WEDNESDAY, MARCH 3, 2021 1:36 P.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 THE 2ND.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY MARCH 3, 2021

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

2ND AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, JUST TO

SHARE SOME INFORMATION REGARDING THE SCHEDULE FOR TODAY, BUT PRIOR TO

DOING THAT IF I COULD, I'D LIKE TO SHARE A QUOTE FROM MAYA ANGELOU,

WHO WAS AN AMERICAN POETIST AND A CIVIL RIGHTS ACTIVIST. SHE ACTUALLY

PUBLISHED SEVEN AUTOBIOGRAPHIES, THREE BOOKS OF ESSAYS AND SEVERAL

BOOKS OF POETRY. MAYA IS SHARING WITH US TODAY, EACH TIME A WOMAN

STANDS UP FOR HERSELF, SHE STANDS UP FOR ALL WOMEN. I WANT TO THANK

MS. ANGELOU POSTHUMOUSLY FOR HER QUOTE THAT SHE HAS LEFT US ALL TO PAY

ATTENTION TO.

SO NOW THE MEMBERS HAVE ON THEIR DESKS THE MAIN

CALENDAR. WE'RE GOING TO TAKE UP SOME PIECES OF MEASURES FROM THAT

ONE, MR. SPEAKER. WE'RE GOING TO START WITH CALENDAR NO. 89 BY MR.

GOTTFRIED; WE'RE GOING TO GO TO CALENDAR NO. 108 BY MR. EPSTEIN;

CALENDAR NO. 109 BY MS. COOK; FOLLOWED BY CALENDAR NO. 139 BY MS.

JEAN-PIERRE. IMMEDIATELY FOLLOWING THAT, MR. SPEAKER, WE ARE GOING TO

TAKE UP SOME OF THE MEASURES FROM OUR NURSING HOME PACKAGE. THERE

WE'RE GOING TO START WITH MR. BRONSON'S CALENDAR NO. 85; FOLLOWED BY

RULES REPORT NO. 25 BY MS. CRUZ; AND THEN RULES REPORT NO. 30 BY

MR. KIM; AND RULES REPORT NO. 32 BY MS. WALLACE. WE'RE GOING TO

GO IN THAT ORDER, MR. SPEAKER. AND IMMEDIATELY FOLLOWING OUR WORK

NYS ASSEMBLY MARCH 3, 2021

HERE - NOT THAT SOME OTHER THINGS MAY NOT COME UP, BUT FOR RIGHT NOW

THAT'S WHERE WE ARE - THERE IS GOING TO BE A NEED AT THE CLOSE OF SESSION

TODAY FOR A MAJORITY CONFERENCE AND, OBVIOUSLY, AS ALWAYS, WE WILL

TALK WITH OUR COLLEAGUES ON THE OTHER SIDE TO DETERMINE WHAT THEIR

NEEDS ARE.

THAT'S THE GENERAL OUTLINE OF WHERE WE'RE GOING, MR.

SPEAKER, AND IF THERE ARE ANY INTRODUCTIONS AND/OR HOUSEKEEPING, NOW

WOULD BE AN APPROPRIATE TIME.

ACTING SPEAKER AUBRY: SO FIRST OF ALL, WE

HAVE AN INTRODUCTION FROM ASSEMBLYMEMBER FALL.

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

INTRODUCE A LITTLE SUPERSTAR THAT WE HAVE HERE WITH US TODAY. MY LITTLE

PRINCESS WHO IS SEVEN YEARS OLD, MAIMOUNA LYNN FALL. HER SISTER

COULDN'T BE WITH US TODAY, SHE IS AT HOME, BUT SHE IS JOINING US

VIRTUALLY, NAILA SIMONE FALL. MAIMOUNA IS HERE IN ALBANY NOT ONLY

LEARNING VIRTUALLY, BUT SHE WILL DO A REPORT AT THE END OF THE WEEK ON

WHAT SHE IS LEARNING IN ALBANY, AND THAT WILL BE GIVEN TO HER TEACHER

NEXT WEEK, RIGHT BABY? RIGHT. ALL RIGHT, SO I'M VERY PROUD OF HER AND

ALL SHE HAS DONE AS A BIG SISTER AND I ASK IF YOU COULD WELCOME HER AND

HER SISTER, NAILA, TO THE PEOPLE'S HOUSE, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF ASSEMBLYMEMBER FALL, YOUR FATHER, WE WELCOME YOU HERE TO THE

NEW YORK STATE ASSEMBLY AND EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR ON BEHALF OF THE SPEAKER AND ALL THE MEMBERS. WE'RE SO PLEASED

THAT YOU COULD COME JOIN US HERE TODAY, SHARE THIS DAY WITH YOUR

NYS ASSEMBLY MARCH 3, 2021

FATHER, AND WE HOPE AT SOME TIME YOUR SISTER WILL BE ABLE TO COME UP

AND HAVE THE SAME EXPERIENCE, AND HAVING SEEN YOU ALREADY SIT AT THE

CHAIR UP HERE IN THE SPEAKER'S ROSTRUM, I KNOW THERE ARE GREAT THINGS

TO COME IN YOUR LIFE. THANK YOU SO VERY MUCH, AND YOU'RE WELCOME

HERE.

(APPLAUSE)

AND ONE OTHER ITEM OF HOUSEKEEPING. ON A MOTION BY

MR. GOTTFRIED, PAGE 13, CALENDAR NO. 80, BILL NO. A-00832,

AMENDMENTS ARE RECEIVED AND ADOPTED.

PAGE 3, ASSEMBLY NO. 73, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 73, MS.

LUPARDO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MARCH 2021 AS AMERICAN RED CROSS

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.

CALENDAR NO. 89, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00228, CALENDAR NO.

89, GOTTFRIED, ABINANTI, MCDONOUGH, THIELE, GUNTHER, MCDONALD,

SAYEGH, BARRON, QUART, ANDERSON, BYRNE, STECK, JACKSON, ZEBROWSKI.

AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO SOURCE PLASMA

DONATION CENTERS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

NYS ASSEMBLY MARCH 3, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT A-228. 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. A03078, CALENDAR NO.

108, EPSTEIN, SAYEGH, CRUZ, LAVINE, TAYLOR, SIMON, GOTTFRIED, L.

ROSENTHAL, REYES, COOK, BARRON, QUART, SEAWRIGHT, WEPRIN, COLTON.

AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO INCLUDING CREDITS

EARNED FROM A HIGHER EDUCATION INSTITUTION AS A CONDITION ON WHICH THE

MERIT BOARD MAY GRANT MERIT TIME.

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 A-3078. 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.)

NYS ASSEMBLY MARCH 3, 2021

MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. THIS IS SUCH AN IMPORTANT PIECE OF LEGISLATION. RIGHT

NOW WHEN PEOPLE WANT TO GO TO SCHOOL WHILE THEY'RE INCARCERATED,

THEY'RE NOT ELIGIBLE FOR MERIT TIME OR EARLY RELEASE TIME FOR TAKING THOSE

COLLEGE CLASSES. WE SEE PEOPLE DROPPING OUT OF COLLEGE TO GO TO OTHER

SCHOOLS, THE TECHNICAL SCHOOLS, THE BEAUTICIAN SCHOOL. THIS JUST PUTS

COLLEGE ON THE EVEN PLAYING FIELD. IT ENCOURAGES AND INCENTIVIZES

PEOPLE TO GO TO COLLEGE TO ADVANCE THEIR LIVES AND TO GET MERIT TIME FOR

IT. I WANT TO THANK THE SPEAKER FOR ALLOWING US TO MOVE THIS FORWARD. I

WOULD ENCOURAGE ALL MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE TO

SUPPORT STUDENTS WHO ARE INCARCERATED WITH MERIT TIME. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY BILL NO. A03173, CALENDAR

NO. 109, COOK, ZEBROWSKI. AN ACT TO AMEND THE GENERAL BUSINESS

LAW, IN RELATION TO REQUIRING PERSONS OFFERING WEIGHT LOSS SERVICES TO

PROVIDE NOTICE OF CERTAIN RISKS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

NYS ASSEMBLY MARCH 3, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT A-3173. 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.)

MS. KELLES TO EXPLAIN HER VOTE.

MS. KELLES: YEAH. I WANTED TO THANK

ASSEMBLYMEMBER COOK FOR BRINGING THIS FORWARD. I THINK THAT IT'S VERY

EASY TO OVERLOOK WHY THIS IS SO INCREDIBLY IMPORTANT. WITH A CULTURE

THAT IS OBSESSED ABOUT PHYSICAL APPEARANCE, IT IS SO CRITICAL THAT PEOPLE

DO UNDERSTAND THAT WEIGHT LOSS IS NOT SYNONYMOUS NECESSARILY AND --

AND AUTOMATICALLY WITH HEALTH. WE KNOW IN THE SCIENTIFIC LITERATURE

THAT -- THAT WEIGHT LOSS IF NOT COORDINATED WITH STRENGTH -- MUSCLE

STRENGTHENING, CAN CAUSE SIGNIFICANT MUSCLE LOSS WHICH CAN BE A HIGH

RISK FOR CERTAIN OTHER MORBIDITIES AND ISSUES, PARTICULARLY IN AGING.

SOMETHING CALLED "YO-YO DIETING" WHERE SOMEONE WILL LOSE WEIGHT

WHICH ACTUALLY CAN RESET OR TRIGGER OTHER ISSUES THAT WILL CAUSE WEIGHT

GAIN, AND IT'S CALLED YO-YO -- YO-YO CONDITION WHICH ACTUALLY IS HIGHLY

CORRELATED WITH SOME OF THE INCREASED RISKS FOR CARDIOVASCULAR DISEASE

AND HEART ISSUES. I THINK IT'S EXTREMELY IMPORTANT THAT WE ALL

UNDERSTAND THAT THERE ARE MANY OTHER MEASURES OF HEALTH RATHER THAN

SIMPLY APPEARANCE AND BODY SIZE, SO THANK YOU SO MUCH. I THINK IT'S

REALLY IMPORTANT THAT WE ARE PUSHING THIS FORWARD AND WE ARE MORE

COMPREHENSIVE ABOUT WHAT WE UNDERSTAND AS HEALTH FOR HUMANITY. SO

NYS ASSEMBLY MARCH 3, 2021

THANK YOU SO MUCH, AND I AM VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. KELLES IN THE

AFFIRMATIVE.

ARE THERE --

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING REPUBLICANS IN THE NEGATIVE: MR. FITZPATRICK, MR. SCHMITT,

MR. WALCZYK, AND MS. WALSH. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR. SO

NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY BILL NO. A05456, CALENDAR

NO. 134, JEAN-PIERRE, OTIS, STERN, ZEBROWSKI, GUNTHER, SAYEGH,

JACKSON, JACOBSON, DICKENS, GALEF, SILLITTI, LAVINE. AN ACT TO AMEND

THE EDUCATION LAW, IN RELATION TO LIBRARY AND SCHOOL DISTRICT

PETITIONING; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

JEAN-PIERRE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT S-4430. THIS IS A FAST ROLL CALL. ANY MEMBER

NYS ASSEMBLY MARCH 3, 2021

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.)

(PAUSE)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01052-B, CALENDAR

NO. 85, BRONSON, GOTTFRIED, WEINSTEIN, LUPARDO, SEAWRIGHT, STERN,

FAHY, CLARK, MCMAHON, NOLAN, JACOBSON, SIMON, MEEKS, WOERNER,

JONES, ENGLEBRIGHT, GRIFFIN, LUNSFORD, SANTABARBARA, WALLACE, BARRETT,

STECK, BARRON, NORRIS, THIELE, GONZALEZ-ROJAS, BUTTENSCHON, WALSH,

GLICK, VANEL, CAHILL, L. ROSENTHAL, PICHARDO, RICHARDSON, ZEBROWSKI,

WILLIAMS, BICHOTTE HERMELYN, ANDERSON, CONRAD, STIRPE, DINOWITZ, J.

D. RIVERA, ABBATE, OTIS, SMITH, AUBRY, COOK, CARROLL, ROZIC,

ABINANTI, GALLAGHER, FORREST. AN ACT TO AMEND THE PUBLIC HEALTH LAW

AND THE SOCIAL SERVICES LAW, IN RELATION TO PERSONAL AND

COMPASSIONATE CAREGIVING VISITORS FOR RESIDENTS OF NURSING HOMES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

AN EXPLANATION IS REQUESTED, MR. BRONSON.

MR. BRONSON: YES, MR. SPEAKER. THIS BILL WOULD

AUTHORIZE FAMILIES TO DESIGNATE UP TO TWO CAREGIVERS TO VISIT LOVED ONES

AND ASSIST IN THEIR CARE. IT WOULD DIRECT THE RESPECTIVE COMMISSIONER

NYS ASSEMBLY MARCH 3, 2021

TO DEVELOP A PROCESS TO ALLOW FOR VISITATION OF RESIDENTS IN NURSING

HOMES AND ADULT CARE FACILITIES BY THOSE DESIGNATED CAREGIVERS AND FOR

COMPASSIONATE CARE VISITATIONS. THE BILL WILL ALSO EXPAND THE

DEFINITION OF "COMPASSIONATE CARE" FROM STRICTLY END-OF-LIFE SITUATIONS

TO OTHER CASES WHERE A DECLINE IN PHYSICAL, MENTAL, OR EMOTIONAL

WELL-BEING REQUIRES NEEDED ATTENTION FROM FAMILY. THE PERSONAL

CAREGIVING VISITOR WOULD BE EXEMPT FROM GENERAL PROHIBITIONS OF

VISITATION, ALTHOUGH THE BILL WOULD REQUIRE SAFETY PROCEDURES AND

PROTOCOLS, AT A MINIMUM THOSE REQUIRED OF STAFF, IN ORDER TO PROTECT THE

HEALTH AND WELFARE OF RESIDENTS, THEIR VISITORS, AND STAFF MEMBERS.

DURING COVID, VISITATION IN THESE FACILITIES WAS

INITIALLY ONLY ALLOWED IF THERE WERE NO COVID CASES FOR 28

CONSECUTIVE DAYS AMONG RESIDENTS AND STAFF OF THE PARTICULAR FACILITY.

NOW THAT NUMBER IS 14 CONSECUTIVE DAYS. DURING OUR NURSING HOME

HEARINGS LAST FALL, WE HEARD FROM MANY PEOPLE WHO TESTIFIED THIS

RESTRICTION EFFECTIVELY BANNED VISITATION IN MANY FACILITIES, AND THE

RESULTING ISOLATION LED TO A DECLINE IN THE PHYSICAL AND MENTAL HEALTH OF

RESIDENTS IN THEIR -- IN THESE FACILITIES.

THIS BILL ADDRESSES THAT ISSUE THROUGH A SAFEGUARDING

PROCESS TO ALLOW FAMILY MEMBERS AND CAREGIVERS TO ONCE AGAIN VISIT

THEIR LOVED ONES. THE BILL IS INTENDED TO REUNITE FAMILIES THAT HAVE

LONG BEEN SEPARATED FROM THEIR LOVED ONES IN NURSING HOMES AND

LONG-TERM CARE FACILITIES. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. MILLER.

NYS ASSEMBLY MARCH 3, 2021

MS. MILLER: CAN YOU HEAR ME?

ACTING SPEAKER AUBRY: YES, WE CAN, MS.

MILLER.

MS. MILLER: I APOLOGIZE, MY DOG IS BARKING. THE

LOVE OF ZOOM AT HOME.

I JUST HAVE A COUPLE OF QUESTIONS IF THE SPONSOR WOULD

YIELD?

ACTING SPEAKER AUBRY: PLEASE.

MR. BRONSON: YES, I WILL.

MS. MILLER: THANK YOU. THE FIRST IS THAT I SEE THAT

THIS BILL GOES THROUGH THE COMMISSIONER OF HEALTH. IS THAT JUST FOR THE

-- TO SET UP THE PROCESS OF AUTHORIZING ESSENTIAL PERSONS TO INDIVIDUALS,

OR DO THEY NEED TO GO TO THE -- THROUGH THE COMMISSIONER EACH TIME

THEY'RE TRYING TO -- A NURSING HOME OR, YOU KNOW, A FAMILY IS TRYING TO

SET UP AN ESSENTIAL PERSON?

MR. BRONSON: YES, THAT'S A VERY GOOD QUESTION.

NO. THE COMMISSIONER WOULD BE CHARGED WITH SETTING UP THE PROTOCOL

FOR THE DESIGNATION OF THE CAREGIVERS, WHEN THERE WOULD BE

REPLACEMENT OF CAREGIVERS, WHAT THAT PROCESS WOULD BE, ALONG WITH THE

-- THE STANDARDS THAT WOULD HAVE TO BE FOLLOWED IN ORDER FOR THE FAMILY

TO COME IN. THERE WOULD NOT BE A NEED FOR EACH FAMILY TO GET SPECIAL

PERMISSION THROUGH THE DEPARTMENT OF HEALTH.

MS. MILLER: OR THE HOME, TO HAVE TO --

MR. BRONSON: OR THE HOME TO GET SPECIAL

PERMISSION, EITHER.

NYS ASSEMBLY MARCH 3, 2021

MS. MILLER: OKAY. THAT'S A VERY GOOD DISTINCTION.

THANK YOU. THE OTHER IS I SEE THAT IT'S 45 DAYS. IS THAT 45 DAYS BEFORE

IT BECOMES EFFECTIVE TO GIVE THEM THE TIME BECAUSE, QUITE HONESTLY, WE

NEED OUR, YOU KNOW, THEY NEED THEIR FAMILY MEMBER, THEY NEED THEIR

CAREGIVER IN THERE YESTERDAY SO ANOTHER 45 DAYS, HONESTLY SOMEBODY

COULD DIE IN THAT PERIOD OF TIME FROM THE NEGLECT AND THE FAILURE TO

THRIVE AND EVERYTHING THAT THEY'RE EXPERIENCING.

