WEDNESDAY, MARCH 10, 2021 11:16 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, MARCH 9TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
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NYS ASSEMBLY MARCH 10, 2021
THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY,
MARCH THE 9TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. WE WANT TO
WELCOME COLLEAGUES BACK TO THE CHAMBERS AGAIN TODAY, AND CERTAINLY
THOSE WHO ARE BOTH HERE WITH US AND THOSE WHO ARE REMOTE. IT'S A
BEAUTIFUL DAY IN THE NEIGHBORHOOD. THE SUN IS SHINING. I -- BY THE
WAY, THAT'S A QUOTE FROM MR. ROGERS. OUR OFFICIAL QUOTE FOR TODAY,
THOUGH, IS FROM AUDRE LORDE, MR. SPEAKER. THIS ONE SAYS, OUR FUTURE
SURVIVAL IS PREDICATED UPON OUR ABILITY TO RELATE WITH EQUALITY. MS.
LORDE IS AN AMERICAN WRITER, SHE'S A FEMINIST, SHE'S A WOMANIST. SHE'S
A LIBRARIAN, A CIVIL RIGHTS ARTIST, AND SHE'S SELF-DESCRIBED AS A BLACK
LESBIAN, MOTHER, LAWYER AND POET.
WITH THAT, MR. SPEAKER, I WILL ADVISE MEMBERS THAT
YOU DO HAVE ON YOUR DESK THE MAIN CALENDAR, AND AFTER THERE ARE ANY
HOUSEKEEPING WE WILL START WITH -- INTRODUCTIONS OR HOUSEKEEPING,
WE'LL START WITH RESOLUTIONS ON PAGE 3. AND THEN WE'RE GOING TO
CONTINUE OUR CONSENT WORK BEGINNING WITH CALENDAR NO. 137 AND GO
RIGHT THROUGH TO CALENDAR NO. 153. WE'RE ALSO GOING TO TAKE UP A
COUPLE CHAPTER AMENDMENTS ON DEBATE. ONE OF THEM IS CALENDAR NO.
55 BY MS. WILLIAMS. THE OTHER IS CALENDAR NO. 103 BY MS. WEINSTEIN.
AND THE THIRD, MR. SPEAKER, IS CALENDAR NO. 125 BY MRS. GALEF. THERE
COULD BE SOME FURTHER ANNOUNCEMENTS AS IT RELATES TO ADDITIONAL
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NYS ASSEMBLY MARCH 10, 2021
LEGISLATION, EITHER CONSENT AND/OR DEBATE, BUT FOR SURE THERE WILL BE A
NEED FOR A MAJORITY CONFERENCE IMMEDIATELY FOLLOWING THE CONCLUSION
OF OUR FLOOR WORK TODAY. AND OF COURSE WE WILL SPEAK WITH MR.
GOODELL ABOUT WHAT HIS NEEDS MAY BE.
THAT'S A GENERAL OUTLINE OF WHERE WE'RE AT TODAY, MR.
SPEAKER. IF THERE'S ANY HOUSEKEEPING THAT YOU WOULD NEED TO DO THIS
WOULD BE A GREAT TIME. THANK YOU, SIR.
ACTING SPEAKER AUBRY: NO, MADAM MAJORITY
LEADER. WE WILL GO RIGHT TO RESOLUTIONS ON PAGE 3, ASSEMBLY NO. 91.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 91, MS.
JACKSON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MARCH 2021 AS SOCIAL WORK MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. JACKSON ON THE
RESOLUTION.
MS. JACKSON: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS RESOLUTION. THIS IS MY FIRST TIME SPEAKING
ON THE FLOOR, THIS IS MY FIRST RESOLUTION, AND I AM BEYOND GRATEFUL TO GET
TO BRING THIS RESOLUTION TO US DURING WOMEN'S MONTH IN THE STATE OF
NEW YORK. AS A LICENSED SOCIAL WORKER, I HAVE DEDICATED MY LIFE TO
THE MENTAL, PHYSICAL AND SPIRITUAL WELLNESS OF ALL PEOPLE. AND WE
UNDERSTAND THAT SOCIAL WORKERS ARE HEALERS OF THIS WORLD. WE HAVE
ALWAYS BEEN SUPPORTIVE OF PEOPLE'S LIVES, BUT DURING THE PANDEMIC THE
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NYS ASSEMBLY MARCH 10, 2021
WORLD WAS ABLE TO ACKNOWLEDGE THAT WE WERE NOT OKAY AND THERE WAS
AN ABSOLUTE NEED FOR MENTAL HEALTH AWARENESS AND MENTAL HEALTH
WORKERS TO BE A PART OF OUR LIVES. WE CALL SOCIAL WORKERS WHEN
CHILDREN ARE BEING ABUSED OR NEGLECTED. WHEN OUR MARRIAGES ARE
FAILING. WHEN WE NEED HOUSING AND SOCIAL SERVICES. WHEN ELDERS NEED
HEALTH ADVOCACY AND EVERYTHING IN BETWEEN. ON THIS DAY, ROCHESTER
POLICE HAVE SHOT AND KILLED A MAN WHO WAS CLEARLY DEALING WITH MENTAL
ILLNESS. WE KNOW IT'S TIME FOR MENTAL HEALTH PROFESSIONALS TO
COLLABORATE WITH OUR OFFICERS TO ASSIST IN 911 CALLS DURING -- WHEN
SOMEONE IS IN CRISIS. SOCIAL WORK IS A PROFESSION THAT IS NEEDED, AND
WHILE ALL THIS IS TRUE, WE STILL UNDERSTAND THAT SOCIAL WORKERS ARE
UNDERPAID AND UNDERVALUED. I STAND ON THE SHOULDERS OF GREAT LEADERS
BEFORE ME LIKE JANE ADDAMS, WHO WAS THE FIRST AMERICAN WOMAN TO
RECEIVE THE NOBEL PEACE PRIZE AND ALSO BROUGHT SOME HOUSES HERE TO
AMERICA. WHILE WE KNOW THE NAME OF JANE ADDAMS, I GET TO GIVE
FLOWERS TO ONES YOU MAY NOT KNOW. BUT THESE ARE SOCIAL WORKERS WHO
HAVE MADE LIVES OF PEOPLE MORE LIVABLE. SOCIAL WORKERS LIKE MY GOOD
FRIEND DANIELA SACKS AND ATIYA MORAN, AND BRITTNEY STOKES AND STELLA
PETERSON AND LA'KENYA OVERTON AND REBECCA FOX AND LIVIA POLISE.
AND MY FORMER SOCIAL WORK INTERNS SHERLYN GOMEZ AND JASON WEIDER.
TO EVERY PERSON WHO HAS TAKEN ON THE PROFESSION, RISK THEIR LIVES,
SACRIFICE THEIR PERSONAL TIME AND GAVE IT THEIR ALL UNTIL THEY WERE BURNED
OUT, I SAY WE DON'T PAY YOU ENOUGH AND WE DON'T THANK YOU ENOUGH.
SO TO ALL THE SOCIAL WORKERS IN SCHOOLS, HOSPITALS,
SHELTERS, COMMUNITY ORGANIZATIONS, HUMAN RESOURCES AND GOVERNMENT,
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NYS ASSEMBLY MARCH 10, 2021
TODAY I CELEBRATE YOU, TODAY I HONOR YOU. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH.
MS. FRONTUS.
MS. FRONTUS: THANK YOU SO MUCH, MR. SPEAKER.
I RISE TODAY VERY PROUD TO BE A COSPONSOR OF THIS RESOLUTION RECOGNIZING
MARCH AS SOCIAL WORK MONTH. AND I'M ALSO VERY PROUD TO BE ONE OF
THREE SOCIAL WORKERS SERVING IN THIS DISTINGUISHED BODY, THE NEW YORK
STATE ASSEMBLY. MR. SPEAKER, THERE ARE SOME 700,000 SOCIAL WORKERS
IN THE UNITED STATES TODAY. SOME ARE WORKING IN K THROUGH 12
SCHOOLS, COLLEGES, UNIVERSITIES. OTHERS ARE WORKING IN HOSPITALS,
NON-PROFIT ORGANIZATIONS, MENTAL HEALTH CLINICS AND IN GOVERNMENT.
SOCIAL WORKERS WORK TO PROTECT CHILDREN FROM ABUSE. THEY PROVIDE
FAMILY COUNSELING. THEY CARE FOR THE HOMELESS. THEY RUN YOUTH
PROGRAMS LOCALLY AND NATIONALLY. THEY ARE MENTAL HEALTH CLINICIANS,
COMMUNITY ORGANIZERS, NON-PROFIT EXECUTIVE DIRECTORS AND
POLICYMAKERS IN GOVERNMENT. NO MATTER WHERE SOCIAL WORKERS ARE
EMPLOYED, WE CAN BE FOUND HELPING INDIVIDUALS, FAMILIES, COMMUNITIES
AND SOCIETY REACH THEIR FULL POTENTIAL. WE ARE FIGHTING FOR JUSTICE AND
EQUALITY. WE ARE ON THE FRONT LINES FIGHTING AGAINST ABUSE,
DISCRIMINATION, RACISM, SEXISM, ABLEISM, AND LEADING THE WAY FOR A
FAIRER AND MORE JUST SOCIETY.
MR. SPEAKER, SOCIAL WORK HAS SERVED AS THE BEDROCK
AND FOUNDATION OF MY OWN PROFESSIONAL CAREER. AT THE AGE OF 16 I
BEGAN COLLEGE AT THE NYU SCHOOL OF SOCIAL WORK, WHERE I LATER EARNED
MY BACHELOR'S AND MASTER'S DEGREE IN THAT DISCIPLINE. YEARS LATER I
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NYS ASSEMBLY MARCH 10, 2021
WOULD EARN MY PH.D. FROM THE COLUMBIA SCHOOL OF SOCIAL WORK, WHERE
I MAJORED IN SOCIAL POLICY AND ADMINISTRATION. OVER THE YEARS I'VE BEEN
FORTUNATE TO HAVE WORKED IN SCHOOLS, THE MEDICAL FIELD,
COMMUNITY-BASED ORGANIZATIONS, MENTAL HEALTH CLINICS. I'VE WORKED AS
A PSYCHOTHERAPIST, A COMMUNITY ORGANIZER, AND ESTABLISHED MULTIPLE
ORGANIZATIONS AND COALITIONS TO BRING PEOPLE TOGETHER AROUND THE
COMMON CAUSE. AFTER 20 YEARS OF GRADUATING COLLEGE, IT'S BEEN MY
GREATEST HONOR NOW TO HAVE THE PRIVILEGE OF TEACHING THE NEW
GENERATION OF MSW STUDENTS AT MY TWO ALMA MATERS, AT NYU AND
COLUMBIA SCHOOL OF SOCIAL WORK, WHERE I TEACH A NUMBER OF COURSES;
ADVOCACY AND SOCIAL JUSTICE, POLITICAL SOCIAL WORK FOR ADVOCACY AND
SOCIAL CHANGE, MENTAL HEALTH AND STIGMA. IT IS TRULY AN HONOR TO TEACH
THE NEXT GENERATION OF PROFESSIONAL SOCIAL WORKERS.
THIS MORNING I WANT TO SAY IT LOUD AND CLEAR THAT I
SALUTE AND HONOR THE 700,000 SOCIAL WORKERS WORKING AROUND OUR
COUNTRY, WHETHER THEY'RE WORKING WITH VETERANS, WHETHER THEY'RE
ORGANIZING, WHETHER THEY'RE WORKING IN THE MENTAL HEALTH FIELD,
WORKING IN HOSPICE, IN OUR PRISONS, FIGHTING FOR CHILD WELFARE, FOSTER
CARE, DISABILITY. THE LIST GOES ON. ONE THING IS FOR SURE, SOCIAL WORKERS
ARE ESSENTIAL AND WE ARE HERE TO STAY. TO ALL OF MY SOCIAL WORK
COLLEAGUES, THANK YOU FOR WHAT YOU ARE DOING TO CONNECT PEOPLE TO
RESOURCES, TO PROTECT THE MOST VULNERABLE AND TO IMPROVE THE CONDITIONS
OF PEOPLE'S LIVES. YOU DESERVE TO BE RECOGNIZED FOR ALL THAT YOU DO.
AND WITH THAT I YIELD BACK MY TIME. THANK YOU, MR.
SPEAKER.
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NYS ASSEMBLY MARCH 10, 2021
ACTING SPEAKER AUBRY: THANK YOU.
MS. WILLIAMS.
MS. WILLIAMS: THANK YOU, MR. SPEAKER. AS A
PROUD SOCIAL WORKER I WOULD LIKE TO JOIN WITH MY COLLEAGUES TO
PROCLAIM MARCH AS SOCIAL WORK MONTH. SOCIAL WORKERS ARE THE LARGEST
GROUP OF MENTAL HEALTHCARE PROVIDERS IN THE UNITED STATES. SOCIAL
WORKERS IS ONE OF THE MAIN THREADS IN OUR SOCIETY OF MENTAL HEALTH AND
TRAUMA. SAINT FRANCIS OF ASSISI SAID, WHERE THERE IS DESPAIR, LET THERE
BE HOPE. AND TODAY AS WE RECOGNIZE MARCH AS SOCIAL WORK MONTH, LET
US RECOGNIZE THE SIMPLE ACTS OF HUMANITY THAT MAKES A DIFFERENCE IN THE
MANY LIVES THAT EACH SOCIAL WORKER ENCOUNTER. IT GIVES US THE ABILITY TO
HELP OTHERS AND THE UNDERSTANDING WHEN OTHERS ARE IN NEED.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WILLIAMS.
MR. ANDERSON.
MR. ANDERSON: THANK YOU, MR. SPEAKER. I WANT
TO TAKE THIS MOMENT AS WE RECOGNIZE SOCIAL WORKERS ACROSS OUR STATE
AND -- AND ACROSS OUR CITIES IN THE STATE OF NEW YORK. FIRST, I WANT TO
CONGRATULATE THE SPONSOR FOR THIS RESOLUTION. IN THE TIME THAT I'VE
KNOWN THE SPONSOR, SHE HAS TRULY EXAMPLED THE QUALITIES OF A SOCIAL
WORKER, AND THAT'S SOMEONE WHO'S EMPATHETIC, SOMEONE WHO IS A GOOD
LISTENER, AND SOMEONE WHO IS SOLUTIONS-ORIENTED. AND THAT'S CRITICALLY,
CRITICALLY IMPORTANT THAT WE HIGHLIGHT NOT JUST THE AMAZING SOCIAL
WORKERS THAT WE HAVE HERE IN THIS BODY WITH MS. FRONTUS AND WITH MS.
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NYS ASSEMBLY MARCH 10, 2021
JACKSON AND WITH MS. WILLIAMS, BUT ALL SOCIAL WORKERS ACROSS THE STATE
WHO ARE DOING THE CRITICAL WORK OF TAKING CARE OF FOLKS WHO NEED
SUPPORT IN THE MOMENTS MOST. AS A YOUNG PERSON - AS I'VE SAID ON THIS
FLOOR BEFORE - WHO WENT THROUGH THE SPECIAL EDUCATION SYSTEM, SOCIAL
WORKERS AND GUIDANCE COUNSELORS REALLY HELPED ME BE ABLE TO COPE
WITH ANXIETY, COPE WITH BEHAVIOR PROBLEMS THAT I STRUGGLED WITH
THROUGH MY MIDDLE AND HIGH SCHOOL YEARS. AND JUST RECOGNIZING THE
CRITICAL IMPORTANCE OF SOCIAL WORKERS IN THIS MOMENT IS -- IS GERMANE TO
ANYTHING THAT WE CAN DO IN THIS BODY. AND SO I WANT TO ACKNOWLEDGE
MISS VICKI BRUCE, MISS PIERCE ANYON, MISS ELIZABETH KAUFMAN, ALL
WHO WERE MY SOCIAL WORKERS FROM -- OR GUIDANCE COUNSELOR IN THE
SPACE OF SOCIAL WORK FROM MIDDLE SCHOOL TO HIGH SCHOOL TO EVEN
COLLEGE. THEY'RE CRITICALLY, CRITICALLY IMPORTANT. AND WE ALSO HAVE TO
RECOGNIZE THE FACT THAT SOCIAL WORKERS ARE UNDERPAID AND FORGOTTEN
ABOUT. YOU KNOW, THERE'S A QUOTE THAT SAYS THAT SOCIAL WORKERS ARE IN IT
FOR THE -- NOT IN IT FOR THE INCOME, BUT THEY'RE IN IT FOR THE OUTCOME AND
THE OUTCOME OF THE PATIENTS AND THE INDIVIDUALS THAT THEY SEE THROUGH
THEIR OFFICES AND WHATEVER SPACE THAT THEY FIND TO BE AN OFFICE. WE
COMMEND THEM FOR THAT. WE ALSO -- REALLY QUICKLY AS I CLOSE, MR.
SPEAKER WANT TO ACKNOWLEDGE THAT AT THE CITY UNIVERSITY OF NEW YORK,
FOR EVERY ONE STUDENT, EVERY -- EVERY 2,700 STUDENTS, THERE'S ONLY ONE
GUIDANCE COUNSELOR, AND WE HAVE TO WORK ACTIVELY TO CHANGE THAT SO
YOUNG PEOPLE AND PEOPLE ACROSS THE CUNY SYSTEM CAN HAVE ACCESS TO
SOCIAL WORK AND EMOTIONAL SUPPORTS.
THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY MARCH 10, 2021
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. CLARK.
MS. CLARK: THANK YOU, MR. SPEAKER. I RISE TODAY
AS WELL, IN SUPPORT OF THIS RESOLUTION. AND IT'S SO AMAZING TO SEE MY
COLLEAGUE ON THE FLOOR. SHE LOOKS GREAT THERE AND WILL DO FANTASTIC
STUFF. AS WE CELEBRATE MARCH AS SOCIAL WORK MONTH, WHICH IS, IN MY
MIND, NOT QUITE ENOUGH, I THINK WE SHOULD CELEBRATE SOCIAL WORKERS
EVERY DAY. I THINK EVERY DAY IN THE WHOLE YEAR SHOULD BE DEDICATED TO
THEM. I WOULD BE REMISS NOT TO TALK ABOUT HOW IMPORTANT THEY ARE BOTH
IN MY LIFE, MY COMMUNITY AND TO SOCIETY AS GENERAL -- IN GENERAL. WE
HAVE SOME OF THE BIGGEST CHALLENGES FACING US, WHETHER IT COMES TO OUR
STRUCTURAL RACISM, EDUCATION, SOCIAL JUSTICE, POLICE REFORM, WHAT WE ARE
LOOKING AT REQUIRES SO -- A SPECIAL SKILL THAT REALLY BREAKS DOWN BARRIERS
AND BUILDS BRIDGES AND BRINGS PEOPLE TOGETHER. THERE IS NO ONE -- NO
ONE JOB THAT -- OR -- OR SKILL THAT IS BETTER AT IT THAT THOSE WHO ARE TRAINED
AS SOCIAL WORKERS. THEY NEED A SEAT AT EVERY TABLE AS WE TACKLE SOME
OF THESE BIGGEST CHALLENGES. I KNOW THAT IF WE DO THAT WE CAN MAKE A
REAL DIFFERENCE IN THE LIVES OF PEOPLE AND ACTUALLY MOVE US FORWARD AS A
COUNTRY.
