THURSDAY, MARCH 25, 2021 10:55 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 WEDNESDAY, MARCH 24TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY MARCH 25, 2021

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY

MARCH THE 24TH AND ASK THAT THE SAME STANDS APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION,

SO ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I WANT TO WELCOME COLLEAGUES TO THE CHAMBERS, BOTH THOSE

HERE WITH US AND THOSE WHO ARE HERE REMOTELY. I DO HAVE A QUOTE I'D

LIKE TO SHARE TODAY. THIS ONE COMES FORM HARRIET BEECHER STOWE, WHO

WAS AN AMERICAN ABOLITIONIST AND AN AUTHOR. SHE CAME FROM THE

BEECHER FAMILY, A FAMOUS RELIGIOUS FAMILY, AND IS WELL KNOWN FOR HER

NOVEL UNCLE TOM'S CABIN WHICH DEPICTS THE HARSH CONDITIONS OF

ENSLAVED AFRICAN-AMERICANS. MS. BEECHER STOWE IS SHARING WITH US

TODAY THAT, WHEN YOU'RE IN A TIGHT PLACE AND EVERYTHING GOES AGAINST

YOU, TILL IT SEEMS AS THOUGH YOU CANNOT HANG ON A MINUTE LONGER, NEVER

GIVE UP THEN, FOR THAT IS JUST THE PLACE AND THE TIME WHEN THE TIDE WILL

TURN. AGAIN, WE WANT TO THANK MS. BEECHER STOWE FOR THOSE WORDS.

AND, MR. SPEAKER, I WANT TO SAY TO COLLEAGUES THAT

YOU DO HAVE ON YOUR DESK THE MAIN CALENDAR. AND AFTER THERE'S

HOUSEKEEPING -- ANY HOUSEKEEPING WE WILL TAKE UP RESOLUTIONS ON PAGE

3, AND THEN WE WILL TAKE UP THE FOLLOWING BILLS ON DEBATE: WE'RE GOING

TO START WITH CALENDAR NO. 52 BY MR. DINOWITZ, FOLLOWED BY CALENDAR

NO. 61 WITH MR. GOTTFRIED, CALENDAR NO. 110 BY MR. EPSTEIN AND

CALENDAR NO. 116 BY MR. ABINANTI. MR. SPEAKER, THERE DEFINITELY WILL

BE A NEED FOR A MAJORITY CONFERENCE FOLLOWING OUR FLOOR WORK TODAY,

NYS ASSEMBLY MARCH 25, 2021

AND AS ALWAYS WE WILL CONSULT WITH OUR COLLEAGUES TO DETERMINE WHAT

THEIR NEEDS MAY BE.

THAT'S THE GENERAL OUTLINE. IF THERE IS ANY

HOUSEKEEPING, NOW WOULD BE A GREAT TIME.

ACTING SPEAKER AUBRY: WE DO HAVE

HOUSEKEEPING, MRS. PEOPLES-STOKES.

ON A MOTION BY MS. PAULIN, PAGE 10, CALENDAR NO.

94, BILL NO. A.528, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MS. LINDA ROSENTHAL, PAGE 14,

CALENDAR NO. 157, BILL NO. A.518, THE AMENDMENTS ARE RECEIVED AND

ADOPTED.

ON A MOTION BY MS. RAJKUMAR, PAGE 17, CALENDAR NO.

188, BILL NO. 6077, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION -- WITHOUT OBJECTION, ON A MOTION BY MR.

GOTTFRIED TO RECONSIDER THE SUBSTITUTION OF SENATE BILL 1451 FOR

ASSEMBLY BILL 761, SAID SENATE BILL IS RECOMMITTED TO THE COMMITTEE

ON HEALTH AND SAID ASSEMBLY BILL IS RESTORED TO ITS PLACE ON THIRD

READING. ON A MOTION BY MR. GOTTFRIED, THE AMENDMENTS ARE RECEIVED

AND ADOPTED.

RESOLUTIONS ON PAGE 3, ASSEMBLY NO. 140, CLERK WILL

READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 140, MS.

JOYNER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MARCH 2, 2021 AS READ ACROSS

NYS ASSEMBLY MARCH 25, 2021

AMERICA DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 141, MS.

ROSENTHAL.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM 8:30 P.M. THROUGH 9:30 P.M. ON

SATURDAY, MARCH 27TH, 2021 AS EARTH HOUR IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 142, MRS.

BARRETT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MARCH 29, 2021 AS VIETNAM VETERANS

DAY IN THE STATE OF NEW YORK IN CONJUNCTION WITH THE OBSERVANCE OF

NATIONAL VIETNAM VETERANS DAY.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 143, MS.

JEAN-PIERRE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM APRIL 4-10, 2021 AS LIBRARY WEEK IN

NYS ASSEMBLY MARCH 25, 2021

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. JEAN-PIERRE ON

THE RESOLUTION.

MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SPEAK ON THIS RESOLUTION. THE WEEK OF APRIL 4TH

THROUGH THE 10TH IS AN EXTREMELY IMPORTANT WEEK IN THE STATE OF NEW

YORK AS WE RECOGNIZE LIBRARY WEEK IN CONJUNCTION WITH NATIONAL

LIBRARY WEEK. I WOULD LIKE FIRST TO GIVE SOME BACKGROUND INTO LIBRARY

WEEK. IT ORIGINATED BECAUSE IN 1958 STUDIES SHOWED THAT IN THE

MID-1950S THAT AMERICANS WERE READING LESS. THE AMERICAN LIBRARY

ASSOCIATION CREATED A NATIONAL BOOK COMMITTEE IN ORDER TO ENCOURAGE

AMERICANS TO READ MORE AND SHOW THE BENEFITS OF READING. THIS

COMMITTEE DEVELOPED A PLAN FOR NATIONAL LIBRARY WEEK TO BRING

AWARENESS TO THE ISSUE AND MOTIVATE PEOPLE TO READ IN TURNING -- IN

TURN, HOPING THAT AMERICANS WOULD READ MORE, OFTEN USE THEIR LIBRARIES

AS A RESOURCE TO RECEIVE READING MATERIALS. AND NOW THIS WEEK MARKS

THE 63RD ANNIVERSARY OF NATIONAL LIBRARY WEEK. ESPECIALLY DURING

THIS WEEK AND ALL OTHER WEEKS WE RECOGNIZE THE IMPORTANCE OF

LIBRARIES, LIBRARIANS AND LIBRARY WORKERS IN OUR COMMUNITIES. LIBRARIES

AND STAFF HAVE WORKED VERY HARD TO DELIVER RESOURCES DURING THIS

DIFFICULT TIME TO OUR CONSTITUENTS AND DESERVE RECOGNITION FOR ALL THEIR

HARD WORK. LIBRARIES HAVE MADE THE TOUGH TRANSITION TO MOVING A LOT

OF THEIR RESOURCES ONLINE AND HAVE MADE -- EVEN MADE WI-FI HOT SPOTS

IN PARKING LOTS AND OTHER TO HELP OUR LOCAL COMMUNITIES.

THANK YOU, MR. SPEAKER, AND ALL OF MY COLLEAGUES FOR

NYS ASSEMBLY MARCH 25, 2021

CONTINUING TO PRIORITIZE LIBRARIES IN THE BUDGET PROCESS SO LIBRARIES CAN

CONTINUE TO DELIVER THEIR EXCELLENT RESOURCES TO OUR COMMUNITIES. I'M A

-- I AM A LITTLE EARLY, BUT AS THE CHAIR OF THE LIBRARIES AND EDUCATION

TECHNOLOGY COMMITTEE, I WOULD LIKE TO WISH EVERYONE HAPPY LIBRARY

WEEK IN THE STATE OF NEW YORK. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. JENSEN.

MR. JENSEN: THANK YOU, MR. SPEAKER. ON THE

RESOLUTION.

ACTING SPEAKER AUBRY: ON THE RESOLUTION,

SIR.

MR. JENSEN: I JUST WANT TO THANK THE CHAIR OF THE

LIBRARIES AND EDUCATION TECHNOLOGY COMMITTEE FOR SPONSORING THIS

RESOLUTION. AND AS THE RANKING MEMBER ON THAT COMMITTEE, I COULD

NOT BE MORE PROUD TO -- TO JOIN HER IN SUPPORTING THIS RESOLUTION.

CERTAINLY, A 21ST CENTURY LIBRARY IS SO MUCH MORE THAN JUST STACKS AND

ROWS OF BOOKS. BUT LIBRARIES TRULY SERVE AS COMMUNITY CENTERS WHERE

THEY CALL HOME. OFTENTIMES HAVING ACTIVE AND DIVERSE PROGRAMING,

ELECTRONIC RESOURCE AND SERVING AS CAREER CENTERS, AND ARE REALLY IN

NON-COVID TIMES THE CENTER OF A COMMUNITY. BUT IT'S IMPORTANT

DURING LIBRARY WEEK NOT JUST TO RECOGNIZE THOSE LIBRARIES THAT SERVE OUR

COMMUNITIES, BUT ALSO OUR SCHOOL LIBRARIES FOR THE IMPORTANT

EDUCATIONAL RESOURCES THEY PROVIDE STUDENTS IN THE SCHOOL DISTRICTS THEY

CALL HOME.

SO, I WANT TO THANK THE CHAIR OF THE COMMITTEE FOR

NYS ASSEMBLY MARCH 25, 2021

SPONSORING THIS. AND AS SHE SAID, THAT NOT JUST THE WEEK OF THE 4TH

THROUGH THE 10TH IN APRIL IS LIBRARY WEEK, BUT REALLY EVERY WEEK IS

LIBRARY WEEK FOR THE MEMBERS OF THE EDUCATION -- OR THE LIBRARY AND

EDUCATION TECHNOLOGY COMMITTEE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

PAGE 5, CALENDAR NO. 52, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01877, CALENDAR NO.

52, DINOWITZ, CARROLL, BARRON. AN ACT TO AMEND THE GENERAL

OBLIGATIONS LAW, IN RELATION TO PREPAYMENT PENALTIES FOR MORTGAGES

SECURED BY REAL PROPERTY OWNED IN A COOPERATIVE FORM OF OWNERSHIP.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DINOWITZ.

MR. DINOWITZ: THANK YOU. THIS BILL WOULD

PROHIBIT PREPAYMENT PENALTIES IN CO-OP BUILDINGS FOR THE UNDERLYING

MORTGAGE WHEN MORE THAN 50 PERCENT OF THE UNITS ARE SHAREHOLDER-

OCCUPIED.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. DINOWITZ. AM I

CORRECT THAT UNDER CURRENT LAW A COOPERATIVE CAN GO WITH A MORTGAGE

THAT DOESN'T HAVE PREPAYMENT PENALTY CLAUSES OR IT CAN GO WITH A

MORTGAGE THAT DOES. IT'S THE OPTION RIGHT NOW AND THIS WOULD ONLY

MAKE THAT OPTION, CORRECT?

MR. DINOWITZ: YES.

NYS ASSEMBLY MARCH 25, 2021

MR. GOODELL: AM I ALSO CORRECT THAT PROHIBITING

ANY PREPAYMENT PENALTY WOULD PREVENT CO-OPS FROM ANY ACCESS TO

MORTGAGES THAT ARE GUARANTEED OR PROCESSED BY FANNIE MAE, FREDDIE

MAC OR THE FEDERAL HOUSING ADMINISTRATION?

MR. DINOWITZ: WELL, SOME PEOPLE HAVE SAID THAT.

