS THAT CORRECT?

                                 MR. ZEBROWSKI:  YES, THAT'S CORRECT, MR. GOODELL.

                    IF YOU WANT, I CAN -- I CAN TALK ABOUT IT A BIT FURTHER.  AND YOU AND I

                    HAVE HAD CONVERSATIONS AND I CAN SAY AND I THINK I GET YOUR -- I MEAN I

                    COULD LET YOU -- YOU MAKE YOUR OBJECTION BUT, YOU KNOW, I CERTAINLY

                    THINK I UNDERSTAND, RIGHT.  AND I BELIEVE THAT THE KNOWLEDGE

                    COMPONENT OF THIS STATUTE WOULD ENSURE THAT IT'S FOLKS THAT SHOULD BE

                    AWARE OF THE CONDITION THAT WOULD CREATE, YOU KNOW, THE DANGEROUS

                    CONDITION THAT COULD POSSIBLY RESULT IN INJURY OR DEATH.

                                 MR. GOODELL:  FOLLOWING UP ON MY COLLEAGUE'S

                    QUESTION.  THE ENTITIES OR THE PEOPLE THAT WOULD HAVE THE MOST

                    KNOWLEDGE BY FAR OF A DANGEROUS HOUSING VIOLATION WOULD BE THE

                    TENANTS.  WHY WERE THE TENANTS NOT INCLUDED IN ANY LIABILITY EVEN

                    THOUGH THEY HAVE DAILY KNOWLEDGE OF A POTENTIAL PROBLEM?

                                 MR. ZEBROWSKI:  WELL, I THINK IT'S A BIT TRICKY AND

                    LIKE I SAID TO YOUR PRIOR COLLEAGUE, I'D BE HAPPY TO WORK ON LEGISLATION

                    BUT I THINK IT'S A BIT TRICKY TO PUT TENANTS PERHAPS WITH THE SAME EXACT

                    KNOWLEDGE AND -- AND REQUIRE THEM TO HAVE THE SAME REPORTING

                    KNOWLEDGE OF SPECIFIC BUILDING OR FIRE CODES.  NOW CERTAINLY IF YOU'RE

                    IN A SITUATION WHERE THE TENANT IS AFFIRMATIVELY DOING SOMETHING IN

                    MAKING THE ALTERATIONS, THEN PERHAPS WE COULD, YOU KNOW, DRAFT A BILL

                    THAT WE COULD ALL AGREE ON.  IF YOU ARE ON THE OTHER HAND RELYING ON A

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    TENANT COMING INTO A BUILDING THAT HAS BEEN ALTERED BY A LANDLORD AND

                    HAVING THE REQUISITE KNOWLEDGE TO KNOW THAT THAT VIOLATES THE BUILDING

                    CODE, THEN I THINK WE MAY HAVE A DIVERGENT OPINION BECAUSE I'M NOT

                    SURE WE CAN RELY ON TENANTS TO HAVE THAT LEVEL OF BUILDING CODE

                    KNOWLEDGE.

                                 MR. GOODELL:  THE -- THE LANGUAGE, AS WE'VE

                    DISCUSSED EARLIER, MAKES ANYONE WHO IS A CONTRACTOR, SUBCONTRACTOR,

                    ARCHITECT, CONSTRUCTION SUPERINTENDENT OR AGENT WHO HAS KNOWLEDGE OF

                    A VIOLATION LIABLE FOR UP TO $7,500.  DOES THE LANGUAGE OF THE STATUTE

                    PROVIDE ANY EXEMPTION FROM LIABILITY IF FOR EXAMPLE THE ARCHITECT,

                    CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION SUPERINTENDENT OR AGENT ADVISES

                    THE OWNER OF A POTENTIAL PROBLEM OR ADVISES THE LOCAL MUNICIPALITY OF A

                    POTENTIAL PROBLEM?  DOES THAT THEN EXEMPT THEM FROM LIABILITY UNDER

                    THE LANGUAGE OF THIS STATUTE OR THIS PROPOSED BILL?

                                 MR. ZEBROWSKI:  I THINK IT WOULD BE UP TO THE

                    GIVEN FACT PATTERN HOW IT'S PRESENTED TO A COURT, RIGHT.  SO, YOU KNOW,

                    ONE FACT PATTERN COULD BE SOMEBODY COMES INTO A STRUCTURE AND SEES

                    SOMETHING THAT THEY THINK MIGHT BE IN VIOLATION AND TELLS THE OWNER

                    AND DOESN'T DO ANY WORK THAT IS, YOU KNOW, NOT -- DOESN'T DO ANYTHING,

                    WORK THAT IS AGAINST CODE OR THAT WOULD VIOLATE THIS SECTION.

                                 MR. GOODELL:  OKAY.

                                 MR. ZEBROWSKI:  NOW, I COULD GIVE YOU A

                    COMPLETELY DIFFERENT FACT PATTERN WHERE THAT WOULD NOT BE OKAY, YOU

                    KNOW.  SO -- SO LET'S TRY TO LIKE BRING THIS TO A SITUATION OR A

                    HYPOTHETICAL THAT PERHAPS IS GOING ON IN PEOPLE'S DISTRICTS.  YOU KNOW

                                         66



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    AND CERTAINLY WHAT I'VE SEEN IN AND AROUND ROCKLAND COUNTY AT VARIOUS

                    TIMES, YOU KNOW, WHERE LIKE A BASEMENT IS CHOPPED UP INTO SEVERAL

                    APARTMENTS OR AN ATTIC'S CHOPPED UP INTO SEVERAL APARTMENTS.  THERE'S

                    NOT -- YOU KNOW, ONE IS -- BACKS UP ANOTHER AND THERE'S NO ABILITY FOR

                    FOLKS TO GET OUT.  YOU KNOW, UNFORTUNATELY IN ROCKLAND, YOU KNOW,

                    AND IN MANY PARTS OF THE STATE WE'VE HAD SOME CLOSE CALLS AND SOME

                    HORRIFIC INCIDENCES OF INJURIES.  SO, YOU KNOW, IF YOU TAKE A CONTRACTOR

                    THAT GOES IN AND -- AND CUTS -- ACTUALLY IS THE PERSON THAT BUILDS THOSE

                    BEDROOMS, IF YOU WILL, IN THE ATTIC, NOW THAT PERSON SHOULD HAVE

                    LIABILITY, RIGHT.  BUT LET'S TAKE ANOTHER CONTRACTOR, PERHAPS THE

                    ELECTRICIAN WHO WIRES THOSE.  OR LET'S TAKE AN ELECTRICIAN WHO JUST

                    MERELY -- THEY'VE ALREADY BUILT AND MAYBE LIKE GOES THROUGH THIS

                    LABYRINTH OF BEDROOMS TO THE BACK ONE TO INSTALL A OUTLET.  YOU KNOW,

                    THOSE ARE ALL DIFFERENT FACT PATTERNS BUT I WOULD SAY IN THE -- IN THE LAST

                    TWO, YOU KNOW, CERTAINLY IF YOU'RE WIRING ILLEGAL APARTMENTS EVEN

                    THOUGH YOU DIDN'T -- OR ILLEGAL ROOMS, EVEN THOUGH YOU DIDN'T BUILD

                    THEM, UNDER YOUR LICENSE AND BEING THE FACT THAT YOU ARE A -- A

                    CONTRACTOR OR SOMETHING YOU SHOULD -- YOU SHOULD BEAR SOME LIABILITY

                    THERE AND, QUITE FRANKLY, WE'RE NOT EVEN LOOKING FOR LIABILITY.  WE'RE

                    LOOKING FOR YOU NOT TO DO THE WORK, RIGHT.  WE'RE LOOKING FOR YOU TO SAY

                    THIS:  I CAN'T DO THIS WORK.  NOT TO -- WE SHOULDN'T GIVE LANDLORDS OR

                    ANYBODY ELSE THE ABILITY TO SORT OF PIECEMEAL A PROJECT TO -- IN ORDER TO

                    AVOID, YOU KNOW, A CONTRACTOR FEELING LIKE THEY SHOULDN'T DO ILLEGAL

                    WORK OR EVEN, I WOULD SAY, YOU HAVE SOMEBODY THAT'S, YOU KNOW,

                    DOING A -- A MINOR ALTERATION BUT ONE THAT IS CLEARLY IN A VERY DANGEROUS

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    SITUATION, WELL, THEN THAT PRIOR PERSON SHOULDN'T BE DOING THAT EITHER.