MR. BRONSON: I FULLY AGREE WITH YOU. I WISH WE

COULD DO THIS YESTERDAY, ACTUALLY, AND I WISH WE COULD SET IT UP FOR IT TO

HAPPEN TOMORROW, BUT THE 45 DAYS IS TO GIVE THE AGENCIES AN

OPPORTUNITY TO SET THE RULES AND TO MOVE A PROCESS FORWARD. BUT I, TOO,

WISH THAT WE COULD DO IT QUICKER.

MS. MILLER: WELL, AND THAT BEING SAID, IF THERE'S

ANY WAY TO TRY AND, YOU KNOW, AMEND IT OR ASK FOR ANY CONSIDERATION TO

SPEED THAT UP, BECAUSE I THINK THAT IT'S, YOU KNOW, IT'S ANOTHER

MONTH-AND-A-HALF. IT'S QUITE A, YOU KNOW, A LONG TIME WHEN YOU'RE

KEPT APART FROM YOUR FAMILY MEMBER AND YOU'RE TERRIBLY WORRIED. SO

THANK YOU, AND THANK YOU FOR THIS BILL. I HAD A VERY SIMILAR BILL. MINE

DIDN'T HAVE THE COMMISSIONER OF HEALTH, BUT I DO THANK YOU FOR THIS

LEGISLATION.

MR. BRONSON: THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. JENSEN.

MR. JENSEN: THANK YOU, MR. SPEAKER.

ON THE BILL.

NYS ASSEMBLY MARCH 3, 2021

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. JENSEN: I FIRST WANTED TO THANK THE SPONSOR,

THE ESTEEMED DEAN OF THE DELEGATION FROM MONROE COUNTY, FOR PUTTING

THIS -- THIS BILL FORWARD. I WISH, MUCH LIKE MY COLLEAGUE WHO SPOKE

BEFORE ME, THAT THIS BILL WASN'T NECESSARY. I BELIEVE IT'S POSITIVELY

SHAMEFUL THAT THE DEPARTMENT OF HEALTH HAD NOT WORKED ON A

MECHANISM TO GET FAMILIES AND LOVED ONES BACK INTO NURSING HOMES AT

SOME POINT EARLIER IN THIS PROCESS. THE FACT THAT WE HAVE LOVED ONES,

ELDERS, DYING IN ISOLATION IS SHAMEFUL. I APPRECIATE THE BILL COMING

FORWARD, THAT WE'RE GOING TO GET OUR LOVED ONES, OUR CAREGIVERS BACK IN

THE NURSING HOMES, BUT THERE SHOULD HAVE BEEN PLANS BY THE

DEPARTMENT OF HEALTH TO HAVE THIS IN PLACE BEFORE. AND TO SAY THAT

THESE QUESTIONS WERE RAISED IN AUGUST AND THEY DIDN'T DO ANYTHING IN

RESPONSE IS EXTREMELY DISAPPOINTING. SO I THANK MY COLLEAGUE FOR

BRINGING THIS BILL TO THE FLOOR. I SINCERELY HOPE THAT THE DEPARTMENT OF

HEALTH DOES NOT WAIT THE 45 DAYS THAT ARE IN THE LEGISLATIVE LANGUAGE

AND THAT THEY IMMEDIATELY INSTITUTE THE POLICIES AND PROCEDURES IN

PLACE TO ALLOW OUR LOVED ONES TO SEE THEIR LOVED ONES AS SOON AS

POSSIBLE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 45 DAYS.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT S-614-B. THIS IS A FAST ROLL CALL. ANY MEMBER

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

NYS ASSEMBLY MARCH 3, 2021

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. BARRON TO EXPLAIN HIS VOTE.

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

THANK THE SPONSOR FOR THIS BILL. MY MOTHER-IN-LAW IS IN A NURSING HOME

AND WE NOTICED THAT WHEN WE COULDN'T GO TO SEE HER THAT HER CONDITION

WAS DETERIORATING. SO WHAT WE DID, I THOUGHT IN A VERY INTERESTING,

CREATIVE WAY, SOME OF YOU MAY HAVE DONE IT, TOO, BUT YOU MIGHT WANT

TO CONSIDER IT, WE HAD THEM BRING MY MOTHER-IN-LAW DOWN IN THE LOBBY

AND WE STAYED OUTSIDE SO WE COULD SEE HER, YOU KNOW, FROM THE

WINDOW OUTSIDE. AND SO SHE WAS -- SHE WAS RIGHT THERE AND WE WERE

ABLE TO SEE HER AND EVEN IN THAT DISTANCE, IT STILL WASN'T AS GOOD AS

ACTUALLY BEING INSIDE AND MY WIFE DOING HER HAIR AND TOUCHING, YOU

KNOW, AND ALL OF THAT, BUT THAT LITTLE BIT THERE SHE STARTED TO REBOUND AND

FEEL BETTER BECAUSE SHE COULD AT LEAST SEE US. AND WE HAD TO BREAK THE

ICE BECAUSE WHEN WE FIRST STARTED SEEING HER THROUGH THE GLASS, SHE

WASN'T RESPONDING BECAUSE SHE WAS FEELING LIKE MAYBE WE ABANDONED

HER. SHE DIDN'T UNDERSTAND, YOU KNOW, THE SITUATION.

SO, THIS IS A VERY, VERY IMPORTANT BILL AND I AGREE, IF

THEY CAN DO SOMETHING TO EXPEDITE THE 45 DAYS OR MAKE IT SHORTER, THAT

WOULD DEFINITELY -- BUT I'M DEFINITELY VOTING IN THE AFFIRMATIVE AND I

APPRECIATE THE SPONSOR FOR BRINGING THIS BILL FORWARD. I THINK A LOT OF

FAMILIES WILL BE VERY, VERY GRATEFUL IN THIS STATE FOR THIS BILL.

ACTING SPEAKER AUBRY: MR. BARRON IN THE

AFFIRMATIVE.

NYS ASSEMBLY MARCH 3, 2021

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. I RISE TO

THANK THE SPONSOR FOR BRINGING THIS BILL FORWARD. THIS IS SUCH AN

IMPORTANT BILL. I THINK THAT NO MATTER WHERE WE'RE FROM, WE ALL HAVE

STORIES LIKE THE ONE THAT MR. BARRON JUST TOLD. MY MOM, WE HAD TO

CELEBRATE HER 94TH BIRTHDAY IN A SENIOR APARTMENT SITUATION BY STANDING

OUTSIDE AND WAVING A BANNER WHICH SHE COULD NOT SEE BECAUSE OF HER

MACULAR DEGENERATION, BUT WE TRIED TO SHOUT LOUD ENOUGH SO SHE COULD

AT LEAST HEAR US.

WE NEED TO RECOGNIZE THAT NOT ONLY DOES -- DO OUR

SENIORS NEED VISITS FOR THEIR OWN MENTAL HEALTH BUT, IN MANY INSTANCES,

CAREGIVERS, FAMILY CAREGIVERS, THAT ARE COMING IN ARE PROVIDING SO

MUCH ESSENTIAL CARE TO THESE ELDERLY RESIDENTS, AND RESIDENTS OF GROUP

HOMES AND RESIDENTIAL HOMES. AND, YOU KNOW, AT LEAST MY MOTHER

UNDERSTOOD WHY WE COULDN'T COME BY. ASSEMBLYWOMAN MILLER AND I

DID A ZOOM EARLIER LAST YEAR WHERE WE WERE TALKING -- IT WAS

HEARTBREAKING, TALKING TO PARENTS OF YOUNG ADULTS WITH DEVELOPMENTAL

DISABILITIES WHO DID NOT UNDERSTAND WHY THEIR FAMILY COULDN'T COME BY

AND SEE THEM. AND SO, THIS IS SORELY NEEDED. I -- I THANK THE SPONSOR

AND I WILL ENTHUSIASTICALLY CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

AFFIRMATIVE.

MS. LUNSFORD.

MS. LUNSFORD: THANK YOU VERY MUCH. I ALSO

WOULD LIKE TO THANK THE SPONSOR OF THIS BILL. I KNOW HOW HARD MY

NYS ASSEMBLY MARCH 3, 2021

COLLEAGUE HAS BEEN WORKING ON THIS AND FOR HOW LONG, SO THIS IS WELL

OVERDUE AND I'M VERY EXCITED THAT IT'S PASSING TODAY. MY FATHER-IN-LAW

IS IN A LONG-TERM CARE FACILITY. NEITHER ME NOR MY FOUR-YEAR-OLD HAVE

SEEN HIM SINCE FEBRUARY, AND MY FOUR-YEAR-OLD DOES NOT REMEMBER

WHAT HIS GRANDFATHER LOOKS LIKE. I HAVE HEARD FROM CONSTITUENTS, I'VE

HEARD FROM FAMILY FRIENDS, I'VE HEARD FROM RELATIVES ABOUT HOW THEIR

FAMILY MEMBER, THEIR LOVED ONE DOESN'T EAT IF THEY'RE NOT THERE, THAT

THEY DON'T TAKE THEIR MEDICINE IF THEY'RE NOT THERE. SO THE ENORMOUS

IMPACT THIS IS GOING TO HAVE ON FAMILIES ACROSS THE STATE CANNOT BE

UNDERSTATED. SO THANK YOU SO MUCH. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. LUNSFORD IN THE

AFFIRMATIVE.

MR. SANTABARBARA.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER,

IN EXPLAINING MY VOTE, WHILE COVID-19 HAS CERTAINLY IMPACTED ALL OF

US, OUR LOVED ONES IN NURSING HOMES ACROSS THE STATE HAVE BEEN

ISOLATED FROM THEIR FAMILIES FOR FAR TOO LONG. WITH ALL THAT'S HAPPENED,

NURSING HOME RESIDENTS STILL CONTINUE TO EXPERIENCE PHYSICAL AND

EMOTIONAL PAIN DUE TO ISOLATION. AS VACCINE DISTRIBUTION CONTINUES, WE

MUST MOVE FORWARD WITH SAFE VISITATION SOLUTIONS, AND THAT'S WHAT THIS

BILL DOES TO ADDRESS THE DAMAGE THAT PROLONGED ISOLATION HAS CAUSED FOR

NURSING HOME RESIDENTS AND THEIR FAMILIES, INCLUDING LONELINESS, A LACK

OF MOTIVATION, NEGLECT OF PHYSICAL NEEDS, AND A GENERAL FAILURE TO

THRIVE.

THIS BILL WILL ALLOW CAREGIVERS TO ONCE AGAIN BE ABLE

NYS ASSEMBLY MARCH 3, 2021

TO PROVIDE THE PHYSICAL AND EMOTIONAL SUPPORT THAT LOVED ONES NEED TO

THRIVE. IT TAKES IMPORTANT STEPS TOWARDS RESTORING THE EMOTIONAL HEALTH

OF FAMILIES, FRIENDS, AND NEIGHBORS THAT ARE STRUGGLING WITH LOVED ONES

ISOLATED IN NURSING HOMES. I'M A COSPONSOR ON THIS BILL AND I

ENCOURAGE MY COLLEAGUES TO SUPPORT IT. I THANK THE SPONSOR FOR

BRINGING IT FORWARD AND I ENCOURAGE EVERYONE TO SUPPORT IT. PEOPLE

HAVE BEEN WITHOUT THE PHYSICAL SUPPORT OF THEIR FAMILIES FOR FAR TOO

LONG. THESE INDIVIDUALS NEED TO SEE THEIR FAMILIES AGAIN, AND I CAST MY

VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SANTABARBARA IN

THE AFFIRMATIVE.

MS. SEAWRIGHT.

MS. SEAWRIGHT, YOU HAVE TO UNMUTE YOURSELF, OR HAVE

HER UNMUTED. THERE WE GO.

MS. SEAWRIGHT: SORRY ABOUT THAT, MR. SPEAKER. I

WAS JUST HAVING DIFFICULTY. JUST TO EXPLAIN MY VOTE. AGAIN, I WANT TO

ECHO WHAT SO MANY OF MY COLLEAGUES HAVE SAID TODAY. THIS IMPORTANT

PIECE OF LEGISLATION IS MUCH NEEDED. I HAVE HEARD FROM NUMEROUS

RESIDENTS AT COLER HOSPITAL LONG-TERM CARE FACILITY ON ROOSEVELT

ISLAND, AS WELL AS MARY MANNING WALSH, AND I HAVE ONE CONSTITUENT

THAT REGULARLY COMES TO MY OFFICE, AND WE TRY TO LET HER FACETIME HER

ADULT DAUGHTER WHO IS IN A HOME. AND SO, THIS PIECE OF LEGISLATION IS

CRITICALLY IMPORTANT SO THAT THOSE IN NURSING -- (UNINTELLIGIBLE/MIC CUT

OUT)

ACTING SPEAKER AUBRY: WE HAVE A TECHNICAL

NYS ASSEMBLY MARCH 3, 2021

PROBLEM.

MS. SEAWRIGHT: -- NURSING HOMES. SO, I'M

PLEASED TO BE A COSPONSOR. THANK YOU.

ACTING SPEAKER AUBRY: MS. SEAWRIGHT IN THE

AFFIRMATIVE.

MR. KIM ON -- TO EXPLAIN HIS VOTE.

MR. KIM: THANK YOU, MR. SPEAKER. I, TOO, JOIN MY

COLLEAGUES IN THANKING THE MAIN SPONSOR. AS THE PREVIOUS CHAIR OF THE

COMMITTEE ON AGING, WHEN WE HAD OUR TRANSITIONAL MEETING, THIS WAS

AT THE TOP OF MR. BRONSON'S LIST OF THINGS THAT HE WANTED TO GET DONE AS

SOON AS POSSIBLE. SO I'M VERY PROUD TO JOIN HIM IN PASSING THIS BILL. I

KNOW THAT THIS IS AN ISSUE THAT IMPACTS EVERYONE FROM ALL ACROSS THE

STATE, INCLUDING MEMBERS FROM THE OTHER SIDE OF THE AISLE. I KNOW THAT

-- I KNOW FOR A FACT THAT MS. MILLER ALSO HAD WORKED VERY HARD ON

GETTING THIS DONE. SO, I'M VERY GLAD THAT WE CAN HAVE THE FULL SUPPORT

OF THIS LEGISLATIVE BODY AS WE TRY TO REUNITE FAMILIES THAT HAVE BEEN

SEPARATED FOR SO MANY MONTHS. AND AS MY COLLEAGUES ALREADY HAS

SAID, THIS IS NOT JUST ABOUT COVID ANYMORE, THIS IS ABOUT THE MENTAL

HEALTH OF OLDER ADULTS THAT HAVE FELT ISOLATED AND THAT FEEL LIKE NO ONE

CARES FOR THEM FROM THEIR OWN FAMILIES. SO I'M GLAD THAT WE CAN

FINALLY GET THIS DONE AND, AGAIN, THANK YOU AND I PROUDLY SUPPORT THIS

AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. KIM IN THE

AFFIRMATIVE.

MRS. GRIFFIN.

NYS ASSEMBLY MARCH 3, 2021

MRS. GRIFFIN: THANK YOU FOR ALLOWING ME TO

EXPLAIN MY VOTE, MR. SPEAKER. I COMMEND THE SPONSOR FOR INTRODUCING

THIS BILL AND I AM PROUD TO BE ONE OF THE COSPONSORS. OVER THE PAST

YEAR, I SPOKE TO COUNTLESS CONSTITUENTS AND FRIENDS THAT WERE CUT OFF

FROM VISITING THEIR LOVED ONES IN NURSING HOMES, ASSISTED LIVING, AND

LONG-TERM CARE FACILITIES. IT WAS JUST A REALLY CHALLENGING TIME FOR

EVERYONE, AND IT WAS REALLY SAD TO HEAR, YOU KNOW, HOW THEY FELT AND

THE EMOTIONS THAT THEY WENT THROUGH. THIS WAS HARD, SO DIFFICULT FOR

BOTH CAREGIVERS AND THEIR LOVED ONES WHO WERE ISOLATED, CONFUSED, AND

LONELY.

SO I'M REALLY PROUD TO SUPPORT THIS. I'M GLAD IT'S PUT

FORTH. OBVIOUSLY I WOULD LOVE THIS TO BE SOONER, THAT PEOPLE COULD START

VISITING THEIR LOVED ONES, BUT I VOTE IN THE AFFIRMATIVE AND I'M HAPPY

THAT IN 45 DAYS THEY CAN DO SO, AND IF IT CAN BE SOONER, THAT WOULD BE

WONDERFUL, AS WELL. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. MRS.

GRIFFIN IN THE AFFIRMATIVE.

MS. REYES.

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

TO COMMEND THE SPONSOR OF THIS BILL. AND IT'S IMPORTANT FOR US TO

UNDERSTAND THAT WHEN WE CARE FOR OUR ELDERLY AND WE CARE FOR PATIENTS,

THE EMOTIONAL WELL-BEING IS AN IMPORTANT COMPONENT OF THAT, AS WELL.

AND LIKE SO MANY OF MY COLLEAGUES MENTIONED, THE FAMILY IS

OFTENTIMES THE PROVIDER OF CARE OF -- ACTIVITIES OF DAILY LIVING,

ESPECIALLY IN OUR NURSING HOMES THAT ARE CHRONICALLY UNDERSTAFFED.

NYS ASSEMBLY MARCH 3, 2021

AND WE'VE BEEN ALLOWING VISITATIONS FOR FAMILIES IN ACUTE CARE SETTINGS

FOR MONTHS NOW SO THIS IS LONG OVERDUE AND I AM SO HAPPY TO BE VOTING

FOR THIS LEGISLATION AND HOPEFULLY WE CAN MAKE IT SOONER THAN THE 45

DAYS, BECAUSE I THINK THAT OUR SENIORS HAVE BEEN WAITING AND YEARNING

TO FEEL AND SEE THEIR LOVED ONES. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. REYES IN THE

AFFIRMATIVE.

MS. CLARK.