MR. GOODELL: WELL, IT'S MY UNDERSTANDING THAT ALL

THOSE ENTITIES REQUIRE PREPAYMENT PENALTIES, IS THAT CORRECT?

MR. DINOWITZ: WELL, THERE ARE MANY SOURCES FOR

GETTING MORTGAGES. SO, I -- I MEAN, WE HAD THIS DISCUSSION LAST YEAR

WHEN THE BILL PASSED BY A VERY WIDE MARGIN. AND THE PURPOSE OF THE

BILL IS SO THAT THOSE WHO LIVE IN CO-OPS -- I -- I DON'T KNOW THAT YOU

HAVE CO-OPS IN YOUR DISTRICT, MAYBE YOU DO, BUT I DON'T KNOW THAT --

WHAT ARE YOU, 150? I DON'T KNOW THAT THEY HAVE CO-OPS. PEOPLE PAY

SIGNIFICANT AMOUNTS OF MONEY AS A RESULT OF THE EXCESS THAT IS BEING

CHARGED TO CO-OPS BECAUSE THEY DON'T HAVE THE ABILITY TO REFINANCE AT A

LOWER RATE EVEN IF INTEREST RATES HAVE GONE DOWN SUBSTANTIALLY. SO WE

WANT TO PROTECT -- WE WANT TO PROTECT CO-OP SHAREHOLDERS HERE.

MR. GOODELL: WELL, ISN'T IT TRUE THAT IN ANY

COMMERCIAL NEGOTIATION, INCLUDING A CO-OP MORTGAGE, FOR EXAMPLE,

THERE'S A TRADEOFF BETWEEN PREPAYMENT PENALTIES AND INTEREST RATES?

MR. DINOWITZ: WELL, EVERYTHING'S A TRADEOFF. BUT

SOMETIMES WHAT WE HAVE TO DO IS DO WHAT'S BEST FOR THE GREATEST

NUMBER OF PEOPLE. I MEAN, WE'RE -- WE'RE DOING A LOT OF THINGS NOW

BECAUSE OF -- OF COVID WHERE THINGS THAT WERE PREVIOUSLY NEGOTIATED

ARE, IN ESSENCE, BEING SORT OF RENEGOTIATED TO HELP PEOPLE OUT, INCLUDING

NYS ASSEMBLY MARCH 25, 2021

MANY BUSINESSES, MANY PROPERTY OWNERS AND SO ON. AND WHAT -- WHAT

THIS BILL TRIES TO DO - AND THIS BILL'S BEEN AROUND BEFORE COVID,

OBVIOUSLY - IS TO ELIMINATE WHAT -- WHAT I BELIEVE IS AN UNFAIR CHARGE TO

-- TO CO-OPS SIMPLY BECAUSE THEY'RE CO-OPS. BECAUSE UNDER THE LAW

THEY'RE ESSENTIALLY CONSIDERED COMMERCIAL PROPERTIES, AND THAT'S ABSURD.

I LIVE IN A CO-OP, FOR EXAMPLE, AND MANY OF MY NEIGHBORS AROUND THE

DISTRICT DO. AND I DON'T THINK THERE'S A SINGLE PERSON WHO CONSIDERS

THEMSELVES LIVING IN A COMMERCIAL PROPERTY. WE LIVE IN AN APARTMENT

BUILDING.

MR. GOODELL: WOULD THIS -- MR. DINOWITZ, I

APOLOGIZE. I -- I LOST TRACK OF WHAT QUESTION YOU WERE ANSWERING BUT

MAYBE YOU COULD HELP ME OUT. WOULD THIS BILL --

MR. DINOWITZ: APOLOGY ACCEPTED.

MR. GOODELL: -- APPLY TO ACCEPTING PREPAYMENT

PENALTIES OR ONLY PREPAYMENT PENALTIES IN THE FUTURE?

MR. DINOWITZ: SAY IT AGAIN. I'M SORRY, MR.

GOODELL. WOULD YOU REPEAT THAT? I --

MR. GOODELL: CERTAINLY. WOULD THIS BILL APPLY TO

EXISTING PREPAYMENT PENALTIES OR ONLY TO PREPAYMENT PENALTIES IN THE

FUTURE? THAT IS, NEW MORTGAGES WITH PREPAYMENT PENALTIES.

MR. DINOWITZ: I BELIEVE IT APPLIES TO EVERYTHING.

MR. GOODELL: SO IT WOULD APPLY RETROACTIVELY TO

EXISTING MORTGAGES THAT HAVE A PREPAYMENT PENALTY?

MR. DINOWITZ: WELL, I DON'T KNOW THAT I'D USE THE

WORD "RETROACTIVE." IT WOULD APPLY TO CO-OP BUILDINGS THAT CURRENTLY

NYS ASSEMBLY MARCH 25, 2021

EXIST.

MR. GOODELL: AND HOW IS THAT CONSISTENT WITH

THE STATE -- THE FEDERAL CONSTITUTIONAL CONTRACT CLAUSE WHICH SAYS THE

LEGISLATURE CANNOT PASS LEGISLATION THAT IMPAIRS THE EXIST -- THE VALIDITY

OF AN EXISTING CONTRACT? IF WE PASS LEGISLATION THAT INVALIDATES A

PREPAYMENT PENALTY ON AN EXISTING MORTGAGE, AREN'T WE VIOLATING THE

FEDERAL CONSTITUTIONAL RESTRICTIONS?

MR. DINOWITZ: WELL, I MEAN, I'M NOT A FEDERAL

JUDGE, SO I WOULD HATE TO PASS JUDGMENT ON THAT. I KNOW YOU OFTEN

MAKE REFERENCE TO THAT PARTICULAR PROVISION BUT I WOULD SAY THE ANSWER

IS THAT IT DOES NOT VIOLATE THAT.

MR. GOODELL: THANK YOU VERY MUCH, MR.

DINOWITZ.

ON THE BILL, SIR.

MR. DINOWITZ: YOU'RE VERY WELCOME, MR. --

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU VERY MUCH. RIGHT NOW

COOPERATIVES HAVE MULTIPLE OPTIONS AVAILABLE TO THEM WHEN THEY WANT

TO FINANCE THEIR OPERATIONS OR THE ACQUISITION. ONE OPTION IS TO HAVE A

FEDERALLY-GUARANTEED LOAN THAT GOES THROUGH FANNIE -- FANNIE MAE,

FREDDIE MAC OR THE FEDERAL HOUSING ADMINISTRATION. THAT'S ONE

OPTION THEY HAVE, AND IT'S OFTEN VERY ATTRACTIVE BECAUSE IT AFFECTS THE

UNDERWRITING STANDARDS AND THE INTEREST RATES. BUT ALL THOSE FEDERAL

PROGRAMS REQUIRE A PREPAYMENT PENALTY IN THE MORTGAGE. SO IF WE

NYS ASSEMBLY MARCH 25, 2021

ENACT THIS LEGISLATION WE ELIMINATE THE ABILITY OF A CO-OP TO ACCESS ANY

OF THAT FINANCING. NOW, UNDER CURRENT LAW A CO-OP HAS THE OPTION OF

PAYING MORE UPFRONT CLOSING COSTS IN RETURN FOR NOT HAVING A

PREPAYMENT PENALTY. OR THEY CAN PAY LOWER CLOSING COSTS UP FRONT AND

TAKE A MORTGAGE WITH A PREPAYMENT PENALTY. AND IT'S REALLY VERY

SIMPLE. A BANK INCURS A LOT OF EXPENSE WHEN THEY DO A MORTGAGE, A

COMMERCIAL MORTGAGE, ON A LARGE CO-OP. A LOT OF TITLE WORK, A LOT OF

LEGAL WORK. LEASES, SUBORDINATION AGREEMENTS, TERM LIMIT AGREEMENTS,

NON-DISTURBANCE AGREEMENTS. I MEAN THE LIST GOES ON AND ON. SO WHAT

A BANK WILL TYPICALLY DO IS THEY'LL SAY TO A COMMERCIAL BORROWER LIKE A

CO-OP, YOU HAVE TWO OPTIONS: OPTION ONE, YOU CAN PAY A LOAN

PROCESSING FEE THAT COVERS OUR OUT-OF-POCKET EXPENSES, AND IT CAN BE

TENS OF THOUSANDS OF DOLLARS. OR OPTION TWO, WE CAN HAVE A MORTGAGE

WITH A SLIGHTLY HIGHER INTEREST RATE AND A PREPAYMENT PENALTY. THE

SLIGHTLY HIGHER INTEREST RATE EFFECTIVELY REPAYS THE BANK FOR THEIR

UPFRONT CLOSING COSTS. AND FOR SOME COOPERATIVES, HAVING A SLIGHTLY

HIGHER INTEREST RATE AND NO UPFRONT COSTS IS MUCH MORE ATTRACTIVE FROM

A CASH FLOW PERSPECTIVE. THIS BILL ELIMINATES OPTIONS. IT ELIMINATES THE

CHOICE OF A CONSUMER TO DECIDE WHAT IS IN THEIR BEST INTEREST. AND IT

TAKES A VERY NARROW VIEW IN TIME, A SNAPSHOT, IF YOU WILL, AND THEY SAY,

HEY, WAIT A MINUTE. THIS MORTGAGE WITH A PREPAYMENT PENALTY HAS A

SLIGHTLY HIGHER INTEREST RATE. YEAH, THAT'S BECAUSE YOU DIDN'T HAVE ALL

THOSE UPFRONT CLOSING COSTS. FOR THOSE OF US WHO WANT TO GIVE

CONSUMERS THE MOST OPTIONS TO DEVELOP A MORTGAGE AND A FINANCING

PLAN THAT BEST MEETS THEIR NEEDS, THAT GIVES THEM THE OPTION OF PAYING

NYS ASSEMBLY MARCH 25, 2021

MORE UP FRONT AND HAVING A LOWER INTEREST RATE OR PAYING LESS UP FRONT

AND HAVING A SLIGHTLY HIGHER RATE. FOR THOSE COMPANIES THAT WANT TO

ACCESS FANNIE MAE, FREDDIE MAC OR THE FEDERAL HOUSING

ADMINISTRATION BECAUSE OF THEIR UNDERWRITING STANDARDS AND BECAUSE OF

THE INTEREST RATES AND THE OTHER CRITERIA, THIS BILL ELIMINATES BORROWER

OPTIONS AND ULTIMATELY RESTRICTS WHAT BORROWERS WITH CO-OPS CAN DO.

WHICH IS WHY LAST YEAR AT LEAST 39 MEMBERS VOTED AGAINST IT AND I

ANTICIPATE THAT MANY WILL THIS YEAR AS WELL.

ONE LAST POINT I WOULD NOTE. THE COUNCIL OF NEW

YORK COOPERATIVES AND CONDOS HAS ACTUALLY WRITTEN ON THIS AND THEY

NOTED THAT HISTORICALLY WHEN LENDERS STOP MAKING CO-OP MORTGAGE

LOANS, AS WOULD RESULT IN THIS LEGISLATION BY ELIMINATING FANNIE MAE,

FREDDIE MAC AND FHA, IT GOES ON, THE VALUES OF APARTMENTS GO DOWN

BECAUSE OF THE FEAR OF DEFAULT WHEN A CO-OP'S MORTGAGE MATURES. SO

LET'S NOT CREATE A SITUATION WHERE WE ELIMINATE OPTIONS TO THE CUSTOMER,

ELIMINATE THEIR ABILITY TO STRUCTURE A MORTGAGE THAT BEST MEETS THEIR

NEEDS, ELIMINATES THEIR ABILITY TO ACCESS ALL THESE EXTRAORDINARILY

IMPORTANT FEDERAL PROGRAMS AND RESULTS IN A SITUATION WHERE IT MAY

ACTUALLY ADVERSELY IMPACT THE VALUE OF THOSE UNITS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 1877. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

NYS ASSEMBLY MARCH 25, 2021

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 BE GENERALLY OPPOSED TO THIS LEGISLATION. IF THERE ARE

MEMBERS THAT WOULD LIKE TO SUPPORT IT, THEY ARE ENCOURAGED TO CALL THE

MINORITY LEADER'S OFFICE SO WE CAN PROPERLY RECORD THEIR VOTE. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. MAJORITY MEMBERS WILL GENERALLY BE IN THE AFFIRMATIVE ON

THIS ONE. SHOULD THERE BE MEMBERS DESIRING TO BE AN EXCEPTION, THEY

SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL

PROPERLY RECORD YOUR VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU.

