FRIDAY, MARCH 5, 2021 10:54 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF THURSDAY, MARCH 4TH.

MRS. PEOPLES-STOKES.

ACTING SPEAKER AUBRY: MR. SPEAKER, I MOVE

NYS ASSEMBLY MARCH 5, 2021

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF THURSDAY,

MARCH THE 4TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. JUST A BRIEF QUOTE BEFORE WE GET STARTED WITH OUR PROCEEDINGS

TODAY. WE'RE HEARING FROM MICHELLE OBAMA, FORMER U.S. -- UNITED

STATES OF AMERICA FIRST LADY. HER WORDS FOR US TODAY IS, DON'T EVER

MAKE A DECISION BASED ON FEAR. MAKE DECISIONS BASED ON HOPE AND

POSSIBILITY. MAKE DECISIONS BASED ON WHAT SHOULD HAPPEN, NOT WHAT

SHOULDN'T HAPPEN. AGAIN, MR. SPEAKER, THAT IS OUR FORMER FIRST LADY,

MICHELLE OBAMA.

MEMBERS DO HAVE ON THEIR DESK A MAIN CALENDAR AND

AT THIS -- A ONE-BILL A-CALENDAR AND AT THIS MOMENT, MR. SPEAKER, I

WOULD LIKE TO MOVE TO ADVANCE THE A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES: SO WE WILL BE TAKING UP

OUR WORK FROM THAT ONE ON TODAY. THAT IS PRETTY MUCH THE EXTENT OF

OUR WORK ON THAT ONE, MR. SPEAKER, AND AFTER ANY HOUSEKEEPING OR

RESOLUTIONS, WE COULD PROCEED WITH THAT A-CALENDAR.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY BILL NO. A05967, RULES

REPORT NO. 33, HEASTIE, ZEBROWSKI, PEOPLES-STOKES, WEINSTEIN,

NYS ASSEMBLY MARCH 5, 2021

GOTTFRIED, NOLAN, GLICK, AUBRY, GALEF, CAHILL, DINOWITZ, CYMBROWITZ,

LAVINE, BENEDETTO, HEVESI, L. ROSENTHAL, STIRPE, THIELE, BRAUNSTEIN,

WEPRIN, BRONSON, QUART, ROZIC, FAHY, BARRETT, PICHARDO, BICHOTTE

HERMELYN, SIMON, JOYNER, WOERNER, BARRON, JEAN-PIERRE, HYNDMAN,

HUNTER, WALLACE, DICKENS, CARROLL, VANEL, TAYLOR, GRIFFIN, FRONTUS,

CRUZ, JACOBSON, KELLES, ANDERSON, LUNSFORD, ZINERMAN, BURGOS, J. D.

RIVERA, SILLITTI, EPSTEIN, WALKER, FALL, RAMOS, DAVILA, LUPARDO,

SEAWRIGHT. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO THE

TERMINATION OF CERTAIN EXECUTIVE POWERS; TO AMEND CHAPTER 23 OF THE

LAWS OF 2020 AMENDING THE EXECUTIVE LAW RELATING TO ISSUING BY THE

GOVERNOR OF ANY DIRECTIVE NECESSARY TO RESPOND TO A STATE DISASTER

EMERGENCY, IN RELATION TO THE EFFECTIVENESS THEREOF; AND PROVIDING FOR

THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: THERE IS AN

AMENDMENT AT THE DESK BY MS. WALSH.

TO BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR

EXAMINES IT, MS. WALSH.

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

FOLLOWING AMENDMENT, WAIVE ITS READING, MOVE FOR ITS IMMEDIATE

ADOPTION AND WILL GO ON TO EXPLAIN IT A BIT NOW.

THE BILL-IN-CHIEF REPEALS PROVISIONS OF CHAPTER 23 OF

THE LAWS OF 2020 TERMINATING THE GOVERNOR'S AUTHORITY TO ISSUE

DIRECTIVES PURSUANT TO SECTION 29-A OF THE EXECUTIVE LAW; HOWEVER,

THE BILL-IN-CHIEF ALSO PROVIDES FOR A PROCESS BY WHICH THE GOVERNOR

MAY EXTEND OR MODIFY EXISTING DIRECTIVES, PROVIDING SUCH DIRECTIVES

NYS ASSEMBLY MARCH 5, 2021

ARE CERTIFIED AS PUBLIC HEALTH DIRECTIVES RELATED TO MANAGING THE

COVID-19 PANDEMIC AND AUTHORIZES THE LEGISLATURE BY CONCURRENT

RESOLUTION TO TERMINATE A STATE OF EMERGENCY DECLARATION PURSUANT TO

SECTION 28 OF THE EXECUTIVE LAW. THIS AMENDMENT WOULD ADD

PROVISIONS OF S-4888, SENATE BILL, BIAGGI, TO THE BILL-IN-CHIEF IN ORDER

TO PROVIDE FOR THE EARLY REVOCATION OF THE EMERGENCY POWERS GRANTED TO

THE GOVERNOR BY CHAPTER 23 OF THE LAWS OF 2020 LAST MARCH.

SPECIFICALLY, THE CHANGES PROVIDED BY THIS AMENDMENT WOULD MODIFY

THE DEFINITION OF "DISASTER" AND REMOVE FROM SECTION 29-A OF THE

EXECUTIVE LAW THE AUTHORITY OF THE GOVERNOR TO ISSUE DIRECTIVES DURING

CERTAIN EMERGENCY SITUATIONS.

THIS AMENDMENT, MR. SPEAKER, IS GERMANE. WE WILL

ALL RECALL THAT THIS HOSTILE AMENDMENT IS BEING PRESENTED FOR THE SIXTH

TIME NOW. WE'RE ALL FAMILIAR WITH THE LANGUAGE OF SENATOR BIAGGI'S BILL

AND THE COMPLETE REPEAL OF THE GOVERNOR'S EXTRAORDINARY EMERGENCY

POWERS. IT IS GERMANE BECAUSE BOTH THE AMENDMENT AND THE

BILL-IN-CHIEF ARE BOTH AIMED AT MODIFYING THE EXPANDED EMERGENCY

POWERS OF THE GOVERNOR UNDER SECTION 29-A OF THE EXECUTIVE LAW.

BOTH THE BILL-IN-CHIEF AND THE AMENDMENT WOULD REVOKE IMMEDIATELY

THE AUTHORITY GRANTED TO THE GOVERNOR BY CHAPTER 23 OF THE LAWS OF

2020 PERMITTING HIM TO ISSUE DIRECTIVES RELATED TO THE COVID-19

PANDEMIC. THE BILL-IN-CHIEF PROVIDES FOR A PROCESS BY WHICH EXISTING

DIRECTIVES ISSUED BY THE GOVERNOR CAN BE CONTINUED AND MODIFIED

GOING FORWARD, WHILE THE PROPOSED AMENDMENT SEEKS TO END THE

PRACTICE OF GUBERNATORIAL-ISSUED DIRECTIVES ALTOGETHER BY ALLOWING

NYS ASSEMBLY MARCH 5, 2021

EXISTING DIRECTIVES TO EXPIRE; THEREFORE, BOTH THE AMENDMENT AND THE

BILL-IN-CHIEF HAVE TO DO WITH THE APPROPRIATE SCOPE OF THE GOVERNOR'S

POWERS AND HIS ABILITY TO ISSUE DIRECTIVES IN THE MIDST OF THIS

COVID-19 PANDEMIC OR STATE OF EMERGENCY.

ACTING SPEAKER AUBRY: CERTAINLY, MS.

WALSH, YOU HAVE FINALLY FOUND A BILL TO ATTACH IT TO THAT MAKES IT

GERMANE. SO, WE RULE THAT THE CHAIR HAS EXAMINED YOUR AMENDMENT

AND FOUND IT TO BE GERMANE TO THE BILL BEFORE THE HOUSE.

ON THE AMENDMENT.

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

TIME, APPARENTLY, IS THE CHARM, SO...

HERE IS WHY WE ARE SO PERSISTENT AND CONTINUING TO

PUSH AND PUSH AND PUSH TO TRY TO ATTACH THIS AMENDMENT FOR A COMPLETE

REPEAL OF THE GOVERNOR'S AUTHORITY AND EXTRAORDINARY EMERGENCY

POWERS WHICH HE HAS HAD FOR THE PAST YEAR. I WAS THINKING ABOUT WHAT

I WAS GOING TO SAY THIS MORNING AND REALLY WHAT IT COMES DOWN TO IN

MY MIND IS VERY SIMPLY, TRUST. TRUST. TRUST IN OUR ELECTED OFFICIALS.