MS. CLARK: I, TOO, JOIN ALL MY COLLEAGUES IN

THANKING THE SPONSOR OF THIS BILL. HAVING THE OPPORTUNITY TO WATCH MY

COLLEAGUE IN ACTION AS HE HAS MET WITH FAMILIES AND HEARD THEIR PAIN

AND REALLY WANT TO COMMEND HIM FOR HIS COMMITMENT AND

PERSEVERANCE TO SEE THIS THROUGH TO TODAY. WE KNOW WHAT COVID HAS

DONE IN TERMS OF POSITIVITY RATES. I DON'T THINK WE'LL EVER BE ABLE TO

CAPTURE WHAT IT'S DONE FOR THE ISOLATION AND THE MENTAL AND EMOTIONAL

HEALTH IT HAS TAKEN ON OUR SENIORS IN LONG-TERM CARE FACILITIES AND

NURSING HOMES. I HAVE A 96-YEAR-OLD GRANDMA WHO I LOST IN JANUARY

AND THE SOCIAL ISOLATION REALLY LED TO A HUGE DOWNTURN FOR HER THIS LAST

YEAR. SO WE KNOW THAT THIS IS IMPORTANT, THAT THIS IS GOING TO CHANGE

LIVES. I'M REALLY PROUD TO BE HERE TODAY AND WANT TO, AGAIN, THANK MY

COLLEAGUE AND THE SPONSOR FOR HIS COMMITMENT TO THIS ISSUE. I VOTE IN

THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. CLARK IN THE

AFFIRMATIVE.

MR. MEEKS.

NYS ASSEMBLY MARCH 3, 2021

MR. MEEKS: THANK YOU, MR. SPEAKER. I RISE IN THE

AFFIRMATIVE FOR THIS BILL. I'M THANKFUL TO -- TO THE DEAN OF OUR

DELEGATION FOR MOVING FORWARD WITH THIS LEGISLATION, AS WELL AS THE

ADVOCATES THAT HAVE CONTINUED TO REACH OUT TO US ON A REGULAR BASIS. I

FIND THAT THIS LEGISLATION IS BENEFICIAL TO NOT ONLY RESIDENTS, BUT ALSO

THEIR FAMILY MEMBERS, AND IT'S ALSO BENEFICIAL TO THE EMPLOYEES OF THE

FACILITIES. WE FIND THAT EMPLOYEES ARE OFTEN OVERWORKED, UNDERPAID,

AND UNDERSTAFFED. AND WHEN THE FAMILY MEMBERS FOUND AN

OPPORTUNITY TO COME IN, THEY ACTUALLY PITCH IN AND ASSIST WHERE HELP IS

NEEDED. SO I'M GRATEFUL FOR THIS LEGISLATION AND I STAND IN THE

AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MEEKS IN THE

AFFIRMATIVE.

MS. BUTTENSCHON.

MS. BUTTENSCHON: THANK YOU, MR. SPEAKER. I

WANT TO THANK THE SPONSOR FOR BRINGING THIS BILL FORWARD, AND I CONCUR

WITH MY COLLEAGUES THAT HAVE SPOKEN BEFORE ME TODAY. OUR RESIDENTS

IN NURSING HOMES DESERVE A SAFE AND HEALTHY LIVING ENVIRONMENT. THAT

INCLUDES BEING ABLE TO SPEND TIME WITH LOVED ONES. IN ADDITION, I FIND

THAT SO MANY FAMILY MEMBERS HAVE COME FORWARD TO EXPRESS THEIR

CONCERNS DURING THIS CHALLENGING TIME AS THEY WANTED TO SPEND TIME

WITH THEIR LOVED ONES WITHIN THESE FACILITIES. A SPECIAL THANKS TO KARLA

CONNOLLY FROM UTICA THAT ADVOCATED FOR THE ESSENTIAL COMPASSIONATE

CAREGIVER. I VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. BUTTENSCHON IN

NYS ASSEMBLY MARCH 3, 2021

THE AFFIRMATIVE.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. I JUST WANT TO

COMMEND THE SPONSOR OF THIS PIECE OF LEGISLATION. THIS IS AN ISSUE I

THINK WE'VE ALL DEALT WITH, WITH CONSTITUENTS CONCERNED ABOUT THEIR

LOVED ONES AND THEIR INABILITY TO SEE THEM AND, LIKE SEVERAL OF MY

COLLEAGUES, WHO HAVE STATED THAT ISOLATION AND THE IMPACT IT HAD ON

THEIR LOVED ONES, SO THIS IS A GREAT STEP FORWARD. I THANK THE SPONSOR

AND I ESPECIALLY WANT TO GIVE A SHOUT-OUT TO MY COLLEAGUE, MISSY

MILLER, AS WELL AS MR. KIM, WHO I KNOW WERE WORKING HARD ON

PUSHING THIS ISSUE, AS WELL. FINALLY THESE INDIVIDUALS WILL HAVE THE

OPPORTUNITY TO -- TO HAVE LOVED ONES COME AND SEE THEM AND,

HOPEFULLY, IT HELPS MANY OF THOSE RESIDENTS, YOU KNOW, BE ABLE TO

THRIVE AGAIN IN THOSE SETTINGS AND MOVE FORWARD WITH -- WITH BETTER

HEALTH. THANK YOU.

ACTING SPEAKER AUBRY: MR. RA IN THE

AFFIRMATIVE.

MR. LAWLER.

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

YOU VERY MUCH TO THE SPONSOR FOR PUTTING THIS LEGISLATION FORWARD. IN

SEPTEMBER OF 2019, MY GRANDMOTHER PASSED AWAY AND WE HAD TO PUT

MY GRANDFATHER IN A LONG-TERM CARE FACILITY. SIX MONTHS LATER, WE

COULDN'T SEE HIM ANYMORE BECAUSE OF THE COVID PANDEMIC. AND

ANYBODY WHO KNOWS WHEN YOU'RE MOVING SOMEONE INTO A LONG-TERM

CARE FACILITY, IT IS A DIFFICULT ADJUSTMENT. AND IT WAS. AND

NYS ASSEMBLY MARCH 3, 2021

UNFORTUNATELY, WE WEREN'T THERE, WE COULDN'T BE THERE AND MY

GRANDFATHER ENDED UP GETTING COVID IN APRIL, AND WE WERE TOLD HE

WOULD BE DECEASED WITHIN 48 HOURS BY THE HOSPITAL. AND SOMEHOW HE

FOUGHT AND HE SURVIVED IT, AND THEN HE WAS MOVED TO A REHAB FACILITY

AND, AGAIN, WE COULDN'T SEE HIM. WE COULDN'T BE THERE. AND HE WOULD

TELL US THAT HE FELT THEY WEREN'T TAKING GOOD CARE OF HIM, OR THAT THEY

WEREN'T BEING ATTENTIVE TO HIM, AND IT'S AWFUL WHEN YOUR -- WHEN IT'S

YOUR FAMILY AND YOU CAN'T BE THERE TO FIGHT FOR THEM AND TO MAKE SURE

THAT THEY ARE, IN FACT, BEING TAKEN CARE OF AND BE ABLE TO COMMUNICATE

WITH THE CAREGIVERS AND THOSE WORKING IN THOSE FACILITIES.

TO NOT BE ABLE FOR A YEAR FOR SO MANY FAMILIES TO BE

ABLE TO -- TO HAVE THAT INTERACTION WITH THEIR LOVED ONES, TO BE THERE, TO

SHOW THAT THEY CARE, IT'S A HORRIBLE, HORRIBLE SITUATION FOR SO MANY

RESIDENTS ACROSS THE STATE OF NEW YORK, FOR SO MANY MEMBERS HERE IN

THIS CHAMBER. WE'VE ALL EXPERIENCED IT, WE ALL HAVE SOMEBODY IN OUR

FAMILIES WHO -- WHO ARE DEALING WITH THIS SITUATION. WE ALL HAVE

SOMEBODY WHO ARE OUR CONSTITUENTS DEALING WITH THIS SITUATION. SO I

COMMEND THE SPEAKER -- THE SPONSOR OF THIS LEGISLATION FOR DOING IT,

AND I THANK YOU VERY MUCH. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. LAWLER IN THE

AFFIRMATIVE.

MR. GIGLIO.

MS. GIGLIO -- I'M ALWAYS MIXING YOU TWO GUYS UP.

MS. GIGLIO: THANK YOU, MR. SPEAKER, AND I WOULD

ALSO LIKE TO THANK THE SPONSOR FOR PUTTING THIS BILL FORWARD. IT'S A VERY

NYS ASSEMBLY MARCH 3, 2021

IMPORTANT BILL. THE PEOPLE THAT ARE IN NURSING HOMES, THE NUMBER ONE

ADVOCATES FOR THEM ARE THEIR FAMILIES, THEIR CAREGIVERS, AND IT'S VERY

IMPORTANT NOT ONLY FOR MORALE, BUT ALSO FOR THE HEALTH OF THE PEOPLE

THAT ARE IN THE NURSING HOMES. FOR THE PAST 11 YEARS, WE HAVE BEEN

WORKING WITH THE SCHOOL DISTRICT, OR I HAVE BEEN, AND DELIVERING

VETERANS DAY CARDS TO THE VETERANS THAT ARE IN THE NURSING HOMES, AND

WE WEREN'T ABLE TO DO THAT THIS YEAR. THEY HAD TO BE SENT THERE WITH THE

SOCKS AND LITTLE ESSENTIAL ITEMS THAT THEY NEED TO SHOW THAT WE

APPRECIATE THEM. AND I THINK THAT THIS IS A GREAT STEP GOING FORWARD. I

THINK THAT WE ALSO NEED TO LOOK AT VISITATION FOR ASSISTED LIVING, BUT IT'S

A GOOD START AND I WILL VOTE IN THE AFFIRMATIVE ON THE BILL. THANK YOU.

ACTING SPEAKER AUBRY: MS. GIGLIO IN THE

AFFIRMATIVE.

MR. CONRAD.

MR. CONRAD: THANK YOU, MR. SPEAKER. I ALSO

WOULD LIKE TO ECHO THE SENTIMENTS OF MY COLLEAGUES. I THINK THIS IS A

STEP IN THE RIGHT DIRECTION FOR THE LIVES OF THE RESIDENTS. THIS BODY

NEEDS TO RESPECT THE WORK THAT HAS DONE TO HELP THESE PEOPLE AND VALUE

THESE PEOPLE IN THEIR LIVES, FOR THE EMOTIONAL, SOCIAL AND EMOTIONAL

RELATIONSHIP AND THE CONSTANT FLOW OF CAREGIVERS. THIS IS ONE STEP IN

THE RIGHT DIRECTION TO CORRECT SOME OF THE WRONGS THAT HAVE GONE IN THE

PAST. AND I HOPE TO MOVE BEYOND -- EARLIER THAN THE 45 DAYS GIVEN. I

VOTE IN THE AFFIRMATIVE AND I'M A PROUD COSPONSOR. THANK YOU.

ACTING SPEAKER AUBRY: MR. CONRAD IN THE

AFFIRMATIVE.

NYS ASSEMBLY MARCH 3, 2021

MR. SAYEGH.

MR. SAYEGH NEEDS TO BE UNMUTED. THERE YOU GO.

MR. SAYEGH: AM I OKAY?

MR. SPEAKER, THANK YOU VERY MUCH FOR THE

OPPORTUNITY. I WANTED TO COMMEND THE SPONSOR AND TO JOIN MY

COLLEAGUES IN STRESSING THE IMPORTANCE OF THIS LEGISLATION. MANY OF US

OVER THE LAST YEAR HAVE WITNESSED A DETERIORATION IN MANY LOVED ONES

THAT WERE IN LONG-TERM ASSISTED LIVING AND NURSING HOMES, AND LARGELY

DUE TO THE LACK OF PARTICIPATION OF FAMILY MEMBERS AND CAREGIVERS.

AND MANY OF US THAT COME FROM ETHNIC AND CULTURAL BACKGROUNDS

WHERE RESPECT FOR SENIORS AND TAKING CARE OF OUR SENIORS WAS ONE OF THE

MOST IMPORTANT FAMILY FUNCTIONS, AND IT TOOK US MANY DECADES TO

RESPECT THE FACT THAT WE CAN HAVE OUR LOVED ONES IN THESE LONG-TERM

FACILITIES.

THE LAST YEAR HAS BEEN A TREMENDOUS SETBACK FOR MANY

OF US THAT REALLY LOST TRUST IN THE PROCESS, BUT I WANTED TO SAY ALSO THAT

PART OF THE PROCESS OF ALLOWING VISITATIONS INVOLVES MAKING SURE THAT

THESE FACILITIES HAVE SAFE STAFFING, THAT THEY'RE GIVEN THE PROPER

REIMBURSEMENT. THIS HAS BEEN A MAJOR ISSUE, THAT WE'VE HELD MANY OF

THESE FACILITIES TO UNFUNDED MANDATES. SO I REALLY STRESS THE

IMPORTANCE MOVING FORWARD THAT WE LEGISLATE WHATEVER LEGISLATION AND

INITIATIVES TO MAKE IT SAFER AND MORE CONVENIENT FOR OUR SENIORS, AND TO

ALSO MAKE IT ALLOWABLE THAT THEY RECEIVE THE NECESSARY FUNDING TO

ASSURE US THAT THEY HAVE SAFE STAFF AND SERVICES. SO I COMMEND THE

SPONSOR AND WOULD BE VOTING IN FAVOR. THANK YOU.

NYS ASSEMBLY MARCH 3, 2021

ACTING SPEAKER AUBRY: MR. SAYEGH IN THE

AFFIRMATIVE.

MR. DIPIETRO.

MR. DIPIETRO: OKAY. CAN YOU HEAR ME?

ACTING SPEAKER AUBRY: YES, SIR, MR.

DIPIETRO.

MR. DIPIETRO: THANK YOU, SIR. I'M GOING TO BE

VOTING IN THE AFFIRMATIVE ON THIS. IT'S -- IT'S -- IT'S ABOUT TIME. BUT I

DON'T WANT US TO TAKE OUR EYE OFF THE BALL. FOR MONTHS, NURSING HOMES

AND FACILITIES HAVE HAD PLANS IN ACTION TO ALLOW VISITORS, AND I'VE TALKED

TO MANY OF THEM, AS I'M SURE YOU HAVE. AND FOR US NOW AS A

LEGISLATURE TO HAVE TO PUT THIS THROUGH AND FORCE THIS ACTION, I THINK IT'S

BEYOND -- BEYOND CONTROL HERE. I'M UPSET THAT HOWARD ZUCKER SHOULD

HAVE RESIGNED MONTHS AGO. HE SHOULD HAVE HAD THIS PLAN IN ACTION. IN

ERIE COUNTY WHERE I'M FROM, GALE BURSTEIN, WHO IS OUR HEALTH

COMMISSIONER, SHE SHOULD HAVE RESIGNED MONTHS AGO, AND FOR A LOT OF

OTHER REASONS ALSO, BUT THIS SHOULD HAVE BEEN DONE A WHILE AGO,

MONTHS AGO; THIS WAS ALL IN ORDER.

AND I COMMEND OUR BODY FOR HAVING TO FORCE THIS

ISSUE, BUT THIS SHOULD HAVE BEEN DONE MONTHS AGO. THE PLANS SHOULD

HAVE BEEN THERE FROM THE STATE HEALTH DEPARTMENT. THIS IS A FAULT OF

ZUCKER AND ALL HIS MINIONS AS WE GO DOWN ON EACH COUNTY LEVEL. THEY

-- THEY FORCEFULLY MADE THESE THINGS HAPPEN TO THE NURSING HOMES, KEPT

THESE INITIATIVES ON THEM THAT WOULDN'T ALLOW VISITORS EVEN THOUGH THEY

ALL SAID THEY COULD SAFELY BRING PEOPLE IN. IF TEN STAFF MEMBERS A DAY

NYS ASSEMBLY MARCH 3, 2021

ARE WEARING PPE AND GOING IN TO SEE OUR LOVED ONES, WHY CAN'T WE DO

THE SAME? THERE WAS SO MANY WAYS WE COULD HAVE DONE THIS AND, IN

THE END OF THE DAY, THIS WAS REPREHENSIBLE. ZUCKER SHOULD HAVE BEEN

FIRED AND SHOULD RESIGN, AND I'M CALLING ON THAT, ALONG WITH IN MY AREA,

GALE BURSTEIN, THEY BOTH SHOULD HAVE BEEN RESIGNED. BUT I'M HAPPY

THAT THIS BODY HAS TAKEN THE HELM TO DO SOMETHING THAT WE SHOULDN'T

HAVE HAD TO DO. I WANT TO MAKE THAT VERY CLEAR.

SO I WILL BE VOTING IN THE AFFIRMATIVE AND I THANK

EVERYONE WHO PUT THIS TOGETHER, BUT I'M VERY DISAPPOINTED THAT A LOT OF

PEOPLE HIGHER UP THAT HAD THE ABILITY TO HELP OUR SENIORS FAILED. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. DIPIETRO IN THE

AFFIRMATIVE.

MS. WOERNER.

MS. WOERNER: THANK YOU, MR. SPEAKER. I WANT

TO RISE TODAY TO EXPLAIN MY VOTE. IN A YEAR WHERE WE HEARD STORIES

FROM MANY PEOPLE OF HOW THIS PANDEMIC HAS IMPACTED THEIR LIVES,

THERE WERE PERHAPS NONE THAT WERE MORE IMPACTFUL THAN THE STORIES OF

THE RESIDENTS OF NURSING HOMES AND OF THEIR CAREGIVER FAMILIES AND THEIR

INABILITY TO SPEND ANY TIME TOGETHER AND THE DECLINE OF THOSE RESIDENTS

OF NURSING HOMES. THOSE ARE THE STORIES THAT WILL LIVE WITH ME FOR THE

REST OF MY LIFE, AS I'M SURE IT'S TRUE OF ALL OF US.