MR. DINOWITZ TO EXPLAIN HIS VOTE.

MR. DINOWITZ: THANK YOU. TO EXPLAIN MY VOTE.

FIRST, LET ME JUST CORRECT SOMETHING. THE QUOTE THAT WAS JUST GIVEN A

MINUTE OR TWO AGO WAS ACTUALLY NOT, AS FAR AS I UNDERSTAND IT, FROM THE

NEW YORK COUNCIL OF CO-OPS AND CONDOS BUT, IN FACT, FROM ONE

INDIVIDUAL WHO IS ASSOCIATED WITH THEM. THE VAST MAJORITY OF CO-OP

ADVOCATES SUPPORT THIS LEGISLATION. AND I -- I WOULD SAY THAT THE TALK

THAT -- THAT'S BEEN PUT FORTH REGARDING THE RAMIFICATIONS OF THIS BILL, TO

NYS ASSEMBLY MARCH 25, 2021

ME, IS -- IS KIND OF SCARE TACTICS FROM THE INDUSTRY. I WOULD JUST URGE --

FOR ONCE I -- I WOULD ASK THAT OUR FRIENDS ON THE OTHER SIDE OF THE AISLE

TAKE THE SIDE OF INDIVIDUALS, THE AVERAGE PERSON, RATHER THAN THE LENDERS

AND THE BANKS IN THIS CASE. IT'S NOT AN US VERSUS THEM THING. BUT I WILL

SAY THAT THE PEOPLE WHO WILL BENEFIT FROM THIS BILL ARE PEOPLE IN OUR

COMMUNITIES, AVERAGE PEOPLE WHO LIVE IN CO-OPS, AND THIS WOULD BE

LARGELY -- A HUGE BENEFIT TO SO MANY PEOPLE. MAYBE THE BANKS DON'T

LIKE IT, BUT, YOU KNOW, MOST OTHER PEOPLE WOULD LIKE IT.

SO, I URGE EVERYBODY TO VOTE IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MR. DINOWITZ IN THE

AFFIRMATIVE.

AND THIS IS THE FIRST VOTE OF THE DAY.

ARE THERE --

(PAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU

PLEASE CALL OUR COLLEAGUE MS. BUTTENSCHON'S VOTE 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: ASSEMBLY BILL NO. A00297, CALENDAR

NYS ASSEMBLY MARCH 25, 2021

NO. 61, GOTTFRIED, DINOWITZ, COLTON, CAHILL, WEPRIN, OTIS, GALLAGHER,

SAYEGH, BARRON. AN ACT TO AMEND THE UNIFORM CITY COURT ACT, THE

UNIFORM DISTRICT COURT ACT, THE UNIFORM JUSTICE COURT ACT AND THE

NEW YORK CITY CIVIL COURT ACT, IN RELATION TO OBTAINING JURISDICTION

OVER CERTAIN DEFENDANTS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU, SIR. THIS BILL WOULD

AMEND THE UNIFORM CITY COURT ACT AND THE UNIFORM DISTRICT COURT

ACT, THE UNIFORM JUSTICE COURT ACT, AND THE NEW YORK CITY CIVIL

COURT ACT TO GIVE SMALL CLAIMS COURTS JURISDICTION OVER ANY ACTION BY

A TENANT TO RECOVER MONEY FROM A LANDLORD EVEN THOUGH THE LANDLORD

HAS NO PLACE OF BUSINESS, NO RESIDENCE AND DOES NOT CONDUCT BUSINESS

IN THAT PARTICULAR SMALL CLAIMS JURISDICTION. SO, FOR THOSE WHO AREN'T

FAMILIAR WITH SMALL CLAIMS, IT'S A VERY FAST, EASY MECHANISM TO ADDRESS

SMALL CLAIMS. RULES OF EVIDENCE ARE WAIVED. THE PROCEDURES ARE ALL

VERY SIMPLIFIED. BUT IN ORDER TO BRING AN ACTION IN SMALL CLAIMS, THE

DEFENDANT HAS TO HAVE A RESIDENCE IN THE CITY OR A PLACE OF BUSINESS

WITHIN THE CITY OR REGULARLY CONDUCT BUSINESS IN THE CITY. AND THIS BILL

WOULD SAY THAT WE WILL IGNORE ALL THOSE JURISDICTIONAL LIMITATIONS AND

GIVE A SMALL CLAIMS COURT THE SAME JURISDICTION AS A NEW YORK STATE

SUPREME COURT WOULD HAVE, WITHOUT RESTRICTIONS, IF THE APARTMENT

NYS ASSEMBLY MARCH 25, 2021

HAPPENS TO BE WITHIN THE CITY. AND THAT CREATES A REAL PROBLEM FOR

LANDLORDS WHO HAVE MULTIPLE APARTMENTS, WHO MAY HAVE APARTMENTS IN

DIFFERENT CITIES OR SNOWBIRDS, FOR EXAMPLE, THAT MIGHT RENT THEIR HOUSE

WHILE THEY GO TO FLORIDA IN THE SUMMER. ALL OF A SUDDEN THEY'RE LIABLE

FOR A SMALL CLAIMS ACTION EVEN THOUGH THEY'RE NOT EVEN IN THE CITY, NOT

EVEN IN THE STATE. THIS GIVES LONG-ARM JURISDICTION TO THE SMALL CLAIMS

COURT. IT ALSO WOULD VIOLATE ANY VENUE CLAUSE THAT'S IN THE LEASE. A LOT

OF LEASES WILL SAY, YOU KNOW, YOU COULDN'T EVEN BRING THAT ACTION FOR

ANY DAMAGES IN THIS JURISDICTION. THIS SAYS WE DON'T CARE WHAT THE

CONTRACT SAYS, WE'RE JUST GOING TO OVERRIDE CONTRACTS BECAUSE WE NOT

ONLY DON'T CARE ABOUT WHAT CONTRACTS SAY, BUT APPARENTLY WE DON'T CARE

ABOUT THE U.S. CONSTITUTION WHICH LIMITS OUR POWER TO OVERRIDE

CONTRACTS.

THERE'S ONE OTHER ASPECT OF THIS BILL THAT IS

EXTRAORDINARILY PROBLEMATIC. AND THAT IS, IT SAYS THAT IF YOU CAN'T SERVE

THE LANDLORD DIRECTLY OR BY MAIL, YOU CAN BEGIN THE SMALL CLAIMS ACTION

BY SENDING YOUR SMALL CLAIMS NOTICE TO WHERE YOU PAY THE RENT. EVEN

THOUGH THERE'S NO ASSURANCE WHATSOEVER THE LANDLORD WILL EVEN FIND OUT

ABOUT THE ACTION. I HAD SEVERAL LANDLORDS IN MY DISTRICT, AND I'M SURE

YOU DO IN YOURS, WHERE THE TENANTS MAKE THE RENT PAYMENT DIRECTLY TO

THE BANK OR TO A RENTAL AGENT AND NOT TO THE LANDLORD. SO IT VIOLATES

FUNDAMENTAL DUE PROCESS. IT GIVES SMALL CLAIMS COURT LONG-ARM

JURISDICTION WHICH WAS NEVER INTENDED AND IS FUNDAMENTALLY UNFAIR TO

THE PARTIES.

ONE THING I WOULD -- ONE LAST THING I WOULD MENTION,

NYS ASSEMBLY MARCH 25, 2021

WE MADE A NUMBER OF CHANGES TO THE RENTAL LAW INCLUDING THE

OBLIGATIONS OF LANDLORDS TO REFUND SECURITY DEPOSITS AND THINGS OF THAT

NATURE, RENDERING, I THINK, A LOT OF THIS NO LONGER NECESSARY. AND THEN

FINALLY, WE'VE JUST FINISHED OVER A YEAR OF SAYING TO LANDLORDS, YOU

CAN'T COLLECT ANY RENT. YOU CAN'T GET ACCESS TO THE COURTS. AND SO AT A

TIME WHEN OUR LANDLORDS ARE STRUGGLING JUST TO PAY THEIR OWN MORTGAGE

AND PAY THE TAXES THAT ARE OUTSTANDING ON ALL THEIR APARTMENTS WITHOUT

ANY ABILITY TO COLLECT, WE TURN AROUND AND CONSIDER THIS LEGISLATION TO

MAKE IT EVEN MORE UNFAIR. AND FOR THAT REASON I AND MANY OF MY

COLLEAGUES WILL BE OPPOSED TO IT.

THANK YOU, SIR.

ACTING SPEAKER FALL: MR. GOTTFRIED.

MR. GOTTFRIED: YES. MR. SPEAKER, PEOPLE MIGHT

GET THE IMPRESSION THAT THIS BILL SOMEHOW SAYS THAT A LANDLORD THAT HAS

ABSOLUTELY NO CONNECTION TO THE JURISDICTION CAN BE SUED IN SMALL

CLAIMS COURT OR THAT SOMEHOW SMALL CLAIMS COURT WOULD NOW HAVE

THE JURISDICTION THAT THE STATE SUPREME COURT WOULD HAVE. FORTUNATELY,

NEITHER OF THOSE THINGS BEARS ANY RELATION TO THE BILL. YOU KNOW, YOU

CAN SUE SOMEONE IN SMALL CLAIMS COURT IF THEY HAVE A PLACE OF

BUSINESS IN THE JURISDICTION OF THE COURT. SOME PEOPLE MIGHT THINK THAT

HAVING RENTAL PROPERTY IN THE DISTRICT WHERE YOU -- WHERE YOU HAVE

TENANTS, WHERE YOU COLLECT RENT, ET CETERA, MIGHT BE THOUGHT OF AS

HAVING A PLACE OF BUSINESS IN THE DISTRICT EXCEPT THE COURTS HAVE SAID

NO, IT DOESN'T APPLY. AND SO TENANTS WHO OFTEN -- THEIR LANDLORD -- LIKE

IF YOU'RE IN NEW YORK CITY THE LANDLORD MIGHT LIVE AND HAVE -- HAVE ITS

NYS ASSEMBLY MARCH 25, 2021

OFFICE IN WESTCHESTER. WELL, CAN'T USE THE SMALL CLAIMS COURT. AND

YET SMALL CLAIMS COURT IS OFTEN A VERY USEFUL AND EASY TO USE AND

INEXPENSIVE WAY FOR A TENANT TO DEAL WITH A PROBLEM IN THE PROPERTY.