                    EVEN IF THEY DIDN'T PARTICULARLY BUILD OUT THE, YOU KNOW, THE ALTERATION

                    IF YOU --

                                 MR. GOODELL:  AS YOU -- AS YOU NOTED EARLIER,

                    THOUGH, MR. ZEBROWSKI, THIS IS NOT TRIGGERED BY ANY CONSTRUCTION

                    ACTIVITY THAT RELATES TO THE VIOLATION, RIGHT.  IT'S TRIGGERED BY KNOWLEDGE.

                    SO USING YOUR HYPOTHETICAL AND THE ACTUAL LANGUAGE OF THE BILL WE'RE

                    CONSIDERING, IF YOU WERE CALLED AS AN ELECTRICIAN AND WHEN YOU ARRIVED

                    YOU SAW THAT THERE WAS A VIOLATION OF THE HOUSING CODE.  YOU NOW HAVE

                    KNOWLEDGE.  AND UNDER THE LANGUAGE OF THIS BILL YOU COULD BE SUBJECT

                    TO A $7,500 FINE EVEN IF YOU REFUSE TO DO ANY MORE WORK, RIGHT.  EVEN IF

                    YOU SAID, SORRY.  I AM OUT OF HERE, BECAUSE YOU HAVE KNOWLEDGE.  THIS

                    LANGUAGE IS NOT LIMITED TO SOMEONE WHO ACTUALLY DOES ANY WORK THAT'S

                    IN ANY WAY RELATED, RIGHT.  IT'S ALL BASED ON KNOWLEDGE.  SO IF YOU HAVE

                    KNOWLEDGE, EVEN THOUGH YOU'RE NOT THE OWNER, EVEN THOUGH YOU DIDN'T

                    DO ANY WORK ON IT, EVEN THOUGH YOU DIDN'T HAVE ANYTHING TO DO WITH IT

                    OTHER THAN THE FACT THAT YOU WERE A CONTRACTOR OR AN ARCHITECT OR A

                    SUBCONTRACTOR OR A CONSTRUCTION SUPERINTENDENT OR AN AGENT, IF YOU HAVE

                    KNOWLEDGE, YOU COULD BE SUBJECT TO A $7,500 FINE UNDER THE LANGUAGE

                    OF THIS BILL, CORRECT?

                                 MR. ZEBROWSKI:  I'M NOT SURE I AGREE, MR.

                    GOODELL AND, YOU KNOW --

                                 MR. GOODELL:  THE LANGUAGE GIVES THEM A

                    EXEMPTION FROM LIABILITY.

                                 MR. ZEBROWSKI:  FIRST OF ALL, THERE'S A CIVIL FINE

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    THAT WOULD HAVE TO BE CHARGED, YOU KNOW, AND ENFORCED IN A COURT OF

                    LAW.  SO, YOU KNOW, IF WE'RE GOING TO GO THROUGH HYPOTHETICAL

                    SCENARIOS, RIGHT, AND SO YOUR HYPOTHETICAL SCENARIO IS THIS CONTRACTOR IS

                    WHAT?  WALKING DOWN THE STREET OR SORT OF COMES IN, SEES SOMETHING

                    AND SAYS THIS ISN'T UP TO CODE, I'M NOT DOING THE WORK?  AND THEN HOW

                    -- AND THEY WALK AWAY, THAT PERSON IS THE PERSON THAT YOU BELIEVE IS

                    GOING TO BE CHARGED AND THEN GO BEFORE A JUDGE IN A COURT OF LAW AND

                    SAY I DIDN'T DO THE WORK, I TOLD THE PERSON.  YOU THINK THAT, UNDER THE

                    LANGUAGE OF THIS LAW, IS THE PERSON THAT'S GOING TO BE CHARGED?  I -- I

                    DON'T BELIEVE SO.

                                 MR. GOODELL:  WELL, I WOULD HOPE NOT, BUT IT'S

                    ALSO MY HOPE THAT AS LEGISLATORS WE DRAFT LANGUAGE AND LAWS THAT LEAVE

                    NO AMBIGUITY ON THAT ISSUE.

                                 THANK YOU VERY MUCH, MR. ZEBROWSKI.  I APPRECIATE

                    YOUR COMMENTS.

                                 SIR, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  I ABSOLUTELY SHARE MY COLLEAGUE'S

                    DESIRE TO MAKE SURE THAT APARTMENTS ARE SAFE.  AND IF WE'RE SERIOUS

                    ABOUT MAKING SURE THAT APARTMENTS ARE SAFE AND THAT THERE'S A WAY TO

                    GET OUT IN THE EVENT OF A FIRE OR -- OR OTHER EVENT OF THAT NATURE, I THINK

                    IT'S APPROPRIATE TO HOLD THE PEOPLE WHO BLOCK THE EXIT RESPONSIBLE.  I'M

                    ABSOLUTELY 100 PERCENT IN AGREEMENT IN HOLDING PEOPLE WHO BLOCK AN

                    EMERGENCY EXIT RESPONSIBLE.  AND I DON'T HAVE A PROBLEM HOLDING THOSE

                    WHO CONDONE THAT DANGEROUS SITUATION RESPONSIBLE.  FOR EXAMPLE, THE

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                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    TENANT WHO PUTS A DRESSER IN FRONT OF AN EMERGENCY EXIT WHO KNOWS