SO I WANT TO COMMEND THE SPEAKER AND -- FOR HIS

ACTIONS HERE, AND THE SPONSOR FOR HIS PERSISTENCE IN BRINGING THIS BILL

FORWARD, AND I AM PROUD TO VOTE IN THE AFFIRMATIVE. THANK YOU.

NYS ASSEMBLY MARCH 3, 2021

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

MS. GONZ�LEZ-ROJAS.

MS. GONZ�LEZ-ROJAS: I RISE IN FAVOR OF THIS BILL

AND THANK THE BILL SPONSOR FOR ADVOCATING FOR THIS IMPORTANT PIECE OF

LEGISLATION AND I'M VERY, VERY PROUD TO COSPONSOR. DURING THE WORST

GLOBAL HEALTH PANDEMIC IN DECADES, WE LOST 15,000 NEW YORKERS IN

NURSING HOMES. THESE WERE NOT JUST NUMBERS, THESE WERE OUR ELDERS,

THESE WERE OUR FAMILIES, HEROES AND SHEROES, THESE WERE NEW YORKER'S

LOVED ONES. IT IS ONLY RIGHT TO ALLOW FOR COMPASSIONATE CARE VISITS AT

THIS POINT IN THE PANDEMIC.

THIS PANDEMIC IS ALSO A MENTAL HEALTH CRISIS, AND THE

ISOLATION OF PEOPLE IN NURSING HOMES ONLY CONTRIBUTE TO THE DECLINE OF

THEIR EMOTIONAL AND PHYSICAL HEALTH AND WELL-BEING. AND AS WE KNOW,

MANY FAMILY MEMBERS HAVE ACTED AS AIDES TO THEIR LOVED ONES, SO WE

NEED THEM TO BE ABLE TO SEE THEIR FAMILY MEMBERS. I ALSO APPRECIATE

THE SAFEGUARDS THAT HAVE BEEN INCLUDED IN THIS LEGISLATION, SUCH AS THE

NEED TO UNDERGO COVID-19 TESTING, TEMPERATURE CHECKS, AND HEALTH

SCREENINGS. I'M VERY PROUD TO CAST MY VOTE IN THE AFFIRMATIVE AND LOOK

FORWARD TO OTHER LEGISLATION THAT ADDRESSES THIS VERY NECESSARY REFORM.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU. MS.

ROJAS IN THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. I JOIN

NYS ASSEMBLY MARCH 3, 2021

WITH ALL MY COLLEAGUES WHO HAVE SPOKEN AND ALL THOSE WHO HAVEN'T

SPOKEN IN GRIEVING FOR THE THOUSANDS OF OUR SENIORS WHO PASSED AWAY

THIS LAST YEAR WITHOUT THEIR FAMILY AT THEIR SIDE, WITHOUT SOMEONE

HOLDING THEIR HAND, WITHOUT SOMEONE TELLING THEM HOW MUCH THEY LOVE

THEM. IT'S HORRIFIC. I ONLY PRAY TO GOD THAT WHEN MY TIME COMES, MY

FAMILY IS THERE. IT'S ALMOST UNSPEAKABLE, THE GRIEF THAT WE'VE

EXPERIENCED WHEN WE ALLOW LOVED ONES TO PASS WITHOUT THE LOVE AND

COMFORT OF THEIR FAMILY. I LOOK FORWARD TO THE DAY WHEN THIS

LEGISLATURE DOES NOT HAVE TO PASS LEGISLATION CALLING ON OUR HEALTH

DEPARTMENT TO BE COMPASSIONATE. WE SHOULD NEVER VIEW THAT AS A

LEGISLATIVE FUNCTION. IT SHOULD GO WITHOUT SAYING, AND IT GRIEVES ME

THAT TODAY, WE HAVE TO TELL OUR OWN HEALTH DEPARTMENT TO BE

COMPASSIONATE TO OUR SENIOR CITIZENS AND TO ALLOW THEIR LOVED ONES AND

THEIR FAMILY TO BE WITH THEM.

MY FATHER-IN-LAW, WHO'S IN AN ASSISTED LIVING FACILITY,

COMPARED HIS STAY TO SOLITARY CONFINEMENT. IMAGINE THAT. OUR LOVED

ONES COMPARING THEIR STAY TO THE WAY WE TREAT THE WORST CRIMINALS IN

OUR SYSTEM. I SUPPORT THIS LAW AND I PRAY TO GOD WE DON'T HAVE TO

REPEAT THIS PROCESS IN OTHER AREAS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

MR. BRONSON.

MR. BRONSON: IN EXPLAINING MY VOTE, MR.

SPEAKER. I WANT TO THANK CHAIR GOTTFRIED FOR HELPING IN THE DRAFTING OF

THIS LEGISLATION. I WANT TO THANK SENATOR MAY FOR PARTNERING WITH US ON

NYS ASSEMBLY MARCH 3, 2021

THIS ON THIS LEGISLATION AND, CERTAINLY, CHAIR MCDONALD IN CONNECTION

WITH THE HEARINGS WE HELD LAST FALL WHICH RESULTED IN THIS PIECE OF

LEGISLATION. YOU KNOW, I WAS THERE WHEN MY MOM DIED. I WAS WITH

HER. I CANNOT IMAGINE WHAT THESE FAMILIES WENT THROUGH FINDING OUT

THAT THEIR LOVED ONE PASSED AWAY AND THEY WEREN'T ABLE TO BE WITH

THEM.

THIS BILL WILL ALLOW COMPASSIONATE CARE VISITATIONS.

THIS BILL WILL ALLOW CAREGIVING VISITATIONS SO THAT LOVED ONES CAN GO IN

AND SEE THEIR FAMILY MEMBERS AND HELP WITH THEIR CARE AND MERELY HOLD

THEIR HAND. MANY PEOPLE CAME TO ME DURING THIS PANDEMIC, FAMILY

MEMBERS, IN PARTICULAR FAMILIES TOGETHER, A GROUP OF ADVOCATES WHO

INSISTED WE GET THIS DONE. NUMEROUS CALLS TO DOH. NUMEROUS ZOOM

MEETINGS TO DOH. EMAILS TO DOH AND NOTHING. PROMISES, BUT NO

RESULTS. AND THEN FEBRUARY 22ND, THEY COME OUT WITH GUIDELINES THAT

WERE WOEFULLY INADEQUATE. THIS BILL WILL CORRECT SOME OF THAT. THIS

BILL WILL ALLOW LOVED ONES TO SEE THEIR FAMILY MEMBERS UNDER CERTAIN

CONDITIONS. OUR FAMILIES HAVE BEEN SEPARATED FOR FAR TOO LONG. THE

ISOLATION OF LOVED ONES IN NURSING HOMES MUST STOP. I'M HAPPY TO BE

PART OF MOVING US IN THE RIGHT DIRECTION TO BRING FAMILIES TOGETHER. I

WITHDRAW MY REQUEST, MR. SPEAKER, AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BRONSON IN THE

AFFIRMATIVE.

MR. MCDONALD.

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

FIRST OF ALL, I WANT TO THANK THE SPONSOR OF THIS BILL AND OUR HEALTH CHAIR

NYS ASSEMBLY MARCH 3, 2021

FOR THEIR LEADERSHIP, AND ALSO, MR. SPEAKER, TO YOU. YOU GAVE THE

DIRECTION TO THE COMMITTEES TO HAVE THE HEARINGS. THESE HEARINGS

WERE HELD FOR SEVERAL DAYS AND SEVERAL HOURS DURING THOSE DAYS, AND

WE HEARD PAINSTAKINGLY THE LOSS AND SORROW THAT MANY FAMILIES

ENDURED, AND IT DIDN'T STOP THERE. IT CONTINUED ON FOR WEEKS, IF NOT

MONTHS, OF CONSTITUENTS THAT WE ALL HEARD FROM OF THE LOSS THAT THEY

SUFFERED.

AND I THINK WE ALL CAN RECOGNIZE THE FACT, THE ABILITY

THAT SOMEBODY IS DYING WITHOUT THEIR LOVED ONES NEARBY, IT'S PAINFUL FOR

EVERYBODY INVOLVED. THIS LEGISLATION HAS BEEN RESPONSIBLY PUT

TOGETHER TO ENSURE THAT THERE'S A SAFE, EFFECTIVE, MEANINGFUL PROCESS IN

PLACE WHERE FAMILY MEMBERS CAN TEND TO THEIR LOVED ONES, WHICH WILL

ONLY HELP IMPROVE THE OVERALL ATMOSPHERE IN THESE FACILITIES. FAR TOO

OFTEN WE GET CAUGHT UP ABOUT THE PHYSICAL HEALTH OF THE INDIVIDUALS,

AND RIGHTFULLY SO, BUT WE CAN'T BE LOSING THE FEELING OF THE FACT THAT

EMOTIONAL AND MENTAL HEALTH PLAY A VERY LARGE ROLE IN PEOPLE'S OVERALL

HEALTH. THIS BILL ADDRESSES IT AND, THEREFORE, I AM SUPPORTIVE AND

APPRECIATIVE OF ALL THE SUPPORT THIS BILL IS SEEING TODAY. THANK YOU.

ACTING SPEAKER AUBRY: MR. MCDONALD IN THE

AFFIRMATIVE.

MR. BURDICK.

MR. BURDICK: THANK YOU, MR. SPEAKER. I WISH TO

EXPLAIN MY VOTE IN SUPPORTING THIS CRITICALLY NEEDED MEASURE. ONE OF

THE MOST PAINFUL ORDEALS THROUGHOUT THIS PANDEMIC HAS BEEN THE

SEPARATION OF THOSE IN NURSING HOMES WHO ARE SICK OR IN THEIR FINAL

NYS ASSEMBLY MARCH 3, 2021

HOURS OF LIFE SEPARATED FROM THEIR LOVED ONES. IT HAS BEEN ONE OF THE

CRUEL CONSEQUENCES OF THE PANDEMIC. I WISH TO COMMEND THE SPONSOR

FOR HIS PERSEVERANCE, HIS MODESTY IN HIS LAST WORDS ABOUT THIS, AND FOR

HIS THOUGHTFUL AND RESPONSIBLE DEVELOPMENT OF THIS LEGISLATION, WHICH

INCLUDES CRITICAL SAFEGUARD PROVISIONS. AS PREVIOUS COLLEAGUES

MENTIONED, IT IS ALSO CRITICALLY IMPORTANT THAT WE TAKE ACTION ON SAFE

STAFFING IN NURSING HOMES AND ALSO IN HOSPITALS. I JOIN MY COLLEAGUES

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

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

MS. HERMELYN -- MS. BICHOTTE HERMELYN.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER. I WOULD LIKE TO THANK THE SPONSOR OF THIS BILL AND JOIN MY

COLLEAGUES IN THE ASSEMBLY IN EXPRESSING MY SUPPORT, OF WHICH I AM A

COSPONSOR. THIS LEGISLATION WHICH PROVIDES FOR THE AUTHORIZATION AND

REGULATION OF VISITATION IN NURSING HOMES AND COMPASSIONATE CARE

HOMES AND HEALTH CARE FACILITIES IS LONG OVERDUE. I RECEIVED MANY CALLS

FROM MY CONSTITUENTS DURING THE HEIGHT OF THE PANDEMIC WHO WERE

RIGHTFULLY FRUSTRATED BY POLICIES THAT PREVENTED THEM FROM SEEING THEIR

LOVED ONES. WE ARE ALL FAMILIAR WITH THE PHOTOS OF RELATIVES WHO SAT AT

THE WINDOWS, DOORS OF NURSING HOMES, WAVING TO THEIR SPOUSES,

PARENTS, SIBLINGS, AND FRIENDS WHO WERE INSIDE. MANY OF US LIVED IT

PERSONALLY, LIKE ME. I REMEMBER WHEN MY AUNT WHO IS 92 YEARS OLD

WHO WAS LEFT IN A NURSING HOME ALMOST READY TO DIE. AND I MUST SAY

THAT WE DID NOT ACCEPT IT, WE DID NOT ACCEPT THOSE REGULATIONS. THEY

NYS ASSEMBLY MARCH 3, 2021

DIDN'T WANT TO TELL US ANYTHING, SO WE LITERALLY WENT OVER THERE AND

PRETTY MUCH GOT HER OUT. SHE'S LIVING TODAY AND SHE'S MUCH BETTER. IT

IS A SHOCK FOR ANY FAMILY MEMBER TO HEAR THE STORIES OF INADEQUATE

CARE GOING ON IN NURSING HOMES, BUT TO BE UNABLE TO INTERVENE -- AS MY

COLLEAGUES HAVE SAID, FAMILY MEMBERS ARE OFTEN THE BIGGEST ADVOCATES

FOR SENIORS AND RESIDENTS OF THESE NURSING HOMES.

SO AGAIN, I WANT TO THANK THE SPONSOR FOR THIS

MUCH-NEEDED BILL AND I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MANKTELOW.

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

EXPLAIN MY VOTE. AGAIN, I'D LIKE TO THANK THE SPONSOR FOR THIS BILL. AS

WE SAT THROUGH THE INVESTIGATION AND ALL THE HEARINGS LAST YEAR LISTENING

TO ALL THE LOVED ONES THAT HAD FAMILY MEMBERS IN THE NURSING HOMES,

SENIOR LIVING FACILITIES THAT HAD PASSED AWAY, I'M JUST SO THANKFUL THAT

WE, AS LEGISLATORS, COULD GET THIS BILL TO COME FORWARD AND TO PASS IT

HERE TODAY. I'M IN FULL SUPPORT OF THIS, BUT THIS IS WHY WE, AS NEW

YORKERS, WE AS THE ELECTED OFFICIALS NEED TO WORK TOGETHER, HAVING ALL

THREE PARTS OF GOVERNMENT WORKING TOGETHER MAKING SURE THAT WE

SHOULD NOT HAVE TO WAIT THIS LONG. THIS COULD HAVE BEEN ACTED ON

MONTHS AND MONTHS AGO BY THE ADMINISTRATION. WE'VE ASKED FOR THAT,

THE LOVED ONES HAVE ASKED FOR THAT, THE FAMILY MEMBERS HAVE ASKED FOR

THAT. SO AGAIN, I'M IN FULL SUPPORT OF THIS. I'M JUST SAD THAT WE COULDN'T

HAVE DONE SOMETHING SOONER AND THAT SOME OF THESE LOVED ONES COULD

NYS ASSEMBLY MARCH 3, 2021

HAVE SAW THEIR FAMILY MEMBERS BEFORE THEY PASSED. SO, THANK YOU,

MR. SPONSOR ON THIS, THANK YOU, MR. SPEAKER, AND I'M VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. MANKTELOW IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03922-A, RULES

REPORT NO. 25, CRUZ, GOTTFRIED, WEINSTEIN, DINOWITZ, WALLACE,

JACOBSON, OTIS, CONRAD, SAYEGH, GLICK, VANEL, LUNSFORD, CAHILL,

BARRON, L. ROSENTHAL, PICHARDO, RICHARDSON, BRONSON, ZEBROWSKI,

THIELE, WILLIAMS, BICHOTTE HERMELYN, STERN, SILLITTI, SIMON, J. D.

RIVERA, ABBATE, STIRPE, CARROLL, LUPARDO, MCMAHON, ABINANTI,

GALLAGHER, FORREST. AN ACT IN RELATION TO ENACTING THE "REIMAGINING

LONG-TERM CARE TASK FORCE" TO CREATE A TASK FORCE TO STUDY THE STATE

OF LONG-TERM CARE SERVICES IN THIS STATE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. CRUZ, BUT FIRST, ON A MOTION BY MS. CRUZ, THE SENATE

BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

MS. CRUZ FOR AN EXPLANATION.

MS. CRUZ: THANK YOU, MR. SPEAKER. THIS BILL

ESTABLISHES THE REIMAGING LONG-TERM CARE TASK FORCE ACT WHICH

WOULD EXAMINE THE STATE OF THE LONG-TERM CARE SERVICES INCLUDING, BUT

NOT LIMITED TO, COMMUNITY-BASED SERVICES, CONSUMER DIRECTED SERVICES,

NYS ASSEMBLY MARCH 3, 2021

CULTURALLY AND LINGUISTICALLY RELEVANT HEALTH CARE, INDEPENDENT LIVING,

ASSISTED LIVING AND SKILLED NURSING FACILITY CARE, AND CONSIDER POTENTIAL

MODELS FOR IMPROVEMENT. THE TASK FORCE WOULD ALSO EXAMINE BOTH THE

IMPACT OF THE CORONAVIRUS PANDEMIC ON RESIDENTS AND STAFF OF SKILLED

NURSING AND OTHER ADULT CARE FACILITIES. THE TASK FORCE WOULD BE

REQUIRED TO REPORT ITS FINDINGS TO THE GOVERNOR AND THE LEGISLATURE ON

THE CORONAVIRUS PANDEMIC BY DECEMBER 1ST, 2021, AND ITS OVERALL

FINDINGS BY MAY 1ST, 2022.

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. CRUZ, WILL YOU

YIELD?

MS. CRUZ: I WILL.

ACTING SPEAKER AUBRY: MS. CRUZ YIELDS.

MS. WALSH: THANK YOU. COULD YOU SPEAK A LITTLE

BIT ABOUT THE GENESIS FOR THE CREATION OF THIS LEGISLATION AND THIS TASK

FORCE?