SO I AM SO EXCITED TO RAISE MY VOICE IN SUPPORT OF THIS
RESOLUTION, AND THANK THE SPONSOR SO MUCH FOR HIGHLIGHTING WHY IT IS SO
IMPORTANT TO HAVE SOCIAL WORKERS AT EVERY TABLE AS WE TACKLE SOME OF
THE BIGGEST ISSUES FACING US AHEAD. SO, THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. RAJKUMAR.
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NYS ASSEMBLY MARCH 10, 2021
MS. RAJKUMAR: THANK YOU, MR. SPEAKER. AND TO
THE SPONSOR OF THIS IMPORTANT RESOLUTION, CONGRATULATIONS. I'M PROUD TO
RISE TODAY IN SUPPORT OF THIS RESOLUTION TO PROCLAIM MARCH 2021 AS
SOCIAL WORK MONTH IN NEW YORK STATE AND TO ACKNOWLEDGE THE WORK
OF OVER 60,000 SOCIAL WORKERS PRACTICING IN OUR GREAT STATE. IT HAS BEEN
ONE YEAR THIS MONTH SINCE THE COVID-19 PANDEMIC HIT NEW YORK.
DURING THIS CRISIS, SOCIAL WORKERS HAVE PLAYED A UNIQUE, IMPORTANT AND
INVALUABLE ROLE. THEY HAVE ADDRESSED THE ANXIETY AMONG THE PEOPLE
THAT IS A PART OF GOING THROUGH A ONCE-IN-A-LIFETIME PUBLIC HEALTH CRISIS
LIKE THIS ONE. THEY HAVE PROVIDED TELETHERAPY AND DISSEMINATED
LIFE-SAVING INFORMATION ABOUT THIS VIRUS. SOCIAL WORKERS HAVE BEEN MY
PARTNERS IN UPLIFTING THE COMMUNITY. THEY ARE ESPECIALLY IMPORTANT IN
MY BEAUTIFUL SOUTH QUEENS DISTRICT WHERE THEY PLAY A MAJOR ROLE IN
UNLOCKING THE LIMITLESS POTENTIAL OF A DISTRICT WITH INCREDIBLE NEEDS.
THEY'VE WORKED WITH OUR OFFICE TO ATTACK THE SCOURGE OF MENTAL HEALTH
ISSUES AND DRUG ADDICTION. THEY PROVIDE SUPPORT SERVICES FOR CHILDREN
AT CRITICAL TIMES IN THEIR LIVES. AND THROUGH THEIR CARE, THEY ENSURE
EQUALITY. THAT PEOPLE HAVE EQUAL ACCESS TO RESOURCES TO MEET THEIR
BASIC NEEDS. THESE PROFESSIONALS ARE TRUE HEROES, WORKING TO HELP THE
UNDERSERVED. THEY HAVE STEPPED UP TO THE PLATE DURING THIS COVID-19
CRISIS.
IN HONOR OF ALL THE WAYS SOCIAL WORKERS HAVE HELPED
US THIS YEAR, I AM HONORED TO SUPPORT THIS RESOLUTION TO PROCLAIM MARCH
2021 AS SOCIAL WORK MONTH IN OUR STATE. THANK YOU SO MUCH.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH.
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NYS ASSEMBLY MARCH 10, 2021
MR. BURDICK.
MR. BURDICK: THANK YOU, MR. SPEAKER. AND I'M
ALSO HONORED TO JOIN IN PROCLAIMING MARCH SOCIAL WORKERS [SIC]
MONTH, AND I ALSO WISH TO CONGRATULATE THE SPONSOR OF THIS RESOLUTION. I
HAVE A PERSONAL CONNECTION TO SOCIAL WORKERS, AND THAT'S MY WIFE,
ILLYRIA PUHARICH. SHE WAS A SOCIAL WORKER FOR SOME 30 YEARS, WORKING
FOR THE MENTAL HEALTH ASSOCIATION OF WESTCHESTER AND ALSO FOR THE
ARCHDIOCESE DRUG ABUSE PREVENTION PROGRAM IN THE BRONX. AND LIKE
SO MANY OTHER SOCIAL WORKERS, SHE HELPED SAVED LIVES. LITERALLY SAVING
LIVES, WHETHER IT BE SUICIDE PREVENTION, WHETHER IT BE TRYING TO HELP
PEOPLE WITH DRUG ISSUES. SHE WAS THERE FOLLOWING 9/11 HELPING AS A
GRIEF COUNSELOR FOR THOSE WHO LOST A PARENT, A FIREFIGHTER OR ANOTHER
EMERGENCY RESPONDER. SO WE DO NEED TO RECOGNIZE THAT SOCIAL WORKERS
TRULY ARE FRONTLINE WORKERS, AND AS WAS JUST STATED, HOW THEY WERE THERE
AT THE OUTBREAK OF THE PANDEMIC. THEY WERE THERE TO HELP PEOPLE.
THEY WERE SOME OF THE FIRST TO RESPOND.
AND SO I WISH TO THANK AGAIN THE SPONSOR FOR THIS
RESOLUTION. AND AS WAS ALSO NOTED, WE SHOULD BE THANKING SOCIAL
WORKERS EVERY DAY. SO THANK YOU SO MUCH, AND THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. LAVINE.
MR. LAVINE: THANK YOU, MR. SPEAKER. I WANT TO
JUST MENTION ANOTHER GREAT NEW YORK SOCIAL WORKER, AND THAT WAS
FRANCES PERKINS WHO WENT TO WORK FOR GOVERNOR AL SMITH AND THEN
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NYS ASSEMBLY MARCH 10, 2021
CONTINUED WORKING FOR PRESIDENT FRANKLIN DELANO ROOSEVELT. AND SHE
WOULD PROVE TO BE ONE OF ROOSEVELT'S MOST TRUSTED AND VALUED
ADVISORS, AND SHE WAS -- AND THIS IS WORTH REFLECTING UPON AND
REMEMBERING TODAY -- THE MOVING FORCE BETWEEN -- BEHIND THE NEW
DEAL, INCLUDING SOCIAL SECURITY AND THE MINIMUM WAGE. THE FIRST
WOMAN TO SERVE IN A PRESIDENTIAL CABINET WHERE SHE PROUDLY SERVED AS
SECRETARY OF LABOR FOR 12 YEARS. BUT I HAVE TO CONFESS. I HAVE A BIAS
IN FAVOR OF SOCIAL WORKERS BECAUSE MY DAUGHTER IS A SOCIAL WORKER. IT
IS ONE OF THE MOST NOBLE OF ALL PROFESSIONS, AND IT IS ENTIRELY FITTING THAT
WE RECOGNIZE THEIR CONTRIBUTIONS HERE TODAY.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. BYRNES.
(PAUSE)
MR. TAGUE.
MR. TAGUE, YOU NEED TO UNMUTE YOURSELF. OR UNMUTE
HIM.
MR. TAGUE?
LET'S TRY MS. GALLAGHER. WE CAN COME BACK TO MR.
TAGUE.
MR. TAGUE: I THINK THEY GOT ME NOW. CAN YOU
HEAR ME, MR. SPEAKER?
ACTING SPEAKER AUBRY: WE GOT IT? OKAY,
MR. TAGUE. PROCEED.
MR. TAGUE: I JUST WANT TO THANK THE SPONSOR. LIKE
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NYS ASSEMBLY MARCH 10, 2021
MR. LAVINE, MY DAUGHTER IS ALSO A SOCIAL WORKER AND JUST CAME IN AS A
SOCIAL WORKER DURING THE COVID CRISIS. I KNOW HOW HARD SHE'S
WORKED TO GET TO WHERE SHE IS AND THE HARD WORK THAT SHE DOES. SO I
WANT TO THANK ALL MY COLLEAGUES WHO ARE SOCIAL WORKERS, THANK THE
SPONSOR. I WAS PROUD TO CO-SPONSOR THIS. AND THANK YOU TO ALL THE
FOLKS IN NEW YORK STATE AND AMERICA THAT DO THIS VERY IMPORTANT
WORK.
I WHOLEHEARTEDLY SUPPORT THIS RESOLUTION AND THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GALLAGHER.
MS. GALLAGHER: I'D ALSO LIKE TO THANK THE
SPONSOR AND ADD MY VOICE TO THOSE SINGING THE PRAISES OF SOCIAL
WORKERS. THE SETTLEMENT HOUSE MOVEMENT HERE IN NEW YORK CITY
THAT SPREAD ACROSS THE COUNTRY WAS STARTED BY A SOCIAL WORKER THAT
MOVED FROM ROCHESTER, NEW YORK TO NEW YORK AND SAW THE WAY THAT
THE SYSTEM WAS TREATING IMMIGRANTS AND DECIDED TO STEP IN HERSELF.
AND HER NAME WAS LILLIAN WALD. AND I THINK THAT THE REALLY
EXCEPTIONAL THING ABOUT SOCIAL WORKERS IS THAT WHEN THEY SEE
SOMETHING THAT IS HARMING OTHERS THEY PUT THEMSELVES INTO THAT
SITUATION TO HELP AND TO FIX THE SYSTEM. AND I ALSO WANT TO ADD ON A
PERSONAL NOTE THAT A SOCIAL WORKER IN MY LIFE WHO IS VERY SPECIAL IS MY
THERAPIST. I THINK THAT WE DO NOT GIVE ENOUGH CREDIT TO MENTAL HEALTH
AND THE SUPPORT THAT WE ALL NEED. AND MY SOCIAL WORKER HAS BEEN THERE
FOR ME FOR OVER THE LAST EIGHT YEARS, AND I WOULD NOT HAVE GOTTEN
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THROUGH SOME VERY DIFFICULT TIMES IN MY LIFE WITHOUT HIM.
SO I WOULD LIKE TO THANK MY SOCIAL WORKER AND I
WOULD LIKE TO THANK SOCIAL WORKERS THROUGHOUT THE STATE AND IN THIS
BODY FOR THE INCREDIBLE LIFESAVING WORK THAT THEY DO. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SIMPSON.
MR. SIMPSON: THANK YOU, MR. SPEAKER. ALONG
WITH ALL OF THE HEROES THAT WE'RE RECOGNIZING TODAY, I'D LIKE TO
RECOGNIZE MY MOTHER, WHO IS MY HERO. SHE WAS A SOCIAL -- SOCIAL
WORKER FOR NEW YORK STATE, RETIRED MANY YEARS AGO. BUT GROWING UP,
I KNEW HOW HARD SHE WORKED AND KNEW SOME OF THE ISSUES THAT SHE
WAS DEALING WITH WITH HER CLIENTS, JUST, YOU KNOW, OVERALL. AS I SAID,
THESE PEOPLE ARE HEROES. AND I'D LIKE TO THANK THE SPONSOR OF THIS --
THIS RESOLUTION TODAY, AND THANK YOU TO ALL THE PEOPLE THAT WORK IN THIS
FIELD, AND WE REALLY APPRECIATE IT.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. FERNANDEZ.
MS. FERNANDEZ: THANK YOU, MR. SPEAKER. I, TOO,
WANT TO COMMEND THE SPONSOR FOR THIS VERY IMPORTANT RESOLUTION
BECAUSE A LOT OF US CAN SAY THAT SOCIAL WORKERS DON'T GET ENOUGH
RECOGNITION AND RESPECT THEY DESERVE. THEY ARE OUR LOCAL HEROES. THEY
HEAR, THEY SPEAK FOR US. THEY EMPOWER OUR MOST VULNERABLE. AND WE
HAVE TO MAKE SURE THEY ARE EMPOWERED TO CONTINUE TO DO THE NEEDED
WORK IN OUR COMMUNITIES.
SO I AM A PROUD SPONSOR AND IN SUPPORT OF THIS
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NYS ASSEMBLY MARCH 10, 2021
RESOLUTION, AND AGAIN I THANK THE COSPONSORS FOR INTRODUCING.
ACTING SPEAKER AUBRY: THANK YOU.
MS. MCMAHON.
MS. MCMAHON: THANK YOU, MR. SPEAKER. I WOULD
ALSO JUST LIKE TO RISE IN SUPPORT OF THIS FINE RESOLUTION. I COMMEND THE
SPONSOR. AND I'D LIKE TO HONOR MY FAVORITE SOCIAL WORKER, MY DAUGHTER
SARAH MARCUS, WHO GRADUATED FROM SOCIAL WORK SCHOOL LAST YEAR DURING
THE PANDEMIC AND HAS BEEN WORKING SO HARD EVER SINCE, DOING GREAT
WORK.
SO, CONGRATULATIONS TO THE SPONSOR AND THANK YOU TO
ALL THE SOCIAL WORKERS IN NEW YORK STATE.
ACTING SPEAKER AUBRY: THANK YOU. AND I'LL
TAKE THE CHAIR -- THE PRIVILEGES OF THE CHAIR BECAUSE I WOULD LIKE TO
HONOR, ALONG WITH ALL THE OTHER SOCIAL WORKERS AND THE SPONSOR, MY
MOTHER, LEONISE RUTH AUBRY, WHO WAS A SOCIAL WORKER. GOT HER MSW
FROM CATHOLIC UNIVERSITY IN THE LATE '30S AND WENT ON TO TEACH IN THE
NEW YORK CITY PUBLIC SCHOOL SYSTEM. AND BETTER THAN THAT, RAISED AN
IRASCIBLE YOUNG MAN NAMED JEFF AUBRY. THANK YOU SO VERY MUCH.
(APPLAUSE)
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 93, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MARCH 2021 AS ATHLETIC TRAINING
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NYS ASSEMBLY MARCH 10, 2021
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
PAGE 15, CALENDAR NO. 137, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00113, CALENDAR NO.
137, PERRY, MITAYNES, SEAWRIGHT, BARRON. AN ACT TO AMEND THE DEBTOR
AND CREDITOR LAW, IN RELATION TO EXEMPTING A DEBTOR'S INTEREST IN HIS OR
HER RENT-STABILIZED LEASE FROM BANKRUPTCY PROCEEDINGS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
PERRY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00586, CALENDAR NO.
138, PAULIN, CRUZ, JEAN-PIERRE, REYES, SAYEGH, GOTTFRIED, GALEF,
DESTEFANO, MONTESANO, WALLACE, STECK, TAYLOR, FAHY, JACOBSON. AN
ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE OPERATION
OF ALL-TERRAIN VEHICLES BY MINORS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01863, CALENDAR NO.
139, MAGNARELLI. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO APPLICATIONS FOR LICENSES; AND TO REPEAL CERTAIN PROVISIONS OF
SUCH LAW RELATING THERETO.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
16
NYS ASSEMBLY MARCH 10, 2021
RECORD THE VOTE ON ASSEMBLY PRINT 1863. 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. IT IS ALSO THE FIRST VOTE OF THE DAY.
(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. A02205, CALENDAR NO.
140, DINOWITZ. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, IN RELATION TO REQUIRING THE INCLUSION OF SUICIDE
PREVENTION RESOURCES TO BE PROVIDED WITH A WARRANT OF EVICTION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02503, CALENDAR NO.
141, WEINSTEIN, DINOWITZ, SEAWRIGHT, STECK, ENGLEBRIGHT, GOTTFRIED,
ZEBROWSKI, TAYLOR. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND
RULES, IN RELATION TO VACATING ARBITRATION AWARDS ON THE BASIS OF
ARBITRATOR DISREGARD OF THE LAW.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 2503. 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
17
NYS ASSEMBLY MARCH 10, 2021
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. A03020-A, CALENDAR
NO. 142, HYNDMAN, RODRIGUEZ, ZINERMAN. AN ACT TO AMEND THE LABOR
LAW, IN RELATION TO REMOVING CERTAIN PROVISIONS RELATING TO COVERED
AIRPORT WORKERS; AND IN RELATION TO MINIMUM WAGE RATES FOR COVERED
AIRPORT WORKERS; TO REPEAL CERTAIN PROVISIONS OF THE LABOR LAW RELATING
THERETO; AND TO REPEAL SECTION 14 OF A CHAPTER OF THE LAWS OF 2020
AMENDING THE LABOR LAW RELATING TO ENACTING THE "HEALTHY TERMINALS
ACT", AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.6266-D AND A.8142-E
RELATING THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
HYNDMAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,
2021.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT -- SENATE PRINT S.4001. 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.
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NYS ASSEMBLY MARCH 10, 2021
(THE CLERK RECORDED THE VOTE.)
MS. HYNDMAN TO EXPLAIN HER VOTE.
MS. HYNDMAN: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I WOULD LIKE TO THANK THE EMPLOYEES
OF 32BJ AND UNITE HERE 100 AND OUR HEROIC AIRPORT WORKERS FOR
FIGHTING FOR BETTER HEALTHCARE. FOR THE OVER 12,000 ESSENTIAL WORKERS AT
JFK AND LAGUARDIA, THE HEALTHY TERMINALS ACT MEANS NOT HAVING TO
MAKE THE TOUGH DECISIONS OF PAYING FOR GROCERIES OR PAYING FOR NEEDED
MEDICATION. FOR OUR STATE, THIS -- THIS PIECE OF LEGISLATION MEANS
MILLIONS IN MEDICARE SAVINGS. IT ALSO MEANS TRAVELERS USING OUR
INTERNATIONAL AIRPORTS CAN DO SO KNOWING THAT THEY'RE MOVED AROUND BY
EXCELLENT PROTECTED WORKERS OF 32BJ AND UNITE HERE. I WOULD LIKE
TO THANK MY COLLEAGUES FOR HELPING US TO GET THIS BILL MOVED, AND THE
ASSEMBLY STAFF FOR MAKING SURE THAT WE PUT EVERYTHING THAT WE HAD
INTO THIS BILL TO MAKE SURE WE COULD COVER THOSE WORKERS WHO MOVE THE
CITY OF NEW YORK THROUGH THESE INTERNATIONAL GATEWAYS. I WOULD ALSO
LIKE TO MAKE SURE THAT WE -- THAT EMPLOYERS DO NOT HOLD -- WITHHOLD
HOURS OF WORK IN COVERED AIRPORTS IN AN ATTEMPT TO SKIRT THE LAW.
THANK YOU FOR ALLOWING ME TO EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03135, CALENDAR NO.
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NYS ASSEMBLY MARCH 10, 2021
143, FAHY, EPSTEIN, PAULIN, SIMON, GRIFFIN, WALLACE. AN ACT TO AMEND
THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE IDENTIFICATION OF
TRANSPORTATION NETWORK COMPANY DRIVERS AND VEHICLES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 3135. 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. A03496, CALENDAR NO.
144, HEVESI, LUPARDO, SANTABARBARA, OTIS. AN ACT TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO DEFINING A KINSHIP CAREGIVER.
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 3496. 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.