                    EVERY SINGLE DAY THAT THEIR APARTMENT VIOLATES THE HOUSING CODE.  BUT

                    THAT'S NOT WHAT THIS BILL DOES.  THIS BILL DOESN'T STATE THAT THOSE WHO

                    CREATE A DANGEROUS SITUATION ARE HELD LIABLE, IT DOESN'T SAY THAT THOSE

                    WHO KNOW ABOUT IT EVERY SINGLE DAY ARE LIABLE.  WHAT IT SAYS IS IF YOU'RE

                    A -- IF YOU'RE AN ARCHITECT OR A CONTRACTOR OR SUBCONTRACTOR OR

                    CONSTRUCTION SUPERINTENDENT OR AGENT AND YOU ACQUIRE KNOWLEDGE OF

                    THE VIOLATION EVEN IF YOUR KNOWLEDGE HAD NOTHING WHATSOEVER TO DO

                    WITH CREATING OR MAINTAINING THAT DANGEROUS SITUATION, THEN UNDER THIS

                    BILL YOU WOULD BE LIABLE FOR A $7,500 FINE.  NOW, A GENERAL MATTER, IF

                    WE NEED ELECTRICAL WORK DONE IN AN APARTMENT WE WANT A LICENSED

                    ELECTRICIAN WHO HAS GOT THE SKILL AND ABILITY TO MAKE SURE THAT WHEN THE

                    WIRING IS DONE THERE'S NO RISK OF A FIRE.  AND IF THE KITCHEN SINK IS

                    CLOGGED, WE WANT TO BE ABLE TO CALL A COMPETENT PLUMBER TO FIX IT.  AND

                    WE WANT ALL OF OUR TRADESMEN TO COME AT OUR REQUEST AND DO A

                    PROFESSIONAL JOB.  BUT WHAT THIS LEGISLATION SAYS IS THAT EVERY SINGLE

                    TRADESMAN WHO IS CALLED INTO AN APARTMENT TO DO WORK, IF THEY DISCOVER

                    WHILE THEY'RE THERE THAT THERE'S SOMETHING WRONG WITH THE ENTRANCE OR

                    EXIT, THEY'RE FACING A $7,500 FINE AND THERE'S NO SAFE HARBOR.  IT DOESN'T

                    SAY THAT IF YOU REPORT IT YOU'RE EXEMPT FROM THE FINE, NO.  SO IT DOESN'T

                    MATTER THAT YOU DIDN'T CREATE IT.  IT DOESN'T MATTER THAT YOU HAD NOTHING

                    TO DO WITH MAINTAINING IT.  IT DOESN'T MATTER IF YOU REPORT IT.  JUST YOUR

                    VERY KNOWLEDGE COULD SUBMIT YOU TO A $7,500 FINE.  I SUPPORT OUR

                    TRADESMEN.  I MEAN GOD BLESS OUR PLUMBERS AND OUR ELECTRICIANS AND

                    OUR CONTRACTORS WHO COME IN AND HELP US LIVE IN A SAFE APARTMENT WITH

                                         70



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    SOLID ELECTRICAL WIRING AND GREAT PLUMBING AND ALL THE OTHER THINGS THEY

                    DO.  AND THE LAST THING I THINK WE SHOULD DO IS SUBJECT OUR TRADESMEN

                    TO POTENTIAL LIABILITY BASED ON SIMPLY ACQUIRING THE KNOWLEDGE THAT

                    SOMEBODY ELSE AT SOME OTHER TIME IS DOING SOMETHING INAPPROPRIATE IN

                    SOME OTHER PART OF THE APARTMENT, YET THAT'S WHAT THIS LANGUAGE DOES.

                    FOR THAT REASON, I'LL OPPOSE IT AND I WOULD RECOMMEND THAT MY

                    COLLEAGUES LIKEWISE OPPOSE IT AND SUPPORT OUR TRADESMEN AND A

                    REASONABLE BALANCING OF LIABILITY.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. ZEBROWSKI ON THE BILL.

                                 MR. ZEBROWSKI:  THANKS, MR. SPEAKER.  JUST TO

                    ADDRESS A FEW THINGS.  ONE, SOME OF MY COLLEAGUES EARLIER TALKED ABOUT

                    TENANTS AND AS I SAID EARLIER, I'D BE HAPPY TO WORK ON LEGISLATION.  I DO

                    WANT TO POINT OUT THAT UNDER SECTION 382.2, TENANTS DO HAVE SOME

                    LIABILITY IF THEY PARTAKE IN CERTAIN ACTIVITIES BUT WE CAN HAVE THAT

                    CONVERSATION GOING FORWARD TO SEE IF THERE'S A BILL, AS I MENTIONED

                    BEFORE.  I THINK THERE ARE VARIOUS THINGS YOU'D HAVE TO CONSIDER.

                                 MR. SPEAKER, I THINK THIS IS A PRETTY SIMPLE BILL.  IT

                    REQUIRES THAT -- IT INCREASES WHAT I BELIEVE ARE MUCH-NEEDED PENALTIES

                    SHOULD SOMEBODY ALTER A BUILDING IN A WAY THAT - REMEMBER WHAT WE'RE

                    DEALING WITH HERE.  THEY ALTER IT IN A WAY THAT IT IMPEDES THE EGRESS

                    DURING A FIRE AND AN EMERGENCY.  THOSE ARE THE TYPE OF VIOLATIONS THAT

                    RESULT IN INJURY OR DEATH.  I -- I DON'T AGREE THAT, YOU KNOW, SOMEBODY

                    COMING IN AND SEEING, YOU KNOW, A DRESSER THAT'S NEAR A DOOR AND A

                    DOOR IS AN ALTERATION OF A BUILDING IN A WAY THAT'S GOING TO HAVE LIABILITY

                                         71



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    HERE.  AND QUITE FRANKLY, I ALSO DON'T AGREE THAT THIS IS SOMETHING THAT IS

                    SOMEHOW AGAINST OUR TRADESPEOPLE.  QUITE FRANKLY, I THINK IF YOU TALK

                    TO A LOT OF THE MEMBERS OF THE TRADES IN ANY OF OUR COMMUNITIES AROUND

                    THE STATE, WHAT YOU'LL HEAR FROM MANY OF THEM IS THAT THEY KNOW THE

                    MEMBERS OF THE TRADES THAT ARE WILLING TO PERFORM THESE TYPE OF ILLEGAL

                    ALTERATIONS AND THEY FEEL THAT THEY ARE AT A DISADVANTAGE BECAUSE THEY

                    FEEL THAT THEY HAVE TO FOLLOW THE LAW AND FOLLOW THE CODE SO THEREFORE

                    THEY DON'T GET THE JOB.  AND WE WANT TO MAKE SURE THAT EVERYBODY'S ON

                    A LEVEL PLAYING FIELD AND THAT WE ARE ALL LOOKING TO FOLLOW THE LAW

                    WHICH, QUITE FRANKLY, IN THIS CASE, FOLLOWING THE LAW MEANS SAFETY.

                    SAFETY OF FIRST RESPONDERS, SAFETY OF TENANTS, SAFETY OF, YOU KNOW, ANY --

                    ANY RESIDENT OF NEW YORK STATE THAT MAY BE IN THIS.  SO, YOU KNOW,

                    AND I THINK THAT YOU HAVE TO -- YOU HAVE TO HAVE A LITTLE BIT OF COMMON

                    SENSE AS TO HOW THIS WOULD ACTUALLY PLAY OUT IN A COURT OF LAW, YOU

                    KNOW.  I DON'T -- LIKE I'VE HEARD THROUGHOUT TALKING ABOUT THIS BILL WITH

                    VARIOUS GROUPS AND VARIOUS PEOPLE LIKE, YOU KNOW, WELL, WHAT IF

                    SOMEBODY WAS ACROSS THE STREET AND LOOKED OUT A WINDOW AND SAW

                    SOMETHING THAT THEY MAY -- THAT THEY THOUGHT MAY BE IN VIOLATION.  I

                    MEAN COME ON.  LIKE WHO'S CHARGING SOMEBODY THAT'S ACROSS THE STREET

                    THAT LOOKING OUT A WINDOW AND SEEING MAYBE A VIOLATION.  I MEAN THAT

                    -- I DON'T -- I DON'T BELIEVE ANYBODY'S GETTING CHARGED, ANYBODY'S BEING

                    BROUGHT BEFORE A COURT OF LAW OR ANYBODY'S FULFILLING THE KNOWLEDGE

                    REQUIREMENT THAT IS CONTAINED WITHIN THIS BILL.  NOW, HOWEVER, WEAKEN

                    THIS BILL, DON'T DO THIS BILL, WE'LL CONTINUE TO HAVE A PROLIFERATION OF

                    WHAT WE'VE SEEN AROUND THE STATE WHICH THERE IS ALTERATION OF BUILDINGS

                                         72



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    IN A WAY THAT CREATES A REAL PRESENT DANGER TO THE HEROS THAT WE HAVE