TRUST THAT WE HAVE AS A COEQUAL BRANCH OF GOVERNMENT WITH THE

EXECUTIVE BRANCH, DO WE TRUST THAT THE GOVERNOR WILL USE OR MISUSE

THE EMERGENCY POWERS THAT HE HAS BEEN GRANTED BY THE BILL THAT WAS

PASSED LAST MARCH.

I THINK THAT AS WE HAVE GONE THROUGH THE PAST YEAR,

WHAT STARTED AS A VERY HOPEFUL FEELING THAT I HAD, THE GOVERNOR HOLDING

NUMEROUS PRESS CONFERENCES WHEN IN THE PAST HIS REPUTATION WAS SUCH

THAT HE DID NOT NORMALLY MEET ROUTINELY WITH THE PRESS. HE WAS -- IT

NYS ASSEMBLY MARCH 5, 2021

SEEMED LIKE HE WAS REALLY TRYING TO GET OUT THERE AND -- AND SPEAK TO

THE PUBLIC AND INFORM US AND COMFORT US AND SHOW US A PATH FORWARD

THROUGH THIS PANDEMIC. AND IT WAS SOMETHING THAT WAS WELCOME, AND

IT WAS LEADERSHIP THAT WAS NEEDED.

AS WE HAVE GONE THROUGH THOUGH, THIS LAST YEAR,

THINGS HAVE CHANGED. A LOT HAS CHANGED. THANKFULLY THE DEATHS AND

HOSPITALIZATIONS AND COVID INFECTION RATE HAS DECREASED. THAT ALONE

WOULD INDICATE THAT HAVING THE GOVERNOR MAINTAIN THE LEVEL OF

AUTHORITY AND ONE PERSON HAVING THAT MUCH POWER IS NOT NECESSARY

ANYMORE. IT IS TIME, AS WE'VE SAID TIME AND TIME AGAIN, TO RETURN TO THE

REGULAR ORDER OF BUSINESS WHERE THE LEGISLATURE, INSTEAD OF ABDICATING

ITS RESPONSIBILITIES TO ACT AS A COEQUAL BRANCH OF GOVERNMENT, COMES

BACK IN FINALLY AND SAYS, NOW, NOW, WE ARE GOING TO STEP FORWARD, WE

ARE GOING TO PROVIDE A NECESSARY CHECK ON THE PREVIOUSLY UNCHECKED

POWER OF THIS GOVERNOR, AND WE ARE GOING TO EXAMINE THIS CRISIS, WE

ARE GOING TO MAKE APPROPRIATE RULES AND REGULATIONS AND BILLS AS WE

SEE FIT TO CONTINUE TO MANAGE THIS CRISIS.

TRUST, RIGHT? WHAT HAS HAPPENED IN THE LAST YEAR TO

MAKE US WORRY AND NOT TRUST THE GOVERNOR ANYMORE? WELL, I WILL SAY

THAT I DIDN'T SLEEP VERY WELL LAST NIGHT BECAUSE LAST NIGHT THE WALL

STREET JOURNAL AND THE NEW YORK TIMES REPORTED THAT - I WANT TO GET

THIS IN FRONT OF ME - THE NEW YORK TIMES AND THE WALL STREET JOURNAL

LAST NIGHT REPORTED THAT TOP AIDES TO GOVERNOR CUOMO REWROTE A REPORT

WRITTEN BY STATE HEALTH OFFICIALS LAST JUNE TO HIDE HOW MANY NURSING

HOME RESIDENTS OF NEW YORK HAD DIED IN THE PANDEMIC. THEY HID IT.

NYS ASSEMBLY MARCH 5, 2021

THEY COVERED IT UP. THEY WENT TO GREAT LENGTHS TO CONTROL THE NARRATIVE

FOR THE GOVERNOR. THIS SHOWS ME TWO THINGS: THAT THE GOVERNOR AND

HIS ADMINISTRATION ARE MORE CONCERNED ABOUT IMAGE THAN TRUTH.

PERCEPTION IS MORE IMPORTANT THAN PEOPLE'S LIVES. AND IT SHOWED ME

THAT THE DOH, THE DEPARTMENT OF HEALTH, IS TOO WEAK TO STAND UP TO THE

GOVERNOR. MAYBE THERE WERE PEOPLE AT DOH IN THE PAST WHO HAD A

BACKBONE, BUT WE KNOW THAT A BUNCH OF THEM HAVE WALKED OUT

RECENTLY. WHY THEN SHOULD WE, AS IT STATES IN THE BILL-IN-CHIEF, GIVE

SOLE DISCRETION TO THE DEPARTMENT OF HEALTH'S COMMISSIONER, HOWARD

ZUCKER, ABOUT ANYTHING? DR. ZUCKER WON'T BE DECIDING WHETHER OR NOT

A PARTICULAR DIRECTIVE GETS TO REMAIN IN THE GOVERNOR'S CONTROL.

CLEARLY, THE GOVERNOR WILL.

I NO LONGER TRUST, IF I EVER DID, REALLY, THAT THE

GOVERNOR WILL HANDLE THESE EXTRAORDINARY POWERS WELL WITH

RESPONSIBILITY AND WITH RESPECT TO THE LEGISLATURE AS A COEQUAL BRANCH

OF GOVERNMENT. I AM DEEPLY, DEEPLY DISAPPOINTED, AND I BELIEVE THAT IT

IS ONLY BY COMPLETELY REPEALING THE GOVERNOR'S POWERS THAT WE CAN

RIGHT THIS SITUATION AND RIGHT THIS SHIP OF GOVERNMENT. FOR THOSE

REASONS, I BELIEVE THAT WE MUST COMPLETELY REPEAL, AS THE HOSTILE

AMENDMENT INDICATES, THE GOVERNOR'S EXTRAORDINARY EXECUTIVE POWERS.

THANK YOU.

ACTING SPEAKER AUBRY: MR. RA ON THE

AMENDMENT.

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

AMENDMENT. AND MY -- MY COLLEAGUE JUST DID AN EXCELLENT JOB

NYS ASSEMBLY MARCH 5, 2021

OUTLINING WHY WE BELIEVE THIS IS IMPORTANT, WHY WE THINK THIS SHOULD

BE THE BILL THAT'S BEFORE THE HOUSE TODAY. BUT -- BUT I WANT TO FURTHER

CONTRAST THIS AMENDMENT WITH THE BILL-IN-CHIEF, AND I WANT TO REMIND

ALL OF MY COLLEAGUES THAT, YOU KNOW, THERE'S NEWS REPORTS EVERYWHERE,

PEOPLE HAVE SEEN, I'VE TALKED TO PEOPLE BACK IN THE DISTRICT, THIS IS

GREAT, THIS IS HAPPENING, THEY'RE TAKING AWAY HIS POWERS, AND THEN

THEY'RE GOING TO HEAR TODAY HIS EMERGENCY POWERS WERE REMOVED. AND

I ASK MY COLLEAGUES, WHAT ARE YOU GOING TO SAY WHEN THE LOCAL GYM

OWNER CALLS YOU TOMORROW AND SAYS, DOES THIS MEAN I CAN STAY OPEN

PAST 11:00? AND YOUR ANSWER IS GOING TO BE NO. OR WHEN THE LOCAL

BAR OWNER CALLS YOU AND SAYS, DOES THIS MEAN SOMEBODY CAN STOP IN

AND HAVE A BEER AND I DON'T HAVE TO GO THROUGH THE FARCE OF GIVING

THEM A $2 TURKEY SLIDER? THEY'RE GOING TO SAY, NO. DOES THIS MEAN

THAT I CAN OPEN MY BUSINESS WITH -- WITH MORE CAPACITY? NO.