MS. CRUZ: THANK YOU FOR THE QUESTION. THE STATE

OF HEALTH CARE FOR OUR SENIORS AND THE KINDS OF SERVICES THAT WERE GIVEN

TO THEM AROUND THE STATE, EVEN PRIOR TO THE PANDEMIC, HAD MANY ISSUES

FROM ACCESS TO, AS I MENTIONED DURING THE EXPLANATION, WHETHER THEY

WERE CULTURALLY-SENSITIVE, WERE THEY REALLY ADDRESSING THE NEEDS OF OUR

SENIOR POPULATION. SO GIVEN WHAT HAS HAPPENED OVER THE LAST YEAR, WE

DEEMED IT EVEN MORE IMPORTANT TO REALLY TAKE A LOOK AT WHAT ARE THE

NYS ASSEMBLY MARCH 3, 2021

NEEDS, WHAT ARE WE OFFERING, AND HOW DO WE CHANGE SO THAT WE CAN

REIMAGINE A FUTURE WHERE WE'RE TRULY MEETING THE NEEDS OF OUR SENIOR

POPULATION. AND THE BILL ITSELF WILL INCLUDE A TASK FORCE THAT HAS

EVERYTHING FROM PRIVATE SECTOR, NON-PROFIT, AND THE GOVERNMENT SECTOR

THAT TAKES CARE OF OUR SENIOR POPULATION NOW SO THAT THEY CAN COME TO

THE TABLE AND REALLY LOOK AT WHERE ARE WE AND WHERE CAN WE, AS THE TITLE

SAYS, REIMAGINE THE FUTURE OF OUR SENIOR CARE.

MS. WALSH: THANK YOU. SO WILL THIS TASK FORCE BE

LOOKING AT SENIORS ALONG THE WHOLE CONTINUUM OF CARE FROM THOSE

SENIORS WHO ARE LIVING INDEPENDENTLY ALL THE WAY THROUGH TO PERHAPS

ASSISTED LIVING AND THEN THE NURSING HOME SETTINGS?

MS. CRUZ: YES.

MS. WALSH: VERY GOOD. AND WILL THIS TASK FORCE

HAVE ANY SUBPOENA POWER?

MS. CRUZ: NO.

MS. WALSH: OKAY. WILL THE TASK FORCE EXAMINE

THE NEEDS NOT ONLY OF THE ELDERLY, BUT OF STAFF OR SUPPORT STAFF WHO

WOULD BE INVOLVED IN THE CARE OF THOSE INDIVIDUALS?

MS. CRUZ: SO AS IT STANDS RIGHT NOW, YES.

MS. WALSH: OKAY, SO BOTH. SO WOULD THIS TASK

FORCE SPECIFICALLY EXAMINE ISSUES SUCH AS THE MARCH 25TH, 2020

DIRECTIVE REGARDING THE ADMISSION OR THE READMISSION OF NURSING HOME

PATIENTS TO NURSING HOMES FROM HOSPITAL SETTINGS?

MS. CRUZ: IF THE -- THE WAY THAT THE LANGUAGE IS SET

UP IS TO LOOK AT WHAT ARE THE NEEDS AND WHAT ARE THE SERVICES, AND WHAT

NYS ASSEMBLY MARCH 3, 2021

-- AND HOW THOSE HAVE BEEN AFFECTED BY COVID OVER THE LAST YEAR.

THE DIRECTIVE THAT YOU ARE DESCRIBING I WOULD ARGUE WOULD FIT INTO THE

DIFFERENT ISSUES THAT THE TASK FORCE SHOULD BE LOOKING AT.

MS. WALSH: OKAY, VERY GOOD. AND I WAS ASKING

BECAUSE I KNOW THAT IT DEFINITELY -- I READ -- WHEN I READ THE BILL, IT

LOOKS LIKE THERE WAS A FAIRLY, YOU KNOW, BROAD MISSION THAT WAS BEING

DESCRIBED, SO I WAS JUST TRYING TO GET A SENSE OF THE SCOPE OF THE

LEGISLATION SO THAT I HAD A BETTER UNDERSTANDING OF IT.

MADAM SPONSOR, WILL THE BILL CONSIDER ISSUES SUCH AS

THE NURSING HOME DEATHS THAT HAVE OCCURRED DURING COVID AND A

CORRECT REPORTING OF THE NUMBER, THESE ISSUES THAT WE'VE BEEN

DISCUSSING OVER THE PAST FEW MONTHS?

MS. CRUZ: IF THE MEMBERS -- THE DIRECTIVE THAT

WE'RE GIVING TO THE MEMBERS OF THE TASK FORCE IS YOU ARE TO LOOK AT THE

SERVICES PROVIDED, THE NEEDS OF THE SENIOR POPULATION, AND HOW, IF AT

ALL, THOSE NEEDS ARE BEING MET BY THE SERVICES PROVIDED. IF IT IS

DETERMINED BY THE TASK FORCE THAT THIS IS SOMETHING THEY NEED TO LOOK

AT, THEY WILL. I PLAN TO ADVOCATE THAT THEY DO, BUT ONE OF THE REASONS WE

WANTED TO GIVE THEM EXPANSIVE POWER, OR EXPANSIVE PURVIEW, IF YOU

WILL, WAS SO THAT THEY COULD LOOK AT THINGS LIKE THIS AND WE WOULDN'T

LIMIT IT, BECAUSE WE NEVER KNOW WHAT ELSE CAN UNFORTUNATELY HAPPEN

WITH OUR SENIOR POPULATION. WE WANT THEM TO LOOK AT ANYTHING AND

EVERYTHING SO THAT WHAT HAPPENED TO OUR SENIORS OVER THE LAST YEAR

DOESN'T HAPPEN AGAIN.

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

NYS ASSEMBLY MARCH 3, 2021

THE TASK FORCE IS NOT SPECIFICALLY CHARGED WITH LOOKING AT THINGS SUCH AS

NURSING HOME DEATH STATISTICS OR THE MARCH 25TH, 2020 ORDER, BUT THEY

COULD CHOOSE TO DO SO IF THEY FELT THAT THAT WAS PART OF THEIR MISSION

THROUGH THE TASK FORCE?

MS. CRUZ: YES, AND ONE OF THE THINGS I PLAN TO DO IS

WORK VERY CLOSELY WITH THE TASK FORCE, BECAUSE I WANT THEM TO BE

LOOKING AT THESE ISSUES. AGAIN, WE LEFT IT EXPANSIVE BECAUSE WE WANT

THEM TO HAVE THAT ABILITY TO LOOK AT EVERYTHING AND ANYTHING THAT

ACTUALLY DEALS WITH THE SERVICES FOR OUR SENIORS.

MS. WALSH: OKAY. SO YOU MENTIONED A COUPLE

TIMES THAT YOU PLAN ON BEING VERY CLOSELY INVOLVED WITH THE TASK FORCE.

HOW DOES THAT WORK? I JUST -- I HAVEN'T HAD THAT EXPERIENCE BEFORE

WHERE I'VE INITIATED A TASK FORCE AND THEN CONTINUED ON TO -- CONTINUE

TO REMAIN INVOLVED WITH THE TASK FORCE. WHAT DO YOU SEE AS YOUR

INVOLVEMENT?

MS. CRUZ: I WOULD ARGUE IT'S A MEMBER-BY-MEMBER

CHOICE, YOU KNOW, WHEN WE PASS A BILL YOU CAN CHOOSE TO KEEP IN

CONTACT WITH THE TASK FORCE AS IT DEVELOPS. I MYSELF, HAVING MANAGED

SEVERAL TASK FORCES FOR CITY AND STATE GOVERNMENT, WOULD LIKE TO

CONTINUE TO WORK WITH THEM EVERY COUPLE OF MONTHS, CHECKING IN AND

MAKING SURE THAT THEY -- THAT THEY'RE DOING WHAT THEY NEED TO BE DOING.

THEY DO HAVE A REPORT THAT IS DUE BY A CERTAIN DATE AND I PLAN TO MAKE

SURE THAT THAT DATE IS MET. WE CANNOT AFFORD TO HAVE A DELAY IN THE

INFORMATION OF THE SERVICES THAT OUR SENIORS NEED.

MS. WALSH: WELL I ABSOLUTELY AGREE, ESPECIALLY THE

NYS ASSEMBLY MARCH 3, 2021

-- THE -- IT'S SEEM AS THOUGH THE REPORT IS BROKEN INTO TWO PIECES. SO

THE PART HAVING TO DO WITH CORONAVIRUS AND SPECIFIC RECOMMENDATIONS

REGARDING CORONAVIRUS WOULD BE DUE DECEMBER 1ST OF THIS YEAR, AND

THEN THE REMAINING FINDINGS OF THE TASK FORCE WOULD BE DUE NEXT YEAR

BY MAY 1ST. SO I LIKE THE FACT THAT THE CORONAVIRUS PORTION IS

EXPEDITED, IF YOU WILL, THAT THAT'S GOING TO BE DELIVERED OR DELIVERABLE,

YOU KNOW, FIRST. SO I APPRECIATE THAT.

MADAM SPONSOR, THE COMMISSION ITSELF -- THE TASK

FORCE, RATHER, THE LONG-TERM CARE TASK FORCE CONTAINS 26 MEMBERS AND I

SEE THAT ONE MEMBER IS TO BE APPOINTED BY THE MINORITY LEADER OF THE

ASSEMBLY AND THEN IT GOES ON, IT TALKS ABOUT ALL OF THESE MEMBERS; THIS

IS A RATHER LARGE REIMAGINING LONG-TERM CARE TASK FORCE. BUT

ANYWAY, I THINK AT THIS POINT - LET ME JUST DOUBLE-CHECK MY NOTES HERE -

I THINK THAT THOSE WERE REALLY ALL THE QUESTIONS I HAVE, SO I THANK YOU

FOR ANSWERING MY QUESTIONS AND, MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO I THINK THAT THIS IS A FINE IDEA TO

HAVE THE REIMAGINING LONG-TERM CARE TASK FORCE CREATED, AND I PLAN

TO SUPPORT THIS -- THIS BILL. THE ONLY THING I WOULD SAY IS THAT, YOU

KNOW, I HAVE, AND MANY MEMBERS OF THE ASSEMBLY HAVE CALLED OVER

THE LAST YEAR OR SO FOR A COMPLETE INVESTIGATION INTO THE DEATH TOLL, THE

UNDERREPORTING OF DEATH, ET CETERA, IN OUR NURSING HOMES, AND THIS TASK

FORCE -- I JUST WANT MY COLLEAGUES TO RECOGNIZE WHAT I BELIEVE IS TRUE

WHICH IS THAT THIS BILL IS NOT THAT. IT'S NOT THAT TYPE OF INVESTIGATION WITH

NYS ASSEMBLY MARCH 3, 2021

SUBPOENA POWER INTO THOSE THINGS. AND WITH ALL DUE RESPECT AND

ADMIRATION FOR THE SPONSOR OF THIS BILL AND HER DESIRE, PERHAPS, TO GO

THERE, THE BILL ITSELF DOES NOT SPECIFICALLY TASK THE TASK FORCE WITH

LOOKING AT THOSE THINGS.

SO, I WILL SUPPORT THIS BILL. I JUST -- I PERSONALLY THINK

THAT IT IS NOT ENOUGH TO ADDRESS THE DEVASTATING LOSS OF LIFE IN OUR

NURSING HOMES OVER THE PAST YEAR DUE TO COVID AND WHAT I BELIEVE

ARE SOME GRAVE MISTAKES THAT WERE MADE BY THE DEPARTMENT OF HEALTH

AND THE EXECUTIVE IN THE WAY THAT THIS WAS -- THIS PANDEMIC HAS BEEN

HANDLED, OR MISHANDLED, AS IT WERE, OVER THE PAST YEAR. BUT I WILL

SUPPORT THIS BILL AND I THANK YOU.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD FOR A QUESTION, PLEASE?

ACTING SPEAKER AUBRY: MS. CRUZ, WILL YOU

YIELD?

MS. CRUZ: I WILL.

MR. MANKTELOW: THANK YOU, MADAM. JUST ONE

QUICK QUESTION. I WAS LOOKING THROUGH THE BILL, AND I APPLAUD YOU FOR

PUTTING THIS TOGETHER, JUST ONE CONSIDERATION I WAS WONDERING. WAS

THERE EVER A THOUGHT GIVEN THAT POSSIBLY PUTTING IN A FEW OF THE SENIORS

THAT ACTUALLY LIVE IN THESE FACILITIES ON THIS TASK FORCE TO BE PART OF THE --

PART OF THE TASK FORCE ITSELF?

MS. CRUZ: ACTUALLY, NO ONE RAISED THAT TO US. WE

WORKED WITH AARP AND OTHER FOLKS TO KIND OF THINK THROUGH THIS. I

NYS ASSEMBLY MARCH 3, 2021

ACTUALLY THINK THAT'S A WONDERFUL IDEA AND IT'S SOMETHING WE CAN TALK TO

THE TASK FORCE MEMBERS ONCE THE TASK FORCE IS SET UP TO MAKE SURE THAT

THEY ARE REACHING OUT TO SENIORS TO HEAR THEIR VOICES.

MR. MANKTELOW: YEAH, THE ONES THAT ACTUALLY

LIVE IN THE FACILITIES AND THAT'S THEIR HOME, I THINK IT WOULD BE SO GREAT

TO SEE SOME OF THEM ON THIS TASK FORCE.

MS. CRUZ: THANK YOU FOR THAT, MR. MANKTELOW.

MR. MANKTELOW: THAT WAS IT, SO THANK YOU SO

MUCH.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT S-598-B. 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. KIM TO EXPLAIN HIS VOTE.

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

TAKE A MOMENT TO THANK THE SPONSOR. I KNOW THAT SHE'S BEEN PUSHING

THIS BILL SINCE LAST YEAR AND LIKE SHE SAID, A NUMBER OF ORGANIZATIONS,

INCLUDING THE AARP, HAS SUPPORTED THIS MEASURE. AND I KNOW THAT WE

DO A LOT OF COMMISSIONS AND TASK FORCES, BUT I KNOW THAT WITH HER

OVERSEEING AND -- AND MAKING SURE THAT THE TASK FORCE DOES THEIR JOB,

THIS WILL BE A POSITIVE THING TO MAKE SURE THAT PEOPLE, THE STAKEHOLDERS,

DO HAVE AN OPPORTUNITY TO BE A PART OF THE PROCESS, PART OF THE SOLUTION.

NYS ASSEMBLY MARCH 3, 2021

SO I DO SUPPORT THIS AND I ENCOURAGE MY COLLEAGUES TO VOTE IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. KIM IN THE

AFFIRMATIVE.

MR. BYRNE.

MR. BYRNE: THANK YOU, MR. SPEAKER. I, TOO, WANT

TO THANK THE SPONSOR FOR HER WORK ON THIS LEGISLATION. I KNOW IT'S BEEN

IN THE WORKS FOR QUITE SOME TIME. I ALSO JUST WANT TO MAKE A PARTICULAR

-- A SPECIAL MENTION THAT I NOTICED IT WAS AMENDED TO ADD SOME

ADDITIONAL TASK FORCE MEMBERS. IT WAS SOME OF THE CONCERNS THAT WAS

RAISED TO ME EARLIER IN THE YEAR, PARTICULARLY THEY WANTED REPRESENTATION

FROM GERIATRICIANS AND THE NEW YORK MEDICAL DIRECTOR'S ASSOCIATION,

AND THAT WAS ADDED TO THIS BILL SO I WANTED TO THANK THE SPONSOR FOR

DOING THAT. AND I ALWAYS TAKE A PARTICULAR NOTE, AND I APPRECIATE IT

WHEN OUR MINORITY LEADER GETS AN APPOINTMENT TO THESE TASK FORCES,

AND THAT WAS INCLUDED, AS WELL, SO I WANTED TO THANK THE SPONSOR AND I

WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BYRNE IN THE

AFFIRMATIVE.

MS. WALLACE.

MS. WALLACE: THANK YOU, MR. SPEAKER. I, TOO,

WANT TO JOIN MY COLLEAGUES IN THANKING THE SPONSOR FOR THIS REALLY

IMPORTANT PIECE OF LEGISLATION. LIKE SO MANY THINGS, THIS PANDEMIC HAS

REVEALED THE FRACTURES AND PROBLEMS IN OUR SOCIETY, AND ONE OF THOSE

WAS THE REVELATION OF SHOWING JUST HOW FRAGILE OUR LONG-TERM CARE AND

NYS ASSEMBLY MARCH 3, 2021

NURSING HOME INDUSTRY IS AND WHERE IT IS FAILING. THIS BILL WILL ALLOW

US TO TAKE A THOUGHTFUL, THOROUGH, DEEP LOOK AT THE ENTIRE INDUSTRY AND

-- SO THAT OUR POLICY DECISIONS AFTER THE REPORT CAN BE INFORMED. I DO

ENCOURAGE THE TASK FORCE TO EXAMINE WHAT HAPPENED AS A RESULT OF THE

MARCH 25TH ORDER SO THAT WE DON'T REPEAT THE MISTAKES OF THE PAST. SO

AGAIN, I WANT TO THANK THE SPONSOR AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WALLACE IN THE

AFFIRMATIVE.

MS. CRUZ TO EXPLAIN HER VOTE.

MS. CRUZ: THANK YOU, MR. SPEAKER. OUR SENIORS

DESERVE TO LIVE IN DIGNITY AND I'M HONORED TO CARRY THIS BILL, AND I THANK

MY SENATE COLLEAGUE FOR HER WORK TO HELP US PASS IT. ONE OF MY

FAVORITE THINGS TO DO BEFORE THE PANDEMIC WAS TO VISIT OUR PUBLIC AND

PRIVATE SENIOR CENTERS AND LIVING FACILITIES. I WOULD STOP BY AT LEAST

TWICE A MONTH TO DANCE, PLAY BINGO, OR SIMPLY SAY HELLO TO DONARITA

(PHONETIC) AT RAICES SENIOR CENTER, MARCOS (PHONETIC) AT ALBERTA

HOUSING, AND ELSA (PHONETIC) AT COMFORT.