AND LET ME POINT OUT THAT NOT ONLY DOES THE PROPERTY HAVE TO BE LOCATED

IN THE JURISDICTION, BUT THE CLAIM HAS TO BE DIRECTLY RELATED TO THE

PROPERTY. SO IF YOU HAVE SOME OTHER CLAIM AGAINST YOUR LANDLORD, THIS

BILL WON'T APPLY. BUT IF YOU'VE BEEN DAMAGED BY SOME PROBLEM WITH

THE PROPERTY, THEN YOU WOULD BE ABLE TO SUE WHERE IT MAKES SENSE TO

SUE IN THE LOCAL SMALL CLAIMS COURT. AND, YOU KNOW, SOMETIMES WE

HAVE TO PICK WHOSE SIDE WE'RE ON. AND IT SEEMS TO ME IF -- IF YOU THINK

THIS BILL CONSTITUTES TAKING SIDES, TAKING THE SIDE OF A TENANT WHO ALMOST

ALWAYS HAS MUCH LESS IN THE WAY OF FINANCIAL AND LEGAL RESOURCES THAN

THE LANDLORD, AND WHO IS UNFORTUNATELY OFTEN THE VICTIM OF LANDLORD

NEGLECT OR MISCONDUCT, MAKING IT A LITTLE EASIER FOR THE TENANT TO GET

THEIR -- TO GET THEIR DAY IN COURT, TO ME, IS THE RIGHT THING TO DO.

SO I HOPE WE WILL PASS THIS BILL TODAY.

ACTING SPEAKER FALL: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT SEPTEMBER

1ST.

ACTING SPEAKER FALL: THE CLERK WILL RECORD

THE VOTE. THIS IS PARTY -- ON CALENDAR NO. 61, A.297. 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.

NYS ASSEMBLY MARCH 25, 2021

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

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. FOR

THOSE WHO WOULD LIKE TO VOTE IN FAVOR SHOULD CAN CONTACT THE MINORITY

LEADER'S OFFICE. THANK YOU, SIR.

ACTING SPEAKER FALL: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES. THANK YOU, MR.

SPEAKER. COLLEAGUES ARE -- GENERALLY, THE MAJORITY VOTE IS VOTING IN THE

AFFIRMATIVE FOR THIS ONE. THOSE DESIRING TO BE AN EXCEPTION SHOULD FEEL

FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL PROPERLY

RECORD YOUR VOTE. THANK YOU, MR. SPEAKER.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER FALL: MR. STECK TO EXPLAIN HIS

VOTE.

MR. STECK: VERY BRIEFLY. I JUST WANT TO REMIND MY

COLLEAGUES THAT THERE'S NO CONSTITUTIONAL BAR TO THE REGULATION OF

CONTRACTS. THE REFERENCE TO THE CONSTITUTIONAL PROVISION IN THE UNITED

STATES CONSTITUTION IS THE SO-CALLED IMPAIRMENT OF THE OBLIGATION OF

CONTRACTS WHICH PREVENTS GOVERNMENT FROM ENTERING INTO A CONTRACT

WITH A PRIVATE PARTY AND THEN, SAY, BY LEGISLATIVE ACTION ABROGATING THAT

CONTRACT. THAT IS UNCONSTITUTIONAL. BUT THERE IS NOTHING IN THE UNITED

STATES CONSTITUTIONAL -- IN THE UNITED STATES CONSTITUTION THAT PREVENTS

REGULATION OF PRIVATE CONTRACTS. THERE WAS A PERIOD IN OUR HISTORY, VERY

UNFORTUNATE, WHERE THE SO-CALLED FOUR HORSEMEN OF THE SUPREME COURT

INVENTED A CONCEPT CALLED FREEDOM OF CONTRACT, WHICH IS NOWHERE

FOUND IN THE CONSTITUTION, AND USED IT TO INVALIDATE THINGS LIKE A

NYS ASSEMBLY MARCH 25, 2021

PROHIBITION ON CHILD LABOR WHICH WAS BEING PASSED BY THE ROOSEVELT

ADMINISTRATION AND OTHER SIMILAR LAWS. FORTUNATELY, WE MOVED PAST

THAT TYPE OF JURISPRUDENCE, AND I JUST WANT TO REMIND MY COLLEAGUES

THAT THERE'S NOTHING IN THE UNITED STATES CONSTITUTION THAT PROHIBITS IN

ANY WAY LEGISLATION OF THIS NATURE.

AND WITH THAT I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER FALL: MR. STECK IN THE

AFFIRMATIVE.

MS. GALLAGHER TO EXPLAIN HER VOTE.

MS. GALLAGHER: HI. TO EXPLAIN MY VOTE. I AM

VERY EAGER TO SUPPORT THIS BILL. I AM A COSPONSOR OF THIS BILL. I THINK

THAT SMALL CLAIMS COURT IS AN IMPORTANT SAFETY NET FOR CONTRACTS THAT

HAVE BEEN BROKEN OR HAVE BEEN UNFAITHFULLY PURSUED, AND IT IS REALLY

IMPORTANT THAT ALL TENANTS ARE ABLE TO USE SMALL CLAIMS COURT

REGARDLESS OF WHERE THEIR LANDLORD IS RESIDING AT THE TIME OR WHERE THE

FOCUS OF THE BUSINESS IS. AND THIS IS GOING TO TAKE AN IMPORTANT STEP.

AND IT IS NOT MAKING AN ASSUMPTION THAT ALL LANDLORDS ARE GOING TO BE

TAKEN TO SMALL CLAIMS COURT. HOPEFULLY THIS WILL BE INCENTIVE TO

FOLLOW THE RULES OF THE LEASE AND TO FOLLOW THE RULES OF OUR -- OUR RENT

LAWS AND TO ACTUALLY PROVIDE TENANTS WITH THE -- THE SAFETY DEPOSITS AND

OTHER -- OTHER SERVICES THAT -- THAT THEY'RE REQUIRED TO GIVE AS LANDLORDS.

SO I'M VERY EAGER FOR THIS BILL TO GO INTO EFFECT, AND I

THANK THE SPONSOR FOR BRINGING IT FORWARD.

ACTING SPEAKER FALL: MS. GALLAGHER IN THE

AFFIRMATIVE.

NYS ASSEMBLY MARCH 25, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY BILL NO. A03298, CALENDAR

NO. 110, EPSTEIN, SEAWRIGHT, SAYEGH, MCDONOUGH, ASHBY, GOTTFRIED,

L. ROSENTHAL, MCDONALD, SILLITTI, BARRON, DURSO, ZINERMAN. AN ACT TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO INFORMATION PROVIDED TO

PATIENTS REGARDING SUDDEN UNEXPECTED DEATH IN EPILEPSY.

ACTING SPEAKER FALL: AN EXPLANATION IS

REQUESTED, MR. EPSTEIN.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. THIS BILL

WOULD REQUIRE HEALTHCARE PRACTITIONERS TO PROVIDE PATIENTS WITH

EPILEPSY AND THEIR FAMILIES CURRENT EVIDENCE-BASED INFORMATION ABOUT

SUDDEN UNEXPECTED DEATH IN EPILEPSY, OR CALLED SUDEP, THE RISK

FACTOR AND CONDITIONS AS WELL AS OTHER NON-PROFIT ORGANIZATIONS THAT

COULD PROVIDE SUPPORT TO PEOPLE WITH EPILEPSY.

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: WILL YOU YIELD --

MR. EPSTEIN: HAPPY TO YIELD.

ACTING SPEAKER AUBRY: -- MR. EPSTEIN?

MR. EPSTEIN: HAPPY TO YIELD.

MS. WALSH: THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MR. EPSTEIN YIELDS.

NYS ASSEMBLY MARCH 25, 2021

MS. WALSH: SO, JUST A COUPLE OF QUESTIONS ABOUT

THIS. SO EXACT -- UNDER THIS BILL, EXACTLY WHAT KIND OF PRACTITIONERS

MUST PROVIDE THIS NOTICE ABOUT SUDEP, THE SUDDEN UNEXPECTED DEATH

IN EPILEPSY?

MR. EPSTEIN: ANY PRACTITIONER WHO HAS A PATIENT

WITH EPILEPSY. SO, A DOCTOR WHO DEALS WITH THEM ON A REGULAR BASIS IS A

PRIME EXAMPLE.

MS. WALSH: ALL RIGHT. SO IF YOU ARE, FOR EXAMPLE,

A PEDIATRICIAN BUT YOU DON'T HAVE ANY CHILDREN WITH EPILEPSY IN YOUR

PRACTICE, YOU'RE NOT REQUIRED TO PROVIDE THIS INFORMATION, FOR EXAMPLE.

CORRECT?

MR. EPSTEIN: THIS IS FOR PATIENTS WHO HAVE

EPILEPSY, AND SO IT'S IMPORTANT INFORMATION FOR THE FAMILY IF THEY ARE

YOUNG PEOPLE OR FOR THEMSELVES IF THEY'RE ADULTS TO HAVE INFORMATION

ABOUT SUDEP. SO, IF THE PEDIATRICIAN HAS NO PATIENTS WITH EPILEPSY,

THEY'RE NOT PROVIDING IT GENERALLY TO THE PUBLIC, JUST THE FAMILIES WITH

EPILEPSY.

MS. WALSH: VERY GOOD. YEAH, I THINK THAT'S AN

IMPORTANT POINT TO MAKE AS FAR AS WHAT IT'S LIMITED TO. WHAT HAPPENS IF

A PRACTITIONER FAILS TO PROVIDE THIS INFORMATION TO AN EXISTING PATIENT

WITH EPILEPSY? WHAT ARE THE POTENTIAL CONSEQUENCES TO THAT PHYSICIAN

OR THAT PRACTICE?

MR. EPSTEIN: MORE MY CONCERN WOULD BE THE

POTENTIAL CONFLICT TO THE FAMILY BECAUSE, AS YOU KNOW, 190,000 PEOPLE

WITH EPILEPSY LIVE IN NEW YORK STATE. UNFORTUNATELY, WE'VE HAD TOO

NYS ASSEMBLY MARCH 25, 2021

MANY DEATHS FROM SUDEP IN NEW YORK. AND THEIR OBLIGATION IS LIKE

ANY OTHER OBLIGATION UNDER LAW, TO ENSURE THAT THEY PROVIDE ADEQUATE

MEDICAL INFORMATION. WHETHER THEY'RE -- SOME DETERMINING BODY WILL

DETERMINE IF THEY FAIL TO LIVE UP TO THEIR HIPPOCRATIC OATH IS NOT FOR OUR

DECISION, BUT IT'S THEIR OBLIGATION AS A PRACTITIONER TO PROVIDE THAT

INFORMATION.

MS. WALSH: OKAY. SO AS FAR AS A SPECIFIC

DISCIPLINARY CONSEQUENCE, LOSS OF LICENSE OR A FINE, THERE'S NOTHING IN

THIS BILL THAT SPEAKS TO THAT DIRECTLY, CORRECT?

MR. EPSTEIN: THAT IS CORRECT.

MS. WALSH: OKAY. BECAUSE THE -- THE MEDICAL

SOCIETY OF THE STATE OF NEW YORK HAS INDICATED OPPOSITION TO THIS BILL.

BASICALLY, WHAT THEY'RE SAYING IS THAT THE MEASURE PUTS A PHYSICIAN'S

LICENSE AT RISK FOR FAILING TO GIVE A FORM TO A PATIENT. SO WHAT -- WHAT IS

YOUR RESPONSE TO THAT?