SO FOR THOSE BUSINESS OWNERS IN OUR STATE AND FOR SO

MANY PEOPLE, THIS ISN'T GOING TO CHANGE ANYTHING. AND IT'S EASY TO SELL

SOMETHING AS SOMETHING IT'S NOT ON SO MANY OF THE ISSUES WE -- WE DO

UP HERE BECAUSE YOU DON'T NECESSARILY SEE THE IMPACT IN YOUR EVERYDAY

LIFE, BUT THAT'S NOT THE CASE HERE. THEY'RE GOING TO SEE WHETHER IT HAS

ANY IMPACT ON THEM, AND IF WE VOTE DOWN THIS, WHICH WOULD ALLOW ALL

THOSE ORDERS TO BASICALLY DIE THEIR NATURAL DEATH ONCE -- ONCE THEY

EXPIRE, OR WE PASS THE BILL-IN-CHIEF WHICH NOT ONLY WILL ALLOW THE

CONTINUING MODIFICATION OF THOSE ORDERS, BUT WILL ALLOW -- WHAT WILL

DIRECTLY EXTEND EVERY SINGLE ONE OF THOSE DIRECTIVES, BY THE WAY. JUST

SO YOU'RE AWARE. SO ANY OF THE RESTAURANT RESTRICTIONS, I BELIEVE THE --

NYS ASSEMBLY MARCH 5, 2021

THE RESTAURANT RESTRICTIONS ON, YOU KNOW, WITH THE FOOD AND -- AND THE

CURFEW TIME AND ALL OF THAT EXPIRE RIGHT NOW MARCH 16TH. WHEN THIS

BILL BECOMES LAW, IT'LL GO OUT ANOTHER 30 DAYS FROM THERE, BEFORE THE

GOVERNOR EVEN HAS TO DO ANY OF THIS PROCESS AND GIVE US THE FIVE DAYS'

NOTICE BEFORE -- BEFORE THEY DO ANYTHING.

ONE OF THE OTHER THINGS THIS -- THIS BILL-IN-CHIEF

REQUIRES, PUBLIC HEALTH DIRECTIVE RELATED TO THE -- MANAGING THE

COVID-19 PANDEMIC MEANS A DIRECTIVE CERTIFIED IN THE SOLE DISCRETION

OF THE COMMISSIONER OF HEALTH TO ADDRESS THE SPREAD AND/OR REDUCTION

OF THE COVID-19 VIRUS. GREAT. EVERYBODY IN THE STATE TRUSTS THE

HEALTH COMMISSIONER RIGHT NOW TO DO THE RIGHT THING, RIGHT? THERE'S

NO REASON TO QUESTION THAT. WE FOUND OUT LAST NIGHT IN THIS REPORT --

AND REALLY, PEOPLE ARE REACTING TO THAT AS -- AS IF IT'S NEWS, WE ALL KNEW

THAT. THAT WAS IN PLAIN SIGHT THAT THEY WERE -- THEY WERE CHANGING

THINGS. THEY WERE DOING IT SO THEY WOULD LOOK BETTER BECAUSE WE HAD

A GOVERNOR WHO WAS BEING CELEBRATED ALL OVER THE COUNTRY. HE WAS

WRITING A BOOK. HE WAS THE ANTI-DONALD TRUMP AND EVERYTHING ELSE.

AND THEY FALSIFIED INFORMATION. THE ACTIONS THAT HAVE BEEN TAKEN JUST

ON THE NURSING HOME ISSUE WOULD BE ENOUGH FOR A CEO OF A PRIVATE

COMPANY TO BE FIRED; THE BILL-IN-CHIEF, INSTEAD, GIVES HIM A CONTRACT

EXTENSION. THE SEXUAL HARASSMENT ALLEGATIONS WOULD BE ENOUGH FOR THE

CEO OF A COMPANY TO BE FIRED; THE BILL-IN-CHIEF GIVES THE GOVERNOR A

CONTRACT EXTENSION.

SO IF WE WERE TO DO THIS CLEAN REPEAL BILL, WE'D BE AT A

POINT THAT OUR CONSTITUENTS WOULD ACTUALLY SEE THE RESULTS OF THAT ACTION.

NYS ASSEMBLY MARCH 5, 2021

THEY'RE NOT GOING TO UNDER THE BILL-IN-CHIEF. AND, UNFORTUNATELY, YOU

KNOW, ONE OF THE MESSAGING PIECES OUT THERE IS, THERE'S NO -- NO ABILITY

FOR NEW DIRECTIVES. WELL, I CHALLENGE SOMEBODY, PLEASE, ANYBODY ON

THE OTHER SIDE OF THE AISLE, IF YOU WANT YOU CAN BRING IT UP IN THE FLOOR

DEBATE, FIND ME SOME ASPECT OF OUR LIVES THAT THERE'S NOT CURRENTLY A

DIRECTIVE THAT IMPACTS. SO THE GOVERNOR, UNDER THESE POWERS, IS GOING

TO BE ABLE TO GET AT DOING ANYTHING HE WANTS TO DO. AND IT'S GOING TO BE

EASY FOR HIM TO DO SO UNDER THE PROVISIONS, THERE'S JUST GOING TO BE A

NOTICE REQUIREMENT. SO A COUPLE OF DAYS BEFORE YOU'RE GOING TO TELL A

FEW HANDPICKED PEOPLE WHAT THEY'RE DOING. NOT ALL OF US, A FEW

HANDPICKED PEOPLE.

AND THE -- THE LAST THING I WANT TO NOTE IS WHEN WE

FIRST ADOPTED THESE EMERGENCY POWERS, AND I -- I THINK THAT WAS A TOUGH

VOTE FOR A LOT OF US BECAUSE IT WAS ATTACHED TO THE $40 MILLION THAT

NEEDED TO BE ALLOCATED TO RAMP UP OUR ABILITY TO TEST AND, YOU KNOW,

WE HAD GOTTEN A REALLY RUSHED BRIEFING FROM -- FROM COMMISSIONER

ZUCKER, BUT WE HAD TO DEAL WITH THERE'S THIS GLOBAL PANDEMIC THAT'S

DEVELOPING AND WE HAD TO DEAL WITH IF WE VOTED AGAINST IT, DID YOU

VOTE AGAINST PROVIDING FUNDING TO ADDRESS A COMING HEALTH CRISIS. AND

NOBODY WANTED TO BE IN THAT -- THAT -- THAT POSITION. SO IT WAS A

DIFFICULT VOTE. I DON'T THINK, REALLY, ANYBODY WOULD HAVE VOTED FOR THAT

BILL IF IT WAS JUST GIVING THE GOVERNOR THOSE POWERS. I THINK WE HAD

EVERY REASON TO QUESTION WHETHER THEY WOULD BE WIELDED PROPERLY, AND

THEY HAVE NOT BEEN WIELDED PROPERLY. AND -- AND WE ALSO DIDN'T KNOW

WHETHER THEY WE WERE GOING TO BE ABLE TO MEET AS A LEGISLATURE. I

NYS ASSEMBLY MARCH 5, 2021

DIDN'T KNOW WHAT ZOOM WAS THE NIGHT WE VOTED ON THAT BILL. NOW WE

CONDUCT MEETINGS ON IT, WE DO OUR COMMITTEE MEETINGS ON IT, WE'VE

HAD OUR BUDGET HEARINGS ON IT, WE HAVE SESSION ON IT. SO THE

LEGISLATURE HAS THE ABILITY TO ACT. MANY OF MY COLLEAGUES ARE HERE IN

ALBANY BUT ARE DOING SESSION FROM THEIR OFFICES, MANY ARE HOME DOING

SESSION, MANY ARE IN THEIR DISTRICT OFFICES DOING SESSION. THE NEED FOR

THE POWERS IS GONE. WE CAN TAKE ACTION AND WE CAN LEGISLATE, WHICH IS

THE SOLE RESPONSIBILITY OF THE LEGISLATURE UNDER OUR STATE CONSTITUTION.

THAT'S WHO HAS THE AUTHORITY TO LEGISLATE.

SO WHAT ARE WE DOING TODAY IF WE REJECT THIS

AMENDMENT? IT'LL BE SOLD AS A REPEAL, BUT OUR CONSTITUENTS AREN'T GOING

TO SEE IT THAT WAY WHEN IT DOESN'T RESULT IN ANYTHING FOR THEM, AND WE

WILL CONTINUE TO ABDICATE OUR LEGISLATIVE RESPONSIBILITY TO AN EXECUTIVE

WHO IS EMBROILED IN SCANDAL AND -- AND I'LL ASK ONE OTHER QUESTION

SINCE SO MANY COLLEAGUES MORE AND MORE EVERY DAY ARE CALLING FOR THE

GOVERNOR'S RESIGNATION. IF YOU THINK THE GOVERNOR SHOULD RESIGN, HOW

DO YOU JUSTIFY INDEFINITELY EXTENDING HIS EMERGENCY POWERS? SO I

KNOW IT WOULD BE UNPRECEDENTED, PERHAPS, CERTAINLY IN THE TIME THAT

I'M HERE TO ADOPT THIS -- THIS AMENDMENT, BUT YOU ALL KNOW IT'S THE RIGHT

THING TO DO. SO I WOULD URGE YOU TO VOTE FOR THIS AMENDMENT. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER. I'VE BEEN

WAITING FOR THIS OPPORTUNITY.