20
NYS ASSEMBLY MARCH 10, 2021
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: YES, THANK YOU, MR. SPEAKER. I JUST
WANT TO COMMEND THE SPONSOR FOR BRINGING THIS BILL FORWARD. WHAT THIS
BILL DOES IS IT BASICALLY EXPANDS THE DEFINITION OF WHO CAN BE A KINSHIP
GIVER TO PROVIDE FOSTER CARE FOR A CHILD. AND IT -- AT FIRST GLANCE YOU'D
THINK "KINSHIP", THERE MUST BE A BLOOD RELATION, BUT THAT'S NOT REALLY THE
CASE. IT'S REALLY -- IT COULD BE AN ADULT WITH A POSITIVE PRIOR RELATIONSHIP
WITH THE CHILD, A HALF SIBLING OF THE CHILD, A STEPPARENT, A GODPARENT, A
NEIGHBOR, A FAMILY FRIEND. I JUST WANTED TO SAY THAT I THINK IT'S REALLY
IMPORTANT THAT WE PROVIDE A LOT OF THESE OPTIONS BECAUSE IT'S BETTER FOR
KIDS. THEY COULD BE PLACED WITH SOMEBODY THAT ALREADY KNOWS THEM.
AND IT'S BETTER FOR THE PARENTS THAT HAVE TO HAVE THEIR KIDS PLACED IN
CARE, AT LEAST TEMPORARILY WHILE THEY ADDRESS SOME ISSUES THAT THEY HAVE
WITH THEIR OWN LIVES, BECAUSE THEN WHEN THEY COME BACK, TO BE ABLE TO
TAKE THAT CHILD FROM CARE BACK TO THEIR OWN HOME, IF THEY ALREADY KNOW
THE PERSON THAT HAS BEEN PROVIDING CARE TO THE CHILD IT TENDS TO MAKE
THAT TRANSITION A LOT EASIER.
SO, I THINK THIS IS A GREAT BILL AND I'M HAPPY TO SUPPORT
IT. THANK YOU.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY MARCH 10, 2021
THE CLERK: ASSEMBLY NO. A04319, CALENDAR NO.
145, DINOWITZ, VANEL. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW,
IN RELATION TO THE RIGHT OF A DEFENDANT WHO HAS ENTERED A PLEA OF NOT
GUILTY TO AN INFORMATION WHICH CHARGES A MISDEMEANOR TO A JURY TRIAL.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE. THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE
RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR
MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04424, CALENDAR NO.
146, HUNTER, STECK, QUART, WALLACE, BUTTENSCHON. AN ACT TO AMEND THE
REAL PROPERTY LAW, IN RELATION TO PROHIBITING MORTGAGEES FROM
REQUIRING MORTGAGORS OF CERTAIN REAL PROPERTY TO PURCHASE FLOOD
INSURANCE EXCEEDING CERTAIN LIMITS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04448-A, CALENDAR
147, O'DONNELL, WALKER, WEPRIN, CARROLL, JEAN-PIERRE, QUART,
GOTTFRIED, BARRON, L. ROSENTHAL, SIMON, DINOWITZ, DE LA ROSA,
ABINANTI, SEAWRIGHT, ROZIC, PERRY, NIOU, EPSTEIN, CRUZ, FERNANDEZ,
BICHOTTE HERMELYN, ANDERSON, KELLES, GALLAGHER, JACOBSON, BURGOS,
22
NYS ASSEMBLY MARCH 10, 2021
FORREST, OTIS, MAMDANI, JACKSON, DICKENS, MEEKS, CLARK, MITAYNES.
AN ACT TO AMEND THE ELECTION LAW, THE CRIMINAL PROCEDURE LAW, THE
EXECUTIVE LAW AND THE CORRECTION LAW, IN RELATION TO VOTING BY
FORMERLY INCARCERATED INDIVIDUALS CONVICTED OF A FELONY; AND TO REPEAL
CERTAIN PROVISIONS OF THE ELECTION LAW RELATING THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
O'DONNELL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05470, CALENDAR NO.
148, ENGLEBRIGHT, GLICK, GALEF, PEOPLES-STOKES, L. ROSENTHAL,
ABINANTI, SEAWRIGHT, REYES, LUPARDO, VANEL. AN ACT TO AMEND THE
PUBLIC OFFICERS LAW, IN RELATION TO REQUIRING A PARTICULARIZED AND
SPECIFIC JUSTIFICATION FOR DENIAL OF ACCESS TO RECORDS UNDER THE FREEDOM
OF INFORMATION LAW AND EXEMPTION FROM DISCLOSURE UNDER THE FREEDOM
OF INFORMATION LAW OF CERTAIN LAW ENFORCEMENT-RELATED RECORDS; AND TO
AMEND THE CIVIL RIGHTS LAW, IN RELATION TO RECORDS IDENTIFYING VICTIMS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05475, CALENDAR NO.
149, LUNSFORD, VANEL. AN ACT TO AMEND CHAPTER 461 OF THE LAWS OF
2017 RELATING TO RECIPROCITY OF DEBARMENTS IMPOSED UNDER THE FEDERAL
DAVIS-BACON ACT, AND RELATING TO A WORK GROUP TO STUDY AND MAKE
RECOMMENDATIONS TO THE LEGISLATURE REGARDING THE APPROPRIATE PAYMENT
OF SUPPLEMENTS TO CONSTRUCTION WORKERS, IN RELATION TO EXTENDING THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
23
NYS ASSEMBLY MARCH 10, 2021
BUT FIRST, ON A MOTION BY MS. LUNSFORD, THE SENATE BILL IS BEFORE THE
HOUSE. THE SENATE BILL IS ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05511, CALENDAR NO.
150, RICHARDSON, L. ROSENTHAL, HYNDMAN, EPSTEIN, SAYEGH, SIMON,
BARRON, GOTTFRIED, WEPRIN, CRUZ. AN ACT TO AMEND THE CRIMINAL
PROCEDURE LAW, IN RELATION TO A JUDICIAL DIVERSION PROGRAM FOR CERTAIN
FELONY OFFENDERS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05783, CALENDAR NO.
151, TAYLOR. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO ABSENTEE
VOTING APPLICATION DEADLINES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
TAYLOR, 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: THIS IS A -- THE CLERK
WILL RECORD THE VOTE ON SENATE PRINT 264. 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. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. I THINK
THIS PIECE OF LEGISLATION IS IMPORTANT, ESPECIALLY AS WE MOVE IN THIS
24
NYS ASSEMBLY MARCH 10, 2021
BODY AND IN THIS STATE TO REFORM OUR ELECTION SYSTEM AND MAKE SURE
THAT WE ARE COUNTING BALLOTS, ABSENTEE BALLOTS, ON ELECTION DAY TO
SPEED UP THE PROCESS AND ENSURE THAT THE PUBLIC KNOWS WHO WON AN
ELECTION IN A TIMELY MANNER. IN ORDER TO DO THAT, LAWS LIKE THIS ARE
GOING TO BE CRITICAL TO MAKE SURE THAT THERE'S A -- AN ORDERLY PROCESS AND
THAT OUR BOARD OF ELECTIONS ARE NOT INUNDATED WITH LAST-MINUTE REQUESTS
TO VOTE BY ABSENTEE BALLOT. OBVIOUSLY, THE CURRENT SYSTEM THAT WE
HAVE, PART OF THE REASON THAT IT TAKES SO LONG TO COUNT ABSENTEE BALLOTS
IS BECAUSE THE BOARD OF ELECTIONS NEEDS TO VERIFY THAT SOMEBODY DID
NOT VOTE ON THE MACHINE. IN ORDER TO ADDRESS SOME OF THIS, WE'RE GOING
TO NEED TO -- TO PASS LAWS LIKE THIS.
SO I APPRECIATE THE SPONSOR PUTTING THIS FORWARD AND
LOOK FORWARD TO -- TO FUTURE BILLS TO ADDRESS SOME OF THESE ISSUES AS
WELL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. LAWLER IN THE
AFFIRMATIVE.
MS. -- MR. NORRIS.
MR. NORRIS: THANK YOU, MR. SPEAKER. TO EXPLAIN
MY VOTE.
ACTING SPEAKER AUBRY: TO EXPLAIN HIS VOTE.
MR. NORRIS: YOU KNOW, AS THE RANKING MEMBER
OF THE ELECTION LAW COMMITTEE I WOULD LIKE TO JUST THANK THE CHAIR OF
THE ELECTION LAW COMMITTEE, MADAM CHAIRMAN [SIC] WALKER, AS WELL
AS MEMBER TAYLOR FOR THIS BILL. LAST SUMMER WE HAD A PUBLIC HEARING
ALL DAY LONG THROUGH ZOOM, AND WE HEARD FROM OUR STATE ELECTION
25
NYS ASSEMBLY MARCH 10, 2021
OFFICIALS, OUR LOCAL ELECTION OFFICIALS, AND THEY SAID THIS IS VERY, VERY
IMPORTANT TO MAKE SURE THERE'S A TIMELY RECEIPT AND MAKING SURE THAT
THE BALLOTS GO OUT IN A TIMELY MANNER.
SO I JUST WANT TO STAND AND COMMEND IN THIS MOMENT
A BIPARTISAN BILL. I'M VERY SUPPORTIVE OF THIS AND I WANT TO JUST THANK
THEM FOR THEIR HELP. AND THIS IS A GOOD BILL FOR THE ADMINISTRATION OF
ELECTIONS AND OUR STATE, AND ALSO A VERY IMPORTANT BILL JUST FOR THE
VOTERS SO THAT THEY WILL BE TIMELY COUNTED IN A GREAT MANNER. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU. MR.
NORRIS IN THE AFFIRMATIVE. MR. NORRIS' VOTE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05794, CALENDAR NO.
152, DICKENS, WALKER. AN ACT IN RELATION -- RELATING TO ELECTION
DISTRICTS IN CERTAIN COUNTIES.
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 5794. 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.)
26
NYS ASSEMBLY MARCH 10, 2021
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05845, CALENDAR NO.
153, O'DONNELL, VANEL. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW,
IN RELATION TO GRAND JURY PROCEEDINGS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
CALENDAR NO. 55, PAGE 6, THE CLERK WILL READ.
THE CLERK: SENATE NO. S00885, CALENDAR NO. 55,
SENATOR COMRIE (A01972, WILLIAMS). AN ACT TO AMEND THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO NOTICE TO TENANTS
IN MORTGAGE FORECLOSURE ACTIONS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WILLIAMS.
MS. WILLIAMS: THANK YOU, MR. SPEAKER. ON THE
BILL, IT'S BASICALLY AN AMENDMENT TO CLARIFY THAT THE RIGHTS OF TENANTS
WHO LIVE IN A BUILDING PRIOR TO ITS BEING FORECLOSED WILL NOT BE AFFECTED
UNDER THIS LEGISLATION.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. WILLIAMS, WILL
YOU YIELD?
MS. WILLIAMS: YES, I YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
27
NYS ASSEMBLY MARCH 10, 2021
MS. WALSH: THANK YOU, MS. WILLIAMS. SO, I HAVE
A FEW QUESTIONS ON THIS BILL, WHICH IS A CHAPTER AMENDMENT. THE
BILL-IN-CHIEF RECEIVED 45 NO VOTES LAST YEAR WHEN WE TOOK IT UP. COULD
YOU EXPLAIN HOW THE CHAPTER AMENDMENT DIFFERS FROM THE
BILL-IN-CHIEF?
MS. WILLIAMS: SURE. THANK YOU FOR ASKING THAT
QUESTION. SO BASICALLY, IT -- IT PUTS IN THE GOOD FAITH LANGUAGE, AND
AGAIN, FOR SOMEONE WHO IS HOLDING ON TO A LEASE THAT WILL GIVE THEM
SOME SENSE OF SECURITY AS TO -- TO BE ABLE TO STAY IN THE PROPERTY, YOU
KNOW, AS OPPOSED TO IF THEY DIDN'T HAVE A LEASE. SO UNDER THIS
AMENDMENT IT WILL PROTECT THE -- THE TENANT WHO IS THE HOLDER OF A LEASE.
MS. WALSH: OKAY. SO JUST TALKING ABOUT TIMELINE
AND JUST GIVING YOU A COUPLE OF EXAMPLES. IF A FORECLOSURE PROCEEDING
HAS STARTED, UNDER THIS BILL CAN THE -- CAN A LANDLORD STILL LEASE OUT THE
PROPERTY EVEN THOUGH THE LANDLORD KNOWS THAT THERE'S A FORECLOSURE
PROCEEDING THAT STARTED?
MS. WILLIAMS: AGAIN, THAT I'LL HAVE TO GET BACK TO
YOU. BUT TO WHAT I KNOW, IT MAY NOT BE THE RIGHT THING TO DO WHERE THE
-- THE LANDLORD IS CONCERNED. YOU KNOW, I CAN'T TELL THE LANDLORD WHAT
TO DO, BUT IF THERE IS EXISTING TENANTS THERE WITH A LEASE IT WILL PROTECT
THEM UNDER THIS PIECE OF LEGISLATION.
MS. WALSH: OKAY. SO THE BILL PROTECTS THE -- IT
CERTAINLY DOES PROTECT A LAND -- A TENANT WHO'S ALREADY THERE, AND THEIR
FORECLOSURE PROCEEDING STARTS, THE TENANT CAN STAY FOR THE REMAINDER OF
THE LEASE. AND I DO UNDERSTAND THAT, AND I UNDERSTAND THE REASON FOR
28
NYS ASSEMBLY MARCH 10, 2021
TRYING TO MAKE SURE THAT THE TENANT DOESN'T GET PENALIZED JUST BECAUSE
THEY HAPPEN TO BE IN -- IN A PROPERTY THAT IS THEN SUBJECT TO FORECLOSURE.
I UNDERSTAND THAT. BUT MY QUESTION HAS TO DO WITH IF THERE IS NO TENANT,
A FORECLOSURE PROCEEDING STARTS, THE LANDLORD KNOWS THAT THERE IS A
FORECLOSURE PROCEEDING, AND STILL THE LANDLORD GOES OUT AND ENTERS INTO A
LEASE WITH A TENANT. WOULD THIS BILL ALLOW THAT LANDLORD TO -- TO -- TO
EXECUTE A LEASE LIKE THAT AND ALSO TO COLLECT RENTS DURING THE PERIOD OF
TIME THAT THE FORECLOSURE PROCEEDING IS PENDING?
MS. WILLIAMS: WELL, I BELIEVE AT THAT TIME NO
WOULD THE TENANT KNOW THAT THE HOME IS BEING FORECLOSED, AND IF THAT
WAS TO COME UP, AGAIN, YOU KNOW, THE LEASE SHOULD BE HELD
ACCOUNTABLE. AND I WOULD HOPE THAT THE LANDLORD DOESN'T DO THAT.
AGAIN, I CANNOT TELL A LANDLORD WHAT TO DO IF THEIR HOME IS BEING
FORECLOSED. IT'S UP TO THE LANDLORD, BASICALLY.
MS. WALSH: OKAY. WELL, THE -- THE CHAPTER
AMENDMENT SAYS THAT THERE NEEDS TO BE GOOD FAITH. WHO'S GOT TO --
WHO'S GOT TO EXHIBIT THE GOOD FAITH; THE LANDLORD, THE TENANT OR BOTH OF
THEM?
MS. WILLIAMS: I WOULD SAY THE BOTH OF THEM. BUT
AGAIN, THIS IS LEGISLATION, AND AGAIN, EVERYONE HAS TO BE HELD
ACCOUNTABLE FOR THEIR OWN ACTIONS.
MS. WALSH: WELL, I THINK THAT THERE SHOULD BE
ACCOUNTABILITY. I AGREE WITH YOU THERE. SO IF THERE'S -- IF A TENANT OR A
PROSPECTIVE TENANT KNOWS THAT THERE'S A FORECLOSURE ACTION THAT'S
PENDING, MAYBE BECAUSE THE LANDLORD TOLD HIM OR BECAUSE OF SOME
29
NYS ASSEMBLY MARCH 10, 2021
OTHER REASON, MAYBE THEY JUST -- THEY JUST KNOW ABOUT IT. WOULD THAT
PERSON -- WOULD THAT TENANT BE ACTING IN GOOD FAITH BY ENTERING INTO A
LEASE KNOWING OF THE -- OF THE PENDING FORECLOSURE MATTER UNDER THIS
BILL?
MS. WILLIAMS: WELL -- WELL, ACCORDING -- RIGHT
NOW WITH THE HOUSING CRISIS, YOU KNOW, IF NO ONE HAS ANOTHER WAY OF
GETTING, YOU KNOW, LIVING IN A HOME AND THAT'S THE ONLY OPTION, AGAIN,
YOU KNOW, IT'S UP TO THE INDIVIDUAL, RIGHT? AND I HOPE THAT THEY CAN --
THEY CAN BE PROTECTED UNDER THIS PIECE OF LEGISLATION.
MS. WALSH: BUT THERE WAS A REASON WHY WHEN THE
GOVERNOR INDICATED THAT HE WOULD ONLY APPROVE THE BILL-IN-CHIEF IF
THERE WAS A CHAPTER AMENDMENT THAT THAT GOOD FAITH LANGUAGE WAS
INSERTED. SO I'M JUST CURIOUS AS TO WHAT THAT GOOD FAITH MEANS. YOU
TALKED ABOUT ACCOUNTABILITY, AND BUT THEN YOU ALSO SAID THAT IT WAS
BASICALLY UP TO THE INDIVIDUAL LANDLORD AND THE INDIVIDUAL TENANT TO DO
WHAT THEY -- WHAT THEY THOUGHT WAS RIGHT. THAT, TO ME, DOESN'T SEEM TO
INDICATE GOOD FAITH IN ANY KIND OF AN OBJECTIVE SENSE. THAT HAS MORE TO
DO WITH MAYBE WHAT SOMEBODY'S MORAL COMPASS IS, BUT THAT DOESN'T
REALLY SEEM TO BE -- AND THAT -- THAT LANGUAGE HAS GOT TO MEAN
SOMETHING IF IT'S GETTING PUT INTO THE BILL. SO I'M JUST -- I'M JUST
WONDERING -- YOU KNOW, I'M WONDERING WHAT THAT MEANS BECAUSE, YOU
KNOW, THE BOTTOM LINE IS IT'S -- IT'S NOT FAIR TO THE INDIVIDUAL THAT'S -- OR
THE BANK OR WHOEVER HAS EXTENDED THAT MORTGAGE, BECAUSE THE RENTS
THAT ARE GOING TO GET COLLECTED BY THE LANDLORD FROM THE TENANT DURING
THAT FORECLOSURE PROCESS, THERE'S NO REQUIREMENT FOR THE -- THE LANDLORD
30
NYS ASSEMBLY MARCH 10, 2021
TO TURN THAT MONEY OVER TO THE BANK TO PAY DOWN THE AMOUNT THAT'S
OWED THAT CAUSED THE FORECLOSURE PROCEEDING TO START. THE LANDLORD CAN
JUST SIMPLY POCKET THAT MONEY. SO I THINK IT'S IMPORTANT IF WE'RE GOING
TO INSERT LANGUAGE LIKE "GOOD FAITH" TO KNOW WHAT THAT MEANS. SO
THANK YOU VERY MUCH FOR YOUR ANSWERS.
