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
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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?
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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?
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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
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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
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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.
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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
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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,
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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.
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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
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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
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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
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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
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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
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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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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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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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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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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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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
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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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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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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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(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?
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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
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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.
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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
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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.
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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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