LET ME START BY READING THE GOVERNOR'S COMMENTS THE

NYS ASSEMBLY MARCH 5, 2021

OTHER DAYS IN HIS PRESS CONFERENCE: ON THE COVID EMERGENCY POWERS,

WE WORKED WITH THE LEGISLATURE. WE HAVE AN AGREEMENT ON A BILL

WHERE THE LEGISLATURE CAN REPEAL ANY EXECUTIVE ORDER THAT I ISSUE

WITH OVER 50 PERCENT IN BOTH HOUSES WHEN THE COVID EMERGENCY

POWERS CONTINUE PAST APRIL 30TH. WHEN WE FIRST DID THIS, WE THOUGHT

THE PANDEMIC WOULD BE OVER BY APRIL 30TH. THIS IS A YEAR AGO. WE

SAID ABOUT A YEAR. AT THAT TIME, IT WAS IMPLAUSIBLE TO THINK IT WAS

GOING TO GO BEYOND A YEAR. IT'S GONE BEYOND A YEAR AND IT'S NOT GOING

TO END BY APRIL 30TH SO WE'RE GOING TO EXTEND. THE LEGISLATION EXTENDS

THE EMERGENCY POWER TO THE POINT WHERE THE FEDERAL GOVERNMENT

DECLARES AN END TO THE PANDEMIC, WHICH THE FEDERAL GOVERNMENT DOES,

IT CONTROLS THE FUNDS. WE HAVE MORE TIME IN THIS SITUATION BY AND

LARGE, WE'LL GIVE THE LEGISLATURE NOTICE ANY CHANGES THAT WE'RE MAKING

PRIOR, FIVE DAYS PRIOR, TO EFFECT IF IT'S AN EMERGENCY CHANGE AS

DETERMINED BY THE DEPARTMENT OF HEALTH, THEN IT WILL BE A SHORT PERIOD

OF TIME.

SO WHICH IS IT? IS HE LYING OR IS THIS BODY LYING? THE

SPEAKER PUT OUT FIVE FACTS: FACT #1: "THE LEGISLATION IMMEDIATELY

REPEALS THE GOVERNOR'S EXPANDED EMERGENCY POWERS AND HE CANNOT

ISSUE ANY NEW DIRECTIVES MOVING FORWARD." FOLKS, THE ISSUE ISN'T NEW

DIRECTIVES. WE'VE BEEN LIVING UNDER THESE DIRECTIVES FOR AN ENTIRE YEAR.

HAVE YOU SEEN WHAT HE'S DONE TO OUR STATE? THE BUSINESS OWNERS WHO

HAVE HAD THEIR LIFE SAVINGS TAKEN FROM THEM, THEIR BUSINESSES

DESTROYED, UNEMPLOYMENT THROUGH THE ROOF. THIS ISN'T ABOUT NEW

DIRECTIVES, THIS IS ABOUT THE EXISTING DIRECTIVES, HUNDREDS OF THEM THAT

NYS ASSEMBLY MARCH 5, 2021

HE HAS ISSUED. FACT #2: "THE GOVERNOR MUST JUSTIFY TO THE LEGISLATURE

THE EXTENSION OR MODIFICATION OF ANY EXISTING DIRECTIVES EVERY 30

DAYS." LET'S BE REAL, BASED ON YOUR LEGISLATION, THIS IS NOTHING MORE

THAN NOTIFICATION TO THE DEMOCRATIC MAJORITY CONFERENCE, THE CHAIRS OF

THE RELEVANT COMMITTEES, THE SPEAKER, THE MAJORITY LEADER. THAT'S IT.

NONE OF US RANK AND FILE MEMBERS GET NOTIFIED. IT'S AT YOUR DISCRETION

WHETHER WE GET NOTIFIED. HE'LL ACCEPT COMMENTS? ARE YOU KIDDING

ME! COMMENTS? WE'VE ALL BEEN COMMENTING FOR A YEAR. FACT #3:

"THE LEGISLATURE CAN BY A SIMPLE MAJORITY VOTE REPEAL ANY EXECUTIVE

ORDER AT ANY TIME." FOLKS, IN THE ORIGINAL BILL YOU ALREADY HAD THAT

ABILITY. WHAT'S NEW? YOU DIDN'T UTILIZE IT FOR AN ENTIRE YEAR. FACT #4:

"THE BILL ALLOWS THE LEGISLATURE TO UNDO THE STATE OF EMERGENCY."

OKAY. THAT'S NICE. ARE ANY OF YOU GOING TO VOTE TO UNDO THE STATE OF

EMERGENCY BY APRIL 30TH? I DOUBT IT. FACT #5: "WE DID NOT NEGOTIATE

THIS BILL WITH THE GOVERNOR." WELL, THE GOVERNOR SAID, "ON THE

COVID EMERGENCY POWERS, WE'VE WORKED WITH THE LEGISLATURE." HE

DIDN'T SAY "I," HE SAID, "WE'VE," MEANING HIS ADMINISTRATION. THE

SPEAKER SAYS WE DID NOT NEGOTIATE THIS BILL WITH THE GOVERNOR.

WELL, YOU KNOW WHAT? YOUR FACTS ACTUALLY ADD UP.

SO WHO DID NEGOTIATE THE BILL? WHO ON THE SECOND FLOOR OR IN THE

DEPARTMENT OF HEALTH WAS INVOLVED IN THIS NEGOTIATION? BECAUSE

WHAT'S ABUNDANTLY CLEAR IS THAT THIS IS NOT A REPEAL, THIS IS AN EXTENSION

OF THE GOVERNOR'S EMERGENCY POWERS AND YOU SAY, OH, HE CAN'T ISSUE

NEW DIRECTIVES. FOLKS, HE'S ISSUED HUNDREDS ALREADY THAT ARE IN EFFECT.

THEY'RE CURRENTLY SET TO EXPIRE ON MARCH 28TH. IF YOU PASS OUR

NYS ASSEMBLY MARCH 5, 2021

AMENDMENT, THEY WILL EXPIRE ON MARCH 28TH. IF WE DO NOTHING, HIS

EXECUTIVE POWERS WILL EXPIRE ON APRIL 30TH. IF WE PASS YOUR BILL, HIS

EXECUTIVE POWERS ARE GOING TO GO INTO AFFINITY, UNTIL THE END OF THIS

STATE OF EMERGENCY. SO LET'S BE CLEAR ABOUT WHAT THIS BILL ACTUALLY DOES

AND STOP PUTTING LIPSTICK ON A PIG.

HOWARD ZUCKER, IN THIS BILL, WE ARE SAYING THAT THESE

DIRECTIVES ARE AT THE SOLE DISCRETION OF THE COMMISSIONER OF HEALTH,

THAT THESE PUBLIC HEALTH DIRECTIVES ARE CERTIFIED AT HIS SOLE DISCRETION.

OKAY. LET'S TALK ABOUT HIS SOLE DISCRETION. HE ISSUED A PUBLIC HEALTH

DIRECTIVE ON MARCH 25TH SENDING COVID-POSITIVE PATIENTS INTO NURSING

HOMES. THE NURSING HOMES HAD TO ACCEPT THEM. THEY COULDN'T CHECK

THEIR TEMPERATURE, THEY COULDN'T TEST THEM FOR WHETHER OR NOT THEY HAD

COVID. SEVERAL DAYS LATER, THEY GRANTED THESE NURSING HOMES

IMMUNITY. WHY? WHY WOULD YOU EVER DO THAT? WHY? BECAUSE YOU

KNEW THAT BY SENDING COVID-POSITIVE PATIENTS INTO NURSING HOMES

WHERE OUR MOST VULNERABLE RESIDENTS LIVE, THAT THE LIKELIHOOD OF DEATH

INCREASED TEN-FOLD. AND AS THE NUMBERS, WHEN THEY WERE FINALLY

RELEASED NEARLY A YEAR LATER, WHEN THEY FINALLY CAME OUT IT WAS OBVIOUS

THAT THAT'S EXACTLY WHAT HAPPENED. THE AP REPORTED IN MAY OF LAST

YEAR THAT THE STATE UNDERCOUNTED COVID DEATHS BY ALMOST 50 PERCENT.

THE DEPARTMENT OF HEALTH, AT THE DIRECTION OF THE GOVERNOR, WAS GOING

TO INVESTIGATE THEMSELVES. YOU KNOW, THE SAME WAY THAT THE GOVERNOR

WAS GOING TO HAVE SOMEBODY INVESTIGATE THE SEXUAL HARASSMENT CLAIMS

AGAINST HIM.