AND, MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO, I THINK THAT THE -- THE QUESTIONS
AND ANSWERS KIND OF EXPOSED A LITTLE BIT WHAT MY CONCERN REMAINS WITH
THIS LEGISLATION AND WITH THIS CHAPTER AMENDMENT BECAUSE, I MEAN,
CONCEPTUALLY, THE IDEA OF ADDING A GOOD FAITH REQUIREMENT, IT SOUNDS
GOOD, BUT WHAT IT ACTUALLY MEANS IS IN QUESTION. AND EVEN IF THERE IS
SOME KIND OF A GOOD FAITH REQUIREMENT, IT STILL ALLOWS A MORTGAGOR
THAT'S GETTING FORECLOSED UPON TO RECEIVE RENTS WITH NO GUARANTEE THAT
ANY KIND OF A RECEIVER IS GOING TO BE APPOINTED OR BE ABLE TO INTERCEPT
THESE FUNDS AND REMIT THEM TO THE -- TO THE MORTGAGEE. SO WE HAD QUITE
A BIT OF OPPOSITION ON THIS -- THE BILL-IN-CHIEF. I -- I THINK THAT MAYBE IN
A CONCEPTUAL SENSE, THE CHAPTER AMENDMENT MAY IMPROVE THE
BILL-IN-CHIEF, BUT THE BIGGEST -- THE BIG PROBLEM STILL REMAINS.
SO FOR THOSE REASONS, I WON'T BE ABLE TO SUPPORT THIS
CHAPTER AMENDMENT. THANK YOU VERY MUCH.
ACTING SPEAKER JACKSON: MS. GIGLIO.
MS. GIGLIO: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD?
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NYS ASSEMBLY MARCH 10, 2021
MS. WILLIAMS: YES, I YIELD.
MS. GIGLIO: IF THERE IS A CAUSE FROM THE LENDER TO
THE PROPERTY OWNER WHO IS -- OR THE PERSON WHO IS PURCHASING THE
BUILDING, IF THERE IS A CLAUSE IN THAT AGREEMENT, IN THAT LENDING
DOCUMENT, THAT SAYS THAT IF THERE IS A FORECLOSURE THE TENANTS HAVE TO
VACATE WITHIN 30 DAYS, 60 DAYS, 90 DAYS, DOES THIS CIRCUMVENT THAT
CONTRACTUAL AGREEMENT?
MS. WILLIAMS: IT -- IT CAN. AGAIN, A FORECLOSURE
PROCESS DOES NOT HAPPEN IN JUST 30 DAYS. IT TAKES QUITE A TIME FOR A
FORECLOSURE PROCESS TO BE ON THE GROUND AND FOR IT TO TAKE ITS COURSE.
SO I WOULD HOPE THAT THE TENANT CAN GET, YOU KNOW, PROPER
DOCUMENTATION AHEAD OF TIME AND THAT CAN BE WORKED OUT. AGAIN, THIS
CHAPTER AMENDMENT, AGAIN, IS TO PROTECT THOSE THAT ARE HOLDING ON TO A
LEASE IF THE PROPERTY IS WITHIN -- YOU KNOW, BEING FORECLOSED UPON.
MS. GIGLIO: SO IF THE LEASE DOCUMENT BETWEEN THE
PROPERTY OWNER AND THE TENANT STATES THAT IF THE BUILDING SHOULD BE
FORECLOSED UPON THEY HAVE TO VACATE WITHIN A CERTAIN PERIOD OF TIME AS
PER THEIR CONTRACTUAL AGREEMENT WITH THE LENDER, WOULD THIS LAW TRUMP
THAT CONTRACTUAL AGREEMENT BETWEEN THE LANDLORD AND THE TENANT THAT
SPECIFICALLY STATES THAT UPON FORECLOSURE THEY WOULD HAVE TO VACATE
WITHIN 30, 60, 90 DAYS?
MS. WILLIAMS: WELL, AGAIN, AS YOU -- YOU'VE
ASKED BEFORE, AGAIN, IT -- IT ALL BOILS DOWN TO THE INFORMATION THAT IS AT
HAND. AND AGAIN, THESE NOTICES TAKE SOME TIME, RIGHT? I DON'T HAVE
CONTROL OVER WHAT A LANDLORD CHOOSES TO DO, WHETHER THEY CHOOSE TO
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NYS ASSEMBLY MARCH 10, 2021
PAY THEIR MORTGAGE, NOT TO PAY THEIR MORTGAGE. COLLECT RENT AND KEEP
THAT MONEY. I DON'T HAVE CONTROL OVER THAT. BUT THE BASIS OF THIS BILL IS
TO REALLY PROTECT THE TENANT THAT'S IN A HOME THAT IS IN THE COURSE OF
FORECLOSURE.
MS. GIGLIO: OKAY.
ON THE BILL.
ACTING SPEAKER MS. JACKSON: ON THE BILL.
MS. GIGLIO: IN MY OPINION THIS IS AN INTERFERENCE
OF A CONTRACTUAL RESPONSIBILITY BETWEEN A LENDER AND A PROPERTY OWNER
AND A LANDLORD AND A TENANT. AND I DON'T THINK THAT -- I THINK THAT IF
THERE WERE A BILL THAT WE'RE SAYING THAT A LANDLORD HAD TO PUT THAT IN THE
AGREEMENT, THE LEASE AGREEMENT BETWEEN THE LANDLORD AND THE TENANT,
THAT UPON FORECLOSURE THEY WOULD HAVE TO VACATE THEN THEY WOULD NOT
BE PROTECTED. BUT IF IT IS IN THE LEASE AGREEMENT, THEN THAT'S A
CONTRACTUAL AGREEMENT BETWEEN A LANDLORD AND TENANT.
AND FOR THOSE REASONS, I WILL BE VOTING NO ON THE BILL.
THANK YOU.
ACTING SPEAKER MS. JACKSON: MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD?
MS. WILLIAMS: YES, I YIELD.
MR. GOODELL: THANK YOU, MS. WILLIAMS. AS YOU
KNOW, WHEN IT COMES TO HOUSING WE HAVE EVERYTHING FROM A
SINGLE-FAMILY HOUSE THAT IS LEASED TO A COMMERCIAL APARTMENT BUILDING.
AND WHEN IT COMES TO FORECLOSURES, BOTH THE PROCESS AND THE LEGAL
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NYS ASSEMBLY MARCH 10, 2021
DOCUMENTATION CAN BE QUITE DIFFERENT. SO, IF I MAY, ON A COMMERCIAL
MORTGAGE WHERE A BANK LENDS TO AN APARTMENT BUILDING, IT'S NOT AT ALL
UNUSUAL FOR THE BANK TO, AS YOU KNOW, HAVE THE TENANTS SIGN A
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE AGREEMENT. AND THAT
AGREEMENT, WHICH IS A CONDITION OF SOME OF THE LENDING, BASICALLY, THE
TENANT AGREES THAT THEIR LEASE HOLD INTEREST IS SUBORDINATE TO THE BANK'S
LIEN. AND WITHOUT THAT, MANY BANKS SIMPLY WON'T LEND FOR THE PURCHASE
OF AN APARTMENT BUILDING. TOUCHING BASE OR GOING BACK TO A COMMENT
FROM MY COLLEAGUE, IS -- IS IT YOUR INTENT IN A COMMERCIAL CONTEXT THAT
THIS LEGISLATION WOULD SUPERCEDE OR PREEMPT A NON-DISTURBANCE,
SUBORDINATION AND ATTORNMENT AGREEMENT IN A COMMERCIAL CONTEXT?
MS. WILLIAMS: I DON'T HAVE THE ANSWER FOR THAT.
YOU KNOW, I CAN GET -- GET BACK TO YOU ON THAT. THAT'S A GOOD
QUESTION. BUT AGAIN, THIS IS FOR THE SMALL LANDLORDS, AND IN REGARDS TO
THE COMMERCIAL PART I WOULD HAVE TO GET BACK TO YOU ON THAT.
MR. GOODELL: THANK YOU. LET'S TALK A LITTLE BIT
ABOUT A SINGLE-FAMILY HOUSE. AS YOU KNOW, IN ORDER TO GET A MORTGAGE
COMMITMENT IF YOU'RE BUYING A SINGLE-FAMILY HOUSE, A TYPICAL AND A
STANDARD MORTGAGE CLAUSE IS THAT THE HOUSE MUST BE OWNER-OCCUPIED.
IN FACT, I THINK THAT'S A REQUIREMENT FOR A LOT OF THE FEDERAL MORTGAGE
GUARANTEES OR THE FEDERAL PROGRAMS. SO, IF SOMEBODY BORROWS MONEY,
CERTIFIES THAT THE HOUSE IS GOING TO BE OWNER-OCCUPIED AND THEN TURNS
AROUND AND RENTS IT TO A TENANT IN VIOLATION OF THE LEASE -- OF THE
MORTGAGE TERMS ITSELF, WOULD THIS THEN PROVIDE THAT THAT TENANT IS THERE
IN GOOD FAITH? OR THE FACT THAT THE LANDLORD PREVIOUSLY CERTIFIED TO THE
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NYS ASSEMBLY MARCH 10, 2021
BANK THAT THEY WOULDN'T EVEN RENT IT, DOES THAT ELIMINATE THE GOOD FAITH
PROVISION IN THIS BILL?
MS. WILLIAMS: YOU KNOW, A GOOD -- GOOD POINT
MADE. AND AGAIN, I CANNOT SPEAK ON BEHALF OF THE LANDLORD. YOU
KNOW, IT MAY NOT BE IN GOOD FAITH, BUT AGAIN, THIS IS TO PROTECT THE
TENANT WHO IS IN EXIST -- WHO HAS ENTERED INTO A LEASE. AND SOMETIMES
THEY MAY ENTER INTO A LEASE WITHOUT THE KNOWLEDGE OF THEIR HOME OR
WHERE THEY RESIDE BEING FORECLOSED. WE KNOW EVEN RIGHT NOW DURING
THIS PANDEMIC THERE ARE MANY PEOPLE, YOU KNOW, THAT ARE FACING
EVICTIONS, HOMELESSNESS. IT'S DEFINITELY BECOME A CRISIS. AND, YOU
KNOW, I CANNOT SPEAK ON BEHALF OF THE LANDLORD AS TO WHAT, YOU KNOW,
THEY'RE GOING TO UPHOLD OR -- OR WHAT NOT -- THEY'RE GOING TO NOT UPHOLD.
AGAIN, THIS IS TO PROTECT THE TENANT.
MR. GOODELL: AND I -- I CERTAINLY APPRECIATE THAT.
AS YOU KNOW, IF THERE'S A MORTGAGE FORECLOSURE ON A SINGLE-FAMILY
RESIDENCE, BY LAW, EVEN BEFORE A BANK CAN FILE THE FORECLOSURE ACTION,
THEY'RE REQUIRED TO PROVIDE A 90-DAY ADVANCE NOTICE TO THE HOMEOWNER
THAT THEY'RE IN DEFAULT AND THEY'RE AT RISK. WOULD YOU AGREE WITH ME
THAT A HOMEOWNER THAT RECEIVES A 90-DAY NOTICE HAS A GOOD FAITH
OBLIGATION TO DISCLOSE THAT TO ANY TENANT SO THAT THE TENANT HAS AS MUCH
INFORMATION AS POSSIBLE? WOULDN'T THAT BE PART OF THE GOOD FAITH
OBLIGATIONS OF A LANDLORD?
MS. WILLIAMS: YOU AND I WILL THINK THAT SHOULD
BE IN GOOD FAITH ON BEHALF OF THE LANDLORD, THEY SHOULD.
MR. GOODELL: AND LIKEWISE, IF THE LANDLORD
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NYS ASSEMBLY MARCH 10, 2021
RECEIVES A COPY OF A SUMMONS AND COMPLAINT NOTIFYING THE LANDLORD
THAT THE -- A FORECLOSURE'S OCCURRED, WOULD YOU AGREE WITH ME THAT THE
LANDLORD HAS A GOOD FAITH OBLIGATION TO WARN THEIR TENANT THAT THE
PROPERTY MIGHT BE GOING INTO FORECLOSURE?
MS. WILLIAMS: YES, THEY SHOULD. AND -- AND
AGAIN, IF THERE IS A LEASE, THE LEASE ALSO NEEDS TO BE UPHELD, ESPECIALLY IF
THAT PERSON MAY HAVE CHILDREN, YOU KNOW, THAT MAY BE GOING TO THE
SCHOOL WITHIN THE COMMUNITY. YOU KNOW, THAT MAY TAKE SOME TIME FOR
THEM TO RELOCATE AND TO READJUST, YOU KNOW, THEIR LIFESTYLE. SO AGAIN, IT
ALL BOILS DOWN TO THE TENANT WHO HAS A LEASE AND TAKING THIS GOOD FAITH
LANGUAGE INTO CONSIDERATION.
MR. GOODELL: BUT I THINK -- AS I MENTIONED, I
THINK WE BOTH AGREE THAT IF THERE'S A LANDLORD AND THEY GET THE 90-DAY
NOTICE, THEY IN GOOD FAITH CERTAINLY OUGHT TO TELL EXISTING TENANTS AS WELL
AS FUTURE TENANTS. AND MOST ASSUREDLY, IF THEY GET THE SUMMONS AND
COMPLAINT THEY SHOULD DO THAT AS PART OF THE GOOD FAITH OBLIGATIONS. AS
YOU KNOW, OF COURSE, A LANDLORD HAS MORE OBLIGATIONS THAN JUST SIMPLY
COLLECTING THE RENT. A STANDARD LEASE, FOR EXAMPLE, WOULD REQUIRE THE
LANDLORD TO MAINTAIN THE PREMISES; STRUCTURAL REPAIRS, HEATING, AIR
CONDITIONING. COMMON SERVICES FOR IF IT'S A LARGE BUILDING, LIKE
ELEVATORS. UNDER THIS BILL, WHO MAINTAINS THE BUILDING AFTER A
FORECLOSURE? IS THERE ANY DISCUSSION ABOUT THAT IN THIS BILL? WHO
MAINTAINS IT AND WHO HAS TO PAY FOR ALL THOSE ITEMS? CERTAINLY, IT'S NOT
GOING TO BE THE LANDLORD, ESPECIALLY IF THE FORECLOSURE GOES FORWARD,
RIGHT?
36
NYS ASSEMBLY MARCH 10, 2021
MS. WILLIAMS: WELL, IN SOME INSTANCES THE
LANDLORD DO CONTINUE. AND IN SOME INSTANCES TENANTS MAY HAVE
SEPARATE WATER OR ELECTRIC UTILITIES AND SO FORTH. YOU KNOW --
MR. GOODELL: BUT IF YOU BUY A PROPERTY -- LET'S
SAY YOU BUY A SINGLE-FAMILY HOUSE AT A MORTGAGE FORECLOSURE AND
YOU'RE NOW THE NEW OWNER. YOU HAVE NOTHING TO DO WITH THE BANK.
YOU HAVE NOTHING WHATSOEVER TO DO WITH THE PRIOR LANDOWNER. AS THE
NEW OWNER THERE'S NO LEGAL OBLIGATION, IS THERE, FOR YOU TO CONTINUE TO
PROVIDE UTILITIES FOR EXAMPLE? THAT'S NOT A NEW OWNER'S OBLIGATION,
RIGHT? IT'S UP TO THEM WHETHER THEY WANT TO PROVIDE UTILITIES.
MS. WILLIAMS: WELL, I CAN'T -- I CAN'T SAY FOR
CERTAIN, BUT AGAIN, YOU KNOW, FORE -- FORECLOSURE PROCEEDINGS DOESN'T
HAPPEN, YOU KNOW, SUDDENLY. IT TAKES OVER A YEAR, SOMETIMES MORE
THAN A YEAR TO EVEN COMPLETE, RIGHT? AND THIS BILL WILL ALLOW TENANTS TO
KNOW THEIR RIGHTS, AND AGAIN, HAVE THEIR LEASE SPEAK SOME TYPE OF, YOU
KNOW, LANGUAGE WHERE THEY CAN BE PROTECTED. WHETHER OR NOT THE
LANDLORD DECIDES TO UPHOLD THAT LEASE OR BE IN GOOD FAITH, YOU KNOW, IT'S
ALL UP TO THE -- THE LANDLORD. BUT THE LANDLORD HAS THE RIGHT TO NOTIFY --
THE TENANT AND SO FORTH.
MR. GOODELL: AS YOU -- AS WE DISCUSSED EARLIER,
ALMOST EVERY RESIDENTIAL MORTGAGE REQUIRES THAT THE BORROWER CERTIFY IT'S
GOING TO BE AN OWNER-OCCUPIED RESIDENCE. SO IF A BANK FORECLOSES ON A
SINGLE-FAMILY RESIDENCE AND THEY HAVE A FORECLOSURE SALE, IF THIS BILL
GOES INTO EFFECT AND WE HAVE TENANTS THAT COULD BE THERE FOR THREE
YEARS, THAT MEANS THE NEW BUYER WOULD NOT BE ABLE TO CERTIFY THAT THE
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NYS ASSEMBLY MARCH 10, 2021
BUILDING IS GOING TO BE OWNER-OCCUPIED, THE HOUSE IS GOING TO BE
OWNER-OCCUPIED, WHICH MEANS THE NEW BUYER WON'T BE ABLE TO GET ANY
FINANCING THAT'S FEDERALLY GUARANTEED. AREN'T WE ELIMINATING THE ABILITY
OF A NEW OWNER TO BUY A HOME FOR HIS OWN FAMILY AND MOVE IN AS AN
OWNER-OCCUPIED PROPERTY? AND FOR MANY COMMUNITIES THOSE
OWNER-OCCUPIED HOUSES ARE THE BEST MAINTAINED. DON'T WE WANT TO
ENCOURAGE PEOPLE TO BE ABLE TO BUY A HOUSE AND NOT HAVE TO WAIT THREE
YEARS FOR A TENANT TO LEAVE?
MS. WILLIAMS: I THINK IT'S VERY IMPORTANT THAT WE
ALWAYS ENCOURAGE TO BUY -- TO PURCHASE HOMES. HOWEVER, AGAIN, WHEN
IT COMES TO A LANDLORD, YOU KNOW, I DON'T KNOW WHAT MAY BE GOING ON
IN THEIR PERSONAL LIVES, ESPECIALLY WHEN IT COMES TO A ONE-FAMILY HOME
WHERE IT'S OWNER OCCUPANCY. THEY MAY FALL ON HARD TIMES AND THEY
MAY BE LIVING NEAR TO A CAMPUS OR WHEREVER, AND THAT MAY BE A WAY TO
ASSIST THEM AT THAT TIME IN NEED. SO AGAIN, I DO SUPPORT, YOU KNOW,
PEOPLE THAT ARE LOOKING TO PURCHASE, YOU KNOW, ONE-FAMILY HOMES. BUT
AT THE SAME TIME, IF THERE ARE TENANTS THERE, FOR WHATEVER REASON, AND
THEY HAVE FAMILIES THEMSELVES THEY SHALL BE PROTECTED AND SHOULD BE
PROTECTED UNDER SOME TYPE OF LEGISLATION.