SENIORS HAVE DIFFERENT NEEDS. THEY LIVE IN DIFFERENT

TYPES OF HOUSING, THEIR HEALTH NEEDS VARY AND THEIR SUPPORT SYSTEMS ARE

VASTLY UNIQUE. THEY ALL DESERVE TO AGE WITH DIGNITY AND IT IS OUR DUTY

AS LAWMAKERS TO DELIVER THAT FOR THEM. MANY OF THEM HAVE DEDICATED

THEIR LIVES TO THE BETTERMENT OF OUR COMMUNITIES, AND THIS IS THE LEAST

THAT WE CAN DO. WHEN PUBLIC AND PRIVATE SENIOR CENTERS SHUT DOWN AND

SENIOR LIVING FACILITIES BEGAN RESTRICTING OUR ABILITY TO VISIT, MANY

SENIORS BECAME FULLY ISOLATED AND LOST CONTACT WITH KEY SERVICES

NYS ASSEMBLY MARCH 3, 2021

PROVIDERS AND, WORSE, BECAME SICK AND EVEN DIED. WE AS A STATE

WATCHED IT HAPPEN, AND WHILE FINDING WHO IS AT FAULT IS KEY, ENSURING IT

NEVER HAPPENS AGAIN IS EVEN MORE IMPORTANT.

THIS TASK FORCE WILL TAKE A LOOK AT THE STATE OF

LONG-TERM CARE SERVICES, LOOKING AT THE NEEDS OF THE SENIOR POPULATION,

WHAT SERVICES ARE OUT THERE AND HOW THEIR NEEDS ARE BEING MET OR NOT

MET, HOW COVID HAS IMPACTED ALL OF THIS AND WHAT WE NEED TO DO

BETTER. IT WILL ENSURE THAT THE VOICES OF THOSE WHO UNDERSTAND AND WHO

KNOW THE ISSUE ARE AT THE TABLE, FROM THE PUBLIC/PRIVATE SECTOR AND

GOVERNMENT. THIS BILL WILL LOOK AT COMMUNITY-BASED SERVICES,

CONSUMER DIRECTED SERVICES AND CULTURALLY AND LINGUISTICALLY RELEVANT

HEALTH CARE. THE TASK FORCE IS ALSO GOING TO EXAMINE BOTH THE IMPACT

OF THE CORONAVIRUS ON RESIDENTS AND STAFF IN SKILLED NURSING AND OTHER

ADULT CARE FACILITIES. MY COMMITMENT WILL BE TO ENSURE THAT THE REPORT,

WHICH IS DUE ON THE FIRST OF DECEMBER OF THIS YEAR IS NOT DELAYED OR

INCOMPLETE.

NOW, MORE THAN EVER, THIS TASK FORCE IS NEEDED. WE

CAN'T ADVOCATE IN (UNINTELLIGIBLE) AND EXPECT TO TRULY PROTECT OUR

COMMUNITY. IF WE WANT CHANGE, WE NEED TO TRULY LOOK AT THE DEPTH OF

THE ISSUE FROM ITS ROOT CAUSES AND PROPOSE SOLUTIONS. I WILL BE VOTING

IN FAVOR AND I URGE MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MS. CRUZ IN THE

AFFIRMATIVE.

ARE THERE -- MR. GOODELL.

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

NYS ASSEMBLY MARCH 3, 2021

RECORD ASSEMBLYMAN -- MR. DIPIETRO IN THE NEGATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05846, RULES REPORT

NO. 30, KIM, GOTTFRIED, WEINSTEIN, ANDERSON, OTIS, SAYEGH, STIRPE,

DINOWITZ, SILLITTI, SIMON, GLICK, VANEL, LUNSFORD, CAHILL, BARRON, L.

ROSENTHAL, PICHARDO, RICHARDSON, BRONSON, ZEBROWSKI, THIELE,

WILLIAMS, BICHOTTE HERMELYN, CARROLL, LUPARDO, ABINANTI, GALLAGHER,

STERN, ABBATE, FORREST. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO REQUIRING ADULT CARE FACILITIES TO INCLUDE QUALITY

IMPROVEMENT COMMITTEES AND INCLUDE A FOCUS ON INFECTION CONTROL IN

SUCH FACILITIES' QUALITY ASSURANCE PLANS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

KIM, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

MR. GOODELL.

MR. GOODELL: AN EXPLANATION, PLEASE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. KIM.

MR. KIM: THANK YOU, MR. SPEAKER. THIS BILL WOULD

ACCOMPLISH TWO THINGS: THE BILL WOULD CLARIFY THAT EXISTING QUALITY

ASSURANCE INITIATIVES FOR ADULT CARE FACILITIES SHOULD INCLUDE INFECTION

CONTROL; AND SECONDLY, THE BILL WOULD REQUIRE EACH ADULT CARE FACILITY TO

CREATE A QUALITY IMPROVEMENT COMMITTEE THAT INVOLVES RESIDENTS, STAFF,

NYS ASSEMBLY MARCH 3, 2021

AND OPERATORS. THE PURPOSE OF THIS BILL IS TO IMPROVE THE QUALITY OF

CARE DELIVERED BY ADULT CARE FACILITIES.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. KIM, WILL YOU

YIELD?

MR. KIM: YES; YES, SIR.

ACTING SPEAKER AUBRY: MR. KIM YIELDS.

MR. GOODELL: THANK YOU, MR. KIM. DON'T MOST

FACILITIES ALREADY HAVE COMPREHENSIVE INFECTIOUS CONTROL PLANS IN

PLACE?

MR. KIM: THE ADULT CARE FACILITIES ARE REQUIRED TO BE

INSPECTED AT LEAST ONCE A YEAR THROUGH AN UNANNOUNCED INSPECTION.

FACILITIES RECEIVING THE HIGHEST RATING SHALL BE INSPECTED AT LEAST ONCE

EVERY 18 MONTHS ON AN UNANNOUNCED BASIS. BUT THIS WILL CLARIFY FOR

SURE THAT IT INCLUDES AN INFECTION -- INFECTION CONTROL IN THEIR

PERFORMANCE STANDARDS.

MR. GOODELL: THE QUESTION I HAD RELATED TO -- AND

I WAS HOPING YOU COULD GIVE US SOME CLARIFICATION, HOW DOES A FACILITY

REACT IF THEY RECEIVE A DEPARTMENT OF HEALTH DIRECTIVE THAT CONFLICTS

WITH THEIR INFECTIOUS CONTROL STANDARDS? FOR EXAMPLE, HOW WOULD A

FACILITY REACT IF THEY WERE DIRECTED TO TAKE COVID-ACTIVE PATIENTS AND

THEIR OWN INTERNAL INFECTIOUS CONTROL POLICY PROHIBIT THAT? WOULD --

WOULD YOU SHARE SOME PERSPECTIVE ON HOW THAT WOULD PLAY OUT?

NYS ASSEMBLY MARCH 3, 2021

MR. KIM: MR. GOODELL, I'M HEARING A LOT OF NOISE

FROM ANOTHER SPEAKER. CAN YOU REPEAT THAT, AND IF WE CAN MUTE

WHOEVER WHO IS SPEAKING. THANK YOU. THAT'S BETTER. CAN YOU REPEAT

THE QUESTION, MR. GOODELL?

MR. GOODELL: CERTAINLY. AND I APOLOGIZE FOR THE

BACKGROUND NOISE. THE QUESTION I HAVE IS IF A FACILITY DEVELOPS ITS

INFECTIOUS CONTROL STANDARDS AND THEN IS DIRECTED BY THE NEW YORK

STATE HEALTH DEPARTMENT TO TAKE PATIENTS THAT WOULD VIOLATE THEIR

INTERNAL STANDARDS, HOW SHOULD A FACILITY RESPOND? I WAS INTERESTED IN

YOUR -- YOUR THOUGHTS ON THAT ISSUE.

MR. KIM: MR. GOODELL, THIS BILL DOESN'T SPEAK TO

HOW WE WOULD ENFORCE IT. I THINK WE ARE LOOKING AT OTHER POSSIBLE

SOLUTIONS TO HOLD THE FACILITIES ACCOUNTABLE IF THEY DO NOT COMPLY WITH

THE STANDARDS THAT THEY SHOULD BE UPHOLDING. WE ARE, I THINK, ACTIVELY

DISCUSSING POSSIBLE FINES AND OTHER ELEMENTS, BUT I DON'T THINK WE HAVE

CONSENSUS AT THIS POINT. BUT IF YOU HAVE ANY SUGGESTIONS WITH THAT, MR.

GOODELL, I'M OPEN TO YOUR IDEAS AS WELL.

MR. GOODELL: WELL, I CAN APPRECIATE THAT DURING

THE COVID PANDEMIC AND THE EMERGENCY ORDERS THAT WERE ISSUED,

THESE TYPES OF FACILITIES WERE GIVEN BROAD IMMUNITY PRESUMABLY IF THEY

DIDN'T HAVE THAT IMMUNITY AND THEY ACCEPTED PATIENTS THAT WERE

INCONSISTENT WITH THEIR QUALITY ASSURANCE PLAN OR THEIR INFECTIOUS

CONTROL PLAN THEY WOULD BE FACING POTENTIAL CIVIL LIABILITY FOR VIOLATING

THEIR OWN STANDARDS. MY QUESTION IS, WHAT -- WHAT HAPPENS IF A FACILITY

IS ORDERED BY THE HEALTH DEPARTMENT TO TAKE PATIENTS THAT VIOLATE THE

NYS ASSEMBLY MARCH 3, 2021

FACILITY'S OWN INFECTIOUS CONTROL PLAN? HOW SHOULD A FACILITY OPERATE?

I MEAN, ARE WE CREATING A SITUATION WHERE THEY MAY BE FACING CIVIL

LIABILITY OR FACING FINES IF THEY DON'T FOLLOW THEIR OWN GUIDELINES, AND

MIGHT BE FACING LICENSE SUSPENSION OR REVOCATION IF THEY DON'T FOLLOW

THE CONFLICTING DEPARTMENT OF HEALTH DIRECTIVES? CAN YOU HELP SHED

SOME LIGHT ON HOW A FACILITY IN A REAL WORLD, ON THE GROUND, SHOULD

RESPOND WHEN THEY'RE BEING ORDERED TO DO SOMETHING THAT CONFLICTS

WITH ALL OF THEIR OWN STANDARDS.

MR. KIM: SO, THE -- THE FACILITIES WOULD HAVE TO

FOLLOW THE DEPARTMENT OF HEALTH'S DIRECTION IF THEIR STANDARDS ARE NOT

SUFFICIENT. BUT IN THE QUALITY ASSURANCE PLANS ARE A REQUIREMENT FROM

DEPARTMENT -- FROM THE DEPARTMENT OF HEALTH. BUT AS FAR AS YOUR

QUESTIONS ABOUT THE LAST TEN MONTHS SURROUNDING THE LEGAL IMMUNITY

AND HOW IT IMPACTS THEIR ABILITY IF THEY -- THAT'S SOMETHING THAT WE CAN

CIRCLE BACK AND ADDRESS SEPARATELY. IT MIGHT HAVE TO BE SETTLED IN COURT

AT THIS POINT. WE CAN DISCUSS THAT AT -- AT A LATER TIME WHEN WE DISCUSS

THAT BILL, WHICH IS A SEPARATE ISSUE, MR. GOODELL.

MR. GOODELL: WOULD THIS LEGISLATION ENABLE A

LONG-TERM HEALTH FACILITY TO HAVE INFECTIOUS CONTROL STANDARDS THAT ARE

HIGHER THAN THOSE OF THE NEW YORK STATE DEPARTMENT OF HEALTH?

MR. KIM: IT DOESN'T -- THE BILL DOESN'T SPEAK TO THAT.

I THINK WE'RE JUST CLARIFYING THAT INFECTION CONTROL MUST BE INCLUDED.

BUT I THINK THIS BILL REALLY IS ALSO -- THE SECOND COMPONENT, WHICH IS

MORE -- WHICH IS THE MORE IMPORTANT PART, OR EQUALLY MORE IMPORTANT,

WHICH IS INVOLVING THE RESIDENTS AND STAFF AND THE FRONTLINE EMPLOYEES

NYS ASSEMBLY MARCH 3, 2021

WHO HAVE NOT HAD A CHANCE TO BE A PART OF THE PROCESS IN DETERMINING

THE QUALITY ASSURANCE, BUT CREATING A COMMITTEE TO GIVE THEM A VOICE I

THINK IS ALSO VERY CRITICAL -- A CRITICAL COMPONENT THAT THIS BILL DOES.

MR. GOODELL: I -- I ABSOLUTELY AGREE AND I -- I

THINK WE BOTH SHARE THE PERSPECTIVE THAT WE WANT THE HIGHEST QUALITY OF

CARE PROVIDED TO OUR SENIORS, INCLUDING THE HIGHEST QUALITY ON A PLAN

THAT INCLUDES INFECTIOUS CONTROL. I MEAN, THAT IS OUR OBJECTIVE,

PRESUMABLY. AND SO, MY QUESTION IS WE'RE LOOKING FOR THE BEST QUALITY

CONTROL STANDARDS, PRESUMABLY, AND NOT THE MINIMUM; WOULDN'T YOU

AGREE?

MR. KIM: I AGREE. I AGREE WITH YOU, MR. GOODELL,

AND IF THAT IS NOT CLEAR, THAT IS THE INTENT THAT I WOULD LIKE TO PUT

FORWARD IN THIS LEGISLATION.

MR. GOODELL: AND AS YOU CAN APPRECIATE, OFTEN

WE LOOK TO OUR HEALTH DEPARTMENT TO ESTABLISH THE MINIMUM PLAN, THE

MINIMUM REQUIREMENTS, AND WE HOPE AND EXPECT THAT ALL OF OUR

FACILITIES WILL EXCEED THE MINIMUM STANDARDS. THE CONCERN I HAVE IS

THAT DURING THE LAST YEAR IT LOOKED LIKE THE HEALTH DEPARTMENT WAS

FOCUSING LESS ON THE MINIMUM STANDARDS AND ACTUALLY ORDERING

FACILITIES TO DO SOMETHING THAT THEY WOULD NOT NORMALLY DO, LIKE TAKE

COVID-ACTIVE PATIENTS. HOW DOES A FACILITY -- HOW DO YOU ENVISION

THAT A FACILITY UNDER THIS LAW WOULD DEAL WITH A SITUATION WHERE THE

HEALTH DEPARTMENT IS ORDERING THEM TO GO IN A LOWER LEVEL OF CARE, OR

SAFETY OR INFECTIOUS CONTROL?

MR. KIM: IF I'M -- IF -- IF AN ACF HAS HIGHER

NYS ASSEMBLY MARCH 3, 2021

STANDARDS, MR. GOODELL, THAN DOH, THERE WOULDN'T BEEN AN ISSUE. BUT

GOING BACK TO YOUR OTHER POINT, I DO BELIEVE THAT DURING THIS PANDEMIC

THERE WAS A DISCONNECT IN SOME OF THE EXECUTIVE ORDERS THAT WERE NOT

ALIGNED WITH THE QUALITY OF -- OF REVIEWS AND STANDARD, AND THAT'S --

THERE WERE CLEAR MISTAKES THAT WERE MADE AND WE'RE TRYING TO RECTIFY

THAT NOW THROUGH VARIOUS LEGISLATIONS. AND WE'RE HOPING THIS PIECE OF

LEGISLATION, ALONG WITH MANY OTHERS THAT WE'LL BE PUTTING FORWARD, CAN

ADDRESS SOME OF YOUR LARGER CONCERNS AS WE MOVE FORWARD.

MR. GOODELL: THANK YOU VERY MUCH, MR. KIM.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I -- I WANT TO COMMEND MR. KIM

FOR HIS -- HIS DEEP AND SINCERE EFFORTS TO IMPROVE THE QUALITY OF CARE AS

THE CHAIRMAN OF THE AGING COMMITTEE, AND I APPLAUD HIS EFFORTS TO DO

SO. AND I AGREE WITH THE BILL'S SPONSOR THAT HAVING HIGH QUALITY PLANS

IN PLACE TO DEAL WITH INFECTION CONTROL IS IMPORTANT. IT'S IMPORTANT TO

THE FACILITIES AND THE STAFF, IT'S IMPORTANT TO THE RESIDENTS CERTAINLY, AND

IT'S EXTRAORDINARILY IMPORTANT AS WELL TO ALL THE FAMILY MEMBERS WHO

ENTRUST THEIR LOVED ONES TO THE CARE OF OTHERS, PARTICULARLY WHEN THEIR

LOVED ONES ARE GOING THROUGH A DIFFICULT TIME FROM A PERSONAL OR

PHYSICAL PERSPECTIVE.

I FIND IT TROUBLING THAT THIS IS NOW ONE OF SEVERAL BILLS

THAT WE HAVE BEEN ASKED TO ENACT THAT SEEMS TO CONFLICT WITH THE ACTUAL

POLICY AND PRACTICE OF OUR OWN STATE HEALTH DEPARTMENT. IN THE PAST, I

NYS ASSEMBLY MARCH 3, 2021

ALWAYS LOOKED TO THE STATE HEALTH DEPARTMENT AS ENCOURAGING AN

INCREASE IN SAFETY AND FACILITATING THOUGHTFUL, COMPASSIONATE, SAFE CARE.

AND NOW WE FIND OURSELVES IN A SITUATION WHERE THE OPERATORS OF THESE

FACILITIES ARE BEING CAUGHT BETWEEN A ROCK AND A HARD PLACE BECAUSE

THEY'RE BEING DIRECTED BY THIS LEGISLATION TO REVIEW THEIR SAFETY PLANS,

AND I WILL YOU ASSURE YOU THE OVERWHELMING MAJORITY, IF NOT ALL OF

THEM, ALREADY HAVE SAFETY PLANS IN PLACE AND QUALITY CONTROL PLANS IN

PLACE AND INFECTIOUS CONTROL PLANS IN PLACE, THEY ALREADY HAVE THAT IN

PLACE AND WE STEP FORWARD AND SAY MAKE SURE YOU'RE TALKING ABOUT

INFECTIOUS CONTROL AT THE SAME TIME THAT OUR OWN HEALTH DEPARTMENT

ORDERED THOUSANDS OF COVID-ACTIVE PATIENTS INTO THESE NURSING

HOMES, MANY OF WHICH WOULD HAVE VIOLATED THE STANDARDS OF THE

NURSING HOME ITSELF.