DO YOU SEE THE PICTURE? DO YOU SEE WHAT'S GOING ON

NYS ASSEMBLY MARCH 5, 2021

HERE? THIS GUY DIRECTED THE DEPARTMENT OF HEALTH TO COVER UP BY 50

PERCENT THE TOTAL NUMBER OF DEATHS IN NURSING HOMES. IT IS CRIMINAL.

IT'S NOT JUST EMBARRASSING, IT'S NOT JUST A SAD EPISODE, IT IS CRIMINAL.

AND HERE TODAY WE ARE LOOKING TO EXTEND HIS AUTHORITY AND WE'RE

LOOKING TO EXTEND THE AUTHORITY OF HOWARD ZUCKER? THE NEW YORK

TIMES AND THE WALL STREET JOURNAL REPORTED LAST NIGHT, LAST NIGHT, THAT

MELISSA DEROSA, LINDA LACEWELL, JIM MALATRAS DIRECTED THE

DEPARTMENT OF HEALTH TO WHITEWASH THEIR REPORT, TO SCRUB IT OF ANY

EVIDENCE THAT PEOPLE WHO DIED OF COVID IN HOSPITALS COMING FROM

NURSING HOMES WERE CONNECTED IN ANY WAY. THAT WE ARE GOING TO NOW

SAY HOWARD ZUCKER IN HIS SOLE DISCRETION IS IN CONTROL IS LAUGHABLE.

HOWARD ZUCKER SHOULD TENDER HIS RESIGNATION TODAY, AS SHOULD MELISSA

DEROSA, LINDA LACEWELL, AND JIM MALATRAS. THEY ENGAGED IN A

COORDINATED, CRIMINAL CONSPIRACY TO OBSTRUCT JUSTICE AND THEY HAVE NO

BUSINESS SERVING THE PEOPLE OF THE STATE OF NEW YORK.

MY COLLEAGUES HAVE CALLED FOR THE GOVERNOR TO RESIGN.

SOME OF US CALLED FOR IT BASED ON THE NURSING HOME SCANDAL. WHEN

REPORTS CAME OUT THAT HE WAS BEING ACCUSED OF PREDATORY SEXUAL

BEHAVIOR, MANY OF MY COLLEAGUES AGAIN ISSUED CALLS FOR HIM TO RESIGN.

WHEN THE GOVERNOR DID NOT DENY ONE OF THE ALLEGATIONS AND, IN FACT,

TRIED TO COVER IT UP BY HAVING A, QUOTE, "INDEPENDENT INVESTIGATION,"

MANY OF MY COLLEAGUES ONCE AGAIN CALLED ON HIM TO RESIGN. IF YOU

BELIEVE HE NEEDS TO RESIGN, WHY THEN WOULD WE CONTINUE TO GIVE HIM

EXTRAORDINARY EMERGENCY POWERS? IF IT IS CLEAR THAT HE HAS ABUSED HIS

OFFICE, WE SHOULD NOT ALLOW THAT TO PERSIST.

NYS ASSEMBLY MARCH 5, 2021

I AM IMPLORING ALL OF MY COLLEAGUES, MANY OF WHOM

WE DISAGREE ON A -- ON A BROAD SWATH OF ISSUES, AND THAT'S FINE, THAT'S

WHY WE'RE ALL HERE, BUT WE'RE NOT POTTED PLANTS AND WE'RE NOT HERE TO

CARRY WATER FOR OUR LEGISLATIVE LEADERS. WE'RE HERE TO REPRESENT THE

PEOPLE WHO SENT US HERE. THEY WANT ACTION. THE BUSINESS OWNERS,

THOSE WHO OWN BOWLING ALLEYS, THOSE WHO OWN RESTAURANTS, THOSE WHO

OWN MOVIE THEATERS, THOSE WHO OPERATE THE BUSINESSES THAT DRIVE OUR

ECONOMIES, THAT EMPLOY OUR RESIDENTS, THEY WANT US TO ACT. THEY WANT

US TO REMOVE HIS EMERGENCY POWERS TODAY, RIGHT NOW, NOT IN 30 DAYS

FROM NOW, NOT IN TWO MONTHS FROM NOW, THEY WANT IT NOW. AND JUST SO

WE'RE CLEAR, IF WE DID REMOVE HIS POWERS, WHAT WOULD HAPPEN? WHAT

WOULD HAPPEN IS WE'D RETURN TO REGULAR ORDER. WE WOULD ACTUALLY GET

TO DO THE JOB WE WERE SENT HERE TO DO. IF THERE'S A DIRECTIVE THAT NEEDS

TO BE PASSED INTO LAW, WE CAN DO THAT. AND CONSIDERING THAT WE ARE

OPERATING VIA ZOOM, AND MANY OF OUR MEMBERS OPERATE FROM THE -- THE

COMFORT OF THEIR HOME, IT'S CLEAR IT'S NOT AN ISSUE OF BEING ABLE TO GET US

ALL TOGETHER RIGHT AWAY TO DEAL WITH THE ISSUES.

SO LET'S DO WHAT IS RIGHT, LET'S DO WHAT IS FAIR, AND LET'S

DO WHAT IS JUST AND REPEAL ONCE AND FOR ALL IN FULL, NO GIMMICKS, NO

FALSE STATEMENTS ABOUT WHAT THIS BILL ACTUALLY DOES, LET'S REPEAL IT IN FULL.

I URGE ALL OF MY COLLEAGUES TO SUPPORT THIS AMENDMENT AND I THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. REILLY.

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

TALK ON THE AMENDMENT, AND I'M HOPING THAT MY COLLEAGUES ON BOTH

NYS ASSEMBLY MARCH 5, 2021

SIDE OF THE AISLE WILL SUPPORT IT. NOW, SOME OF MY COLLEAGUES BEFORE

ME HAVE LAID OUT A GREAT DEAL OF INFORMATION THAT I THINK WE ALL NEED TO

ABSORB. ONE SPECIFICALLY WAS ABOUT A CONTRACT. WE ARE ACTUALLY

GIVING, AND I AGREE WITH THEM, WE ARE GIVING THE GOVERNOR A CONTRACT.

WE'RE GIVING HIM A CONTRACT TO KEEP PUTTING OUT THESE ORDERS DAY IN

AND DAY OUT. WE HAD A CONTRACT LIKE THAT IN NEW YORK CITY. AS A MET

FAN, I REMEMBER IT ALL TOO WELL. JULY 1ST, BOBBY BONILLA DAY. WE ARE

PAYING EVERY YEAR BECAUSE THAT CONTINUES. MARCH 5TH, IF THE

BILL-IN-CHIEF PASSES, WILL BE KNOWN AS ANDREW CUOMO DAY, BECAUSE

YOU WILL BE ALLOWING HIM TO MOVE FORWARD WITH THESE EXECUTIVE

ORDERS THAT HE HAS ISSUED INDEFINITELY.

WE TALK ABOUT THE BILL-IN-CHIEF SAYING THAT IF HE

CONSULTS WITH THE CHAIRS OF THE COMMITTEES THAT ARE IN QUESTION IN

REGARDS TO EXECUTIVE ORDERS. WELL, I'VE GOT NEWS FOR YOU, THE

GOVERNOR'S OFFICE DID TALK TO CHAIRS OF COMMITTEES, BELIEVE IT OR NOT,

THAT WAS IN A ZOOM AND I THINK WE ALL REMEMBER THAT, BECAUSE THAT'S

WHY WE ARE HERE TODAY. BECAUSE OF THAT ZOOM CALL, THAT CONSULTATION

WOULD NOT HAVE BEEN PUBLIC AND WE WOULDN'T EVEN BE TALKING ABOUT

THIS TAKING AWAY EMERGENCY POWERS. ONLY BECAUSE SOMEONE WHO WAS

ON THE CALL WHO WAS A LEGISLATOR LET THAT COME OUT. THINK ABOUT THAT.

WE ARE GOING TO CODIFY IN THE BILL-IN-CHIEF THAT HE JUST HAS TO CONSULT

WITH THE CHAIRS. IF WE DON'T HAVE ANY RECORDING OF THAT MEETING, WHAT

DO WE KNOW WAS SAID? WHAT DO WE KNOW IS BEHIND THE REASONING FOR

EXTENDING THOSE?