MR. EPSTEIN: MY RESPONSE WOULD BE THERE ARE

190,000 PEOPLE IN NEW YORK STATE WHO HAVE EPILEPSY. POTENTIALLY,

THOUSANDS ARE DYING FROM SUDEP EVERY YEAR. I HAVE A CONSTITUENT

WHOSE DAUGHTER PASSED AWAY FROM THIS, AND IF THAT PHYSICIAN HAD

PROVIDED INFORMATION THAT PERSON MIGHT BE ALIVE TODAY. SO I

UNDERSTAND THE PHYSICIANS' CONCERN THAT THEY MAY BE SET AT RISK FOR NOT

PROVIDING THE INFORMATION, BUT THE ONLY PERSON WHO HAS THE

INFORMATION IS THE PHYSICIAN. THEY ARE THE ONES WITH ALL THE

INFORMATION IN THEIR HOLDING, AND IT'S THEIR OBLIGATION TO SHARE IT LIKE

THEY WOULD WITH ANY OTHER PATIENT ON ANY OTHER HEALTH ISSUE, AND IT

NYS ASSEMBLY MARCH 25, 2021

GIVES PEOPLE INFORMATION SO THEY CAN PROTECT THEMSELVES AND THEIR

LOVED ONES FROM SUDDEN DEATH. DO I THINK THAT A PHYSICIAN WILL HAVE

THEIR LICENSE REMOVED FROM THIS? I HAVE NO IDEA. BUT IT DEPENDS ON

HOW EGREGIOUS THE BEHAVIOR IS, LIKE ANY ACTION THAT A PHYSICIAN MIGHT

ENGAGE IN.

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

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO, I -- I ACTUALLY WANT TO THANK THE

SPONSOR FOR BRINGING THIS FORWARD. I -- I THINK THAT THIS IS AN IMPORTANT

-- IT'S IMPORTANT FOR PHYSICIANS WHO ARE WORKING WITH PATIENTS WHO

HAVE EPILEPSY TO PROVIDE INFORMATION ACROSS THE -- THE BOARD. EVEN

THOUGH SUDEP IS REALLY PRETTY UNCOMMON, THANK GOD, IT'S 1 IN 1,000

PATIENTS WITH EPILEPSY DIE EACH YEAR FROM IT. IT'S SUDDEN UNEXPLAINED

DEATH IN EPILEPSY, AND IT -- IT'S THOUGHT TO OCCUR DURING OR FOLLOWING A

SEIZURE. SO IT'S IMPORTANT TO LET PATIENTS WITH EPILEPSY KNOW THAT IF

THEY -- IF THEIR SEIZURES ARE UNCONTROLLED OR POORLY CONTROLLED THEY'RE AT

AN INCREASED RISK FOR THIS SUDDEN DEATH. AND IT'S IMPORTANT TO REDUCE

THE RISK BY TAKING YOUR MEDICATIONS AS PRESCRIBED AND TAKING THEM

CONSISTENTLY, KEEPING A DIARY OF WHEN YOUR SEIZURES HAPPEN SO THAT YOU

CAN SHOW A PATTERN OF WHEN THEY HAPPEN. AND GETTING ADEQUATE SLEEP

AND INSTALLING ALARMS IF YOU DO HAVE PROBLEMS WITH SLEEP. THESE ARE

ALL THINGS THAT THE PATIENTS NEED TO BE AWARE OF AND MAKE -- HAVE A

GOOD CONVERSATION WITH THEIR -- WITH THEIR DOCTORS ABOUT IT. I'M SURE

NYS ASSEMBLY MARCH 25, 2021

THAT THE VAST, VAST MAJORITY OF -- OF PHYSICIANS THAT ARE ALREADY

PROVIDING CARE TO PATIENTS WITH EPILEPSY DO TALK TO THEIR PATIENTS ABOUT

THIS, AND A PAMPHLET IS NOT A CURE-ALL IN ANY -- IN ANY RESPECT. BUT I DO

THINK THAT IT IS A STEP TOWARDS MAKING SURE THAT THIS INFORMATION IS OUT

THERE BECAUSE, YOU KNOW, ONE -- AS -- AS THE SPONSOR POINTED OUT, IF -- IF

A PAMPHLET AND THIS KIND OF CONVERSATION STARTER WITH A PHYSICIAN

WOULD SAVE ONE LIFE, IT -- IT IS -- IT'S AN IMPORTANT THING TO DO. SO I

WOULD ALSO JUST NOTE THAT MARCH 26TH, TOMORROW, IS WORLDWIDE

AWARENESS ABOUT EPILEPSY DAY, SO WE SHOULD ALL WEAR PURPLE. AND I

WANT TO JUST COMMEND THE EPILEPSY SOCIETY OF NORTHEASTERN NEW YORK

AND JEANNINE GARAB AND THE WONDERFUL PEOPLE THAT WORK THERE FOR ALL

THE WORK THAT THEY DO EDUCATING PEOPLE ABOUT EPILEPSY, GOING INTO THE

SCHOOLS. JUST ALL THE GREAT WORK THAT THEY DO AND THAT'S BEING DONE

THROUGHOUT OUR STATE TO JUST MAKE SURE THAT PEOPLE WITH EPILEPSY GET

THE ABSOLUTE BEST EDUCATION AND TREATMENT THAT'S AVAILABLE.

SO AS YOU CAN PROBABLY TELL, I WILL BE SUPPORTING THIS

BILL AND I -- I DO ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 3298. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

NYS ASSEMBLY MARCH 25, 2021

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. I JUST WANT TO THANK TIM AND ALEXIS GEMBKA. THEIR

DAUGHTER, UNFORTUNATELY, NATASHA, DIED FROM SUDEP. AND NATASHA

WAS A REALLY ACTIVE YOUNG PERSON, YOU KNOW, IN MY DISTRICT. SHE LOVED

GOING TO THE PARK AND HANGING OUT WITH FRIENDS. SHE HAD EPILEPSY AND

WASN'T MADE AWARE OF SUDEP FROM HER PHYSICIAN, AND UNFORTUNATELY,

SHE WAS TAKEN FROM US WAY TOO EARLY. HER PARENTS WERE NOT AWARE OF

SUDEP AND ONLY BECAME MORE AWARE OF SUDEP AFTER HER DEATH. THIS

IS AN OPPORTUNITY THAT WE HAVE TO DO SOMETHING VERY EASY, TO REQUIRE

DOCTORS TO GIVE OUT INFORMATION THAT IS THE BEST INFORMATION THAT A

TECHNICIAN OF HEALTH WILL HELP THEM PROVIDE. WE CAN THEN SHARE THAT

WITH PEOPLE SO THEY CAN DO THINGS TO PROTECT THEIR LOVED ONES FROM

DYING. THIS IS A LOSS FOR THEIR FAMILY, BUT HOPEFULLY WITH THIS

INFORMATION REQUIREMENT TO THE 190,000 PEOPLE WITH EPILEPSY WE WILL

LOSE LESS NEW YORKERS.

I WANT TO THANK THE FAMILY AND I HOPE TO ENCOURAGE

MY COLLEAGUES TO VOTE IN FAVOR OF THIS BILL. I KNOW I WILL BE. THANK

YOU.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY MARCH 25, 2021

THE CLERK: SENATE NO. S01465, CALENDAR NO.

163, SENATOR BRESLIN (A01073, ABINANTI, JEAN-PIERRE). AN ACT TO

AMEND THE BANKING LAW, IN RELATION TO THE ORDER IN WHICH A PAYOR BANK

SHALL PAY CHECKS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. THIS BILL

DOES TWO THINGS: FIRST OF ALL, IT REQUIRES BANKS TO PAY CHECKS ON

CONSUMER CHECKING ACCOUNTS IN THE ORDER IN WHICH THEY'RE RECEIVED OR

FROM THE SMALLEST AMOUNT TO THE LARGEST AMOUNT IF SEVERAL CHECKS ARRIVE

AT THE SAME TIME. SECONDLY, IT REQUIRES THAT BANKS HONOR A SUBSEQUENT

CHECK AFTER THE FIRST CHECK HAS BOUNCED IF THERE IS SUFFICIENT MONEY IN

THE ACCOUNT TO DO SO. BASICALLY, THIS SETS UP A UNIFORM POLICY AMONG

STATE BANKS THAT HAVE CONSUMER CHECKING ACCOUNTS SO THAT CONSUMERS

KNOW WHAT TO EXPECT IN CASE THEY OVERDRAFT THEIR ACCOUNTS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU, SIR. AND THANK YOU TO

MY COLLEAGUE FOR THAT EXPLANATION. UNDER CURRENT LAW, CONSUMERS AND

BANKS, STATE-CHARTERED BANKS, HAVE SEVERAL DIFFERENT OPTIONS: THEY CAN

PAY THE LARGEST CHECKS FIRST. THEY CAN PAY THE SMALLEST CHECKS FIRST.

THEY CAN MAKE PAYMENTS BASED ON THE CHECK NUMBER, PAYING THE

NYS ASSEMBLY MARCH 25, 2021

LOWEST CHECK NUMBER FIRST BEFORE THEY PAY A HIGHER CHECK NUMBER. OR

THE LAST OPTION, THE FOURTH OPTION, IS THEY CAN PAY THE CHECKS IN THE

ORDER RECEIVED. UNDER CURRENT LAW, WHICH OPTION THE BANK USES IS A

MATTER OF DISCUSSION BETWEEN THE BANK CUSTOMER AND THE BANK. AND

PARTICULARLY FOR COMMERCIAL CUSTOMERS, WHICH PROCESS IS OFTEN

NEGOTIATED. SO THIS BILL ELIMINATES ALL CUSTOMER CHOICE AND SAYS INSTEAD

THAT THOSE OF US IN THIS ROOM OR ON ZOOM KNOW MORE ABOUT WHAT'S BEST

FOR EVERY SINGLE BANKING CUSTOMER FOR A STATE-CHARTERED BANK, AND

WE'RE GOING TO HAVE YOUR CHECKS PROCESSED IN A CERTAIN WAY REGARDLESS

OF HOW YOU WANT TO CHOOSE IT YOURSELF. SO THIS BANK -- THIS SUB BILL

SAYS FIRST COME, FIRST SERVED. SO IF YOU HAPPEN TO GIVE A CHECK TO

SOMEONE WHO'S CLOSE TO THE BANK AND THEY RUN IT OVER TO THE BANK THEY

WOULD GET A PREFERENCE, REGARDLESS OF WHAT YOUR PREFERENCE AS THE

CUSTOMER MIGHT -- MIGHT HAVE BEEN. IT SAYS YOU PAY THE SMALLEST ONES

FIRST, REGARDLESS OF YOUR PREFERENCE. NOW, WHY WOULD YOU MIGHT WANT

TO HAVE THE LARGE ONE PAID FIRST? BECAUSE THE LARGE ONES ARE USUALLY THE

MOST IMPORTANT ONES FOR YOU TO PAY. THIS SAYS THAT IF A LARGER CHECK

BOUNCES WE'LL PAY ALL THE SMALL ONES AND CLEAN OUT YOUR ACCOUNT. THAT

MAY BE EXACTLY THE OPPOSITE OF WHAT A CONSUMER WANTS. BECAUSE THE

LARGEST CHECK MIGHT BE FOR THEIR RESIDENCE, FOR THEIR MORTGAGE OR THEIR

CAR PAYMENT. AND THEY MIGHT PREFER TO BOUNCE A SMALL CHECK AND JUST

KNOW THAT, OH, MY -- MY BIG CHECK DIDN'T CLEAR, BUT I JUST NEED TO BRING

IN, YOU KNOW, ANOTHER 20 OR 30 BUCKS AND I CAN MAKE SURE MY HOUSE

PAYMENT IS MADE OR MY CAR PAYMENT IS MADE. BUT UNDER THIS BILL, THAT

OPTION TO THE CONSUMER IS ELIMINATED AND THE BANK IS PROCESSING ALL OF

NYS ASSEMBLY MARCH 25, 2021

THOSE SMALLER CHECKS AND CLEARING OUT THEIR ACCOUNT. IT'S IMPORTANT TO

NOTE THAT IN ADDITION TO ELIMINATING CONSUMER CHOICE, THIS BILL ONLY

APPLIES TO STATE-CHARTERED BANKS. NOW, YOU MAY NOT KNOW THE

DIFFERENCE BUT I CAN HELP YOU OUT A LITTLE BIT. YOUR BIGGEST BANKS, LIKE

M&T, KEY BANK, HSBC, MOST OF YOUR BIGGEST BANKS ARE NOT

STATE-CHARTERED BANKS, THEY'RE FEDERALLY-CHARTERED. IF THEY HAVE AN NA

AFTER THEIR NAME, THAT MEANS NATIONAL ASSOCIATION, FEDERALLY-CHARTERED.