MR. GOODELL: EVEN IF -- EVEN IF THAT PROTECTION, IF
YOU WILL, ELIMINATES THE ABILITY OF SOMEONE TO BUY A HOUSE AND CERTIFY
THAT IT'S OWNER-OCCUPIED AND MOVE THEIR OWN FAMILY INTO THE HOUSE? I
MEAN, THAT'S WHAT THIS BILL DOES BECAUSE THIS BILL SAYS THAT YOU COULD
HAVE A TENANT THAT STAYS THREE YEARS AFTER THE FORECLOSURE. AS LONG AS
THERE'S A TENANT THERE, A NEW BUYER CAN'T CERTIFY THAT IT'S GOING TO BE
38
NYS ASSEMBLY MARCH 10, 2021
OWNER-OCCUPIED UNLESS IT'S JUST A TENANT THAT'S BUYING IT. WHICH MEANS
THE NEW OWNER CAN'T GET FINANCING. WHICH MEANS WE CAN'T TAKE A
PROPERTY THAT'S IN FORECLOSURE AND HAVE IT PURCHASED BY A NEW
RESIDENTIAL OWNER. I MEAN, THAT'S NOT -- THAT'S NOT WHAT WE WANT, IS IT?
MS. WILLIAMS: IT'S NOT WHAT WE WANT, BUT
SOMETIMES, YOU KNOW, IT'S BEYOND OUR CONTROL.
MR. GOODELL: THANK YOU. SO IF WE LOOK AT THIS,
IT'S -- IT'S INTERESTING. THERE'S THREE CATEGORIES OF LEASES THAT ARE -- THAT
-- WHERE THE TENANT CAN STAY. THE FIRST IS IT SAYS THE GREATER OF AT LEAST
90 DAYS. SO UNDER THIS BILL, IF A TENANT'S LEASE HAS ALREADY EXPIRED AT
THE TIME THE FORECLOSURE BEGINS, AM I CORRECT THAT THE TENANT, EVEN
THOUGH THEIR LEASE IS EXPIRED, WOULD GET AN EXTRA 90 DAYS SIMPLY
BECAUSE THE PROPERTY IS GOING INTO FORECLOSURE?
MS. WILLIAMS: THAT, I CAN GET BACK TO YOU, BUT
I'M -- I'M -- I'M NOT TOO SURE.
MR. GOODELL: OKAY. AND THEN THE SECOND
CATEGORY IS YOU GET TO STAY THERE UNTIL THE END OF YOUR LEASE. I CAN
UNDERSTAND THAT. AND IF THERE'S NOT A SUBORDINATION, ATTORNMENT OR
NONDISCLOSURE -- OR NON-DISTURBANCE AGREEMENT, I CAN UNDERSTAND THAT.
BUT THEN YOU CAN ENTER INTO A NEW LEASE FOR UP TO THREE YEARS, RIGHT?
MS. WILLIAMS: WELL, AGAIN, WHEN WE LOOK AT THE
LANDLORD AND TENANT, IF THAT'S SOMETHING THAT THE LANDLORD WANTS TO DO, IT
WILL NOT BE IN GOOD FAITH. YOU KNOW, BUT AT THE SAME TIME, IF THE
TENANT IS LOOKING FOR A HOME AND DOES NOT KNOW THAT THE HOME IS IN
FORECLOSURE AND ENTERS INTO A LEASE WHEN THAT BECOMES AWARE OF, THEN
39
NYS ASSEMBLY MARCH 10, 2021
THEY SHOULD BE PROTECTED.
MR. GOODELL: OKAY. THANK YOU VERY MUCH.
MS. WILLIAMS: BECAUSE NOT EVERY TIME -- NOT
EVERY TIME THE LANDLORD MAY BE IN GOOD FAITH, AS WE HAVE SEEN AND WE
KNOW. SO...
MR. GOODELL: THANK YOU, MS. WILLIAMS. I VERY
MUCH APPRECIATE YOUR -- YOUR COMMENTS AND OBSERVATIONS.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I'VE BEEN PRACTICING REAL ESTATE LAW
FOR 40 YEARS, AND SOMETIMES SEE THINGS THAT CAUSE ME TO SCRATCH MY
HEAD AND TRY TO FIGURE OUT WHAT'S GOING ON. AND SO I VERY MUCH
APPRECIATE THE COLLEAGUE'S -- MY COLLEAGUE'S COMMENTS. WE WANT TO
KEEP IN MIND THAT IF -- IF THE FORECLOSURE IS ON A SINGLE-FAMILY HOUSE -
AND THE VAST MAJORITY OF APARTMENTS UPSTATE ARE A SMALLER HOMES - IF
THE FORECLOSURE IS ON A SINGLE-FAMILY HOUSE, A NEW PERSON CANNOT BUY IT
AS AN OWNER-OCCUPIED HOUSE OR GET A FEDERALLY-INSURED RESIDENTIAL
MORTGAGE UNDER THIS BILL FOR UP TO THREE YEARS, WHICH MEANS THE BANK
CAN'T SELL IT TO ANOTHER FAMILY WHO WANTS TO MOVE IN. AND THAT'S
FUNDAMENTALLY UNFAIR TO A FAMILY WHO WANTS TO BUY A HOUSE THAT'S IN
FORECLOSURE AND MOVE IN WITH THEIR FAMILY.
THE SECOND PROBLEM THAT YOU HAVE IS THAT DURING THAT
EXTENDED LEASE TERM, WHICH COULD BE UP TO THREE YEARS OR MAYBE EVEN
LONGER, THERE'S NO OBLIGATION FROM THE OWNER IF IT'S IN FORECLOSURE TO PAY
40
NYS ASSEMBLY MARCH 10, 2021
ANYTHING. A NEW OWNER DOESN'T HAVE ANY OBLIGATION TO PAY UTILITIES,
EVEN IF IT'S A -- A COMMON-METERED BUILDING. THEY HAVE NO OBLIGATION
TO MAINTAIN IT, TO REPLACE THE ROOF OR FIX IT OR REPLACE BROKEN WINDOWS
OR ANYTHING. THEY'RE JUST A NEW OWNER. SO YOU HAVE A VERY PRACTICAL
PROBLEM IF YOU HAVE A HOUSE THAT'S RENTED FOR THREE YEARS AND THERE'S NO
ONE WITH ANY RESPONSIBILITY TO MAINTAIN THE HOUSE OR PAY THE UTILITIES.
THIRD -- AND I -- I APPRECIATE VERY MUCH MY -- MY COLLEAGUE'S
COMMENTS, AND I ABSOLUTELY AGREE WITH HER THAT A LANDLORD WHO GETS A
NOTICE THAT THE PROPERTY MAY GO INTO FORECLOSURE HAS A GOOD FAITH
OBLIGATION TO TELL THE TENANT. ABSOLUTELY SHOULD TELL THE TENANT. AND
THAT GOOD FAITH OBLIGATION ALSO REQUIRES A LANDLORD TO TELL THE TENANTS
WHEN THERE'S A MORTGAGE FORECLOSURE ACTION COMMENCED. ABSOLUTELY.
AND SO IT'S HARD TO IMAGINE THAT YOU COULD EVER HAVE A NEW LEASE
ENTERED IN GOOD FAITH IF THOSE ITEMS AREN'T ADDRESSED.
SO AGAIN, THANK YOU, MR. SPEAKER, AND THANK YOU TO
MY COLLEAGUE ON THIS COMPLEX ISSUE.
ACTING SPEAKER AUBRY: THANK YOU.
MS. DICKENS.
MS. DICKENS: THANK YOU, MR. SPEAKER. AND WILL
THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MS. WILLIAMS, WILL
YOU YIELD?
MS. WILLIAMS: YES, I YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. DICKENS: THANK YOU SO MUCH. NOW, IN -- IN
41
NYS ASSEMBLY MARCH 10, 2021
TALKING ABOUT FORECLOSURES OF PROPERTY, IS IT NOT USUALLY THE CASE THAT
WHEN A BANK OR A PRIVATE PERSON FORECLOSES ON A PROPERTY, THE NOTICE
MAY OR MAY NOT GET TO THE CURRENT OWNER BECAUSE THEY CAN GET WHOEVER
THE SECRETARY OF STATE HAS LISTED WHICH MAY BE OBSOLETE, IS THAT CORRECT?
MS. WILLIAMS: YES.
MS. DICKENS: AND -- AND SO THEN THE OWNER, THE
CURRENT OWNER, MAY NOT GET THAT NOTICE. THAT'S -- THAT'S NUMBER ONE
BECAUSE THE -- THE SECRETARY OF STATE FREQUENTLY IS BEHIND IN THEIR FILES.
NOW, THE NEXT QUESTION I HAVE IS DEALING WITH THE --
THE OWNER FILING WITH DHCR FOR THE FUNDING. IS THAT -- IS IT CORRECT THAT
THE OWNER AND THE TENANT HAVE TO FILE JOINTLY? THE OWNER CAN'T DO IT ON
THEIR OWN, IS THAT CORRECT?
MS. WILLIAMS: I BELIEVE SO.
MS. DICKENS: AND -- AND SO THEN -- AND DHCR
WON'T RELEASE THE MONEY TO EITHER THE OLD OWNER OR THE NEW OWNER UNTIL
THE WORK OR THE REPAIRS HAS BEEN SUBSTANTIALLY COMPLETED, IS THAT
CORRECT?
MS. WILLIAMS: I BELIEVE SO.
MS. DICKENS: WHICH WOULD PREVENT THE -- THE --
THE ABUSE THAT'S BEEN STATED BEFORE ABOUT THE OWNER GETTING THE FUNDING
AND -- AND PUTTING IT IN THEIR POCKET. THAT WOULD HELP THAT TO PREVENT
THAT FROM OCCURRING, CORRECT?
MS. WILLIAMS: CORRECT.
MS. DICKENS: ALL RIGHT. AND THE LAST THING I
WANTED TO ASK YOU ABOUT IS THAT WHEN A -- A BUILDING OF ONE- TO
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NYS ASSEMBLY MARCH 10, 2021
FOUR-FAMILY GOES INTO RECEIVERSHIP OR GOES INTO FORECLOSURE, THE BANK OR
THE -- WHOEVER, THE MORTGAGEE, CAN GO TO COURT AND ASK FOR A RECEIVER TO
BE APPOINTED, A COURT-APPOINTED PERSON, TO TAKE CARE OF THE PROPERTY,
COLLECT THE RENTS, PAY THE BILLS AND TAKE CARE OF ALL REPAIRS THAT MAY BE
NEEDED, IS THAT CORRECT?
MS. WILLIAMS: YES.
MS. DICKENS: ALL RIGHT. SO THEN THAT WOULD --
WOULD HELP TO ALLEVIATE SOME OF THE CONCERNS THAT OUR COLLEAGUES HAVE
CONCERNING THE OWNERS, AND YET ALSO PROTECT THE RESIDENTS AT THE SAME
TIME.
MS. WILLIAMS: CERTAINLY.
MS. DICKENS: THANK YOU. THANK YOU SO MUCH.
THANK YOU SO MUCH. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
DICKENS.
MR. BARRON.
MR. BARRON: I WANT TO THANK THE SPONSOR OF THIS
BILL FOR ITS FOCUS ON THE TENANTS AND PROTECTING TENANTS, PARTICULARLY IN
PROPERTIES THAT ARE IN FORECLOSURE, THAT THEY HAVE TO BE NOTIFIED AND THEY
SHOULD KNOW WHAT'S HAPPENING. I THINK THE -- THE SPONSOR IS CORRECT
WHEN SHE SAYS THAT ONCE A PROPERTY IS IN FORECLOSURE AND IF THE LEASE
RUNS OUT, AT LEAST GIVE THE TENANT 90 DAYS, RATHER THAN SAYING, I'M
BUYING THIS PROPERTY NOW. YOUR -- I'M SELLING IT. IT'S IN FORECLOSURE.
YOUR LEASE IS UP, GET OUT OF HERE. I THINK THE TENANT -- THE SPONSOR IS
BEING VERY SENSITIVE TO THE TENANT. AND IF THE NEW LANDLORD GOES INTO A
43
NYS ASSEMBLY MARCH 10, 2021
NEW LEASE AND IT'S UP TO THREE YEARS, THAT'S ON THEM. THAT'S THE
ARRANGEMENT THAT THEY MADE. SO I THINK THE QUESTIONS THAT WERE ASKED
OF THE SPONSOR, I THINK SHE ANSWERED IN A TENANT-SENSITIVE AND
KNOWLEDGEABLE WAY. I THINK THAT THE PRIOR ASSEMBLYPERSON THAT JUST
FINISHED AN INQUIRY WITH THE SPONSOR MADE IT EVEN CLEARER THAT THE
TENANTS WILL BE PROTECTED AND IT WON'T BE AT THE EXPENSE OF NEW OWNERS.
SO I WANT TO COMMEND YOU FOR THIS BILL AND THE BALANCE THAT IT PRESENTS,
AND ALSO ON THE PROTECTION OF TENANTS. BECAUSE A LOT OF OUR PROPERTIES
ARE IN FORECLOSURE, AND ONE OF THE BIGGEST CHALLENGES WE'RE HAVING NOW
IS STABILITY. HAVING SOME KIND OF STABILITY AND NOT HAVING TENANTS
BEING THROWN OUT OR NOT CONSIDERED BECAUSE THEY HAVE NO CONTROL OVER
WHAT'S HAPPENING WITH THE PROPERTY AND SOMETIMES DON'T EVEN HAVE THE
KNOWLEDGE THAT THE PROPERTY IS IN FORECLOSURE.
SO I -- I WANTED TO COMMEND YOU 100 PERCENT ON THIS
BILL AND I DEFINITELY WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 885. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR
CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY
LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. ON CALENDAR NO.
44
NYS ASSEMBLY MARCH 10, 2021
55 THE REPUBLICAN CAUCUS WILL GENERALLY BE IN THE NEGATIVE. THOSE
WHO WOULD LIKE TO SUPPORT THIS BILL SHOULD CALL THE MINORITY LEADER'S
OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS WILL BE A MAJORITY VOTE IN THE AFFIRMATIVE ON THIS PIECE
OF LEGISLATION. WE WOULD ASK COLLEAGUES DESIRING TO BE AN EXCEPTION TO
PLEASE CALL THE MAJORITY LEADER'S OFFICE AND WE WILL SO RECORD YOUR
VOTE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, MRS. PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
WOULD PLEASE CALL OUR COLLEAGUE CARRIE WOERNER IN THE NEGATIVE ON THIS
ONE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: SENATE NO. S00888, CALENDAR NO.
103, SENATOR HOYLMAN (A02353, WEINSTEIN, LUPARDO, ZEBROWSKI,
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NYS ASSEMBLY MARCH 10, 2021
TAYLOR, BRONSON). AN ACT TO AMEND THE GENERAL OBLIGATIONS LAW, IN
RELATION TO THE STATUTORY SHORT FORM AND OTHER POWERS OF ATTORNEY FOR
PURPOSES OF FINANCIAL AND ESTATE PLANNING.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WEINSTEIN.
MS. WEINSTEIN: THANK YOU, MR. -- THANK YOU, MR.
SPEAKER. SO, THIS BILL IS A CHAPTER AMENDMENT THAT WAS NEGOTIATED
WITH THE GOVERNOR AND THE SENATE THAT MODIFIES THE POWER OF ATTORNEY
-- SIMPLIFIED POWER OF ATTORNEY FORM WHICH WE PASSED LAST JULY. JUST
TO REVIEW WHAT THAT BILL -- WHAT THE MAIN BILL DOES, IT SIMPLIFIED THE
CURRENT -- THE THEN-CURRENT POWER OF ATTORNEY FORM WAS TOO COMPLEX
AND PRONE TO IMPROPER EXECUTION. IT ALLOWED A POWER OF ATTORNEY FORM
WHICH SUBSTANTIALLY COMPLIED WITH THE STATUTE TO BE A VALID POWER OF
ATTORNEY, AND IT ALLOWED FOR A PROCESS FOR AND JUDICIAL REMEDY FOR THOSE
WHO PRESENTED A VALID POWER OF ATTORNEY TO AN INSTITUTION AND TO HAVE IT
REJECTED. AND IT ELIMINATED THE SEPARATE GIFT -- GIFT RIDER AND ALLOWED
GIFTS FROM $500 -- LIMITED TO $5,000 WITHOUT REQUIRING A MODIFICATION
TO THE FORM. WHAT THIS NEGOTIATED CHAPTER AMENDMENT BEFORE US
PRESENTLY DOES, IT ADDRESSES THE -- THE ISSUE OF WHO WOULD BE THE
WITNESS TO -- TO VALIDIFY AND -- AND EXECUTE A POWER -- AND EXECUTE A
POWER OF ATTORNEY FORM. SO THIS BILL BEFORE US NOW WILL REQUIRE TWO
DISINTERESTED WITNESSES TO SIGN, AS IS REQUIRED FOR THE EXECUTION OF WILLS
AND HEALTHCARE PROXIES. THE PRIOR -- THE MAIN BILL THAT WE'RE AMENDING
AND THIS CHAPTER AMENDMENT AMENDS ONLY REQUIRED ONE WITNESS, AND
THERE WAS NOT SPECIFIC LANGUAGE THAT PREVENTED A DISINTERESTED PERSON
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FROM BEING THAT WITNESS. FOR EXAMPLE, IT DID NOT PROHIBIT THE AGENT OR
SOMEONE WHO WOULD RECEIVE A GIFT. SO WE -- THIS AMENDMENT WILL HELP
ENSURE THAT THE ELDERLY AND DISABLED POPULATION IS PROTECTED FROM FRAUD
AND ABUSE. THERE'S ANOTHER SUBSTANTIAL -- SUBSTANTIATIVE AMENDMENT.
WE ALSO -- THE -- THE MAIN BILL THAT WE ADOPTED REQUIRED A THIRD-PARTY TO
ACCEPT OR REJECT THE POWER OF ATTORNEY SHORT FORM WITHIN TEN BUSINESS
DAYS AFTER IT'S PRESENTED. AND THERE WAS CONCERN FROM THE DEPARTMENT
OF HEALTH THAT STATE-BASED MEDICAID EXCHANGE AND LOCAL SERVICE --
SOCIAL SERVICES DEPARTMENTS, PARTICULARLY NEW YORK CITY, WOULDN'T BE
ABLE TO PROCESS THE APPLICATIONS WITHIN THE -- THE TEN DAYS.
SO THOSE ARE THE -- THERE ARE SOME OTHER SHORT, VERY
TECHNICAL IN NATURE AMENDMENTS, BUT THOSE ARE THE TWO SUBSTANTIAL
AMENDMENTS. I'D BE HAPPY TO ANSWER ANY QUESTIONS REGARDING THAT.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WILL THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL
YOU YIELD?
MS. WEINSTEIN: CERTAINLY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. WEINSTEIN: YES, OF COURSE.
MR. GOODELL: THANK YOU VERY MUCH, MS.
WEINSTEIN. AS I RECALL, LAST YEAR WHEN WE VOTED ON THIS THERE WAS A LOT
OF CONCERN BECAUSE IT WOULD ALLOW A POWER OF ATTORNEY TO BE SIGNED BY
SOMEBODY OTHER THAN THE PRINCIPAL, MEANING THE POWER OF ATTORNEY
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NYS ASSEMBLY MARCH 10, 2021
WOULDN'T BE SIGNED BY THE PERSON WHO WAS GIVING THE POWER OF
ATTORNEY. THE BILL LAST YEAR WOULD ALLOW THE POWER OF ATTORNEY TO BE
SIGNED BY SOMEBODY OTHER THAN THE PRINCIPAL. THAT'S STILL THE CASE WITH
THIS AMENDMENT, CORRECT?
MS. WEINSTEIN: CORRECT. BUT THE WITNESSES NOW
MUST BE TWO DISINTERESTED INDIVIDUALS. THAT WAS THE INSTRUCTION OF THE
PRINCIPAL.