                    RUN IN IN THE CASE OF AN EMERGENCY AND ALSO THE FOLKS THAT ARE IN THOSE

                    BUILDINGS.  MANY TIMES, MANY TIMES I WANT TO POINT OUT THAT IN THE

                    BUILDINGS THAT ARE ALTERED IN THIS ILLEGAL WAY, THEY PREY UPON FOLKS THAT

                    DON'T HAVE THE MEANS TO STAND UP FOR THEMSELVES.  AND THAT'S WHY WE

                    NEED TO HAVE LAWS IN THE STATE OF NEW YORK TO MAKE SURE THAT

                    LANDLORDS, IF THEY'RE GOING TO ALTER A BUILDING, THEY DO IT IN THE SAFEST

                    AND MOST LEGAL WAY POSSIBLE.  BECAUSE WITHOUT LAWS LIKE THIS, WHAT

                    ENDS UP HAPPENING IS BUILDINGS ARE CHOPPED UP INTO WAYS THAT

                    MAXIMIZE PROFITS.  SO THAT'S WHY I THINK THIS BILL IS NECESSARY.  LIKE I

                    SAID, THIS IS A CHAPTER AMENDMENT THAT I THINK STRENGTHENS IT, BUT I

                    WOULD ASK ALL MY COLLEAGUES TO WHEN YOU'RE CONSIDERING THIS, CONSIDER

                    IT IN THE CONTEXT OF YOUR OWN DISTRICTS AND WHAT YOU POSSIBLY HEARD

                    WITHIN YOUR AREA AND NOT WHAT I BELIEVE TO BE HYPOTHETICALS THAT WOULD

                    NOT PLAY OUT IN ANY -- ANY COURT OF LAW AROUND THIS STATE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. LAWLER.

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

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                    YOU YIELD?

                                 MR. ZEBROWSKI:  I WAS MUTED.  YES.  I'LL YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. LAWLER:  THANK YOU.  AND THANK YOU, MR.

                    ZEBROWSKI FOR PUTTING THIS -- THIS BILL FORWARD.  JUST TWO QUICK

                                         73



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    QUESTIONS:  WITHIN THE BILL, IS THERE A REPORTING REQUIREMENT SO IF YOU --

                    IF YOU GAIN KNOWLEDGE OR -- OR PERFORM ANY OF THESE SERVICES THAT

                    ACTUALLY IMPEDE, IS THERE A REPORTING REQUIREMENT WITHIN THIS BILL?

                                 MR. ZEBROWSKI:  THE BILL LANGUAGE DOESN'T HAVE A

                    REPORTING REQUIREMENT, NO.

                                 MR. LAWLER:  OKAY.

                                 MR. ZEBROWSKI:  BUT I WOULD SAY -- CAN I JUST

                    EXPAND ON THAT?

                                 MR. LAWLER:  YES.

                                 MR. ZEBROWSKI:  I MEAN ALL OUR -- IF YOU'RE

                    TALKING ABOUT OUR TRADESPEOPLE THEY ALL HAVE LICENSES AND EVERYBODY

                    OPERATES WITHIN THEIR CURRENT LICENSE STRUCTURE, SO EVEN THOUGH THERE

                    MAY NOT BE A PARTICULAR REQUIREMENT IN THIS BILL, THAT'S NOT TO SAY THAT

                    THIS WOULD SUPERCEDE AND TAKE AWAY A REPORTING REQUIREMENT ON HOW A

                    TRADE IS SUPPOSED TO OPERATE INDEPENDENT OF THIS.

                                 MR. LAWLER:  OKAY.  AND THEN WHEN WE'RE TALKING

                    ABOUT THE -- THE EXPANDED LIST OF PEOPLE THAT -- THAT ARE SUBJECT TO THIS

                    CIVIL PENALTY, DOES IT INCLUDE ANY MUNICIPAL INSPECTORS OR PEOPLE WHO

                    WORK IN -- IN, YOU KNOW, MUNICIPAL BUILDING DEPARTMENTS?  YOU KNOW,

                    IN OTHER WORDS LET'S SAY THEY'RE MADE AWARE, THEY HAVE KNOWLEDGE AND

                    THEY CHOOSE NOT TO ACT ON THAT KNOWLEDGE.  WOULD THEY BE SUBJECT TO

                    SOME SORT OF CIVIL PENALTY UNDER -- UNDER THIS LAW?

                                 MR. ZEBROWSKI:  THAT'S NOT THIS BILL.  I SPONSORED

                    A HOST OF OTHER BILLS AND ACTUALLY WE PASSED A LAW A COUPLE YEARS BACK

                    WHICH -- WHICH STRENGTHENED THE REGULATORY POWERS OVER MUNICIPAL

                                         74



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    INSPECTORS THAT DON'T FOLLOW THE LAW BASED UPON SOME OTHER INCIDENTS

                    SO I WOULD SAY THAT THIS DOESN'T DEAL WITH THAT, BUT A PRIOR STATUTE THAT I

                    PASSED AND IS NOW LAW DEALT WITH THAT AND I'D BE HAPPY TO SEND THAT OUT

                    TO YOU.

                                 MR. LAWLER:  OKAY, GREAT.  THANK YOU.

                                 ON THE BILL.

                                 ACTING SPEAKER ABINANTI:  ON THE BILL.

                                 MR. LAWLER:  SO, I THINK THIS -- THIS BILL THAT MY

                    COLLEAGUE FROM ROCKLAND COUNTY HAS PUT FORTH IS IMPORTANT.  THE

                    BOTTOM LINE IS THAT PEOPLE NEED TO FOLLOW THE LAW.  AND WHEN MAKING

                    ALTERATIONS TO AN EXISTING BUILDING THERE IS A PROCESS BY WHICH YOU DO

                    THAT AND IT'S CRITICALLY IMPORTANT THAT WHETHER IT IS THE CONTRACTOR OR

                    WHETHER IT IS THE HOMEOWNER OR OBVIOUSLY EVEN THE TENANT AS THAT WAS

                    RAISED, IT'S -- IT'S CRITICAL THAT PEOPLE FOLLOW THE RULES.  IF FOR NO OTHER

                    REASON THAN THE SAFETY OF OUR FIRST RESPONDERS AND TO ENSURE THAT THEY

                    ARE NOT IMPEDED IN DOING THEIR DUTIES AND -- AND HELPING SAVE LIVES

                    POTENTIALLY IN THE CASE OF A FIRE.  TOO MANY TIMES, YOU KNOW, IN OUR

                    COMMUNITY IN ROCKLAND COUNTY WE'VE SEEN WHERE THERE HAVE BEEN

                    INSTANCES WHERE PEOPLE ALTER -- MAKE ALTERATIONS TO THEIR -- TO THEIR

                    HOMES, TO APARTMENT BUILDINGS AND, YOU KNOW, THEY DO NOT DO IT IN THE

                    PROPER CHANNELS, THEY DO NOT GO THROUGH THE BUILDING DEPARTMENTS TO

                    GET PERMITS, THEY DON'T ADHERE TO, YOU KNOW, GETTING AN ARCHITECT OR A

                    LICENSED CONTRACTOR TO ENSURE THAT THE WORK IS PERFORMED SAFELY AND UP

                    TO CODE AND STANDARDS.  SO, THIS LAW THAT MY COLLEAGUE HAS PUT FORTH,

                    I'M HAPPY TO SUPPORT BECAUSE, YOU KNOW, IT'S JUST -- IT IS ENSURING THAT

                                         75



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    THOSE WHO HAVE THE ABILITY TO MAKE THESE ALTERATIONS, WHETHER IT IS THE