SO WE CREATE AN UNLEVEL PLAYING FIELD. WE SAY TO STATE-CHARTERED

BANKS, YOUR CUSTOMERS HAVE NO CHOICE. AND IF YOU'RE A CUSTOMER THAT

WANTS CHOICE, YOUR ONLY CHOICE IS TO GO TO A FEDERALLY-CHARTERED BANK.

LET'S LET OUR CUSTOMERS HAVE AS MANY OPTIONS AS THEY WANT. LET'S

RECOGNIZE THAT THEY KNOW BETTER THAN WE DO WHAT THEY NEED. AND LET'S

ALLOW OUR STATE-CHARTERED BANKS TO COMPETE WITH NATIONAL-CHARTERED

BANKS ON A LEVEL PLAYING FIELD.

THAT'S WHY I AND MANY OF MY COLLEAGUES WILL BE

OPPOSED TO THIS, AS WE HAVE BEEN IN THE PAST. THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1465. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

NYS ASSEMBLY MARCH 25, 2021

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. IF THERE ARE

MEMBERS THAT SUPPORT IT, THEY SHOULD CALL THE MINORITY LEADER'S OFFICE

SO THAT WE CAN RECORD THEIR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU. SO

NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE VOTING IN

THE AFFIRMATIVE ON THIS ONE. COLLEAGUES DECIDING TO BE AN EXCEPTION

SHOULD CONTACT THE MAJORITY LEADER'S OFFICE AND YOUR VOTE WILL BE SO

RECORDED.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES. SO NOTED.

(THE CLERK RECORDED THE VOTE.)

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU. THANK YOU, MR.

SPEAKER. THIS BILL DOES SEVERAL IMPORTANT THINGS. THE MOST IMPORTANT

ASPECT OF IT IS THAT IT SETS UP A UNIFORM POLICY AMONG STATE BANKS AS TO

HOW CHECKS ARE GOING TO BE CLEARED. SECONDLY, IT REQUIRES THAT THE

SUPERINTENDENT OF FINANCIAL SERVICES SET UP REGULATIONS. AND LASTLY, IT

REQUIRES THAT CONSUMERS BE NOTIFIED IN WRITING OF THE POLICY OF THE BANK

ON CLEARING CHECKS. NOW WITH RESPECT TO CLEARING CHECKS, WHAT IT SAYS

IS, THAT THERE HAS TO BE A STANDARD POLICY, WHICH IS ALREADY QUITE

COMMON AMONG FEDERAL AND STATE BANKS. AND IT LIMITS THE BANK'S

OPTIONS FOR THE BENEFIT OF THE CONSUMER. WHAT IT REQUIRES IS THAT THE

NYS ASSEMBLY MARCH 25, 2021

BANKS PAY CHECKS IN THE ORDER RECEIVED OR FROM THE SMALLEST TO THE

LARGEST ON A DAY'S TRANSACTIONS. THE REASON FOR THAT IS WE ARE TRYING TO

LIMIT THE NUMBER OF BOUNCED CHECKS. IF THE BANK TAKES THE LARGEST ONE

FIRST AND SEVERAL SMALLER ONES COME IN AND THERE'S NOT ENOUGH TO COVER

THE LARGER ONE, THE BANK MAY CHARGE THE CUSTOMER SEVERAL TIMES FOR

BOUNCED CHECKS. THIS BILL REQUIRES THAT IF A CHECK IS BOUNCED AND

THERE'S ENOUGH MONEY TO COVER THE ADDITIONAL CHECKS THAT COME IN, THE

BANK MUST CLEAR THOSE OTHER ONES AND NOT CHARGE A FEE, A BOUNCED

CHECK FEE. SO THIS IS A -- A PLAN THAT IS SET UP TO HELP CONSUMERS AND

LIMIT THE AMOUNT OF BOUNCED CHECKS THAT THEY MAY HAVE AND THE

BOUNCED CHECKS FEES.

NOW, WE'VE HEARD THE CONCERN THAT THIS WILL PREVENT

COMMERCIAL CUSTOMERS FROM DETERMINING -- NEGOTIATING WITH THE BANK.

WELL, FIRST OF ALL, AS WE KNOW, WHEN YOU WALK INTO THE BANK, THE BANK

HANDS YOU A PREPRINTED FORM. AND ANY COMMERCIAL CUSTOMER THAT'S BIG

ENOUGH CAN NEGOTIATE AN OVERDRAFT.

SO, MR. SPEAKER, I URGE MY COLLEAGUES TO VOTE FOR THIS

BILL WHICH WE'VE PASSED IN THE PAST. IT HAS ALREADY PASSED IN THE

SENATE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. MR.

ABINANTI IN THE AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE RECORD OUR COLLEAGUES MS. WOERNER AND MS. BUTTENSCHON

IN THE NEGATIVE ON THIS ONE.

NYS ASSEMBLY MARCH 25, 2021

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. DO YOU HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE NO

HOUSEKEEPING, BUT WE DO HAVE RESOLUTIONS. NO. 133 --

MRS. PEOPLES-STOKES: AND I BELIEVE WE HAVE

THREE COLLEAGUES THAT WOULD LIKE TO SPEAK ON THEM.

ACTING SPEAKER AUBRY: YES, WE DO. 0133,

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 133, MS.

RAJKUMAR.

LEGISLATIVE RESOLUTION RECOGNIZING MARCH 26, 2021

AS BANGLADESH INDEPENDENCE DAY.

ACTING SPEAKER AUBRY: MS. RAJKUMAR ON THE

RESOLUTION.

(PAUSE)

WE'RE HAVING TROUBLE GETTING HER.

MS. REYES ON --

MS. RAJKUMAR: THANK YOU.

ACTING SPEAKER AUBRY: -- ON THE RESOLUTION.

NO, MS. RAJKUMAR IS THERE. HOW ARE YOU?

NYS ASSEMBLY MARCH 25, 2021

MS. RAJKUMAR: HELLO. THANK YOU, MR. SPEAKER.

I AM PLEASED TO INTRODUCE THIS RESOLUTION RECOGNIZING MARCH 26, 2021

AS BANGLADESH INDEPENDENCE DAY. AS THE FIRST SOUTH ASIAN-AMERICAN

WOMAN EVER ELECTED TO THE LEGISLATURE IN OUR GREAT STATE, I INTRODUCE

THIS RESOLUTION WITH ENORMOUS PRIDE. I WISH TO THANK MY COLLEAGUES,

KARINES REYES AND ALICIA HYNDMAN WHO CARRIED THE TORCH FOR THIS

RESOLUTION BEFORE THERE WERE ANY SOUTH ASIANS YET ELECTED TO THIS BODY.

NOW WE ARE HERE. WE HAVE ARRIVED AT THE TABLE OF GOVERNMENT IN NEW

YORK STATE. BANGLADESHI AMERICANS THEMSELVES FIRST ARRIVED IN THE

UNITED STATES IN THE 1880S. THEN IN THE 1970S THEY STARTED ARRIVING IN

LARGE NUMBERS, BECOMING AMONG THE FASTEST-GROWING ETHNIC

COMMUNITIES. I AM PROUD TO REPORT THAT NEW YORK CITY IS HOME TO A

REMARKABLE TWO-THIRDS OF THE ENTIRE BANGLADESHI POPULATION IN THE

UNITED STATES. TODAY WE COMMEMORATE THE 50TH ANNIVERSARY OF

BANGLADESH'S INDEPENDENCE, THE 50TH GOLDEN JUBILEE. THIS IS AN

OCCASION OF GREAT HISTORIC AS WELL AS EMOTIONAL IMPORTANCE TO

BANGLADESHI AMERICANS. MANY OF THEM HAD TAKEN PART IN BANGLADESH'S

HARD-FOUGHT LIBERATION WAR FOR INDEPENDENCE EITHER ON THE BATTLEFIELD OR

THROUGH OTHER ACTIVITIES WHILE LIVING IN THE UNITED STATES. DURING THE

BANGLADESH LIBERATION WAR, MANY BANGLADESHI PEOPLE WERE THE

VICTIMS OF GENOCIDE. FIFTY YEARS LATER, THEIR MEMORY STILL INSPIRES THE

PEOPLE OF BANGLADESH TO BUILD A PEACEFUL NATION AND BANGLADESHI

AMERICANS TO ADVOCATE FOR GLOBAL PEACE. TODAY THE U.S. DEPARTMENT

OF STATE CITES BANGLADESH AS A GLOBAL EXAMPLE OF A DEMOCRATIC,

TOLERANT, PLURALISTIC AND MODERN NATION. LIKE MY OWN PARENTS WHEN

NYS ASSEMBLY MARCH 25, 2021

THEY IMMIGRATED FROM SOUTH ASIA, BANGLADESHI AMERICANS ARE

HARDWORKING, WORKING 25 HOURS A DAY TO ACHIEVE THE AMERICAN DREAM

FOR THEMSELVES AND THEIR CHILDREN. BANGLADESHI AMERICANS ARE THRIVING

IN THE FIELDS OF MEDICINE, ENGINEERING, BUSINESS, FINANCE AND

INFORMATION TECHNOLOGY. THEY ALSO -- ALSO ARE OUR RIDE-SHARE AND TAXI

DRIVERS, CONSTRUCTION WORKERS, SMALL BUSINESS OWNERS AND SERVICE

INDUSTRY EMPLOYEES UPON WHICH OUR ECONOMY DEPENDS. AND MOST OF

ALL, THEY ARE PROUD AMERICANS WITH HIGH ASPIRATIONS. BANGLADESHI

AMERICANS IN MY DISTRICT IN SOUTH QUEENS MOVE ME EVERY DAY WITH

THEIR SINCERITY AND COMMITMENT TO THE GREATER GOOD. THIS YEAR,

BANGLADESHI LEADERS WERE NOTABLE FOR STEPPING UP DURING THE

COVID-19 CRISIS, OFTEN AT GREAT RISK TO THEMSELVES, TO HELP THEIR

NEIGHBORS OF ALL BACKGROUNDS.

AS THE FIRST SOUTH ASIAN AMERICAN WOMAN TO JOIN THIS

LEGISLATIVE BODY, BUT CERTAINLY NOT THE LAST ONE, I AM SO PROUD TO

SPONSOR THIS RESOLUTION COMMEMORATING BANGLADESH INDEPENDENCE

DAY. TODAY THE STATE ASSEMBLY WILL JOIN TENS OF THOUSANDS OF

BANGLADESHI AMERICANS IN OUR STATE TO RECOGNIZE MARCH 26, 2021 AS

BANGLADESH INDEPENDENCE DAY AND TO COMMEMORATE THE MUJIB YEAR.

THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

MS. REYES ON THE RESOLUTION.