MR. GOODELL: SO LAST YEAR THERE WAS A CONCERN
THAT IF YOU HAD A DISABLED SENIOR THEN WITHOUT THE DISABLED SENIOR'S
KNOWLEDGE THAT A GREEDY RELATIVE, FOR EXAMPLE, COULD SIGN A POWER OF
ATTORNEY ON BEHALF OF THE DISABLED PERSON, GIVING THEMSELVES THE POWER
TO MAKE GIFTS. AND THE GREEDY RELATIVE COULD THEN HAVE THEIR BEST
FRIEND BE A WITNESS. THAT WAS A CONCERN THAT WAS RAISED LAST YEAR.
NOW WHAT YOU'RE SAYING IS THEY WOULD HAVE TO HAVE THEIR BEST FRIEND
AND THEIR BEST FRIEND'S SPOUSE WITNESS IT, NOT JUST THEIR BEST FRIEND?
WOULD THAT THEN ADDRESS THIS CONCERN?
MS. WEINSTEIN: THE WITNESSES NEED TO BE -- I
UNDERSTAND WHAT YOU'RE SAYING, BUT THE WITNESSES WOULD NEED TO BE TWO
DISINTERESTED INDIVIDUALS.
MR. GOODELL: SO AS LONG AS YOUR BEST FRIEND
WHO'S WITNESSING THIS AND YOUR BEST FRIEND'S SPOUSE ARE NOT OTHERWISE
RELATED, THAT'S OKAY, THEN?
MS. WEINSTEIN: THIS AMENDMENT, MR. GOODELL,
WAS A RESULT OF DISCUSSIONS WITH VARIOUS ADVOCACY GROUPS ON BEHALF --
ON BEHALF OF THE DISABLED, SENIOR POPULATIONS, AND THEY FEEL THAT THIS
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AMENDMENT WILL PREVENT ANY KIND OF -- OF FRAUD AND WILL PROTECT THE
PRINCIPAL FROM FRAUD AND ABUSE.
MR. GOODELL: NOW, LAST YEAR, AS YOU KNOW, A
POWER OF ATTORNEY HAS TO BE ACKNOWLEDGED, WHICH MEANS IT HAS TO BE
SIGNED BY A NOTARY PUBLIC, AND THIS BILL AMENDS IT TO SAY THAT THE NOTARY
PUBLIC CAN ALSO BE A WITNESS. IS THAT CORRECT? I'M LOOKING AT THE FIRST
PAGE, LINE 17 -- 16, 17 AND 18.
MS. WEINSTEIN: UNFORTUNATELY, I DO NOT HAVE THE
BILL IN FRONT OF ME.
MR. GOODELL: IT -- IT READS, THE PERSON WHO TAKES
THE ACKNOWLEDGEMENT UNDER THIS PARAGRAPH MAY ALSO SERVE AS ONE OF
THE WITNESSES.
MS. WEINSTEIN: IF THEY ARE A DISINTERESTED
INDIVIDUAL.
MR. GOODELL: SO, LAST YEAR THE CONCERN WAS THAT A
GREEDY RELATIVE OR FRIEND HAS THEIR BEST FRIEND AS A WITNESS AND THAT'S
THEN NOTARIZED AND THE NOTARY ONLY IDENTIFIES THE IDENTITY OF THE FRIEND.
AND THIS AMENDMENT THEN SAYS -- AND THAT SAME NOTARY CAN BE THE
SECOND WITNESS AS WELL. AND THEN THERE'S THE SECOND WITNESS
ACKNOWLEDGED -- WELL, I GUESS THE SECOND WITNESS, WHICH IS THE NOTARY,
WOULD JUST ACKNOWLEDGE THAT THE -- THE SUBSTITUTE PRINCIPAL, IF YOU WILL,
THE GREEDY RELATIVE, IS THE ONE THAT SIGNS, RIGHT? WE'RE JUST VERIFYING
THEIR IDENTITY.
MS. WEINSTEIN: THIS CHAPTER AMENDMENT DOES
NOT ADDRESS THE ISSUE THAT YOU RAISED.
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MR. GOODELL: AGAIN, THANK YOU VERY MUCH, MS.
WEINSTEIN.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: WE SEE POWERS OF ATTORNEYS ALL THE
TIME. AND UNDER THE OLD LAW, THE POWER OF ATTORNEY HAD TO BE SIGNED
BY THE PERSON WHO WAS APPOINTING SOMEBODY ELSE TO ACT AS -- AS THEIR
AGENT. AND THAT SIGNATURE DIDN'T HAVE TO BE A LEGIBLE SIGNATURE, IT -- IT
COULD LOOK LIKE THE SIGNATURE YOU TYPICALLY SEE BY A DOCTOR. I'M JUST
MAKING FUN OF DOCTORS. I MEAN, IT COULD BE --
MS. WEINSTEIN: DID YOU HEAR HIS QUESTION?
MR. GOODELL: -- IT COULD -- IT COULD BE AN X. IT
COULD BE A SQUIGGLE. IT COULD BE ANYTHING. AND SO LAST YEAR WE SAID
THE POWER OF ATTORNEY DOESN'T EVEN NEED TO BE SIGNED BY THE PERSON
WHO PURPORTS TO GIVE AWAY ALL THEIR AUTHORITY TO A THIRD-PARTY. THE
POWER OF ATTORNEY UNDER THE BILL LAST YEAR COULD BE SIGNED BY A GREEDY
RELATIVE OR A NEIGHBOR OR ANYONE ELSE, AS LONG AS IT'S WITNESSED BY AT
LEAST THAT PERSON'S BEST FRIEND. AND UNDER THIS BILL, AS LONG AS IT'S
WITNESSED BY THE BEST FRIEND AND THE NOTARY. THIS IS JUST AN INVITATION
FOR FRAUD. AND I APPRECIATE THE -- THE -- THAT WE'VE PUT A LITTLE BIT OF
POLISH ON THE FIRST BILL, BUT THIS IS JUST AN INVITATION FOR FRAUD. AND FOR
THOSE OF US WHO'VE BEEN IN THE LEGAL FIELD, UNFORTUNATELY, WE'VE SEEN
THIS KIND OF THING HAPPEN IN THE PAST. AND SO I'M NOT -- WHILE I
APPRECIATE THAT WE NOW ALLOW THE NOTARY TO ALSO SERVE AS A WITNESS, IT'S
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NOT A SIGNIFICANT CHANGE AND -- AND IT'S JUST A VERY, VERY DANGEROUS
SITUATION WHEN WE ALLOW SOMEONE ELSE TO GIVE THEMSELVES THE POWER TO
GIVE AWAY THE ASSETS OF SOMEONE WHO IS DEAD. SOMEONE ELSE, WHO BY
THE TERMS OF THIS, CAN'T EVEN MAKE A SQUIGGLE, CAN'T EVEN MAKE A MARK,
CAN'T EVEN MAKE AN X.
A VERY DANGEROUS SITUATION AND I'LL BE RECOMMENDING
THAT MY COLLEAGUES VOTE AGAINST IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 888. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR
CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY
LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MS. WEINSTEIN TO EXPLAIN HER VOTE.
MS. WEINSTEIN: YES, THANK YOU, MR. SPEAKER. I
WOULD JUST SAY THAT THERE IS NO PERFECT SOLUTION. BUT WE DO NEED A
REASONABLY SECURE WAY FOR AGENTS TO ACT ON BEHALF OF PRINCIPALS, AND
THIS AMENDMENT GOES A LONG WAY TOWARDS IMPROVING THE SITUATION AND
TO FURTHER ENSURE THAT THE ELDERLY AND DISABLED POPULATION IS PROTECTED
FROM FRAUD AND ABUSE.
I WOULD URGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: MS. WEINSTEIN IN THE
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AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF I CAN
REMIND COLLEAGUES THIS IS A PARTY VOTE IN THE AFFIRMATIVE. SO COLLEAGUES
WISHING TO BE AN EXCEPTION SHOULD CONTACT THE MAJORITY LEADER'S OFFICE
AND WE WILL DULY RECORD YOUR VOTE.
ACTING SPEAKER AUBRY: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. SO, I WOULD
LIKE TO REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE IN THE NEGATIVE. BUT IF THERE ARE ANY
MEMBERS WHO WISH TO VOTE IN THE AFFIRMATIVE, THEY SHOULD CONTACT THE
OFFICE AS SOON AS POSSIBLE.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU,
ASSEMBLYWOMAN.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUES WALLACE -- MS. WALLACE, MS.
WOERNER AND MS. BUTTENSCHON IN THE NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, MRS. PEOPLES-STOKES.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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THE CLERK: SENATE NO. S02557, CALENDAR NO.
125, SENATOR HARCKHAM (A02684, GALEF, ZINERMAN, OTIS). AN ACT TO
AMEND THE PUBLIC SERVICE LAW, IN RELATION TO INCLUDING NUCLEAR POWER
REACTORS AS PART OF THE DEFINITION OF "ELECTRIC PLANT"; TO PROVIDE FOR
EMPLOYEES OF THE INDIAN POINT NUCLEAR POWER PLANT TO BE PAID CERTAIN
WAGES IN THE EVENT SUCH PLANT IS SOLD, TRANSFERRED OR LEASED; AND TO
REPEAL CERTAIN PROVISIONS OF THE LABOR LAW AND THE PUBLIC SERVICE LAW
RELATING THERETO.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MRS. GALEF.
MRS. GALEF: HELLO, EVERYONE. THE CHAPTER
AMENDMENT BASICALLY ADDRESSES THE SAME ISSUES THAT WE VOTED ON IN
JUNE, WHICH IS PROTECTING THE EMPLOYEES AT INDIAN POINT WITH
PREVAILING WAGE, AND ALSO THAT EXISTING COLLECTIVE BARGAINING CONTRACTS
WILL APPLY IF AND WHEN A NEW OWNER COMES TO DECOMMISSION THE
NUCLEAR PLANTS. WHAT HAS HAPPENED IS WHEN WE PASSED THE LEGISLATION
IN JUNE IT WAS A PART OF THE LABOR LAW, AND NOW IT'S BEEN MOVED TO THE
UNCONSOLIDATED LAW. AND THERE IS AN -- AN ADDITION TO AMEND THE LAW
TO SAY THAT THE DEFINITION OF -- OF AN ELECTRIC PLANT, WHICH IS ALREADY IN
THE LAW, ALSO INCLUDES ALL OF THE FORMER NUCLEAR POWER SITES, WHICH
INCLUDES THE REACTORS AND ALL THE OTHER SYSTEMS AND STRUCTURES AND FUEL
AND WASTE FACILITIES THAT ARE A PART OF A PLANT. IT'S NOT THAT WE'VE HAD --
THIS IS THE FIRST TIME WE'VE ACTUALLY HAD A NUCLEAR PLANT CLOSURE IN NEW
YORK STATE WITH INDIAN POINT 2 AND 3 CLOSING, ALTHOUGH INDIAN POINT 1
CLOSED A LONG TIME AGO.
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ACTING SPEAKER AUBRY: MR. PALMESANO.
MR. PALMESANO: YES, THANK YOU, MR. SPEAKER.
THANK YOU, MR. SPEAKER. WILL MRS. GALEF YIELD FOR A FEW QUESTIONS,
PLEASE?
MRS. GALEF: ABSOLUTELY, BECAUSE WE ALWAYS HAVE
A DEBATE ON THIS.
ACTING SPEAKER AUBRY: MRS. GALEF YIELDS,
MR. PALMESANO.
MR. PALMESANO: WELL, SANDY, WHENEVER WE
SPEAK IT'S ALWAYS VERY CORDIAL, POLITE AND INFORMATIVE, SO I REALLY
APPRECIATE IT AND APPRECIATE TO HAVE THE ABILITY TO DISCUSS THIS WITH YOU.
I REALLY HAVE A LOT OF QUESTIONS. JUST A POINT OF CLARIFICATION, I THINK
YOU BROUGHT IT UP JUST FOR THOSE LISTENING. YOU MENTIONED HOW THIS BILL
ADDS -- CHANGES THE DEFINITION OF AN ELECTRIC PLANT WITHIN THE PUBLIC
SERVICE LAW TO ADD THESE RETIRED NUCLEAR POWER REACTORS AND THEIR
ASSOCIATED PROPERTY, IS THAT CORRECT, JUST TO REAFFIRM THAT?
MRS. GALEF: THAT'S RIGHT.
MR. PALMESANO: AND I KNOW THE DEFINITION OF AN
ELECTRIC PLANT APPEARS WITHIN THE DEFINITION OF ELECTRIC CORPORATION, AND
THAT IS A WAY WHERE -- WHICH UNDER THAT PART OF THE LAW GIVES THE PUBLIC
SERVICE [SIC] THE ABILITY TO EXERT JURISDICTION OVER UTILITIES UNDER THE
CURRENT PUBLIC SERVICE LAW, RIGHT?
MRS. GALEF: THAT'S RIGHT.
MR. PALMESANO: SO, BASICALLY, WHAT YOU'RE
LOOKING TO DO HERE IS TO TRY AND ASSERT MORE AUTHORITY FOR THE STATE WITH
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THE DECOMMISSION OF INDIAN POINT TO ALLOW THEM TO HAVE MORE INPUT
AND SAY IN THAT PROCESS VERSUS LETTING THE FEDERAL GOVERNMENT, WHICH
REALLY HAS THE ULTIMATE SAY THROUGH THE NUCLEAR REGULATORY
COMMISSION. IS THAT REALLY WHAT YOU'RE TRYING TO DO WITH THIS
LEGISLATION (INAUDIBLE).
MRS. GALEF: THAT'S WHAT WE'RE TRYING TO DO. THE
NRC, WE KNOW WHEN -- WHEN PLANTS CLOSE, MONITOR THE PLANTS VERY
INFREQUENTLY. IT'S AS IF THEY NO LONGER EXIST. BUT WE KNOW THEY EXIST,
AND THEY EXIST IN MY ASSEMBLY DISTRICT. AND YOU HAVE ENVIRONMENTAL
ISSUES, YOU HAVE WORKFORCE ISSUES. YOU HAVE OTHER -- OTHER TYPES OF
CONCERNS, FISCAL CONCERNS. YOU KNOW, WE HAVE A DECOMMISSIONING
FUND. THERE -- THERE NEEDS TO BE -- AND WE HAVE THE HUDSON RIVER, SO
WE'VE GOT ENVIRONMENTAL ISSUES THAT WAY. SO THERE'S A LOT OF OVERSIGHT.
AND, YOU KNOW, THIS -- WE REALLY -- THE LAW DIDN'T ANTICIPATE, I GUESS,
WHEN IT WAS PUT INTO EXISTENCE THAT WE WOULD -- PLANTS, NUCLEAR PLANTS
THAT WERE DECOMMISSIONING AT THAT POINT. SO IT JUST -- IT STILL IS A PLANT,
IT'S STILL GOT SPENT FUEL RODS. THEY MAY BE THERE FOR A VERY LONG TIME
AND WE JUST WANT TO BE SURE THAT THE PSC DOES HAVE OVERSIGHT. THEY'VE
ACTUALLY -- THEY'VE HAD A HEARING RECENTLY ABOUT THE OWNERSHIP OR THE
TRANSFER OF OWNERSHIP AT INDIAN POINT. THEY WILL BE PUTTING TOGETHER A
DECOMMISSIONING OVERSIGHT BOARD ON A STATE LEVEL TO REVIEW WHAT'S
HAPPENING AT -- AT INDIAN POINT SO -- SO THAT WE'RE SAFE AND PROTECTED.
IT'S VERY IMPORTANT TO MY DISTRICT.
MR. PALMESANO: SURE, I CAN UNDERSTAND THAT,
SANDY. AND I CAN APPRECIATE WHAT YOU'RE DOING WITH THIS. I JUST
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WANTED A QUESTION JUST TO CLARIFY. YOU DID SAY THIS LEGISLATION, THE
LEGISLATION THAT WAS SIGNED INTO LAW LAST YEAR AND NOW WILL CONTINUE, IT
WOULD REQUIRE THE PAYMENT OF PREVAILING WAGES FOR THE EMPLOYEES THAT
ARE WORKING AT THAT PLANT UNDER A PRIVATE COMPANY, CORRECT?
MRS. GALEF: THAT'S RIGHT. AND, YOU KNOW, WE'VE
KNOWN -- SINCE THIS -- THE LAST FEW MONTHS THERE WERE OVER 1,000
EMPLOYEES AT INDIAN POINT AND AT THE TWO NUCLEAR PLANTS. THE SECOND
ONE IS GOING TO CLOSE AT THE END OF APRIL. AND, YOU KNOW, A NUMBER OF
THE EMPLOYEES HAVE DECIDED TO MOVE SOUTH, SO THERE ARE FEWER
EMPLOYEES. SOME HAVE DECIDED TO RETIRE SO THAT THE POOL OF PEOPLE THAT
WILL REMAIN HOPEFULLY WILL BE ABLE TO HAVE -- CONTINUE TO HAVE JOBS
THROUGH THE DECOMMISSIONING AND BE PAID -- YOU KNOW, BE PAID THE
WAGES THAT THEY ARE PAID NOW. ACTUALLY, THE COMPANY ITSELF, THERE IS A
COMPANY THAT MAY BE THE DECOMMISSIONING COMPANY. THEY'VE ALREADY
INDICATED THAT THEY WOULD PROVIDE A PREVAILING WAGE.
MR. PALMESANO: SURE. I APPRECIATE THAT. THANK
YOU, SANDY, FOR YOUR TIME AND ANSWERING THE QUESTIONS AND
CLARIFICATION.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. PALMESANO: YES, MR. SPEAKER AND MY
COLLEAGUES. FIRST AND FOREMOST I JUST WANT TO COMMEND THE SPEAKER
[SIC] ON HER PASSION AND IN HER COMMITMENT AND FIGHTING FOR HER
DISTRICT. I CERTAINLY UNDERSTAND WHERE SHE'S COMING FROM FROM THIS
LEGISLATION AND WHAT SHE'S TRYING TO DO. I DO HAVE CONCERNS WITH IT. I
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NYS ASSEMBLY MARCH 10, 2021
VOTED AGAINST IT THIS YEAR AND I'M GOING TO VOTE AGAINST IT AGAIN -- AGAIN
THIS YEAR JUST BECAUSE OF THE SAME CONCERNS THAT ARE STILL THERE. I
CERTAINLY UNDERSTAND THE COMMUNITY AND THE STATE WANT TO HAVE -- BE
INVOLVED IN -- IN THIS PROCESS. THEY SHOULD BE INVOLVED IN THE PROCESS.