SO MY OTHER COLLEAGUE SPOKE ABOUT IT AND HE LAID OUT

NYS ASSEMBLY MARCH 5, 2021

A PERFECT IDEA, LET'S DO OUR JOB. IF WE KNOW THAT THERE IS A DIRECTIVE THAT

SHOULD CONTINUE, THEN WE CAN CONTINUE IT. BUT, NO, WE'RE LOOKING TO

ABDICATE OUR RESPONSIBILITIES TO THE GOVERNOR ONCE AGAIN. I CAN'T HELP

BUT KEEP TALKING ABOUT THAT MARCH 2ND, 2020 NIGHT WHEN I SAID HAVE

THE GOVERNOR GIVE US A 30-DAY REPORT, EVERY 30 DAYS. IRONICALLY, YOU

PUT IT INTO THIS NEW BILL-IN-CHIEF. WE'RE A DAY LATE AND A DOLLAR SHORT.

IT'S TIME FOR US TO STOP PLAYING CATCH UP AND IT'S TIME FOR US TO ACTUALLY

TAKE THE LEAD, TAKE THE HORSE BY THE REINS AND ACTUALLY MAKE DECISIONS

THAT IMPACT OUR CONSTITUENTS. LET'S NOT HAVE ANDREW CUOMO DAY AS

MARCH 5TH. AS A MET FAN, LIKE I SAID, JULY 1ST LIVES IN INFAMY WITH ME.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. WALCZYK.

MR. WALCZYK: THANK YOU, MR. SPEAKER, ON THIS

EXCELLENT AMENDMENT, AND I APPRECIATE MY COLLEAGUE BRINGING IT

FORWARD. WE'RE GOING TO DEBATE THE BILL-IN-CHIEF IN A -- IN A MOMENT,

BUT I WAS REFLECTING ON THE DEBATE THAT WAS A LITTLE OVER A YEAR AGO.

OUR FORMER COLLEAGUE, ASSEMBLYMAN ORTIZ, STOOD IN THIS CHAMBER AND

IN RESPONSE TO A QUESTION THAT A FRESHMAN LEGISLATOR HAD, HE SAID -- YOU

KNOW, I PRESSED HIM ON THE DATE. I SAID HOW DID WE ARRIVE TO APRIL

30TH, 2021, WHICH TO ANYONE IN THIS BODY SORT OF SEEMED

INCONCEIVABLE AT THE TIME, THAT WE WOULD BE DEALING WITH THIS OVER A

YEAR LATER. SO IN MY MIND, YOU KNOW, I'M NOT BEING SUPER SAVVY, BUT

KNOWING SOMETHING ABOUT THE PROCESSES AROUND HERE I SAID WELL, THAT

HAPPENS TO BE 30 DAYS AFTER THE BUDGET, I CAN SEE WHAT THE GOVERNOR IS

PROBABLY UP TO. AND I PRESSED MY COLLEAGUE TO TRY AND GET HIM TO SAY

NYS ASSEMBLY MARCH 5, 2021

WELL THAT WAS THE DATE THAT THE GOVERNOR PICKED. HE WOULDN'T DO IT.

BUT HE DID SAY, AND I WISH HE WAS BACK HERE TODAY BUT

THE VOTERS DECIDED TO GO A DIFFERENT WAY, I THINK -- HE SAID, I THINK THE

LEGISLATURE, THE LEGISLATURE, THEY'RE IN SESSION SO WE WILL, WE WILL PUT

A SUNSET, APRIL 30TH, 2021 AND IF, YOU KNOW, AGAIN, IF FOR ANY OTHER

REASON WE FEEL THAT THERE'S ANY REASON TO COME BACK, WE'LL COME BACK,

WE'LL RECONVENE AND WE'LL -- WE'LL CHANGE THAT DATE. AT THE TIME, THE

SPONSOR OF THE BILL STOOD HERE IN THIS CHAMBER AND SAID -- GAVE US THE

IMPRESSION, YEAH, APRIL 30TH, 2021, THAT'S PROBABLY TOO LONG, I GOT IT,

BUT THAT'S WHAT THE GOVERNOR ASKED FOR, WE'LL SEE HOW THIS THING GOES

AND IF IT'S NOT GOING WELL, WE'LL RECONVENE AT ANY TIME AND WE'LL DO THE

FULL REPEAL, WE'LL TAKE THIS BACK, BECAUSE WE NEED THIS $40 MILLION IN

ORDER FOR THE DEPARTMENT OF HEALTH TO PAY FOR EMERGENCY EQUIPMENT

AND PPE - THAT IS CRITICAL, THE GOVERNOR'S A SAVVY GUY, HE PUT THEM BOTH

IN THE SAME BILL, HE KNEW HOW TO GET THE VOTES IN THIS HOUSE. NOBODY

WANTED TO STOP PROGRESS ON WHAT WAS A PENDING EMERGENCY. SO THE

LEGISLATURE HANDED IT OVER AND THE SPONSOR OF THE BILL-IN-CHIEF AT THE

TIME SAID, YEAH, BUT DON'T WORRY. AT SOME POINT, IF THE GOVERNOR IS

GETTING OUT OF CONTROL, WE'LL -- WE RECONVENED A NUMBER OF TIMES. WE

RECONVENED A NUMBER OF TIMES. WE'RE NOW TWO MONTHS INTO SESSION

HERE.

WHAT DOES THE BILL-IN-CHIEF LOOK LIKE? WHAT ARE --

WHAT ARE REASONS? I MEAN TO WESTERN NEW YORKERS IT'S THAT CHICKEN

WINGS AREN'T A SUBSTANTIAL MEAL. THAT'S WHAT IT LOOKS LIKE WHEN YOU

RECONVENE AND CHANGE YOUR MIND AND TAKE POWER BACK FROM THE

NYS ASSEMBLY MARCH 5, 2021

GOVERNOR. IT LOOKS LIKE ON -- ON TUESDAY IT'S OKAY TO HAVE TEN PEOPLE

IN YOUR HOME, BUT ON WEDNESDAY YOU CAN HAVE 25. THANK YOU VERY

MUCH, O BENEVOLENT LEADER, WE APPRECIATE YOU FOR ALLOWING ME TO NOW

HAVE 25 PEOPLE IN MY HOME IF I DEEM IT TO BE SAFE. THAT WOULD BE A

REASON TO RECONVENE, SUPPORT AN AMENDMENT LIKE THIS THAT'S THE FULL

REPEAL OF THOSE EXECUTIVE EMERGENCY POWERS. I BET IF WE HAVE THE

CRYSTAL BALL, IF WE COULD DEBATE THE THINGS THAT THE GOVERNOR WAS ABOUT

TO DO THAT WE DIDN'T KNOW ABOUT, HE WOULDN'T HAVE GOTTEN A SINGLE VOTE

IN THIS CHAMBER, AT LEAST I HOPE NOT. WHO CAN LOOK AT THE EXECUTIVE

ORDERS THAT CAME DOWN OVER THE LAST YEAR AND DEFEND THEM ON THIS

FLOOR? I CERTAINLY COULDN'T. I'D INVITE THE GOVERNOR TO WALK IN HERE AND

DEFEND THEM. BOY, THAT'D BE FUN TO TRY AND GET THE BILL DONE AGAIN THIS

TIME, WOULDN'T IT?

SO LET'S NOT MAKE THE MISTAKE IN THE FUTURE. THAT'S

WHAT THIS AMENDMENT'S SAYING. IT'S SAYING, HEY, INSTEAD OF THE

BILL-IN-CHIEF THAT WE'RE ABOUT TO EXTEND HIS EMERGENCY POWERS IN

PERPETUITY, SOMETHING THAT ASSEMBLYMAN ORTIZ COULDN'T -- COULDN'T

EVEN DEFEND APRIL 30, 2021, COULD YOU IMAGINE IF HE WAS TRYING TO GET

THE BILL DONE THEN AND SAID "IN PERPETUITY," THIS IS HOW WE'RE GOING TO

RUN NEW YORK STATE FROM NOW ON, THE GOVERNOR IS JUST GOING TO DO IT.

WHAT DO WE DO HERE? I DON'T KNOW, WE'VE GOT MICROPHONES AND DESKS.

SO FAR WE PRETEND. WE PRETEND LIKE WE'RE A COEQUAL BRANCH OF

GOVERNMENT. WE PUT A TITLE UP ON A BILL THAT SAYS "TERMINATION OF

EXECUTIVE POWERS BY THE LEGISLATURE." THAT'S A PRETEND TITLE. WE'RE

PRETENDING. THIS DOESN'T DO ANYTHING TO TERMINATE EXECUTIVE POWERS.

NYS ASSEMBLY MARCH 5, 2021

IT ACTUALLY EXTENDS THEM.