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

THANK THE SPONSOR OF THIS LEGISLATION. AS SHE MENTIONED, I HAVE CARRIED

IT FOR THE PAST THREE YEARS. FOR ME, IT'S AN HONOR TO CARRY -- TO BE A

NYS ASSEMBLY MARCH 25, 2021

SPONSOR OF THIS LEGISLATION. THE 87TH ASSEMBLY DISTRICT IS ACTUALLY

HOME TO THE SECOND-LARGEST CONCENTRATION OF BANGLADESHI AMERICANS,

AND THEY ADD SUCH A VIBRANCY TO THE FABRIC OF OUR COMMUNITY. I AM

CALLED KARINA APA IN MY -- IN MY NEIGHBORHOOD AND FOR ME IT'S AN

HONOR. I AM AN ADOPTED DAUGHTER OF THE BANGLADESHI COMMUNITY, AND I

AM SO PROUD OF THEIR ACHIEVEMENTS AND THEIR ACCOMPLISHMENTS AND

THEIR CONTRIBUTIONS NOT JUST TO THE COMMUNITY THAT WE LIVE IN, BUT TO OUR

SOCIETY AND OUR CITY AS A WHOLE.

SO, THANK YOU AGAIN FOR THE -- THE SPONSOR AND HAPPY

BANGLADESHI INDEPENDENCE DAY.

ACTING SPEAKER AUBRY: THANK YOU.

MR. WEPRIN.

MR. WEPRIN: I'M TRYING TO UNMUTE MYSELF. HOLD

ON.

ACTING SPEAKER AUBRY: YOU ARE UNMUTED,

SIR.

MR. WEPRIN: THANK YOU, MR. SPEAKER. IT'S A GREAT

PLEASURE TO JOIN MY NEIGHBORING COLLEAGUES -- COLLEAGUE JENIFER

RAJKUMAR IN SUPPORTING THIS RESOLUTION, AS WELL AS KARINES REYES, A

FORMER SPONSOR OF THIS RESOLUTION. I HAVE ONE OF THE LARGEST

BANGLADESHI POPULATIONS IN MY ASSEMBLY DISTRICT, AND IT'S HOME TO THE

LARGEST MOSQUE IN NEW YORK CITY, THE JAMAICA MUSLIM CENTER, VERY

CLOSE TO WHERE I LIVE. AND THAT MOSQUE IS -- IS MOSTLY A BANGLADESHI

MOSQUE. AND I'VE BEEN SO PROUD TO WORK WITH THAT MOSQUE AND THE

BANGLADESHI COMMUNITY IN QUEENS DURING THIS PANDEMIC WITH

NYS ASSEMBLY MARCH 25, 2021

NUMEROUS FOOD DISTRIBUTIONS AND PPP DRIVES IN -- IN THE DOZENS, AND

THEY'VE REALLY STEPPED TO THE FRONT LINES. AND THEN OF COURSE THEY'RE THE

HEART - AS WAS MENTIONED BY THE SPONSOR OF THIS RESOLUTION - THE HEART

OF THE SMALL BUSINESS COMMUNITY, THE HEART OF THE MEDICAL COMMUNITY.

SO MANY DIFFERENT SUCCESSES IN THE -- IN THE BUSINESS COMMUNITY, AND I

AM -- AND THEY WERE ALSO INSTRUMENTAL IN SUPPORTING MY RELIGIOUS GARB

BILL BECAUSE THAT OBVIOUSLY WAS AN IMPORTANT BILL TO THE -- TO THE

BANGLADESHI AND MUSLIM COMMUNITY.

SO I'M VERY PROUD TO RECOGNIZE THE 50TH ANNIVERSARY

OF THEIR INDEPENDENCE. THEY'VE BEEN WONDERFUL CONSTITUENTS, THEY'RE A

WONDERFUL CONSTITUENCY IN NEW YORK CITY, AND I STRONGLY SUPPORT THIS

RESOLUTION. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I -- I'D LIKE TO THANK MY COLLEAGUES FOR INTRODUCING THIS -- THIS

RESOLUTION WHICH I THINK IS CRITICALLY IMPORTANT NOT JUST TO THE

BANGLADESH COMMUNITY, BUT, HONESTLY, MR. SPEAKER, TO OUR -- OUR

ENTIRE STATE. BECAUSE AS MY COLLEAGUES HAVE MENTIONED, THEY HAVE

LARGE NUMBERS OF THE BANGLADESH AMERICAN COMMUNITY IN THEIR

DISTRICTS. IN MY DISTRICT THIS IS A COMMUNITY THAT IS GROWING. AND NOT

ONLY ARE THEY GROWING, BUT THEY'RE CONTRIBUTING MEMBERS. THEY'RE

TRANSFORMING COMMUNITIES, THEY'RE OPENING BUSINESS AND THEY'RE VERY

MUCH WELCOME.

AND SO IT IS MY PLEASURE TO RISE AND SUPPORT MY

NYS ASSEMBLY MARCH 25, 2021

COLLEAGUES IN THIS RESOLUTION AND TO SUPPORT WITH THE NEW CITIZENS THAT

ARE ENTERING MY COMMUNITY WHICH WE ARE PLEASED, VERY PLEASED TO

HAVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GONZ�LEZ-ROJAS.

MS. GONZ�LEZ-ROJAS: THANK YOU, MR. SPEAKER.

AND I WANT TO THANK THE SPONSOR OF THIS RESOLUTION. NEW YORK CITY IS

THE HOME TO THE LARGEST BANGLADESHI IMMIGRANT POPULATION, AND MY

DISTRICT, THE 34TH ASSEMBLY DISTRICT, HAS ONE OF THE MOST VIBRANT

BANGLADESHI COMMUNITIES IN THE STATE AND IN THE COUNTRY. THEY ARE OUR

BUSINESS OWNERS, THEY ARE OUR NEIGHBORS, THEY ARE THE CHILDREN IN MY

SON'S SCHOOL. THEY HAVE CONTRIBUTED DEEPLY TO THE FABRIC OF OUR

COMMUNITY AND OUR SOCIETY, AND THEY HAVE BEEN ON THE FRONT LINES

DURING THIS PANDEMIC IN SERVING THE COMMUNITY, DOING FOOD

DISTRIBUTION, HELPING OUT OUR NEIGHBORS.

I AM SO PROUD TO SUPPORT THIS RESOLUTION AND I THANK

THE COSPONSORS -- THE SPONSOR AND THE COSPONSORS FOR TAKING THIS

FORWARD. SO, HAPPY BANGLADESHI INDEPENDENCE DAY.

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 134, MS.

JOYNER.

LEGISLATIVE RESOLUTION COMMEMORATING THE 110TH

ANNIVERSARY OF THE TRIANGLE SHIRTWAIST FACTORY FIRE ON MARCH 25,

NYS ASSEMBLY MARCH 25, 2021

2021.

ACTING SPEAKER AUBRY: MS. JOYNER ON THE

RESOLUTION.

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

ALLOWING ME TO SPEAK ON THIS VERY IMPORTANT RESOLUTION. TODAY WE

REMEMBER AN EVENT WHICH BECAME A TURNING POINT IN OUR HISTORY THAT

LED TO SWEEPING WORKPLACE SAFETY REFORMS IN NEW YORK STATE AND

ACROSS THE COUNTRY. TODAY MARKS THE 110TH ANNIVERSARY OF THE TRAGEDY

THAT OCCURRED AT THE TRIANGLE SHIRTWAIST FACTORY IN NEW YORK CITY ON

MARCH 25, 1911. HISTORY HAS IT RECORDED AS BEING THE DEADLIEST

INDUSTRIAL FIRES KNOWN TO US DURING THIS LIFETIME. THIS PREVENTABLE

INCIDENT CLAIMED THE LIVES OF 146 GARMENT WORKERS, MOSTLY YOUNG

WOMEN AND GIRLS. FOR YEARS WORKERS AT THE TRIANGLE SHIRTWAIST FACTORY

UNSUCCESSFULLY FOUGHT FOR ENHANCED LABOR RIGHTS AND PROTECTIONS. IN

1909, DISCONTENT OVER WORKING CONDITIONS AT THIS LOCATION AND AROUND

THE CITY LED TO THOUSANDS OF WORKERS TO GO ON STRIKE IN DEMAND OF SAFER

WORKING CONDITIONS AND HIGHER WAGES. AND JUST ONE DAY BEFORE THE

FIRE, THE NEW YORK STATE COURT OF APPEALS STRUCK DOWN A NEW

WORKMAN'S [SIC] COMPENSATION LAW AS UNCONSTITUTIONAL. SADLY, NONE

OF THESE IMPORTANT WORKER PROTECTIONS WOULD BE TAKEN SERIOUSLY UNTIL

TOO LATE. THE FIRE THAT BROKE OUT ON SATURDAY AFTERNOON WAS CAUSED BY

DANGEROUS AND DEPLORABLE CONDITIONS IN THE FACTORY. CRAMPED SPACES

AT THE SEWING MACHINES, NON-WORKING FIRE EXTINGUISHERS AND ELEVATORS,

NARROW FIRE ESCAPES AND EVEN LOCKED DOORS. IT WAS A COMMON PRACTICE

TO LOCK THE STAIRWAYS AND THE EXITS TO PREVENT WORKERS FROM TAKING

NYS ASSEMBLY MARCH 25, 2021

BREAKS WHICH LED TO MANY OF THE WORKERS BEING TRAPPED INSIDE THE

BURNING BUILDING. IN LESS THAN 18 MINUTES THE SMALL FIRE THAT HAD

STARTED ON THE EIGHTH FLOOR HAD COMPLETELY ENGULFED THE ENTIRE BUILDING.

THE EVENTS OF THAT DAY SHOCKED THE CONSCIENCE OF NEW YORKERS AND

HELPED UNITE ORGANIZED LABOR IN A WAY THAT HAS NEVER BEEN SEEN BEFORE.

A WEEK AFTER THE FIRE, THE LADIES GARMENT WORKERS UNION SET UP A

MARCH WITH OVER 80,000 PROTESTERS DEMANDING HIGHER WAGES, SHORTER

WORK HOURS AND OVERTIME PAY. THEY CALLED FOR INCREASED

ACCOUNTABILITY AND BETTER SAFETY CONDITIONS LIKE SPRINKLER SYSTEMS AND

ADEQUATE FIRE EXT -- FIRE ESCAPES. WITH PUBLIC OUTRAGE GROWING, THE

NEW YORK STATE LEGISLATURE ESTABLISHED THE FACTORY INVESTIGATING

COMMISSION. THIS BODY HAD THE ABILITY TO INVESTIGATE LABOR CONDITIONS

AND SPARKED A MUCH-NEEDED CHANGE FOR ENHANCED WORKPLACE SAFETY

REGULATIONS AND STRONGER ENFORCEMENT EFFORTS. THE INABILITY OF THE

VICTIMS' FAMILY MEMBERS TO RECEIVE COMPENSATION FOR THEIR LOVED ONES'

DEATH LED TO NEW YORK STATE CONSTITUTIONAL AMENDMENTS AND ALSO THE

ENACTMENT -- ENACTMENT OF A WORKERS' COMPENSATION LAW IN 1913.

THIS TRAGEDY SERVES AS THE MORAL FOUNDATION OF OUR FUNDAMENTAL LABOR

LAWS AND OUR MORAL COMPASS IN THE FIGHT FOR STRONGER PROTECTIONS AND

RIGHTS FOR ALL WORKERS.