BUT -- AND ESPECIALLY IF THEY WANT TO KNOW, THEY WANT TO BE INVOLVED IN
THE DECOMMISSIONING PROCESS, HOW THE MONEY IS SPENT, HOW THAT --
HOW THAT WORKS, HOW THE CLEANUP HAPPENS. AND I THINK THERE SHOULD
BE FEEDBACK AND INPUT FROM THAT PERSPECTIVE. HOWEVER, I THINK WITH
THE CHANGE IN THE LAW THAT THEY'RE ATTEMPTING TO MAKE HERE TO TRY TO PUT
IT INTO THE PUBLIC SERVICE LAW, TRYING TO INSERT JURISDICTION OVER THE
DECOMMISSIONING PROCESS I THINK IS VERY CLEAR UNDER THE LAW THAT THIS
WOULD BE PREEMPTED BY FEDERAL LAW, THAT THE NUCLEAR REGULATORY
COMMISSION HAS THAT AUTHORITY AND JURISDICTION TO OVERSEE AND REGULATE
THE DECOMMISSIONING OF INDIAN POINT NUCLEAR FACILITY AND OTHER
FACILITIES. SO I THINK FROM THAT PERSPECTIVE I THINK THAT'S -- THAT'S
PROBLEMATIC WHAT'S GOING ON HERE. AND LET ME JUST -- JUST FOR THE
RECORD LET ME SAY I THINK IT'S UNFORTUNATE THAT INDIAN POINT IS EVEN
CLOSING IN THE FIRST PLACE. THIS ADMINISTRATION DID NOT WORK WITH THE
COMPANY AFTER FEDERAL APPROVALS HAD COME THROUGH SEVERAL YEARS AGO
AND WHY THEY WERE ASKING FOR THOSE APPROVALS. AND UNFORTUNATELY, IT
BASICALLY FORCED ITS HAND WITH THE MARKET TO CLOSE THEIR DOORS, THEREBY
ELIMINATING A CLEAN, ZERO-EMITTING 2,000 MEGAWATT FACILITY THAT
PROVIDES A RELIABLE SOURCE OF ENERGY TO NEW YORK CITY AND OUR OVERALL
ELECTRIC GRID AND PORTFOLIO.
MY OTHER CONCERN WITH THIS LEGISLATION IS I THINK THE
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PRECEDENT IT -- IT SETS. AGAIN, I UNDERSTAND, AND, YOU KNOW, MRS. GALEF,
THE SPONSOR, MENTIONED THAT THE COMPANY HAS INDICATED THAT THEY ARE
GOING TO BE PAYING -- PAYING PREVAILING WAGES AND WAGES TO THEIR
EMPLOYEES AND THEY SHOULD. THAT'S NOT THE ARGUMENT. MY PROBLEM
WITH THIS LEGISLATION IS THIS BILL REQUIRES -- IT SETS A DANGEROUS PRECEDENT
BECAUSE IT -- IT IS A PRIVATE COMPANY. THERE ARE NO SUBSIDIES BEING
PROVIDED TO THIS COMPANY. USUALLY THE PREVAILING WAGE IS PUT IN PLACE
WHERE THERE ARE DIRECT SUBSIDIES FROM THE STATE GOING TO A COMPANY OR
FOR A PROJECT. LIKE, SAY, RENEWABLE ENERGY PROJECTS THROUGH THE --
THROUGH THE (INAUDIBLE) OR THE NUCLEAR FACILITIES UPSTATE THAT ARE GETTING
THROUGH THE SUBSIDIES FROM THAT PROCESS. THAT WOULD BE DIFFERENT. BUT
INDIAN POINT HAS NEVER RECEIVED SUBSIDIES, IS NOT RECEIVING ANY
SUBSIDIES. AND IT'S A PRIVATE COMPANY, IT'S A PRIVATE TRANSACTION. AND I
THINK THE FACT THAT WHEN YOU'RE PUTTING A MANDATE ON A PRIVATE INDUSTRY
AND A PRIVATE BUSINESS WHERE THEY REALLY -- REALLY DON'T HAVE THE
JURISDICTION TO DO SO, I THINK IT JUST SETS A VERY DANGEROUS PRECEDENT. IT
SENDS THE WRONG MESSAGE TO THE PRIVATE SECTOR, THE VERY PEOPLE WE
WANT TO INVEST IN OUR ECONOMY, ESPECIALLY RIGHT NOW WITH THE CLOSURES,
RESTRICTIONS AND SHUTDOWNS WE'VE HAD AND EXPERIENCED. BECAUSE I
THINK IF A BUSINESS IS LOOKING AT THIS HERE -- AND I KNOW WE HAVE
ATTEMPTED -- THIS BODY HAS ATTEMPTED THROUGH OTHER ACTIONS TO TRY TO PUT
PREVAILING WAGE IN PLACE ON PRIVATE BUSINESSES AND TAKEN CONTINUOUS
STEPS TO DO THAT. AGAIN, YOU -- YOU -- YOU'RE ATTEMPTING IT, YOU MAYBE
THINK YOU CAN. BUT I THINK THE -- THE DANGER IN THIS IS SENDING A VERY
STRONG MESSAGE TO THE PRIVATE SECTOR THAT, WE DON'T WANT YOUR
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NYS ASSEMBLY MARCH 10, 2021
INVESTMENT. AND WHY WOULD THEY INVEST? IF THEY SAY -- IF THEY LOOK AT
WHAT WE'RE DOING HERE TO A PRIVATE BUSINESS THAT HAS RECEIVED NO DIRECT
SUBSIDIES, BUT WE'RE PUTTING A MANDATE OF PREVAILING WAGE ON A PRIVATE
BUSINESS. THEY'RE GOING TO SAY, WELL IF WE CAN DO IT TO THEM, YOU CAN
DO IT TO US. SO THAT DOESN'T PROVIDE CERTAINTY AND A GREAT DEAL OF
CONFIDENCE IN THE VERY PEOPLE THAT WE WANT AND CERTAINLY NEED TO INVEST
IN OUR ECONOMY TO CREATE JOBS, CREATE PRIVATE-SECTOR JOBS WHICH WILL
CREATE REVENUE SO WE CAN PAY FOR OUR IMPORTANT PROGRAMS. I JUST THINK
THAT TYPE OF APPROACH IS THE WRONG APPROACH, AND I THINK THAT WITH
EFFORTS LIKE THIS, I JUST -- AGAIN, NO -- NO DISRESPECT TO THE SPONSOR. I
HAVE THE UTMOST RESPECT FOR HER AND WHY SHE'S TRYING TO DO THIS. SHE'S
TRYING TO PROTECT HER EMPLOYEES, HER WORKERS, AND I THINK THAT'S A GOOD
THING WHAT SHE'S DOING. I THINK THIS COULD'VE BEEN DONE WITHOUT
CHANGE, BASICALLY SETTING THIS MANDATE IN PLACE THAT CAN SEND THE
MESSAGE AGAIN TO THE PRIVATE SECTOR THAT NEW YORK STATE HAS THE ABILITY
AND WILL ATTEMPT TO MANDATE PREVAILING WAGE ON YOU, THAT YOU HAVE TO
PAY YOUR EMPLOYEES PREVAILING WAGE NO MATTER WHAT, REGARDLESS OF
WHETHER YOU'RE RECEIVING GOVERNMENT SUBSIDIES FROM THE STATE OF NEW
YORK. YOU WILL NOW BE SUBJECT TO A PREVAILING WAGE MANDATE FROM THE
STATE OF NEW YORK. I THINK THAT'S WHAT THIS LEGISLATION DOES BY OPENING
UP FOR A PRIVATE BUSINESS TO BE MANDATED UPON BY THE STATE OF NEW
YORK.
SO FOR THESE REASONS, FOR THE PREEMPTION REASONS I
MENTIONED, A LOT FOR THIS REASON. YOU KNOW, PUTTING A MANDATE ON A
PRIVATE BUSINESS WITH NO SUBSIDIES. FOR THAT REASON, AGAIN, I'LL BE
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NYS ASSEMBLY MARCH 10, 2021
VOTING -- ALTHOUGH, AGAIN, WITH MUCH DUE RESPECT TO THE SPONSOR WHO'S
A FIGHTER FOR HER DISTRICT AND I APPRECIATE IT -- I WILL BE VOTING AGAINST
THIS BILL AND I WOULD ENCOURAGE MY COLLEAGUES TO DO THE SAME.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 2557. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR
CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY
LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE VOTING NO ON THIS BILL, WHICH IS CALENDAR
NO. 125, A.2684. IF A MEMBER WOULD LIKE TO VOTE YES, PLEASE CONTACT
THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY WILL BE VOTING IN THE AFFIRMATIVE ON THIS ONE. IF
THERE ARE MEMBERS WHO DESIRE TO VOTE OTHERWISE, PLEASE CONTACT THE
MAJORITY LEADER'S OFFICE AND WE WILL SO RECORD YOUR VOTE.
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NYS ASSEMBLY MARCH 10, 2021
ACTING SPEAKER AUBRY: THANK YOU.
MR. BYRNE.
(THE CLERK RECORDED THE VOTE.)
MR. BYRNE: THANK YOU, MR. SPEAKER. TO EXPLAIN
MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MR. BYRNE: THANK YOU, MR. SPEAKER. I WANT TO
THANK THE SPONSOR FOR INTRODUCING THIS BILL. THIS HAS ACTUALLY BEEN IN
THE WORKS, I BELIEVE, FOR A NUMBER OF YEARS SINCE WE FIRST LEARNED ABOUT
THE DECISION ON FOR INDIAN POINT'S PLANNED CLOSURE. WE DIDN'T LEARN THE
WAY WE WANTED. IT WAS SHOCKING NEWS. I'VE ALWAYS BEEN TRADITIONALLY
A SUPPORTER OF THE PLANT, FOR THE 1,000-PLUS JOBS IT PROVIDES, ALONG WITH
THE 2,000-PLUS MEGAWATTS OF ENERGY IT PROVIDES TO OUR ENERGY GRID.
AND I THINK ALL THE POINTS MADE BY MY COLLEAGUE FROM THE SOUTHERN
TIER ARE VERY WELL-MADE, BUT THIS CERTAINLY HITS CLOSE TO HOME. I DON'T
REPRESENT THE ACTUAL POWER PLANT ITSELF, THAT'S THE SPONSOR. BUT I AM
VERY CLOSE TO IT. PUTNAM VALLEY IS LESS THAN 15 MINUTES AWAY FROM THE
PLANT, WHICH IS THE TOWN I REPRESENT IN PUTNAM COUNTY. A LOT OF THEIR
EMPLOYEES THAT HAVE WORKED IN THE PLANT FOR -- FOR DECADES DON'T EVEN
LIVE IN WESTCHESTER. THEY LIVE IN PUTNAM, THEY LIVE IN DUTCHESS. AND
I AM PLEASED THAT THE COMPANY THAT IS LIKELY TO CONTINUE WITH THE
DECOMMISSIONING HAS MADE THOSE AGREEMENTS WITH THE EMPLOYEES THAT
THEY'LL BE PAID NO LESS THAN PREVAILING WAGE. AND I THINK ACTUALLY A LOT
OF THE EMPLOYEES NOW GET PAID ABOVE PREVAILING WAGE BECAUSE OF THE
VERY SPECIFIC NATURE AND SKILLS THAT ARE REQUIRED TO DO THIS TYPE OF JOB.
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NYS ASSEMBLY MARCH 10, 2021
SO, AGAIN, I UNDERSTAND THE CONCERNS THAT WERE
EXPRESSED, BUT THIS IS SOMETHING THAT DOES DEFINITELY AFFECT THE PEOPLE
THAT LIVE IN MY DISTRICT AS WELL. I -- I THINK PREVIOUS VERSIONS MAY HAVE
BEEN POCKET VETOED BY THE GOVERNOR, SO I KNOW THERE WAS A
CONSIDERABLE AMOUNT OF WORK THAT WAS PUT INTO THIS BY THE SPONSOR, THE
CURRENT SENATOR FOR THE AREA AND THE PREVIOUS SENATOR, TERRENCE
MURPHY.
SO I WANT TO -- I WANT TO THANK THEM AGAIN AND I WILL
BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BYRNE IN THE
AFFIRMATIVE.
MR. BURDICK.
MR. BURDICK: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MR. BURDICK: I WISH TO APPLAUD THE SPONSOR FOR
THIS THOUGHTFUL LEGISLATION. AND I HAVE TO SAY THAT REPRESENTING A
PORTION OF WESTCHESTER COUNTY, THERE WAS JUST PALPABLE RELIEF WHEN THE
DECISION WAS ANNOUNCED TO CLOSE INDIAN POINT. YES, THERE WERE SOME
CONCERN. CONCERN AMONG EMPLOYEES, CONCERN ABOUT ALTERNATIVE
ELECTRICITY SOURCES. AND I THINK ALL OF THOSE CONCERNS HAVE BEEN
ADDRESSED EXTREMELY WELL. THERE WAS SUBSTANTIAL LEAD TIME, AND THOSE
EFFORTS HAVE BEEN FRUITFUL IN PROVIDING ALTERNATIVE SOURCES OF ELECTRICITY
AND CONSIDERATION FOR THE WORKERS. I SEE THIS VERY MUCH AS A HOME
RULE MEASURE TO PROTECT THE EMPLOYEES THAT ARE WORKING THERE.
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NYS ASSEMBLY MARCH 10, 2021
I APPLAUD, AGAIN, THE PERSISTENT EFFORTS OF
ASSEMBLYWOMAN GALEF AND WILL BE VOTING IN THE AFFIRMATIVE. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
MRS. GALEF.
(PAUSE)
MRS. GALEF -- YOU NEED TO UNMUTE MRS. GALEF.
(PAUSE)
ARE THERE ANY OTHER VOTES?
MRS. GALEF: I'M SORRY, I DIDN'T GET UNMUTED. I JUST
WANTED TO -- JUST TO, YOU KNOW, EXPRESS MY THANKS TO ALL THAT HAVE BEEN
INVOLVED IN THIS ISSUE. YES, THERE WERE A LOT OF NEGOTIATIONS THAT WENT
ON AND WE HAVE A LOT OF DIFFERENT VIEWS ABOUT INDIAN POINT. I WAS
NEVER ONE-SIDED TO SAY TO CLOSE THE NUCLEAR PLANT, BUT, YOU KNOW, IT -- IT
DID HAVE ITS LIMITATION ON -- ON THE ECONOMIC VALUE THAT THEY PRESENTED.
BUT I DID WANT TO JUST MENTION A FEW THINGS. WE HAVE SET PRECEDENT
ABOUT BEING INVOLVED WITH A NON-PUBLIC ENTITY. WE DID THAT IN -- IN THE
'20-'21 BUDGET WHERE WE DID PREVAILING WAGE FOR BUILDING SERVICES
EMPLOYEES AT CERTAIN UTILITY FACILITIES BECAUSE WE WERE CONCERNED ABOUT
PROTECTING THOSE FACILITIES FROM TERRORISM AND SO ON. WE HAVE ALSO
DONE THAT WITH CASINOS, WHICH WE -- ARE NOT PUBLIC FACILITIES. BUT WE
HAVE HAD PUBLIC -- PREVAILING WAGE FOR CAPITAL PROJECTS. WE'VE ALSO
DONE THAT FOR THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT.
AND, YOU KNOW, WE HAVE SUBSIDIZED INDIRECTLY THE COMPANY ENTERGY
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NYS ASSEMBLY MARCH 10, 2021
WHEN THEY WANTED TO SELL THEIR PLANTS UPSTATE TO EXELON. WE, IN OUR
AREA, ARE CONTRIBUTING $2.3 BILLION IN SURCHARGE OVER A PERIOD OF TIME,
SO THERE HAS BEEN SOME SUBSIDIES. I THINK THAT THE MOST IMPORTANT THING
IS THAT WE HAVE THE BEST WORKERS AT INDIAN POINT THROUGHOUT THE
DECOMMISSIONING. WE WANT THE MOST SKILLED PEOPLE. WE WANT THE
PEOPLE THAT HAVE BEEN THERE FOR A LONG TIME, PROVIDED THE SECURITY,
KNOW THE PLANTS, KNOW -- KNOW THE GROUNDS. AND -- AND BY HAVING
PEOPLE CONTINUE IN THEIR POSITIONS AT PREVAILING WAGE IS GOING TO BE
VERY HELPFUL FOR THE SAFETY OF OUR COMMUNITIES AND THE SAFETY AT THE
PLANT AND THE SAFETY FOR ALL OF US IN THE METROPOLITAN REGION.
THANK YOU VERY MUCH. I VOTE YES.
ACTING SPEAKER AUBRY: MRS. GALEF IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICANS ALSO IN THE AFFIRMATIVE ON THIS BILL: MR.
BARCLAY, MR. BRABENEC, MR. DESTEFANO, MR. DURSO, MR. GANDOLFO, MR.
JENSEN, MR. LAWLER, MR. MILLER, MR. REILLY AND MR. SCHMITT.
ACTING SPEAKER AUBRY: SO NOTED.
MR. GOODELL: THANK YOU, SIR.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY MARCH 10, 2021
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
NOW GO BACK TO PAGE 17 ON OUR CALENDAR, WE'RE GOING TO TAKE UP
CALENDAR NO. 149 BY MS. LUNSFORD.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: SENATE NO. S03293, SENATOR RAMOS
(A05475, LUNSFORD, VANEL). AN ACT TO AMEND CHAPTER 461 OF THE
LAWS OF 2017 RELATING TO RECIPROCITY OF DEBARMENTS IMPOSED UNDER THE
FEDERAL DAVIS-BACON ACT, AND RELATING TO A WORK GROUP TO STUDY AND
MAKE RECOMMENDATIONS TO THE LEGISLATURE REGARDING THE APPROPRIATE
PAYMENT OF SUPPLEMENTS TO CONSTRUCTION WORKERS, IN RELATION TO
EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. LUNSFORD, WILL
YOU YIELD?
MS. LUNSFORD: YES, MR. SPEAKER, I WILL YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MS. LUNSFORD. I
APPRECIATE IT. AS YOU KNOW, A FEW YEARS AGO WE PASSED A LAW THAT SAID
THAT IN ADDITION TO ANY COMPANY THAT'S BARRED UNDER FEDERAL LAW FOR NOT
PAYING APPROPRIATE PREVAILING WAGES, WE WOULD NOT ONLY BAR THOSE
COMPANIES IN NEW YORK STATE BUT WOULD BAR ANY AFFILIATED COMPANIES
IN NEW YORK STATE, CORRECT?
MS. LUNSFORD: SUBSTANTIALLY-OWNED AFFILIATED
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NYS ASSEMBLY MARCH 10, 2021
COMPANIES, YES.
MR. GOODELL: SO UNDER THE FEDERAL LAW, IF THERE'S
A BAD ACTOR WHO DOESN'T PAY THE APPROPRIATE WAGE RATES, NOT JUST THE
BAD ACTOR, BUT ANYONE AFFILIATED WITH THE BAD ACTOR IS DISBARRED,
CORRECT?
MS. LUNSFORD: YES, ASSUMING THAT THEY ARE
SUBSTANTIALLY-OWNED.
MR. GOODELL: AND THAT DISBARMENT ON THE
FEDERAL LEVEL IS FOR THREE YEARS?
MS. LUNSFORD: I BELIEVE THAT IS CORRECT, YES.
MR. GOODELL: AND THEN THE FEDERAL GOVERNMENT
PRODUCES A LIST OF COMPANIES THAT ARE DISBARRED AND THEIR AFFILIATES,
CORRECT?
MS. LUNSFORD: CORRECT.
MR. GOODELL: WOULD THIS BILL THEN PROVIDE FOR A
SIX-YEAR DISBARMENT IN NEW YORK STATE OR WOULD IT JUST TAKE THE THREE-
YEAR FEDERAL DISBARMENT AND CONTINUE THE FULL BILL FOR ANOTHER THREE
YEARS?