AND SO JUST FOR A MOMENT, PLACE YOURSELF AS AN

ADMINISTRATOR IN A NURSING HOME WHERE ON ONE HAND YOU HAVE YOUR

OWN HEALTH STANDARDS THAT YOU WANT TO MAINTAIN BECAUSE YOU WANT TO

PRESERVE THE REPUTATION OF YOUR FACILITY AND YOU WANT TO HELP YOUR

PATIENTS EVERY CONCEIVABLE WAY YOU CAN, AND AT THE OTHER HAND YOU'VE

GOT A STATE REGULATORY AGENCY THREATENING YOUR LICENSE IF YOU DON'T

VIOLATE YOUR OWN STANDARDS. IT IS ABSOLUTELY UNIMAGINABLE AND

UNTENABLE.

I WILL BE SUPPORTING THIS BILL. I URGE MY COLLEAGUES TO

DO THE SAME, BECAUSE I AM HOPEFUL BASED ON THE THOUGHTFUL COMMENTS

OF MY COLLEAGUE, MR. KIM, THAT WE'LL ESTABLISH A LEGISLATIVE HISTORY TO

PROVIDE SOME PROTECTION TO OUR LONG-TERM CARE FACILITIES WHO HAVE AND

NYS ASSEMBLY MARCH 3, 2021

WANT TO MAINTAIN HIGHER STANDARDS OF CARE THAN OUR OWN NEW YORK

STATE HEALTH DEPARTMENT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. GUNTHER.

MRS. GUNTHER: GOOD AFTERNOON. AND, YOU KNOW,

I SUPPORT THIS BILL AND I THINK IT'S VERY, VERY IMPORTANT. BUT I ALSO THINK

THAT EACH FACILITY, LONG-TERM FACILITY, ONE OF THE MOST IMPORTANT THINGS

THEY CAN DO IS HAVE POLICIES AND PROCEDURES THAT ADDRESS ALL OF THESE

ISSUES. AND WE KNOW NOW THAT WE HAVE COVID, A NEW PATHOGEN THAT

HAS COME TO OUR -- TO OUR FACILITIES. I ALSO THINK THAT IT'S IMPORTANT THAT

THERE IS DESIGNATED ISOLATION ROOMS. WHEN PEOPLE HAVE INFECTIOUS

DISEASE THEY SHOULD BE ISOLATED. SOMETIMES IT'S IMPORTANT TO HAVE A

NEGATIVE PRESSURE ROOM IN THAT SITUATION. AND ALSO, ONE OF THE MOST

IMPORTANT THINGS THAT WE CAN DO TO PREVENT TRANSMISSION OF DISEASE IS

EDUCATION OF THE STAFF. AND IT HAS TO BE A THOROUGH EDUCATION TO MAKE

SURE THAT THEY KNOW HOW TO PROTECT THEMSELVES AND PROTECT THEIR

PATIENT AGAINST TRANSMISSION.

AND I THINK THAT SOMETIMES WE GIVE OUR -- OUR CNAS

OR NURSES A PIECE OF PAPER TO READ, BUT IT REALLY HAS TO BE INTERACTIVE

AND IT HAS TO BE THOROUGH. AND WE'VE DONE THAT WITH

METHICILLIN-RESISTANT STAPH AUREUS, WE'VE DONE THAT WITH AIRBORNE

DISEASE LIKE TUBERCULOSIS, AND IF WE HAVE THE INFECTION CONTROL

MECHANISMS IN PLACE, WE CAN PREVENT TRANSMISSION. SO POLICIES ARE

IMPORTANT AND THESE -- THESE -- THESE LAWS ARE IMPORTANT, BUT MORE

IMPORTANTLY IS THAT WE EDUCATE THE STAFF TO FOLLOW THESE POLICIES AND TO

NYS ASSEMBLY MARCH 3, 2021

BE ABLE TO HAVE PERSONAL PROTECTIVE EQUIPMENT ON HAND WHEN NEED BE.

SO THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. KIM, WILL YOU

YIELD?

MR. KIM: YES.

ACTING SPEAKER AUBRY: MR. KIM YIELDS, SIR.

MR. MANKTELOW: THANK YOU, SIR. GOOD

AFTERNOON, MR. KIM. THANK YOU. A LITTLE EARLIER WE WERE TALKING

ABOUT OVERSIGHTEDNESS. I'M ASSUMING THAT WOULD BE DONE WITH THE

DEPARTMENT OF HEALTH; IS THAT CORRECT?

MR. KIM: YES.

MR. MANKTELOW: AND I THINK YOU ALSO SAID

EARLIER THAT WE WERE TALKING ABOUT POSSIBLY FINES AND STUFF LIKE THAT,

THAT YOU WOULD BE LOOKING AT THAT IN A LATER TIME?

MR. KIM: THAT'S SOMETHING THAT I THINK MY

COLLEAGUES AND I ARE LOOKING INTO, BUT WE ALSO -- WE ALSO HAVE

COLLEAGUES THAT DO NOT WANT TO BE OVERLY PUNITIVE AS WELL.

MR. MANKTELOW: YEAH, THAT'S -- THAT WAS ONE OF

THE REASONS WHY I WAS ASKING THE QUESTION. I WAS TALKING WITH ONE OF

OUR LOCAL ADULT CARE FACILITIES BACK IN MY DISTRICT AND THEY'RE ALL FOR

HELP AND EVERYTHING AND GETTING HELP FROM DOH BUT, YOU KNOW, THERE'S

NYS ASSEMBLY MARCH 3, 2021

RUMORS OUT THERE AND IT LOOKS LIKE THERE -- THERE COULD BE INCREASES IN

FINES IF THEY DON'T FOLLOW SOMETHING. AND THIS ONE ADULT DAYCARE

CENTER THAT I JUST TALKED TO SAID THEY HAD MISSED A -- A REPORT BY FIVE

MINUTES AND THEY WERE -- THEY WERE LOOKING TO BE FINED $1,000. AND

THERE'S TALK THAT THAT COULD GO TO $10,000. SO I GUESS WHAT I'M ASKING

IS, YOU KNOW, AS YOU WORK FORWARD WITH THIS AND LOOKING AT NEW

LEGISLATION AS FAR AS FINES, WE -- WE NEED TO BE CONSIDERATE BECAUSE

SOME OF OUR -- OUR CENTERS AROUND MY DISTRICT IN THE RURAL AREAS, THEY'RE

NOT THAT BIG, THEY CANNOT WITHSTAND A -- A HUGE FINE AND I THINK THAT WE

NEED TO BE COGNIZANT OF THAT AND MAKING SURE -- IT'S NOT JUST ABOUT A

FINE, IT'S HELPING, AS THE FORMER ASSEMBLYWOMAN JUST SAID, IT'S ABOUT

EDUCATION, HELPING THESE FACILITIES DO THE RIGHT THINGS. AND BEFORE WE

START TALKING ABOUT FINES, I -- I REALLY THINK WE NEED TO TALK ABOUT

EDUCATION AND HAVING DOH HELP THESE FACILITIES WITH EDUCATION.

SO I'M JUST ASKING FOR CONSIDERATION AS YOU MOVE

FORWARD DOWN THE ROAD AND STOP -- OR START TALKING ABOUT FINES, PLEASE

BE CONSIDERATE OF OUR SMALLER FACILITIES AND OUR RURAL FACILITIES BECAUSE

SOME OF THEM JUST CANNOT STAND HUGE FINES.

MR. KIM: THANK YOU. SO THERE'S NO MENTIONING OF

THAT IN THIS PARTICULAR BILL, AND I'M SURE WE CAN FIND THE RIGHT BALANCE TO

MAKE SURE THAT SOME OF THE BAD OPERATORS WHO SHOULD BE INVESTING

MORE TO DO WHATEVER THEY CAN TO CONTROL THE INFECTION RATE AND THEY'RE

NOT DOING ENOUGH COULD BE HELD ACCOUNTABLE MOVING FORWARD WHILE

GIVING THE PROPER SUPPORT AND EDUCATION TO THOSE WHO ARE ACTING IN

GOOD FAITH AND DOING WHATEVER THEY CAN TO SUPPORT OUR RESIDENTS.

NYS ASSEMBLY MARCH 3, 2021

MR. MANKTELOW: YEAH. I -- I ABSOLUTELY AGREE

WITH YOU, ASSEMBLYMAN, THAT THE BAD ACTORS DEFINITELY NEED TO BE HELD

ACCOUNTABLE. BUT AT THE SAME TIME, WHEN A GOOD ACTOR MAKES ONE

MISTAKE, YOU KNOW, WE CAN'T HAVE A HUGE FINE BECAUSE THEY MADE A

MISTAKE. SO, THANK YOU FOR THE CONSIDERATION AND I WILL BE SUPPORTING

YOUR BILL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, CERTAINLY.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL -- THIS ACT SHALL TAKE

EFFECT ON THE 90TH DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT S-1784-A. 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. KIM TO EXPLAIN HIS VOTE.

MR. KIM: THANK YOU, MR. SPEAKER. THIS BILL IS

REALLY TRYING TO PROTECT OUR NURSING HOMES AND LONG-TERM FACILITIES

MOVING FORWARD TO MAKE SURE THAT THEY'RE BETTER PREPARED. CONFLATING

THE MISTAKES THAT HAD HAPPENED, INCLUDING SENDING OVER 9,000 COVID

PATIENTS AT THE PEAK OF THE PANDEMIC AND LEANING ON NURSING HOMES

AND FACILITIES TO DO MORE IS AN UNFAIR, I THINK, COMPARISON BECAUSE THAT

IS A MISTAKE THAT I BELIEVE WE'LL NEVER MAKE AGAIN IN THIS STATE. BUT

NYS ASSEMBLY MARCH 3, 2021

MOVING FORWARD, I BELIEVE THAT HAVING SOMETHING LIKE THIS TO MAKE

SURE THAT, YOU KNOW, WHEN WE DO OUR PERFORMANCE STANDARD REVIEW WE

INCLUDE INFECTION RATE STUDIES TO -- TO BE REPORTED TO THE DEPARTMENT OF

HEALTH AND HAVE AN INCLUSIVE APPROACH TO MAKE SURE THAT EMPLOYEES,

THE FRONTLINE WORKERS, THE OPERATORS ARE PART OF DISCUSSING WHAT IT IS TO

HAVE QUALITY CONTROL IN THESE FACILITIES IS AN IMPORTANT ASPECT OF THIS

BILL.

SO, I -- I LOOK FORWARD TO PASSING THIS BILL AND I VOTE IN

THE AFFIRMATIVE. I HOPE THAT MY COLLEAGUES CAN SUPPORT THIS. THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU. MR. KIM

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05848, RULES REPORT

NO. 32, WALLACE, GOTTFRIED, WEINSTEIN, BARRON, ABINANTI, RICHARDSON,

ANDERSON, OTIS, SAYEGH, STIRPE, WOERNER, STERN, DINOWITZ, SILLITTI,

SIMON, ABBATE, GLICK, VANEL, LUNSFORD, CAHILL, L. ROSENTHAL,

PICHARDO, BRONSON, ZEBROWSKI, THIELE, WILLIAMS, BICHOTTE HERMELYN,

CARROLL, GALLAGHER, FALL, ZINERMAN, FORREST. AN ACT TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO PROVIDING INFORMATION ON WHERE A

LIST OF VIOLATIONS AND OTHER ACTIONS TAKEN AGAINST THE FACILITY CAN BE

FOUND.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

NYS ASSEMBLY MARCH 3, 2021

WALLACE, THE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT S-3185. 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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. DO YOU HAVE HOUSEKEEPING? WE DO HAVE THREE PRIVILEGED --

ACTING SPEAKER AUBRY: YES, WE WILL.

MRS. PEOPLES-STOKES: -- THREE PRIVILEGED

RESOLUTIONS.

ACTING SPEAKER AUBRY: RIGHT. THE CLERK

WILL READ --

(PAUSE)

MRS. PEOPLES-STOKES: SO, MR. SPEAKER, WE DO

HAVE THREE PRIVILEGED RESOLUTIONS, IF WE COULD TAKE THOSE UP, PLEASE.

ACTING SPEAKER AUBRY: CERTAINLY. WE'LL TAKE

UP THE THREE PRIVILEGED RESOLUTIONS. THE CLERK WILL READ.

NYS ASSEMBLY MARCH 3, 2021

THE CLERK: ASSEMBLY RESOLUTION NO. 74, MS.

BUTTENSCHON.

LEGISLATIVE RESOLUTION COMMEMORATING THE 29TH

ANNIVERSARY OF THE INDEPENDENCE OF BOSNIA AND HERZEGOVINA ON MARCH

1ST, 2021.

ACTING SPEAKER AUBRY: MS. BUTTENSCHON ON

THE RESOLUTION.

MS. BUTTENSCHON: THANK YOU, MR. SPEAKER.

ON THE RESOLUTION. IT IS MY DISTINCT PRIVILEGE TO SPEAK ON THIS

RESOLUTION THAT CELEBRATES THE RICH CULTURE AND IDENTITY OF BOSNIA AND

HERZEGOVINA. IT'S IMPORTANT THAT WE HONOR THIS HISTORIC DAY THAT TOOK

PLACE ON MONDAY, AS WELL AS REMEMBER THE HARDSHIPS AND LOSS THAT

CAME IN THIS WAKE. ON MARCH 1ST, 1992, VOTERS OVERWHELMINGLY

APPROVED A REFERENDUM TO SUPPORT OF THE BOSNIAN INDEPENDENCE. THIS

MEMORIALIZED DAY INCITED A DEADLY WAR THAT LED TO THE DEATH OF

THOUSANDS AND PROMOTED DANGEROUS ACTS OF VIOLENCE AND HATE SPEECH

AGAINST THE BOSNIAN PEOPLE, WHICH WAS VERY UNFORTUNATE. AS WE

MOURN THEIR LIVES LOST, WE ALSO STAND WITH THOSE STILL FIGHTING FOR JUSTICE

AND SOCIAL CHANGE ABROAD, AND WE HONOR THEIR UNWAVERING

COMMITMENT TO DEMOCRACY.

TODAY, I ALSO CELEBRATE THE LARGE BOSNIAN COMMUNITY

OF UTICA, WHO HAVE CONTRIBUTED SO MUCH TO THE MOHAWK VALLEY. THEIR

HARD WORK, PERSEVERANCE, CULTURAL ENHANCEMENT TO OUR COMMUNITY, AS

WELL AS ARCHITECTURAL CHANGES THAT HAVE PROVIDED MANY WONDERFUL

INSIGHTS TO OUR COMMUNITY AND BEYOND. UTICA'S STORY OF HELPING THESE

NYS ASSEMBLY MARCH 3, 2021

REFUGEES INTEGRATE INTO OUR WAY OF LIFE BY ALSO LEARNING AND GROWING

FROM THEIR TRULY EMBODIED IS WHAT AMERICA IS ALL ABOUT. AS WE

CELEBRATE THE PROGRESS THIS COMMUNITY HAS MADE LOCALLY AND ABROAD,

WE ALSO MUST WORK TO PERSEVERE AND PROMOTE THE BOSNIAN CULTURE NOW

AND FOR GENERATIONS TO COME. PLEASE JOIN ME AS WE CONTINUE TO EDUCATE

ONE ANOTHER AND SERVE AS AN EXAMPLE OF UNITY FOR OTHER COMMUNITIES TO

FOLLOW. THANK YOU, MR. SPEAKER.

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. 76, MR.

PICHARDO.

LEGISLATIVE RESOLUTION MOURNING THE DEATH OF RAMON

ANIBAL RAMOS, RADIO AND TELEVISION PERSONALITY, DISTINGUISHED CITIZEN

AND DEVOTED MEMBER OF HIS COMMUNITY.

ACTING SPEAKER AUBRY: MR. PICHARDO ON THE

RESOLUTION.

MR. PICHARDO: FIRST OF ALL, THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO INTERRUPT THE PROCEEDINGS AND JUST TAKE A

MOMENT TO RECOGNIZE THE LIFE OF SOMEONE WHO HAS MEANT SO MUCH TO

THE DOMINICAN COMMUNITY BOTH HERE IN NEW YORK STATE AND ABROAD.

MR. RAMON ANIBAL RAMOS UNFORTUNATELY FELL ILL RECENTLY AND PASSED

AWAY THIS YEAR ON FEBRUARY 23RD, 2021. MR. ANIBAL RAMOS WAS NOT

ONLY A -- HAS BEEN A MAJOR ENTERTAINER THROUGHOUT THE DOMINICAN

REPUBLIC, BUT HE HAS SHOWN AND HAS REACHED THE TELEVISIONS OF MANY

NYS ASSEMBLY MARCH 3, 2021

DOMINICANS ACROSS THIS STATE AND ACROSS THIS NATION.

HE FIRST STARTED WORKING BACK IN 1958 AND BECAME A

PROMINENT VOICE IN THE DOMINICAN REPUBLIC BEFORE COMING -- COMING

HERE TO THE UNITED STATES. HE FIRST CAME TO NEW YORK IN 1982, EXCUSE

ME, THROUGH A PROGRAM ON A NETWORK CALLED TELE ANTILLAS KNOWN AS

FIESTA. ON HIS HIT SHOW THAT RAN ALL THE WAY UP TO HIS UNFORTUNATE

PASSING, A SHOW THAT RAMON ANIBAL RAMOS FOCUSED ON THE DOMINICAN

COMMUNITY AND THE ISSUES THAT MATTERED TO US. THE ISSUES WERE FROM

POLITICS TO COMMUNITY, TO LOCAL ENGAGEMENT, TO THE ACCOMPLISHMENTS

OF MANY DOMINICANS ACROSS THE STATE AND NATION. THESE ARE THE VERY

FEW ACCOMPLISHMENTS THAT THIS GENTLEMAN HAS -- HAS MADE OVER THE

LIFETIME OF SERVICE TO OUR COMMUNITY AND I JUST SIMPLY WANTED TO TAKE

THIS OPPORTUNITY, MR. SPEAKER, TODAY THAT WE PAUSE FOR A MOMENT, WE

RECOGNIZE THIS GREAT INDIVIDUAL AND HUMAN BEING WHO HAS MEANT SO

MUCH TO SO MANY PEOPLE AND SAY TO HIM, MAY HE REST IN PEACE. HE

FOUGHT THE GOOD FIGHT AND WE WILL MOST CERTAINLY MISS HIM DEARLY HERE

IN NEW YORK. THANK YOU SO VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. DE LA ROSA ON THE RESOLUTION.