TODAY WE BRING THIS RESOLUTION TO THE FLOOR TO HONOR

THEIR LIVES AND RECOGNIZE THEIR INDISPENSABLE CONTRIBUTIONS TO WHO WE

ARE AS NEW YORK STATE TODAY. THANK YOU, MR. SPEAKER, FOR ALLOWING

ME THIS OPPORTUNITY TO SPEAK ON THE FLOOR ABOUT THIS VERY IMPORTANT

INCIDENT. THANK YOU.

NYS ASSEMBLY MARCH 25, 2021

ACTING SPEAKER AUBRY: THANK YOU.

MS. GLICK.

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

THANK THE SPONSOR FOR BRINGING FORWARD THIS RESOLUTION. THE TRIANGLE

SHIRTWAIST FACTORY SITE IS IN MY DISTRICT, AND THERE ARE ANNUAL

COMMEMORATIONS WHICH HAVE BEEN SOMEWHAT IMPAIRED BY THIS

PANDEMIC. BUT ASIDE FROM THE FACT THAT IT WAS HORRIFIC AND PROVIDED A

SPRINGBOARD FOR WORKER SAFETY ACTIVITIES AND CHANGES IN LAW, WE HAVE

TO REMEMBER THAT THESE YOUNG WOMEN TRAPPED IN A FIRE, MANY ESCAPED

ONLY TO DIE AS THEY JUMPED FROM THE WINDOWS OF THIS FACTORY. IT IS A

CHILLING REMINDER OF THOSE WHO LEAPED TO THEIR DEATHS AT THE TRADE

CENTER. THE -- THE STRUGGLE FOR WOMEN TO HAVE THEIR PAY, THEIR WORK

RESPECTED CONTINUES TODAY, AND AS WE COMMEMORATE THOSE WHO DIED IN

THE TRIANGLE SHIRTWAIST FACTORY FIRE AND THOSE WHO FOUGHT THE GOOD

FIGHT FOR BETTER WORK -- WORKING CONDITIONS, WE REALIZE THAT DURING THIS

WOMEN'S HISTORY MONTH WE HAVE STILL NOT ACHIEVED FULL EQUALITY FOR

WOMEN IN THE WORKPLACE.

BUT AGAIN, I WANT TO THANK THE SPONSOR FOR BRINGING

THIS FORWARD. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. LUNSFORD.

MS. LUNSFORD: THANK YOU VERY MUCH. I WANT TO

COMMEND THE SPONSOR OF THIS BILL -- THIS RESOLUTION. AS AN ATTORNEY

WHO PRACTICED WORKERS' COMPENSATION LAW FOR A DECADE, THIS TRAGEDY

WAS ALWAYS FRONT OF MIND FOR US. A LOT OF TIMES, PARTICULARLY HERE IN

NYS ASSEMBLY MARCH 25, 2021

THE LEGISLATURE, WHEN WE DISCUSS WORKERS' COMPENSATION WE TALK

ABOUT IT AS A BURDEN ON BUSINESSES. WE TALK ABOUT THE RATES. WE TALK

ABOUT THE WAY THE -- THE COURT SYSTEM OPERATES. AND I THINK WE

SOMETIMES FORGET WHY WE HAVE A WORKERS' COMPENSATION SYSTEM, AND

THE MORAL OBLIGATION THAT WE HAVE TO PROTECT WORKERS AND TO ENSURE THAT

OUR WORKPLACES ARE SAFE.

SO I JUST WANTED TO TAKE A MOMENT TO ACKNOWLEDGE THE

IMPORTANCE OF THIS EVENT IN OUR STATE'S HISTORY, BUT ALSO IN OUR COUNTRY'S

HISTORY AND THE CONTINUED FIGHT TO ENSURE THAT OUR WORKERS ARE TAKEN

CARE OF. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GALLAGHER.

MS. GALLAGHER: THANK YOU. AND I WOULD LIKE

TO THANK THE -- MY COLLEAGUE FOR BRINGING THIS RESOLUTION FORWARD. THE

TRIANGLE SHIRTWAIST FACTORY FIRE WAS A TINDERBOX THAT BROUGHT ATTENTION

TO THE LONG STRUGGLE OF THESE WOMEN WORKERS WHO WERE MOSTLY

IMMIGRANT TEENAGERS, TO HAVE THEIR WORK RESPECTED. AND IT WAS

BECAUSE OF THIS MOMENT THAT THEY WERE ABLE TO GET WIDER SUPPORT FOR

THEIR MISSION, WHICH HAD BEEN GOING ON STRIKE FOR A LONG TIME. AND IT

SHOULD BE NOTED ALSO THAT THESE WOMEN WERE OFTEN NOT ALLOWED TO JOIN

MEN'S UNIONS BECAUSE THEY WERE WOMEN WORKERS. AND IN THAT WE SAW

INCREDIBLE PERSEVERANCE, INCREDIBLE BOLDNESS AND BRAVERY TO STAND UP TO

THE ENTIRE SYSTEM, AND OFTEN TO THEIR FAMILIES WHO OFTEN DID NOT SUPPORT

THEM GOING ON STRIKE OR UNIONIZING. AND IT REMINDS ME SO MUCH THAT

WE HAVE SO MUCH WORK TO DO TODAY TO PROTECT OUR IMMIGRANT WORKERS

NYS ASSEMBLY MARCH 25, 2021

AND TO PROTECT WORKERS IN GENERAL. IN THE LAST SIX MONTHS I HAVE HEARD

FROM GIG WORKERS WHO ARE SEEKING THE OPPORTUNITY TO BE RESPECTED AS

EMPLOYEES AND PROTECTED. I'VE HEARD FROM HOME CARE HEALTH AIDES

FIGHTING AGAINST A 24-HOUR WORKDAY, AND I'VE HEARD FROM NURSES

FIGHTING FOR SAFE STAFFING. I THINK WE SHOULD CONSIDER THIS TO ALL BE A

PART OF THE SAME LONG STRUGGLE, AND I AM PROUD THAT I AM NOW IN THE

LEGISLATOR -- IN THE LEGISLATURE TO HELP FIGHT AND CONTINUE THIS

MOVEMENT OF WORKERS IN AMERICA ACROSS TIME.

SO THANK YOU VERY MUCH, AND I'M REALLY LOOKING

FORWARD TO THE WORK THAT WE WILL DO IN OUR GENERATION TO PROTECT

WORKERS GOING FORWARD.

ACTING SPEAKER AUBRY: THANK YOU.

MR. JACOBSON.

MR. JACOBSON: THANK YOU, MR. SPEAKER. AS A

FORMER WORKERS' COMPENSATION JUDGE AND PRACTITIONER OF WORKERS'

COMPENSATION LAW REPRESENTING CLAIMANTS FOR OVER 20 YEARS, I WISH TO

THANK THE SPONSOR FOR BRINGING THIS RESOLUTION. I URGE TO THE CURRENT

WORKERS' COMPENSATION BOARD TO REMEMBER THE HISTORY AND LEGACY OF

THE TRIANGLE SHIRTWAIST FACTORY FIRE AS IT MAKES ITS DECISIONS AND

PROMULGATES RULES. WE, AS A LEGISLATURE, SHOULD ALSO REMEMBER THIS

HISTORY AS WE DEBATE WORKERS' COMPENSATION LAWS IN THE FUTURE AND

REMEMBER WHY THEY'RE STILL IMPORTANT AND STILL NECESSARY IN THE YEAR

2021.

THANK YOU. I WILL -- THANK YOU FOR BRINGING THIS AND I

WILL BE WHOLEHEARTEDLY SUPPORTING THIS RESOLUTION.

NYS ASSEMBLY MARCH 25, 2021

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. REYES.

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

THANK THE SPONSOR FOR BRINGING FORTH THIS -- THIS RESOLUTION. AND LIKE SO

MANY OF MY COLLEAGUES MENTIONED BEFORE, THE PLIGHT OF WORKERS,

PARTICULARLY IMMIGRANT WORKERS MANY YEARS AGO, BUT THAT IS STILL NOT --

HASN'T CHANGED. AND WE'VE SEEN DURING THIS COVID PANDEMIC HOW

THE HEALTH AND SAFETY OF WORKERS IS STILL AN ISSUE THAT WE HAVE TO

CONTEND WITH.

SO, I -- I AM HAPPY TO -- TO SUPPORT THIS RESOLUTION

WITH THE UNDERSTANDING THAT THERE IS STILL A LOT OF WORK TO BE DONE TO

MAKE SURE THAT WE ARE PROTECTING ALL OUR WORKERS AND THE PEOPLE THAT

MAKE SURE OUR CITY CONTINUES TO RUN EVERY DAY. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SIMON.

(PAUSE)

MS. SIMON: GOT IT. THANK YOU, MR. SPEAKER. I'D

LIKE TO COMMEND THE -- THE SPONSOR OF THIS RESOLUTION AND -- AND ALSO

JUST TO ADD MY -- MY VOICE TO THE CALL FOR THE IMPROVEMENT OF WORKING

CONDITIONS IF -- FOR ALL WORKERS, BUT PARTICULARLY FOR WOMEN. AS WE

KNOW, WOMEN STILL ARE PAID LESS. THEY SUFFER UNDER WORSE CONDITIONS.

THEY OFTEN ARE REQUIRED TO USE EQUIPMENT, FOR EXAMPLE, ON JOB SITES

THAT ARE ACTUALLY THE DIMENSIONS THAT ARE IDEAL FOR MEN BUT, IN FACT,

HARM WOMEN'S BODIES. AND SO THERE ARE SO MANY WAYS IN WHICH

NYS ASSEMBLY MARCH 25, 2021

WOMEN ARE DISADVANTAGED IN THE WORKPLACE. AND THE TRIANGLE

SHIRTWAIST FACTORY FIRE REALLY STARTED THE BALL ROLLING. IT WAS A TRAGEDY.

AND I THINK BECAUSE SO MANY YOUNG WOMEN WERE LOST IN THAT -- IN THAT

FIRE IT TOUCHED THE HEARTS OF MANY PEOPLE. BUT IT HAS BEEN TOO LONG AND

MANY HEARTS ARE NO LONGER TOUCHED BY THOSE KINDS OF CIRCUMSTANCES

AND THINK THAT, IN FACT, EVERYTHING IS BETTER NOW. AND THE REALITY IS IT

STILL ISN'T, AND WE NEED TO BE THERE FOR OUR WORKERS AND FOR WOMEN AND

FOR IMMIGRANTS WHO ARE OFTEN SUBJECTED TO UNSAFE WORK CONDITIONS.

AND SO I THANK THE SPONSOR FOR THIS RESOLUTION.

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION -- ON THE RESOLUTION, ALL THOSE IN

FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

WE HAVE OTHER FINE RESOLUTIONS WHICH WE WILL TAKE UP

WITH ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSE, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NO. 139 WAS

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, MR. SPEAKER, THANK YOU. THERE

WILL BE A NEED FOR AN IMMEDIATE MAJORITY CONFERENCE AT THE CONCLUSION

NYS ASSEMBLY MARCH 25, 2021

OF OUR SESSION TODAY.

ACTING SPEAKER AUBRY: IMMEDIATE MAJORITY

CONFERENCE AT THE CONCLUSION OF SESSION.

MRS. PEOPLES-STOKES.

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

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL FRIDAY, MARCH THE 26TH,

TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE AT 2:00 P.M.

ON MONDAY, MARCH THE 30TH -- I'M ACTUALLY SORRY. IT'S TUESDAY, MARCH

THE 30TH BEING -- TUESDAY BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 12:14 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL FRIDAY, MARCH 26TH, THAT BEING A LEGISLATIVE DAY, AND

TO RECONVENE ON TUESDAY, MARCH 30TH AT 2:00 P.M., THAT BEING A

SESSION DAY.)