                    HOMEOWNER, WHETHER IT IS THE LANDLORD, WHETHER IT IS THE CONTRACTOR THAT

                    THEY ADHERE TO THE RULES, THAT THEY FOLLOW THE RULES.  SO I SUPPORT THIS

                    BILL AND ITS INTENT AND I THANK MY COLLEAGUE FOR PUTTING IT FORWARD.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ABINANTI:  MR. MONTESANO.

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

                    ECHO THE COMMENT OF THE LAST SPEAKER, YOU KNOW, A NUMBER OF YEARS

                    AGO I WAS INVOLVED WITH DRAFTING LEGISLATION LIKE THIS AND ON THE HEELS

                    OF A SITUATION THAT HAPPENED IN THE BRONX WITH A MULTIPLE FAMILY

                    HOUSING FIRE WHERE SEVERAL FIREFIGHTERS LOST THEIR LIVES BECAUSE THEY

                    WERE TRAPPED IN UPPER STORIES IN THE BUILDING AND THE BUILDING HAD BEEN

                    SO RECONFIGURED AS NOBODY COULD FIND THEIR WAY WITH SEPARATE

                    BEDROOMS, DOORWAYS AND EVERYTHING.  SEVERAL FIREMEN LOST THEIR LIVES.

                    MANY HAD TO THROW THEMSELVES OUT THE WINDOW TO GET AWAY AND THAT

                    RESULTED IN DIFFERENT LAWS WITH ROPES FOR FIREMEN AND DIFFERENT, YOU

                    KNOW, EQUIPMENT.

                                 AND THIS IS AN ONGOING PROBLEM THROUGHOUT THE STATE.

                    WE SEE IT A LOT ON LONG ISLAND WHEN PEOPLE DO RENOVATIONS TO THEIR

                    HOMES OR TO HOUSES, YOU KNOW, THREE, FOUR, FIVE FAMILIES.  THESE THINGS

                    DO NOT HAPPEN IN A VACUUM.  THE -- THE TRADESMEN THAT COME IN KNOW

                    VERY WELL OF WHETHER OR NOT THE PROJECT IS BEING BUILT TO CODE OR

                    RENOVATED TO CODE BECAUSE THEY'RE ALL INVOLVED IN THE COMMIT PROCESS

                    EVEN IF THEY'RE SUBCONTRACTORS, THE CONTRACTOR'S NAME IS ON A PERMIT AND

                    THEN HE HAS THE SUBCONTRACTORS AND EVERYBODY CARRIES INSURANCE.

                                         76



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    ARCHITECTS CERTAINLY KNOW WHEN THEY'RE DOING A DRAWING THAT THEY HAVE

                    TO DO IT IN COMPLIANCE WITH THE LAW.  SAME THING WITH SURVEYORS THAT

                    PREPARE SURVEYS FOR PROPERTY IF THERE'S GOING TO BE A RENOVATION OR AN

                    ADDITION.  SO NONE OF THIS HAPPENS IN A VACUUM.  IF ANYBODY'S DOING

                    THIS TYPE OF WORK AND THEY'RE NOT DOING IT WITH THE PROPER PERMITS OR

                    THEY'RE NOT DOING IT IN ACCORDANCE WITH THE STATE BUILDING CODE OR THE

                    LOCAL MUNICIPALITY'S BUILDING CODE THEN THEY SHOULD ALL BE HELD

                    RESPONSIBLE.  YOU KNOW, A LOT OF THESE ARE CASH ADVENTURES.  YOU

                    KNOW, THEY BRING IN GUYS WHO WORK ON THE SIDE WHO DO THINGS AND ARE

                    WILLING TO DO EVERYTHING AND ANYTHING TO PICK UP AN EXTRA DOLLAR AND

                    IT'S TO THE DETRIMENT TO THE PEOPLE THAT LIVE THERE.  SOMETIMES THE

                    OWNERS THEMSELVES HAVE NO IDEA THAT WHAT'S BEING DONE IS NOT UP TO

                    CODE AND THINGS OF THAT NATURE.  BUT MORE SO, IT EFFECTS TENANTS.  WE

                    HAD INCIDENTS HERE ON LONG ISLAND THAT IN BASEMENTS OF HOUSES, SEVEN,

                    EIGHT, NINE BEDROOMS WERE BUILT, LITTLE, YOU KNOW, 4X4S, SMALLER THAN A

                    JAIL CELL WITH LOCKED DOORS SERVING AS BEDROOMS FOR PEOPLE.  SOMEBODY

                    HAD TO DO THAT WORK.  AND MANY PEOPLE LOSE THEIR LIVES IN PROPERTIES

                    WHERE ILLEGAL RENOVATIONS HAVE GO ON.  WE'VE HAD A COUPLE OF

                    SITUATIONS OUT HERE IN MY COUNTY IN MY DISTRICT THIS PAST SUMMER WHERE

                    NOT INVOLVING A BUILDING BUT INVOLVING THE CESSPOOLS ON THE PROPERTIES

                    WERE BEING DONE WITHOUT THE PROPER PERMITS AND DOCUMENTS.  THEY

                    WERE NOT SHORED UP PROPERLY AND WE HAD TWO OR THREE INCIDENTS IN

                    DIFFERENT LOCATIONS WHERE THE WORKERS LOST THEIR LIVES BECAUSE OF

                    CAVE-INS. SO THIS HAS TO STOP.  THE PEOPLE HAVE TO BE HELD ACCOUNTABLE

                    AND EVERYTHING NEEDS TO BE DONE IN ACCORDANCE WITH THE LAW.  AND SO

                                         77



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    THEREFORE, I WHOLEHEARTEDLY SUPPORT THIS BILL AS I SUPPORTED THE ORIGINAL

                    BILL-IN-CHIEF AND I WOULD ENCOURAGE MY -- MY COLLEAGUES TO THINK

                    ABOUT THIS STRONGLY BECAUSE THIS IS REALLY PROTECTIVE OF -- OF -- OF

                    TENANTS AND SOME PROPERTY OWNERS THEMSELVES WHO SOMETIMES ARE

                    TAKEN ADVANTAGE OF.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ABINANTI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ABINANTI:  THE CLERK WILL

                    RECORD THE VOTE ON CALENDAR NO. 66.  THIS IS A PARTY VOTE.  ANY

                    MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

                    POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  ON THIS

                    PARTICULAR VOTE, THE REPUBLICAN CONFERENCE WILL GENERALLY BE IN THE

                    NEGATIVE.  ALTHOUGH, LAST YEAR THERE WERE -- THERE WAS A MIX OF YES AND

                    NO VOTES FROM OUR CONFERENCE BUT WE'LL GENERALLY BE IN THE NEGATIVE.