SO WHAT DOES IT LOOK LIKE WHEN YOU -- WHEN YOU VOTE

AGAINST THIS EXCELLENT AMENDMENT THAT'S BEEN BROUGHT FORWARD? WELL,

FOR ME, IT LOOKS LIKE O'BRIEN'S RESTAURANT IN CLAYTON, NEW YORK CALLS

ME UP AND SAYS, HEY, I READ THE -- THE HEADLINE AND IT SAID TERMINATION

OF EXECUTIVE POWERS BY THE LEGISLATURE. SO THANK YOU, THANK YOU FOR

FINALLY DOING SOMETHING BECAUSE NOW I DON'T HAVE TO LOSE THE BUSINESS

THAT I'VE FOUGHT TO BUILD FOR 40 YEARS AND I'VE HELD ON TO THROUGHOUT

THIS THING, WAITING, MAYBE I CAN GET THROUGH APRIL 30TH SO THAT THE

GOVERNOR'S THUMB IS FINALLY LIFTED OFF OF MY BUSINESS AND I CAN THRIVE

ONCE AGAIN. RIGHT? THAT'LL BE THE PHONE CALL. WHAT DO I TELL THEM?

WHAT ARE YOU GOING TO TELL YOUR CONSTITUENTS WHEN THEY CALL? IT LOOKS

LIKE THE THOUSAND ISLANDS FITNESS CENTER, WHICH IS A WALK-IN 24-HOUR

FACILITY, IT'S A GYM, RIGHT, ANOTHER BUSINESS OWNER IN MY DISTRICT IN

ALEXANDRIA BAY THAT HAS JUST BEEN HANGING ON, GOT TOGETHER WITH A

BUNCH OF OTHER GYMS, SUED THE GOVERNOR, BEFORE THAT SUIT CAME

FORWARD HE RELENTED AND ALLOWED THEM TO OPEN FOR A LONGER PERIOD OF

TIME WITH CERTAIN RESTRICTIONS, RIGHT. WHAT DOES IT LOOK LIKE FOR HIM

WHEN HE CALLS AND HE SAYS, OH, AM I 24 HOURS NOW? WHAT DOES IT LOOK

LIKE FOR ME? THINK ABOUT THAT WHEN YOU VOTE ON THIS AMENDMENT.

BECAUSE YOU HAVE THE OPPORTUNITY RIGHT NOW TO BE A CHECK ON THE

EXECUTIVE.

I COULDN'T HELP IT, IT WAS ABOUT A WEEK AGO, THERE WAS

A LANDLORD IN ALBANY, AND I DON'T -- I DON'T KNOW WHY THIS DIDN'T MAKE

NATIONAL HEADLINES, BUT I'LL TALK ABOUT IT TODAY BECAUSE I THINK IT'S

NYS ASSEMBLY MARCH 5, 2021

WORTHY. THERE WAS A LANDLORD IN ALBANY THAT KIDNAPPED HIS TENANTS,

ZIP-TIED THEM, DROVE THEM 30 MILES TO A CEMETERY AND DUMPED THEM

OFF. IT MADE LOCAL MEDIA. THIS IS THE THIRD ORDER OF EFFECT OF A

GOVERNMENT THAT IS GETTING WAY TOO INVOLVED IN PEOPLE'S DAY-TO-DAY

LIVES. THIS LANDLORD WAS AT SUCH THEIR WIT'S END, AND I'M NOT EXCUSING

THAT BEHAVIOR BY ANY MEANS, BUT I KNOW THE PEOPLE IN THIS CHAMBER

HAVE RECEIVED ENOUGH CALLS FROM LANDLORDS TO KNOW EXACTLY WHERE THAT

MENTALITY CAME FROM. AND IF WE DON'T VOTE ON THIS AMENDMENT, WE'RE

GOING TO CONTINUE THAT MENTALITY AND YOU'RE GOING TO CONTINUE TO

RECEIVE THOSE PHONE CALLS.

IF YOU VOTE AGAINST THIS AMENDMENT, YOU ARE SAYING

THAT THESE RIDICULOUS RULES THAT WE'VE BEEN LIVING UNDER SHOULD

CONTINUE, AND NOT CONTINUE TO -- NOT CONTINUE TO APRIL 30, 2021, WHICH

WAS, FOR A LONG TIME WHEN BUSINESSES WERE CALLING ME IN AUGUST AND

SEPTEMBER AND OCTOBER, WAS MY ANSWER FOR THE WORST CASE SCENARIO.

YOU'VE EXTENDED THAT WORST CASE SCENARIO ANSWER FOR ME IN PERPETUITY.

WHAT DO I TELL SOMEBODY NOW? UNTIL, I DON'T KNOW, UNTIL THE GOVERNOR

DECIDES THAT HE DOESN'T WANT TO HAVE A DEADLINE ANYMORE? FOREVER?

GOOD LUCK? I'M -- I'M SORRY THAT I BEGGED YOU SO MANY TIMES TO STAY IN

NEW YORK AND HANG ON, AND I BELIEVE IN YOU AND I'M FIGHTING FOR YOU?

I GUESS I WAS WRONG, IT IS TIME TO PACK IT UP AND LEAVE. WHAT DO I TELL

THEM? WHAT ARE YOU GOING TO TELL THEM? IF YOU VOTE AGAINST THIS

AMENDMENT, WHAT ARE YOU GOING TO TELL THOSE BUSINESS OWNERS? I DON'T

KNOW. I COULDN'T -- I CERTAINLY COULDN'T DO IT. THAT'S WHY I'M GOING TO

SUPPORT THIS AMENDMENT. IT'S A GREAT ONE AND IT'S TIME TO TAKE BACK THE

NYS ASSEMBLY MARCH 5, 2021

POWER FROM THE EXECUTIVE.

SO I VOTE FOR REPEALING THE GOVERNOR'S EXTRAORDINARY

EMERGENCY POWERS. THIS IS NOW A MANAGEABLE HEALTH CRISIS THAT WE'RE

ON OUR WAY OUT FROM. IT'S NOT A PENDING DOOM PANDEMIC LIKE WAS

PAINTED ON THE FLOOR A YEAR AGO. THIS AMENDMENT IS THE FULL REPEAL OF

EXTRAORDINARY EMERGENCY POWERS. VOTING FOR IT IS A VOTE FOR FREEDOM.

VOTING FOR IT IS A BELIEF THAT THERE SHOULD BE BALANCE AND -- AND CHECKS

AND BALANCES IN OUR GOVERNMENT. VOTING FOR IT IS VOTING FOR OUR

REPUBLIC IN THE REPRESENTATIVE DEMOCRACY THAT WE ALL SWORE AN OATH

TO UPHOLD. AND VOTING FOR IT IS A VOTE AGAINST A CROWN AND AGAINST THE

RULE OF A MONARCH IN THIS STATE. MR. SPEAKER, I SUPPORT THIS

AMENDMENT.

ACTING SPEAKER AUBRY: MR. SMULLEN.

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

AMENDMENT. I'D LIKE TO TALK A LITTLE BIT ABOUT SOME OF THE ISSUES THAT

MY COLLEAGUES HAVE ALREADY ADDRESSED, BUT I WANT START WITH A QUOTE

FROM DOUGLAS BADER, WHO WAS A WORLD WAR II FIGHTER PILOT, WHO SAID

THAT RULES ARE FOR THE OBEDIENCE OF FOOLS AND THE GUIDANCE OF WISE

MEN. EXCUSE ME, I'M FOGGING UP MY -- MY GLASSES HERE.

I THINK IT'S REALLY IMPORTANT THAT WE RECOGNIZE THAT

TODAY IS NOT ABOUT POLITICS. THIS ISN'T ABOUT LIBERALS VERSUS

CONSERVATIVES, SCIENCE VERSUS RELIGION, SOCIALISTS VERSUS CAPITALISTS, IT'S

SIMPLY FREEDOM OVER TYRANNY. AND THAT'S WHAT WE MUST TRULY ADDRESS

TODAY AND THAT'S WHAT THIS AMENDMENT TRULY DOES ADDRESS.

ACTING SPEAKER AUBRY: ONE MINUTE, MR.

NYS ASSEMBLY MARCH 5, 2021

SMULLEN.

MR. SMULLEN: I --

ACTING SPEAKER AUBRY: ONE MINUTE. WOULD

YOU HAVE YOUR COLLEAGUES MOVE AWAY FROM YOU, I DON'T BELIEVE YOU'RE

SIX FOOT APART AND I DO BELIEVE --

MR. SMULLEN: THANK YOU, MR. SPEAKER. I -- I

APPRECIATE THE CONSIDERATION.

ACTING SPEAKER AUBRY: NO PROBLEM. THANK

YOU. THE SERGEANT-AT-ARMS IS RUNNING TO DO HIS JOB --

MR. SMULLEN: THANK YOU, SERGEANT-AT-ARMS, MR.