MS. DE LA ROSA: THANK YOU, MR. SPEAKER. I'D

LIKE TO THANK MY COLLEAGUE FOR BRINGING UP THIS IMPORTANT RESOLUTION.

RAMON ANIBAL RAMOS IS A DISTINGUISHED MEMBER OF THE DOMINICAN

PRESS. HE STARTED HIS CAREER DECADES AGO BACK IN THE DOMINICAN

REPUBLIC. AND IN MY OWN DISTRICT, THE 72ND DISTRICT, WHERE HIS STUDIO

WAS LOCATED, WE ARE EXPERIENCING A GREAT SENSE OF GRIEF AND LOSS. WE

NYS ASSEMBLY MARCH 3, 2021

-- WE MOURN HIS LOSS BECAUSE NOT ONLY HIS TRAJECTORY WAS ONE THAT IS

DISTINGUISHED BY HIS CHARACTER, A PERSONALITY THAT WOULD LIGHT UP A

ROOM AND A VOICE THAT WAS SO UNIQUE THAT YOU KNEW WITHOUT SEEING HIS

FACE WHEN RAMON ANIBAL WAS ON THE TELEVISION. I GREW UP LISTENING TO

RAMON ANIBAL RAMOS. MY FATHER WAS AN AVID FAN OF HIS, AND WE ARE

SENDING OUR MOST SINCERE CONDOLENCES TO THE ANIBAL RAMOS FAMILY.

THE DOMINICAN COMMUNITY JUST LAST WEEK CELEBRATED

OUR INDEPENDENCE DAY, AND WE KNOW THAT HIS VOICE AND HIS SPRIT WAS

MISSING IN THAT DIALOGUE. I HAD THE PRIVILEGE OF BEING INTERVIEWED BY --

BY RAMON ANIBAL JUST TWO WEEKS BEFORE HIS UNTIMELY DEATH. AND WE

KNOW THAT THIS YEAR HAS BEEN SUCH A -- A HARD YEAR FOR SO MANY OF US,

WE'VE LOST SO MANY PEOPLE, BUT THE DOMINICAN COMMUNITY TODAY IS

TRULY MOURNING THE LOSS OF A GREAT COMMENTATOR, A GREAT FRIEND. HE

WILL BE LAID TO REST THIS WEEKEND AND WE JOIN OUR FAMILY AND OUR

COMMUNITY IN MOURNING HIS LOSS. HE WILL BE TRULY MISSED. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. RIVERA.

MR. J. RIVERA: GOOD AFTERNOON, EVERYONE. I ALSO

WANT TO JOIN MY TWO COLLEAGUES IN EXPRESSING MY LOSS ALONG WITH THEM

A TREMENDOUS PERSON THAT WE HAVE LOST. WE HAVE LOST TWO ICONS IN THE

DOMINICAN LATINO COMMUNITY. FIRST, JOHNNY PACHECO, AND THEN

WITHIN -- THAT LOSS CAME IMMEDIATELY RAMON ANIBAL RAMOS. I MET

RAMON ANIBAL RAMOS ABOUT 2015 WHEN WE FIRST BECAME AWARE OF A

SITUATION IN THE CITY -- THE TOWN OF HAINA. MOTHERS WERE COMPLAINING

NYS ASSEMBLY MARCH 3, 2021

OF THE LACK -- CONTAMINATION TAKING PLACE IN THAT NEIGHBORHOOD. WITH

GEORGE HOLMES AND HELP FIRST, AND RAMON ANIBAL, WE VISITED HAINA.

I VIDEOTAPED IT. AND THEN IT WAS A FACTORY THAT WAS CREATING THE

CONTAMINATION. WE SAW TO IT THAT THAT FACTORY WILL BE ELIMINATED AND

WE SAW TO IT THAT INSTEAD IT WOULD BE REPLACED BY A -- BY A PARK BECAUSE

THERE WAS A PUBLIC SCHOOL RIGHT NEXT TO THE FACTORY.

SO THIS IS A TREMENDOUS LOSS. THIS COMING SUNDAY I

AND OTHERS FROM THE BOROUGH OF THE BRONX WILL BE TRAVELING TO

RIVERDALE FUNERAL HOME RIGHT THERE ON 214TH STREET AND BROADWAY AS

I PAY MY RESPECT TO A GREAT INDIVIDUAL WHO MADE SUCH A TREMENDOUS

CONTRIBUTION. I USED TO CALL HIM (SPEAKING FOREIGN LANGUAGE). I USED TO

CALL HIM THE HEART OF THE INTERNET/TV WHO KEPT US VERY WELL INFORMED

EVERY DAY AS TO WHAT WAS HAPPENING NOT ONLY WITHIN INSIDE THE

DOMINICAN COMMUNITY, BUT THE ENTIRE LATINO COMMUNITY IN THE CITY

AND STATE OF NEW YORK. IT IS A TREMENDOUS LOSS. MY HEART GOES OUT TO

EVERYONE, ESPECIALLY TO THE FAMILY. THANK YOU, MR. SPEAKER. NICE TO

SEE YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY --

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 80, MS.

WALLACE.

LEGISLATIVE RESOLUTION CELEBRATING THE LIFE AND LEGACY

NYS ASSEMBLY MARCH 3, 2021

OF THE HONORABLE HUGH B. SCOTT, UNITED STATES MAGISTRATE JUDGE FOR

WESTERN NEW YORK, DEDICATED PUBLIC SERVANT AND DEVOTED MEMBER OF

HIS COMMUNITY.

ACTING SPEAKER AUBRY: MS. WALLACE ON THE

RESOLUTION.

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

GIVING ME A FEW MINUTES TO SPEAK TO HONOR THE LIFE AND LEGACY OF THE

HONORABLE HUGH B. SCOTT, WHO SERVED AS A FEDERAL MAGISTRATE JUDGE

FOR MANY DECADES ON -- IN THE COURTS IN THE WESTERN DISTRICT OF NEW

YORK. I HAD THE HONOR OF WORKING WITH JUDGE SCOTT, BOTH WHEN I

WORKED IN THE COURTS AND THEN LATER WHEN I WENT ON TO TEACH AT THE LAW

SCHOOL. I WORKED WITH HIM IN HELPING TO DEVELOP HIS PIONEERING

FEDERAL REENTRY PROGRAM AND FEDERAL REENTRY COURT, WHICH WAS ONE OF

THE ONLY COURTS IN THE COUNTRY TO RECOGNIZE AND ADDRESS THE BARRIERS

THAT INDIVIDUALS FACE WHEN THEY ARE NEWLY RELEASED FROM INCARCERATION.

MANY PEOPLE DON'T REALIZE THAT, CERTAINLY THE LAW STUDENTS DIDN'T

UNDERSTAND IT, AND THE PURPOSE OF THE CLASS AND OF THE COURT WAS TO HELP

THE STUDENTS LEARN MORE ABOUT THAT, BUT THEN ALSO HELP THE INDIVIDUALS

WHO WERE NEWLY RELEASED NAVIGATE THOSE BARRIERS. STUDENTS WHO

PARTICIPATED IN THIS -- PARTICIPATED IN THIS PROGRAM WORKED WITH THE

COURT AND WITH JUDGE SCOTT TO ADDRESS SOME OF THOSE BARRIERS AND TO

HELP THEM TURN THE PAGE AND BECOME SUCCESSFUL AFTER THEIR

INCARCERATION.

IN ADDITION TO LEARNING THE LEGAL ISSUES SURROUNDING

THE CLIENT'S PROBLEMS, THE STUDENTS GAINED A DEEPER UNDERSTANDING OF

NYS ASSEMBLY MARCH 3, 2021

OUR CRIMINAL JUSTICE SYSTEM, HOW IT WORKED AND HOW IT OFTEN FAILED.

THEY ALSO GAINED A DEEPER UNDERSTANDING OF OUR MASS INCARCERATION

CRISIS, THE CRISIS THAT WE'RE STILL DEALING WITH TODAY. JUDGE SCOTT

APPROACHED DECISION-MAKING WITH EMPATHY AND COMPASSION, AND HE

HELPED STUDENTS UNDERSTAND THAT, "EVERY PERSON IS MORE THAN THE WORST

THING THAT THEY'VE EVER DONE," TO QUOTE BRYAN STEVENSON.

HIS PASSING LEAVES A VOID IN OUR LEGAL COMMUNITY AND

IN OUR HEARTS. WITH JUDGE SCOTT'S PASSING, WE HAVE NOW LOST THE ONLY

PERSON OF COLOR TO HAVE EVER SERVED ON THE FEDERAL BENCH IN THE

WESTERN DISTRICT OF NEW YORK IN A -- IN ITS HUNDRED YEAR HISTORY. WE

MUST DO BETTER AND -- TO IMPROVE THE DIVERSITY ON THAT COURT. THANK

YOU FOR GIVING ME THIS OPPORTUNITY TO HONOR THIS WONDERFUL MENTOR AND

AMAZING MAN.

ACTING SPEAKER AUBRY: ON THE RESOLUTION --

(PAUSE)

MS. MCMAHON ON THE RESOLUTION.

MS. MCMAHON: THANK YOU, MR. SPEAKER. I WOULD

JUST LIKE TO LEND MY VOICE IN HONORING THE LEGACY OF JUDGE HUGH B.

SCOTT. I'D LIKE TO THANK THE SPONSOR FOR HER RESOLUTION HONORING JUDGE

SCOTT'S LEGACY. I ALSO WORKED WITH JUDGE SCOTT IN THE UNITED STATES

DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK. HE WAS KIND, HE

WAS COMPASSIONATE. HE WAS A FRIEND TO LAWYERS AND -- AND OTHER STAFF

PEOPLE IN THE COURTROOM ALIKE. HE WAS A TRAILBLAZER AND HE WILL BE SO

MISSED BY THE LEGAL COMMUNITY IN WESTERN NEW YORK. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

NYS ASSEMBLY MARCH 3, 2021

MRS. PEOPLES-STOKES ON THE RESOLUTION.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I CERTAINLY WANT TO RISE TO HONOR THE LIFE OF JUDGE HUGH SCOTT,

LIFELONG BUFFALONEAN. UNBEKNOWNST TO ME, HE WAS A STUDENT AT SCHOOL

53 WHILE I WAS A STUDENT AT SCHOOL 31, BUT WE ACTUALLY WERE IN THE

SAME NEIGHBORHOOD A LOT BECAUSE HE LITERALLY LIVED RIGHT NEXT DOOR TO

MY UNCLE JOHN, WHO IS THE REASON WHY MY MOTHER CAME TO BUFFALO, SO

WE HAD TO AT SOME POINT AT LEAST SEE EACH OTHER IN THE NEIGHBORHOOD.

BUT REALLY UNDERSTANDING HIS CAREER AND WHAT HE

PROVIDED TO THE GREAT CITY OF BUFFALO, BEING A JURIST, I -- I DIDN'T REALLY

TRULY UNDERSTAND UNTIL I WAS FULL -- FULLY ADULT WAY PAST THE TIME HE HAD

BECOME A CITY COURT JUDGE IN 1984. MR. SPEAKER, HE LITERALLY HAD A

STELLAR CAREER. THIS WOULD HAVE BEEN THE 47TH YEAR THAT HE AND HIS

BEAUTIFUL WIFE, TRUDY, HAD BEEN MARRIED. HIS HEART, HIS COMPASSION,

HE WAS ONE OF THESE JUDGES WHO WHEN HE SPOKE TO YOU, YOU KNEW HE

WAS TALKING TO YOU NO MATTER WHAT THE TOPIC WAS BECAUSE HE ACTUALLY

WAS LOOKING AT YOU AND YOU COULD SEE A TWINKLE IN HIS EYE. HE WAS NOT

THAT PERSON WHO SPOKE TO YOU FROM A DISTANCE AS IF HE WASN'T PAYING

ATTENTION TO WHAT YOU WERE SAYING.

AND AS MY COLLEAGUE EARLIER MENTIONED, HE STARTED A

REALLY PROFOUND COURT IN THE U.S. COURT SYSTEM WHERE HE ENGAGED

RETURNING CITIZENS IN HIS COURTROOM TO TRY AND HELP THEM IDENTIFY PLACES

WHERE THEY COULD FIND WORK, WHERE THEY COULD FIND HOUSING, OR WHERE

THEY COULD ACTUALLY EVEN REGISTER TO VOTE. HE INVITED MYSELF AND MANY

OTHER ELECTEDS IN TO SPEAK TO THESE RETURNING CITIZENS, TO ALLOW THEM TO

NYS ASSEMBLY MARCH 3, 2021

KNOW THAT YOU HAVE SUPPORT IN THE COMMUNITY TO HELP YOU BEGIN

TURNING YOUR LIFE INTO BEING A PRODUCTIVE CITIZEN. HE CHANGED AND

IMPACTED THE LIFE OF THOUSANDS OF PEOPLE, NOT JUST THROUGH THE COURT

SYSTEMS, BUT EVEN THROUGH THE UNIVERSITY OF BUFFALO'S LAW SCHOOL AS A

MENTOR, AS A PROFESSOR, AND AS A COLLEAGUE. HIS LIFE WILL FOREVER BE

REMEMBERED. HE LEGACY WILL BE FOREVER REMEMBERED. WISDOM AND

WIT, WISDOM AND WIT IS WHAT JUDGE SCOTT ALWAYS BROUGHT TO ANY

ENGAGEMENT HE HAD, WHETHER IT WAS IN THE COURTROOM OR ON THE STREET

CORNER. MR. SPEAKER, I HONOR THE LIFE OF JUDGE HUGH SCOTT.

ACTING SPEAKER AUBRY: THANK YOU.

MS. JOYNER ON THE RESOLUTION.

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

COMMEND THE SPONSOR OF THIS VERY IMPORTANT RESOLUTION. I AM JUST VERY

THANKFUL THAT WE'RE TAKING THE MINUTE -- THE TIME HERE TO HONOR A

WONDERFUL LIFE OF JUDGE HUGH SCOTT. I JUST WANTED TO SPEAK UP FOR HIM

BECAUSE I'VE HAD, YOU KNOW, THE PLEASURE AND THE HONOR TO SERVE AS A

CLERK UNDER HIS LEADERSHIP. YOU KNOW, HE WAS A TRAILBLAZER IN WESTERN

NEW YORK. HIS COURT SERVED VETERANS AND HE REALLY DEDICATED HIS LIFE

TO HELPING VETERANS REBUILD THEIR LIFE AFTER HAVING EXPERIENCE WITH THE

CRIMINAL JUSTICE SYSTEM. AND JUST AS A -- A YOUNG ATTORNEY AS MYSELF,

HE OPENED THE DOORS TO MANY PEOPLE OF COLOR THAT, YOU KNOW, HAD NO

CONNECTION TO THIS LEGAL PROFESSION, BUT HE ALWAYS OPENED HIS DOOR TO

ALLOW THEM TO WORK FOR HIM AND I'M JUST VERY TRULY HONORED TO HAVE

HAD THAT EXPERIENCE. YOU KNOW, HIS -- HIS PERSONAL ADVICE TO ME WAS,

YOU ONLY HAVE, YOU KNOW, YOUR -- YOUR NAME, YOUR REPUTATION AND YOUR

NYS ASSEMBLY MARCH 3, 2021

LEGAL DEGREE AND, YOU KNOW, I'M JUST VERY GRATEFUL TO THE WORDS AND --

AND THE TIME THAT HE SPENT, ESPECIALLY WITH STUDENTS OF COLOR AND I'M

VERY GRATEFUL THAT THE SPONSOR PUT FORTH THIS RESOLUTION. AND I'M

WISHING HIS FAMILY AND -- THEY'RE IN MY THOUGHTS AND PRAYERS. SO,

THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

WE HAVE NUMEROUS OTHER FINE RESOLUTIONS, WE'LL TAKE

THEM UP IN ONE VOTE. ON THESE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY

SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 75, 77, 79,

81-85 WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

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

COULD PLEASE CALL ON MS. HUNTER FOR AN ANNOUNCEMENT.

ACTING SPEAKER AUBRY: MS. HUNTER FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MS. HUNTER: YES, MR. SPEAKER, THANK YOU. THERE

WILL BE AN IMMEDIATE MAJORITY CONFERENCE AT THE CONCLUSION OF OUR

SESSION.

ACTING SPEAKER AUBRY: IMMEDIATE MAJORITY

CONFERENCE AT THE CONCLUSION OF SESSION.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD YOU CALL ON

NYS ASSEMBLY MARCH 3, 2021

MR. NORRIS FOR AN IMPORTANT ANNOUNCEMENT.

ACTING SPEAKER AUBRY: MR. NORRIS FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. NORRIS: THANK YOU, MR. SPEAKER. THERE WILL

BE A MINORITY CONFERENCE TO BE HELD IN TEN MINUTES; IN TEN MINUTES, A

MINORITY CONFERENCE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MINORITY CONFERENCE

IN TEN MINUTES AFTER THE CONCLUSION OF SESSION.

MRS. PEOPLES-STOKES.

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

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., THURSDAY,

MARCH THE 4TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 3:40 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL, THURSDAY, MARCH 4TH, THURSDAY BEING A SESSION DAY.)