                    IF ANYBODY DISAGREES, THEY CAN CONTACT THE SPEAKER'S OFFICE AND -- AND

                    INDICATE THAT.  THANK YOU.

                                 ACTING SPEAKER ABINANTI:  MRS.

                    PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS

                    ONE.  MEMBERS DECIDING TO BE AN EXCEPTION, SHOULD PLEASE FEEL FREE TO

                                         78



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    CONTACT MY OFFICE AND WE WILL DULY NOTE.  THANK YOU.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER ABINANTI:  MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  WOULD YOU

                    PLEASE RECORD THE FOLLOWING MEMBERS IN THE AFFIRMATIVE:  MR. BYRNE,

                    MR. DESTEFANO, MR. DURSO, MR. FITZPATRICK, MR. GANDOLFO, MR.

                    LAWLER, MR. MIKULIN, MS. MILLER, MR. MONTESANO, MR. MORINELLO, MR.

                    REILLY, MR. SALKA, MR. SMULLEN AND MR. WALCZYK.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MS.

                    WALSH.  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 MRS. PEOPLES-STOKES.

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

                    HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  WE HAVE A PRIVILEGED

                    RESOLUTION.  THE CLERK WILL READ BY MS. NIOU.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 50, MS.

                    NIOU.

                                 LEGISLATIVE RESOLUTION COMMEMORATING THE ASIAN

                    AMERICAN COMMUNITY CELEBRATION OF THE LUNAR NEW YEAR, THE YEAR

                    OF THE OX ON FEBRUARY 12, 2021.

                                 ACTING SPEAKER AUBRY:  MS. NIOU ON THE

                    RESOLUTION.

                                 MS. NIOU:  THANK YOU, MR. SPEAKER FOR THE

                                         79



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    OPPORTUNITY TO SPEAK ON THIS RESOLUTION.  TODAY IS ACTUALLY THE DAY THAT

                    WE BEGIN OUR CELEBRATION OF THE 4,719TH LUNAR NEW YEAR TAKING PLACE

                    ON FEBRUARY 12, 2021.  EACH LUNAR NEW YEAR CORRESPONDS, AS FOLKS

                    KNOW, WITH ONE OF 12 ANIMAL SIGNS EACH WITH ITS OWN TRAITS.  AND THIS

                    YEAR IS THE SIGN OF THE OX AND SO FOLKS WHO PROBABLY RECOGNIZE THE

                    SYMBOL - DICK GOTTFRIED - IT IS ACTUALLY MY LAST NAME.  SO NIOU IS THE

                    SIGN OF THE OX.  THOSE BORN UNDER THE SIGN OF THE OX ARE

                    HARD-WORKING, INTELLIGENT, RELIABLE AND HUMBLE.  THEY VALUE STABLE

                    JOBS.  THEY NEVER SEEK PRAISE AND EXPERTLY NAVIGATE TRICKY AND

                    FRUSTRATING SITUATIONS.  AND OF COURSE, IT IS ALSO SYMBOLIC OF THE YEAR

                    THAT THIS IS THE YEAR THAT WE MUST WORK HARD.

                                 AND SO SEVERAL YEARS AGO NEW YORK STATE PASSED

                    LEGISLATION WHICH DESIGNATED LUNAR NEW YEAR AS A SCHOOL HOLIDAY SO

                    THAT STUDENTS COULD SPEND THE DAY HOW IT SHOULD BE SPENT WITH FRIENDS

                    AND FAMILY.  AND THOUGH THE PAINFUL REALITIES OF THIS PANDEMIC MEANS

                    THAT MANY FAMILIES HAVEN'T BEEN ABLE TO SPEND THAT MUCH TIME TOGETHER

                    OVER THE LAST YEAR, LUNAR NEW YEAR ACTUALLY OFFERS US THE CHANCE TO

                    SHARE JOY WITH THOSE WE LOVE EVEN IF WE'RE CONNECTING OVER A ZOOM

                    CALL LIKE ALL OF YOU.  AND SO LUNAR NEW YEAR IS THE PERFECT TIME TO

                    REFLECT ON OUR PAST YEAR, APPRECIATE OUR BLESSINGS AND OF COURSE GIVE

                    THANKS TO OUR LOVED ONES.  THIS HAS NEVER BEEN MORE IMPORTANT THAN

                    NOW WHEN SO MANY PEOPLE ARE IN NEED OF COMPASSION AND KINDNESS

                    AND LOVE.  THAT'S ESPECIALLY TRUE FOR THE ASIAN-AMERICANS, FOR OUR

                    BLACK AND BROWN BROTHERS AND SISTERS AND THOSE WHO ARE STRUGGLING

                    WITH RACISM AND XENOPHOBIA ALL AROUND THEM.

                                         80



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 BETWEEN MARCH AND AUGUST OF LAST YEAR, THE

                    WATCHDOG GROUP STOP AAPI HATE RECEIVED OVER 2,600 REPORTS OF ASIAN

                    -- OF ANTI-ASIAN HATE CRIMES ACROSS THE COUNTRY.  AND THAT'S JUST THE

                    PEOPLE THAT SPOKE UP AND REPORTED IT.  THE RACISM AND XENOPHOBIA ISN'T

                    NEW BUT BECAUSE OF THE LEADERSHIP OF THIS COUNTRY AND THE

                    NORMALIZATION OF HATE AND RACISM, THERE WAS AN AMPLIFICATION AND AN

                    INCREASE IN HATE CRIMES TOWARDS ASIAN AMERICANS.  WE KNOW STORIES

                    ABOUT PEOPLE LIKE YANG SONG, A SEX WORKER RAPED BY AN UNDERCOVER

                    VICE SQUAD OFFICER IN 2017 WHO THEN MYSTERIOUSLY DIED DURING A STING

                    BY THE SAME VICE SQUAD OF HER WORKPLACE.  WE KNOW STORIES LIKE THE

                    ONE OF THE ELDER WHO WAS BRUTALIZED WHEN HE DIDN'T UNDERSTAND WHAT

                    THE POLICE WERE TRYING TO SAY TO HIM AS HE CROSSED THE STREET.  WE ARE

                    CALLED NAMES.  WE ARE TOLD WE EAT BATS.  WE ARE CALLED KUNG FLU AND

                    BLAMED FOR THE PANDEMIC.  WE ARE PHYSICALLY ATTACKED FOR WEARING A

                    MASK AND PHYSICALLY ATTACKED FOR NOT WEARING A MASK.  WE ARE SPRAYED

                    WITH CLEANING CHEMICALS WHILE JUST RIDING ON THE TRAIN.  WE READ ABOUT

                    CHRISTIAN HALL AND HE'S AN ASIAN AMERICAN TEENAGER SUFFERING -- WHO

                    WAS SUFFERING A MENTAL HEALTH CRISIS WHO WAS EXECUTED BY RESPONDING

                    OFFICERS.  WE SEE INCIDENTS LIKE THE NEW YORK CITY BUS ATTACK WHERE

                    FOUR 15-YEAR-OLD FEMALES ATTACKED A MIDDLE-AGED ASIAN-AMERICAN

                    WOMAN ON A BUS WITH AN UMBRELLA WHILE BLAMING HER FOR THE

                    PANDEMIC.  ASIAN AMERICANS SEE AND FEEL AND LIVE THE 300 PERCENT

                    SPIKE IN ANTI-ASIAN HATE CRIMES SINCE THE ARRIVAL OF THE CORONAVIRUS.