MS. LUNSFORD: IT IS A SIX-YEAR EXTENSION OF THE
2017 BILL, SO THE LAW, RATHER THAN BEING -- THE LAW IS BEING EXTENDED FOR
SIX YEARS, NOT THE DISBARMENT. ACCORDING TO THIS LAW, YOU ARE DISBARRED
IN NEW YORK STATE FOR AS LONG AS YOU'RE DISBARRED FEDERALLY. SO THE
TIME FRAME FOR THE DISBARMENT IS FEDERAL. THE SIX-YEAR EXTENSION IS FOR
THIS BILL.
MR. GOODELL: NOW AS WE MENTIONED, UNDER
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NYS ASSEMBLY MARCH 10, 2021
FEDERAL LAW NOT JUST THE BAD ACTOR'S DISBARRED, BUT ANYONE AFFILIATED
WITH THE BAD ACTOR, CORRECT?
MS. LUNSFORD: UNDER THE LAW --
MR. GOODELL: FEDERAL.
MS. LUNSFORD: -- UNDER LABOR LAW 220 (G), YES.
MR. GOODELL: AND THEN THIS WOULD DISBAR
COMPANIES THAT ARE SUBSTANTIALLY-OWNED AFFILIATED ENTITIES TO THE
AFFILIATED ENTITY IN FEDERAL GOVERNMENT, CORRECT?
MS. LUNSFORD: CORRECT.
MR. GOODELL: SO WE'RE NOT JUST BARRING ANYONE
WHO'S AFFILIATED WITH A BAD ACTOR, NOW WE'RE BARRING NOT JUST THOSE
AFFILIATED WITH A BAD ACTOR, BUT THOSE AFFILIATED WITH THE AFFILIATES, RIGHT?
MS. LUNSFORD: WELL, THIS ISN'T A CHANGE OF THE
PRIOR LAW. THE PRIOR LAW REMAINS THE SAME, SO THIS ISN'T AN ADDITIONAL
DEBARMENT.
MR. GOODELL: EXCEPT THAT THE PRIOR LAW IS
SUNSETTING.
MS. LUNSFORD: CORRECT.
MR. GOODELL: SO THIS IS THE SAME AS THOUGH WE'RE
ADOPTING A NEW LAW THAT -- RIGHT?
MS. LUNSFORD: WELL, CORRECT. JUST TO BE CLEAR
THAT WE ARE NOT EXPANDING THE 2017 LAW, WE ARE SIMPLY CONTINUING THE
2017 LAW.
MR. GOODELL: NOW IF THE (INAUDIBLE) WEREN'T
FAMILIAR WITH THE DETAILS OF SECTION 2020 [SIC], SUBPARAGRAPH 5(G) OF
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NYS ASSEMBLY MARCH 10, 2021
THE LABOR LAW, THE DEFINITION OF SUBSTANTIALLY-OWNED AFFILIATED ENTITY
INCLUDES ANY ENTITY IN WHICH ONE OR MORE OF THE TOP FIVE SHAREHOLDERS
IS A CONTROLLING PARTY, CORRECT?
MS. LUNSFORD: CORRECT. AMONG OTHER CRITERIA,
BUT YES.
MR. GOODELL: SO LET'S SAY YOU HAVE A COMPANY
AND IT HAS FIVE SHAREHOLDERS. MATHEMATICALLY, AT MOST ONLY ONE OF THEM
IS A MAJORITY SHAREHOLDER, RIGHT?
MS. LUNSFORD: AT MOST.
MR. GOODELL: THE OTHER FOUR CAN'T POSSIBLY BE
MAJORITY SHAREHOLDERS. SO NOW WE'RE DISBARRING COMPANIES OWNED BY
MINORITY SHAREHOLDERS WHO MIGHT NOT EVEN BE ABLE TO CONTROL THE
COMPANY THAT'S BEING DISBARRED, RIGHT?
MS. LUNSFORD: WELL, IF THE --
MR. GOODELL: AND THAT'S THE NATURE OF BEING A
MINORITY. YOU CAN TAKE IT FROM ME, I'M THE MINORITY FLOOR LEADER.
THERE'S A BIG DIFFERENCE BETWEEN BEING IN THE MAJORITY AND THE
MINORITY, RIGHT? IN THE MINORITY, YOU DON'T HAVE DIRECT CONTROL.
MS. LUNSFORD: CORRECT. AND JUST, AGAIN, TO BE
CLEAR THAT THIS ISN'T A CHANGE TO THAT PRIOR LAW. BUT THE MINORITY HOLDER
WOULD BE SOMEONE WHO WAS AFFILIATED WITH THAT DEBARRED PARENT. BUT,
YES, YOU'RE CORRECT.
MR. GOODELL: SO IF YOU'RE A MINORITY SHAREHOLDER
IN A COMPANY AND THE COMPANY IN WHICH YOU ARE A MINORITY
SHAREHOLDER COMPLIES RIGHT TO THE TEE, ALWAYS, ALWAYS HAS PAID EXACTLY
68
NYS ASSEMBLY MARCH 10, 2021
WHAT THEY SHOULD, YOU STILL RUN THE RISK OF BEING DISBARRED IF ANOTHER
SHAREHOLDER IS AFFILIATED WITH ANOTHER COMPANY THAT COULD ALSO BE
PERFECTLY IN COMPLIANCE IF THAT SECOND COMPANY IS AFFILIATED TO A THIRD
COMPANY THAT MIGHT HAVE VIOLATED FEDERAL LAW, RIGHT?
MS. LUNSFORD: SO, YOU'RE -- WHAT YOU'RE ASKING IS
IF A SUBSIDIARY OF THE DEBARRED PARENT COMPANY IS A MINORITY
SHAREHOLDER IN AN ADDITIONAL ENTITY?
MR. GOODELL: RIGHT.
MS. LUNSFORD: I DO NOT KNOW THAT THAT IS AN
ACCURATE READING, BECAUSE ACCORDING TO LABOR LAW 220(G), THE
SUBSTANTIALLY-OWNED SUBSIDIARY WOULD BE SOMEBODY WHO IS
WHOLLY-OWNED OR THE PARENT, AND THE PARENT IS THE -- THE GUIDING ENTITY
THERE. SO, I --
MR. GOODELL: BUT BECAUSE FEDERAL LAW DISBARS
BOTH THE BAD ACTOR AND AFFILIATE, AND THE AFFILIATE COULD BE THE PARENT OF
THE NEW YORK COMPANY AND WE ARE NOW DISBARRING NOT ONLY THE
AFFILIATE OF THE ORIGINAL BAD ACTOR, BUT AN AFFILIATE OF THE AFFILIATE. AND
THEN WE CONTINUE THE DISBARMENT TO APPLY TO ANYONE INCLUDING MINORITY
SHAREHOLDERS OF THE AFFILIATE OF THE AFFILIATE, RIGHT?
MS. LUNSFORD: IN -- IN A WORLD WHERE THERE ARE
THAT MANY LINKS TO THE BAD ACTOR, YES.
MR. GOODELL: SO WHY IS IT FAIR THAT WE DISBAR A
COMPANY THAT HAS ALWAYS COMPLIED WITH THE LAW BECAUSE ONE OF THEIR
SHAREHOLDERS WAS A MINORITY SHAREHOLDER OF ANOTHER COMPANY THAT ALSO
ALWAYS COMPLIED WITH THE LAW, THAT'S AFFILIATED WITH A THIRD COMPANY
69
NYS ASSEMBLY MARCH 10, 2021
THAT'S ALSO COMPLIED WITH THE LAW SIMPLY BECAUSE THE THIRD COMPANY IS
RELATED TO SOME BAD ACTOR? I MEAN, ISN'T THAT KIND OF LIKE GOING WAY
BEYOND WHAT'S FAIR?
MS. LUNSFORD: WELL, IN THE EVENT THAT A
SUBSIDIARY OF A SUBSIDIARY HAD SUBSTANTIAL AMBITIA THAT THEY ARE WHOLLY
UNRELATED FROM THIS BAD ACTOR, THEY COULD BRING ARTICLE 78 PROCEEDINGS
UNDER THE CPLR AND ARGUE THAT THEY SHOULD NOT BE DISBARRED UNDER THIS
CRITERIA. THERE IS A SUSPENSION PROCESS. THEY RECEIVE NOTICE. THERE
WOULD BE MANY OPPORTUNITIES FOR THEM TO APPEAL. THERE'S PLENTY OF DUE
PROCESS BUILT INTO BOTH THIS AND THE DAVIS-BACON ACT. BUT I THINK
WHAT'S MOST IMPORTANT IS THAT THE GOAL OF THIS LAW IS TO CAPTURE BAD
ACTORS, NOT JUST WHO ERRONEOUSLY VIOLATES FAIR LABOR STANDARDS, VIOLATE
PREVAILING WAGE LAWS OR OSHA REGS, BUT TO ENSURE THAT THEY DO NOT GET
TO CIRCUMVENT THIS RULE, THIS DEBARMENT, BY USING SUBSIDIARIES TO GET
PUBLIC WORK CONTRACTS. YOU KNOW, WE'RE PROTECTING TAXPAYER MONEY
HERE FROM PEOPLE WHO ARE USING PUBLIC FUNDS AND VIOLATING THOSE SAME
STANDARDS THAT WE WOULD EXPECT FROM ANYONE USING TAXPAYER FUNDS TO
BENEFIT OUR GOOD COMMUNITIES.
MR. GOODELL: WELL, I THINK YOU WOULD AGREE WITH
ME, RIGHT, THAT THE MORE ROBUST A BID IS, THE MORE LIKELY WE'LL GET A
BETTER PRICE FOR THE TAXPAYERS?
MS. LUNSFORD: PRESUMABLY, YES.
MR. GOODELL: YES. AND SO, WOULDN'T YOU AGREE
WITH ME, THEN, THAT WE WANT TO ENCOURAGE AS MANY GOOD ACTORS WHO
HAVE NEVER HAD A VIOLATION TO BE INVOLVED IN THE BID PROCESS?
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NYS ASSEMBLY MARCH 10, 2021
MS. LUNSFORD: ABSOLUTELY.
MR. GOODELL: YET THIS BILL WOULD ELIMINATE EVEN
GOOD ACTORS WHO HAVE NEVER, EVER VIOLATED THE LABOR LAW IF THEY'RE
AFFILIATED WITH ANOTHER COMPANY THAT MIGHT BE AFFILIATED WITH ANOTHER
COMPANY THAT WAS DISBARRED BY THE FEDERAL GOVERNMENT, RIGHT?
MS. LUNSFORD: YES, BECAUSE OF THEIR ASSOCIATION
WITH THAT BAD ACTOR.
MR. GOODELL: RIGHT, SO IF THE --
MS. LUNSFORD: AND I THINK IF THAT MINORITY
OWNER WAS A -- A BIG ENOUGH ISSUE AND A BIG ENOUGH BAR TO THIS
SUBSIDIARY OF SUBSIDIARY IN YOUR HYPOTHETICAL TO GETTING THESE KINDS OF
CONTRACTS BECAUSE THEY ARE A MINORITY SHAREHOLDER, THEY CAN EITHER STEP
DOWN OR THEY COULD BE VOTED OUT BY THEIR OTHER STAKEHOLDERS TO ENSURE
THAT THE MARKET BECOMES OPEN TO THEM.
MR. GOODELL: THANK YOU VERY MUCH. I
APPRECIATE IT, AND I APPRECIATE YOUR COMMENTS.
ON THE BILL, SIR.
MS. LUNSFORD: THANK YOU.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I CAN SAFELY SAY THAT ALL MY
REPUBLICAN COLLEAGUES, AS WELL AS PROBABLY ALL MY DEMOCRAT
COLLEAGUES, I THINK EVERYONE ON THE FLOOR OF THE LEGISLATURE HERE AGREES
THAT IF SOMEONE IS VIOLATING THE LAW AND VIOLATING THE DAVIS-BACON ACT
AND THEY ARE DISBARRED ON THE FEDERAL LEVEL, THEY OUGHT TO BE DISBARRED
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NYS ASSEMBLY MARCH 10, 2021
IN NEW YORK. WE ALL AGREE ON THAT. THERE'S NO DISPUTE ABOUT THAT.
AND ON THE FEDERAL LEVEL, BY THE WAY, THEY NOT ONLY DISBAR THE BAD
ACTOR, THEY DISBAR ANYONE WHO IS AFFILIATED WITH THE BAD ACTOR. AND I
DON'T THINK ANYONE REALLY OBJECTS TO HAVING AN AFFILIATE OF A BAD ACTOR
DISBARRED IN NEW YORK. BUT THIS BILL DOESN'T JUST BAR THE BAD ACTOR OR
AFFILIATES OF THE BAD ACTOR, IT BARS AFFILIATES OF THE AFFILIATES. SO JUST TO
BE CLEAR, THIS LAW WOULD BAR A COMPANY THAT HAS NEVER, EVER VIOLATED
THE FAIR LABOR STANDARDS ACT EVER, BECAUSE ONE OF THE OWNERS IS ALSO
INVOLVED WITH A SECOND COMPANY THAT NEVER, EVER VIOLATED THE FAIR
LABORS [SIC] ACT. AND ALL BECAUSE THE SECOND COMPANY WAS AFFILIATED
WITH A THIRD COMPANY OR A FOURTH COMPANY IN THIS CASE. WE GO BACK
THROUGH THREE LAYERS OF COMPANIES, ALL OF WHOM MAY HAVE HAD
ABSOLUTELY PERFECT RECORDS. AND WHEN WE DISBAR EVERYONE EVEN THOUGH
THEY PERSONALLY HAVE NEVER DONE ANYTHING WRONG, IT VIOLATES
FUNDAMENTAL FAIRNESS. IT REDUCES COMPETITION FOR BIDS, AND IT DRIVES UP
THE COST OF TAXPAYERS. SO WE HAD TREMENDOUS OPPOSITION IN THE PAST
BECAUSE IT WAS FUNDAMENTALLY UNFAIR, AND THAT IS BEING THROWN WAY TOO
BROADLY. AND BECAUSE IT'S THROWN WAY TOO BROADLY, IT WILL HURT
TAXPAYERS BY REDUCING COMPETITION. IT HURTS INNOCENT PLAYERS WHO ARE
BEING DISBARRED EVEN THOUGH THEY HAVE DONE NOTHING WRONG. EVEN
THOUGH THEY'RE MERELY A MINORITY OWNER IN A SECOND COMPANY THAT ALSO
DID NOTHING WRONG. THAT'S JUST FUNDAMENTALLY UNFAIR.
AND SO I WILL BE VOTING AGAINST IT AND ENCOURAGE MY
COLLEAGUES TO DO THE SAME. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
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NYS ASSEMBLY MARCH 10, 2021
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 3293. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR
CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY
LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE OPPOSED TO THIS LEGISLATION. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY PARTY WILL GENERALLY BE IN FAVOR OF THIS PIECE OF
LEGISLATION. I WOULD ENCOURAGE COLLEAGUES WHO CHOOSE NOT TO DO SO TO
PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL PROPERLY
RECORD YOUR VOTE.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I JUST RISE
TO EXPLAIN MY VOTE. I REALLY WANT TO APPLAUD THE SPONSOR OF THIS
LEGISLATION WHICH TAKES A SMART AND REASONABLE APPROACH TO DEALING
WITH THE RISK THAT WE, AS TAXPAYERS AND GOVERNMENT OFFICIALS, HAVE TO
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NYS ASSEMBLY MARCH 10, 2021
MAKING SURE THAT PEOPLE WHO ARE NOT DOING THE RIGHT THING BY THE STATE
OF NEW YORK ARE NOT ALLOWED IN FUTURE BIDS. IT'S REALLY, REALLY CLEAR
THAT THE EXAMPLES WE'VE HEARD EARLIER, (INAUDIBLE) 1 PERCENT OF THE 1
PERCENT OF THE 1 PERCENT OF POTENTIAL BIDDERS. WHAT WE SEE IS THIS
(INAUDIBLE) OF BIDS WITH PEOPLE WHO ARE SCAMMING GOVERNMENT DOLLARS,
WHO AREN'T DOING THE RIGHT THING TO ENSURE THAT OUR RESOURCES ARE SPENT
WISELY AND EFFICIENTLY FOR ALL NEW YORKERS. THIS BILL GOES A LONG WAY
TO PROTECT US AS NEW YORKERS AND TO PROTECT OUR FUNDS.
I WANT TO APPLAUD THE SPONSOR, WITHDRAW MY REQUEST
TO SPEAK AND I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD THE FOLLOWING REPUBLICAN MEMBERS IN THE AFFIRMATIVE ON THIS
LEGISLATION: MR. BRABENEC, MR. BROWN, MR. BYRNE, MR. DESTEFANO,
MR. DURSO, MR. GANDOLFO, MS. GIGLIO, MR. LAWLER, MRS. MILLER, MR.
MILLER, MR. MORINELLO, MR. RA, MR. REILLY, MR. SCHMITT, MR. TANNOUSIS
AND MR. WALCZYK.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MR. GOODELL: PLEASE ADD MR. SMITH TO THAT LIST.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
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NYS ASSEMBLY MARCH 10, 2021
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
BACK TO BACK, MS. LUNSFORD. IN BASEBALL THAT WOULD
BE TWO GOOD DAYS IN A ROW.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE DO HAVE A
RESOLUTION WHICH IS PRIVILEGED.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 101, MS.
TAYLOR DARLING.
LEGISLATIVE RESOLUTION RECOGNIZING WEDNESDAY,
MARCH 10, 2021 AS HARRIET TUBMAN DAY.
ACTING SPEAKER AUBRY: MS. DARLING ON THE
RESOLUTION.
(PAUSE)
MRS. PEOPLES-STOKES: MR. SPEAKER, MAY I
RESPECTFULLY REQUEST THAT THIS ONE BE PUT TO THE SIDE AND WE WILL TAKE IT
UP ON TOMORROW?
ACTING SPEAKER AUBRY: CERTAINLY, MRS.
PEOPLES-STOKES. THE RESOLUTION IS LAID ASIDE. WE WILL TAKE IT UP
TOMORROW.
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NYS ASSEMBLY MARCH 10, 2021
WE DO HAVE NUMEROUS OTHER RESOLUTIONS, MRS.
PEOPLES-STOKES. WE WILL TAKE THEM UP WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 95-100 WERE
UNANIMOUSLY ADOPTED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU
CALL ON MS. HUNTER FOR THE PURPOSES OF AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MS. HUNTER FOR THE
PURPOSES OF AN ANNOUNCEMENT?
MS. HUNTER: YES, GOOD AFTERNOON, MR. SPEAKER.
THERE WILL BE A NEED FOR A MAJORITY CONFERENCE AT THE CONCLUSION OF
OUR SESSION TODAY.
ACTING SPEAKER AUBRY: A MAJORITY
CONFERENCE AT THE CONCLUSION OF SESSION.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL TOMORROW AT 10:00 A.M., THURSDAY,
MARCH THE 11TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 1:35 P.M., THE HOUSE STOOD ADJOURNED
UNTIL THURSDAY, MARCH 11TH AT 10:00 A.M., THAT BEING A SESSION DAY.)
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