                    AND EVEN IF MOST STORIES OF ANTI-ASIAN HATE INCIDENTS NEVER MAKE THE

                    NEWS LIKE NEW YORKER RIDERS, YOU KNOW, PERSONAL STORIES

                                         81



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    (UNINTELLIGIBLE) SHE'S A FRIEND OF MINE WHO WAS FACING RACIAL SLURS FROM

                    STRANGERS WHILE TAKING OUT HER GARBAGE OR -- OR TIFFANY MA, A NEW

                    YORKER WHO SHARED ON FACEBOOK THAT A STRANGER TRIED TO TACKLE AND

                    BEAT HER ALL WHILE SHOUTING I'M GOING TO KILL YOU AND GET OUT OF THIS

                    COUNTRY, OR EVEN OF MY OWN WHERE SOMEONE CALLED MY OFFICE MULTIPLE

                    TIMES AND TOLD ME TO FRY UP A CAT OR A DOG IN A WOK, OR TOLD ME TO EAT

                    BAGGY BATS AND ANOTHER SAID THEY HOPE THAT I WAS STABBED 27 TIMES.

                    THIS IS THE UGLY FACE OF WHITE SUPREMACY AND THE RACISM THAT SEEKS TO

                    DIVIDE AND TERRORIZE OUR COMMUNITY AND TO PIT OUR MANY COMMUNITIES

                    AGAINST ONE ANOTHER.  AND THE SAD TRUTH IS THAT THIS HAS BEEN GOING ON

                    LONG BEFORE CORONAVIRUS.  WITHOUT ACTION, THE VIRUS OF RACISM WILL

                    CONTINUE TO POISON OUR SOCIETY LONG AFTER WE'VE BEATEN BACK

                    COVID-19.  I AM GRATEFUL THAT WE HAVE IN OUR BODY THE NEWLY-FORMED

                    APA TASK FORCE THAT WAS FORMED BY OUR SPEAKER IN 2017.  AND WE

                    HAVE TO THANK THE SPEAKER FOR BEING THE FIRST TO FORM SUCH A TASK FORCE.

                    AND I WANT TO THANK THE FORMER CHAIR OF THE TASK FORCE AND THE CURRENT

                    EXECUTIVE DIRECTOR FOR AGAIN AND AGAIN ADDRESSING A LOT OF THESE

                    INCIDENTS AS THEY COME UP.  AND I'M ALSO GRATEFUL FOR THE BLACK LATINO

                    HISPANIC AND PUERTO RICAN AND ASIAN CAUCUS THAT WE HAVE HERE IN OUR

                    BODY TO BE ABLE TO MAKE SURE THAT WE ARE ACTUALLY WORKING AS A

                    COMMUNITY AT-LARGE.  AND WE MUST DO BETTER FOR OUR ASIAN

                    COMMUNITIES WHO CALL NEW YORK HOME.  IT IS CLEAR WE ARE NOT DOING

                    ENOUGH AND EVERY TIME IN THE NEW YEAR THAT WE LOOK FOR -- OUT FOR OUR

                    NEIGHBORS WE'RE INVITING THEM INTO OUR FAMILY.  EVERY TIME WE --

                                 ACTING SPEAKER AUBRY:  MS. NIOU?

                                         82



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                                 MS. NIOU:  YES.

                                 ACTING SPEAKER AUBRY:  YOU HAVE ELAPSED

                    YOUR TIME.

                                 MS. NIOU:  OKAY.  CAN I JUST FINISH THE ONE

                    SENTENCE?  WE ARE DEEPENING THE BONDS THAT HELP US WEATHER EVEN THE

                    DARKEST TIMES.  AS WE CELEBRATE THE YEAR OF THE OX WE MUST ENSURE

                    THAT ALL NEW YORKERS FEEL WELCOME IN OUR STATE AND CELEBRATE OUR

                    DIVERSITY. (SPEAKING FOREIGN LANGUAGE).  I HOPE EVERYONE CAN STAY

                    HAPPY, HEALTHY AND WELL AND PROSPEROUS.  HAPPY NEW YEAR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. KIM ON THE RESOLUTION.

                                 MR. KIM:  THANK YOU, MR. SPEAKER AND THANK YOU TO

                    MY COLLEAGUE FOR SPONSORING THIS RESOLUTION EVERY YEAR.  WHEN I FIRST

                    GOT ELECTED I FOUGHT HARD TO MAKE THE LUNAR NEW YEAR A RECOGNIZED

                    HOLIDAY IN NEW YORK STATE PUBLIC SCHOOLS.  I REMEMBER WORKING WITH

                    THE CHAIR OF THE EDUCATION COMMITTEE BACK THEN AND THE SPEAKER AND

                    HE WAS GETTING VOTED OUT OF THE COMMITTEE AND IT WAS ABOUT TO BE

                    SIGNED INTO LAW BY THE GOVERNOR WHEN THE MAYOR OF NEW YORK CITY

                    WAS CALLING ME PANICKY SAYING, PLEASE, DON'T GET IT ON THE COMMITTEE.

                    WE WILL DO IT IN THE CITY.  YOU DON'T NEED A BILL.  AND WE HAD SO MANY

                    STRUGGLES WITH THE CITY BUT WE GOT IT DONE AND IT WAS A VERY PROUD

                    MOMENT FOR ALL THE ASIAN-AMERICAN ELECTED OFFICIALS.  THE REASON WHY

                    I FELT SO STRONGLY ABOUT INCLUDING OUR HOLIDAY INTO THE PUBLIC SCHOOLS OF

                    NEW YORK CITY WAS TWO-FOLD.  FIRST, I FELT THAT IF WE AS A STATE

                    NORMALIZED OUR HOLIDAY IT WOULD HELP ASIAN AMERICANS GAIN

                                         83



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    ACCEPTANCE INTO THE FABRIC OF OUR CITY AND STATE.  AND SECOND, I

                    THOUGHT IT WAS IMPORTANT FOR MY DAUGHTERS TO SEE THAT THEIR HERITAGE

                    HELD UP IN THE SAME WAY AS OTHERS SO THEY COULD FEEL INCLUDED INSTEAD

                    OF FEELING LIKE PERPETUAL FOREIGNERS IN THEIR OWN COUNTRY.  NOW I'M NOT

                    NAIVE ENOUGH TO THINK THAT INCLUSION HAPPENS BY A SIMPLE GESTURE LIKE

                    THE HOLIDAY AND UNFORTUNATELY ASIAN AMERICANS AREN'T EITHER.  WE PUT

                    OUR HEAD DOWN, WORK HARD, BLEND IN AND ACCEPT THE FATE THAT IS PUT IN

                    FRONT OF US.  BUT NO MATTER WHAT OUR CONTRIBUTION IS TO OUR AMERICAN

                    EXPERIMENTS, IT FEELS LIKE THERE'S ONLY A MATTER OF TIME BEFORE WE'RE

                    SCAPEGOATED, MUTED, CANCELED OR VILIFIED FROM ALL SIDES OF THE POLITICAL

                    SPECTRUM.  AND THE DATA SUPPORTS THIS.

                                 LAST WEEK IN NEW YORK CITY AN OLD ASIAN MAN WAS

                    VIOLENTLY ASSAULTED ON HIS WAY TO WORK.  IN OAKLAND, AN OLDER ADULT

                    WAS KNOCKED OVER, HIT HIS HEAD ON THE PAVEMENT FOR NO REASON

                    WHATSOEVER.  IN THE UNITED KINGDOM ANTI-ASIAN ATTACKS ARE UP BY 300

                    PERCENT.  IT SEEMS LIKE MOST OF THE PUBLIC ARE USED TO ASIAN AMERICANS

                    GOING ABOUT OUR BUSINESS WITHOUT DRAWING YOU INTO THE EMOTIONAL TOLL

                    THIS IS TAKING IN OUR COMMUNITIES.  SO LET ME SHARE.  THESE ARE OUR

                    GRANDMOTHERS, OUR GRANDFATHERS, OUR ANCESTORS.  EACH OTHERS REPRESENT

                    ATTRIBUTABLE WISDOM THAT WE PASS DOWN FROM GENERATION TO GENERATION.

                    THEY CREATED THE SAUCE THAT YOU ALL SWORN AND GAINED US ACCEPTANCE

                    BUT NOW THEY'RE AFRAID TO LEAVE THEIR HOMES AND IT'S TRAUMATIZING OUR

                    YOUNGER GENERATIONS.  IF I'M COMPLETELY HONEST, I'M BEGINNING TO

                    DESPAIR OVER THE FACT THAT SO MANY BRILLIANT, YOUNG ASIAN-AMERICAN

                    ACTIVISTS ARE LOSING HOPE THAT THEY'LL EVER BE INCLUDED IN THIS AMERICA.

                                         84



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    THEIR SPIRITS ARE BEING BROKEN BY ANTI-ASIAN SENTIMENTS EXACERBATED BY

                    A BROKEN ECONOMY.  MOST ASIAN AMERICANS ARE RECOGNIZING THAT NO

                    MATTER HOW HARD THEY TRY TO FIT IN IT'S NEARLY IMPOSSIBLE TO BEAT THOSE

                    WHO ARE BORN ON THIRD BASE.  AND AS A RESULT, YOUNGER ASIANS ARE

                    BECOMING MORE EMPATHETIC, LESS COMPASSIONATE, LESS COLLABORATIVE AND

                    MORE CUTTHROAT TOWARD OTHER COMMUNITIES.  ALL (UNINTELLIGIBLE) TOTAL

                    STRUGGLES AROUND IDENTITY AS WELL AS OUR OWN ELITISM RESULT IN

                    ANTI-ASIAN SENTIMENT AND MORE TARGETED HATE CRIMES.  THE EASY PATH

                    AND THE KNEE-JERK REACTION IS TO RESPOND BACK WITH MORE

                    (UNINTELLIGIBLE) VIOLENCE.  CATCH EVERY ATTACKER, CHARGE THEM, MAKE

                    EXAMPLES OUT OF THEM, TAKE A DOMINATING STANCE.  THE HARDER PATH IS

                    TRY TO FIGURE OUT WHERE THIS VIOLENCE IS COMING FROM AND SPEND THE

                    NECESSARY RESOURCES, TIME AND ENERGY TO FORGE AN ALLY-SHIP WITH

                    COMMUNITIES THAT SUFFER THE SAME OPPRESSION FROM THE DOMINANT

                    CULTURE.  IN MY TEENS AND MY EARLY TWENTIES, I SAW AN OLDER -- IF I SAW

                    AN OLDER ASIAN AMERICAN WOMAN OR MAN BEING ASSAULTED I WOULD

                    IMMEDIATELY INTERVENE AND RESPOND FORCEFULLY.  BUT AS A LAWMAKER I

                    STARTED ASKING THE QUESTIONS, WHAT ARE THE CONDITIONS THAT LED TO SUCH

                    VIOLENT ACTS AND HOW CAN WE CONFRONT THEM WITH SOLUTIONS.  THE

                    OBVIOUS MOST IMMEDIATE SOLUTION IS TO INVEST IN OUR PEOPLE, GENERATE

                    MORE REVENUE INTO THE STATE SO OTHERS HAVE A SENSE OF SECURITY AND

                    CONTROL OVER THEIR LIVES.  THIS PANDEMIC HAS LED OUR SOCIAL FABRIC AS

                    NON-EXISTENT, THAT EVERY MAN FOR HIMSELF OR HERSELF WILL ALMOST

                    CERTAINLY CREATE MORE SOCIAL UNREST.  WE NEED TO ATTACK THE SOCIAL AND

                    ECONOMIC CONDITIONS THAT FUEL VIOLENT BEHAVIORS AND NOT JUST REDUCE

                                         85



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    THESE ATTACKS TO INDIVIDUAL HATRED TOWARD ASIANS.  SO THIS ASIAN LUNAR

                    NEW YEAR, GO OUT, SUPPORT YOUR LOCAL ASIAN RESTAURANTS, SHARE YOUR

                    BUBBLE TEA PICTURES ON INSTAGRAM AND ALSO DO THE DEEP WORK, THE WORK

                    THAT CATCHES YOUR TONGUE BEFORE YOU DEHUMANIZE ANOTHER.  THE WORK

                    THAT SACRIFICES YOUR STATURE FOR OTHERS STANDS A CHANCE.  MR. SPEAKER, I

                    AM PROUD TO SUPPORT THIS RESOLUTION AND I HOPE THAT WE CAN GET TO A

                    BETTER PLACE VERY SOON.  HAPPY LUNAR NEW YEAR EVERYONE.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

                                 MS. HYNDMAN.

                                 MS. HYNDMAN:  MR. SPEAKER, PLEASE GO TO

                    ASSEMBLYMEMBER PAM HUNTER TO BE RECOGNIZED.

                                 ACTING SPEAKER AUBRY:  MS. HUNTER, FOR THE

                    PURPOSES OF AN ANNOUNCEMENT.

                                 MS. HUNTER:  YES, MR. SPEAKER, THANK YOU.  AT THE

                    CONCLUSION OF OUR SESSION TODAY WE WILL BE HOLDING AN IMMEDIATE

                    MAJORITY CONFERENCE.

                                 ACTING SPEAKER AUBRY:  MAJORITY CONFERENCE

                    IMMEDIATELY FOLLOWING SESSION.

                                 MS. HYNDMAN.

                                 MS. HYNDMAN:  MR. SPEAKER, DO WE HAVE FURTHER

                    HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  NO, WE DO NOT, MS.

                                         86



                    NYS ASSEMBLY                                         FEBRUARY 10, 2021

                    HYNDMAN.

                                 MS. HYNDMAN:  I NOW MOVE THAT THE ASSEMBLY

                    STAND ADJOURNED UNTIL THURSDAY, FEBRUARY 11TH, TOMORROW BEING A

                    LEGISLATIVE DAY AND THAT WE RECONVENE AT 2:00 P.M. FEBRUARY 22ND, THAT

                    BEING A -- THAT MONDAY BEING A SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                 (WHEREUPON, AT 1:44 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL THURSDAY, FEBRUARY 11TH, THURSDAY BEING A LEGISLATIVE

                    DAY, AND TO RECONVENE ON MONDAY, FEBRUARY 22ND AT 2:00 P.M.,

                    MONDAY BEING A SESSION DAY.)





























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