JACKSON. I WOULDN'T WANT TO GET ON THE WRONG SIDE OF MR. JACKSON.

ACTING SPEAKER AUBRY: HE'S -- HE'S GOING TO

CHASTISE ME FOR SUPPLANTING HIS POWER. GO RIGHT AHEAD.

MR. SMULLEN: THANK YOU.

I WANT TO POINT OUT TO EVERYONE THAT THE GOVERNOR IS

NOT MY BOSS. I WORK FOR THE PEOPLE OF THE 118TH ASSEMBLY DISTRICT.

IT'S THE PLACE WHERE I WAS BORN, WHERE I WAS RAISED, WHOM I DEFENDED

DURING MY TIME IN THE MARINES AND NOW SERVE AS THEIR REPRESENTATIVE

HERE IN THIS BODY POLITIC. THEY BELIEVE IT'S TIME NOW TO FULLY REPEAL THE

EXTRAORDINARY POWERS GIVEN TO COMBAT THIS VIRUS. THE GOVERNOR HAS

LOST OUR CONFIDENCE TO LEAD THIS GREAT STATE OF NEW YORK. THIS VIRUS IS

NO LONGER AN EMERGENCY, AND THANK GOD IT'S ALMOST OVER. AND, INDEED,

I'M MORE OPTIMISTIC THAN EVER THAT IN THE COMING WEEKS WE CAN

QUICKLY GET THOSE WHO WANT TO BE SWIFTLY VACCINATED THAT VACCINATION,

AND FOR WHICH I'M VERY THANKFUL TO THE BRILLIANT WORK OF OUR SCIENTISTS

NYS ASSEMBLY MARCH 5, 2021

TO GET THAT TO US IN SUCH SHORT TIME. AND AS SUCH, THESE EXTRAORDINARY

POWERS ARE NO LONGER WARRANTED.

SIMPLY, WE DEMAND TO BE ALLOWED TO GO BACK TO WORK.

WE DEMAND TO SEND OUR CHILDREN BACK TO SCHOOL. WE DEMAND TO BE

ABLE TO LIVE PROSPEROUS LIVES WITHOUT THE HEAVY HAND OF GOVERNMENT

INTRUDING IN OUR BUSINESS. IT IS A TRUE SHAME AND MOST GRIEVOUS TO OUR

LIBERTY WHEN THE STATE TURNS AGAINST THE WILL OF ITS PEOPLE. IT'S A TOXIC

INDICATOR OF THE LACK OF LEADERSHIP, WHICH MUST BE CHANGED

IMMEDIATELY. IT MUST CHANGE TODAY. AND SINCE WE HAVE SPENT THE LAST

TEN DAYS OR SO DOING VERY LITTLE FROM A LEGISLATIVE STANDPOINT, I BELIEVE

THERE'S TIME, TIME TO REALLY GET TO WORK BY TAKING BACK THAT POWER AND

GIVING IT TO OUR PEOPLE HERE IN THIS BODY. THAT'S WHY A FULL REPEAL IS

NECESSARY. WHAT WE NEED TO DO IS GO LINE BY LINE, DIRECTIVE BY

DIRECTIVE TO DETERMINE WHICH HEALTH MEASURES ARE WARRANTED TO ENSURE

THE PUBLIC SAFETY AND THE TRANSITION OUT OF THIS VIRUS CRISIS AND OUR

RETURN TO NORMALCY. IT'S WHAT WE WERE ELECTED TO DO BY THE PEOPLE.

SO TODAY IS THE TIPPING POINT. IT'S THE DAY IN WHICH

YOU NO LONGER HAVE THE CONSENT OF MANY OF THOSE WHO YOU BELIEVE YOU

CAN RULE BY EXECUTIVE ORDER. INSTEAD, WE NEED TO RETURN TO GOVERN BY

LAWS PASSED BY THIS BODY. ANYTHING LESS IS A HALF MEASURE WHICH WILL

SURELY BE INEFFECTIVE, AND I URGE ALL OF MY COLLEAGUES TO VOTE IN A

BIPARTISAN SUPPORT FOR THIS AMENDMENT TODAY. MAY YOU ALL REMAIN

SEMPER FIDELIS, ALWAYS FAITHFUL TO YOUR PEOPLE. LET'S DO SO TODAY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY.

NYS ASSEMBLY MARCH 5, 2021

AND ANY MEMBER WHO FEELS THAT THEY'RE CONSTRICTED BY

THE MASK HAS THE OPPORTUNITY TO GO BACK AND DO THIS BY VIA ZOOM. SO

IF YOU'RE GOING TO SPEAK, WE REQUIRE THAT YOU HAVE THE MASK ON. AS PER

ANY OTHER QUESTIONING MIGHT HAPPEN, MR. SMULLEN, YOU MAY HAVE TO

CHOOSE THAT IF THE MASK CONSTRICTS YOU IN THAT WAY. THANK YOU.

MR. ASHBY.

MR. ASHBY: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. ASHBY: WHEN WE TAKE A LOOK AT THIS

AMENDMENT AND WE TAKE A LOOK AT THE BILL BEFORE US, I'VE HEARD FROM

SOME OF MY COLLEAGUES, YOU KNOW, THIS BILL IS A STEP IN THE RIGHT

DIRECTION AS OPPOSED TO FULL REPEAL. IT'S A STEP IN THE RIGHT DIRECTION. IN

WHAT DIRECTION AND IN WHAT DESTINATION -- OR WHAT IS OUR DESTINATION?

I'LL TELL YOU: IT'S CONTINUED EXECUTIVE CONTROL. THAT'S WHAT THIS BILL

DOES. WE NOW HAVE THE LUXURY OF HINDSIGHT AND FORESIGHT TO PROVIDE A

BETTER PATH, AND IT'S BIPARTISAN IN A WORD -- THIS REPEAL IS BIPARTISAN.

HERE IT IS, IT'S THIS AMENDMENT. WE NEED TO EMPOWER OUR CONSTITUENTS,

THE CITIZENS OF THIS GREAT STATE, NOT A GOVERNOR WHO IS FACING

TREMENDOUS, TREMENDOUS ALLEGATIONS OF CORRUPTION AND HAS LET US DOWN

A PATH OF UNSUSTAINABILITY. THANK YOU.

ACTING SPEAKER AUBRY: MR. GANDOLFO.

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

AMENDMENT THAT MY COLLEAGUE PUT FORTH, WHICH I'LL --

NYS ASSEMBLY MARCH 5, 2021

ACTING SPEAKER AUBRY: ON THE AMENDMENT.

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

COMMEND MY COLLEAGUE FOR BRINGING THIS AMENDMENT BECAUSE THE

BILL-IN-CHIEF AND THE MESSAGING SURROUNDING IT HAS BEEN ONE OF THE

MOST MISLEADING CAMPAIGNS I HAVE EVER SEEN. IT'S INSULTING. IT'S

INSULTING TO THE MEMBERS OF THIS BODY AND IT'S INSULTING TO THE GENERAL

PUBLIC.

NOW, I SAW THE HEADLINES THAT SAID THERE'S A DEAL

STRUCK TO FINALLY REVOKE THE GOVERNOR'S POWER. AND I GOT EXCITED, I

SAID IT'S ABOUT TIME. BUT ONCE YOU DIG BENEATH THE SURFACE OF THOSE

HEADLINES, THERE'S A KEY WORD: IT RESTRICTS HIS ABILITY TO ISSUE "NEW

DIRECTIVES." BUT WHAT ABOUT THE EXISTING DIRECTIVES THAT WE'VE BEEN

LIVING UNDER THAT COVER EVERYTHING UNDER THE SUN? AND I'LL USE AN

EXAMPLE, BECAUSE HE CAN STILL MODIFY THESE EXISTING DIRECTIVES. I

REPRESENT LONG ISLAND. AS IT STANDS TODAY BEFORE WE PASS THIS

BILL-IN-CHIEF, HE CAN WAKE UP AND DECIDE, YOU KNOW WHAT? LONG

ISLAND, YOU HAVE A 9:00 P.M. RESTAURANT CURFEW, WITH NO LEGISLATIVE

APPROVAL. AFTER WE PASS THIS BILL, HE CAN DO THE SAME EXACT THING. HE

HAS TO NOTIFY CERTAIN MEMBERS OF THE LEGISLATURE, HE DOESN'T NEED THEIR

APPROVAL, SO HE CAN STILL WAKE UP ON A WHIM AND SHUT DOWN SOMEONE'S

BUSINESS WITH ZERO LEGISLATIVE APPROVAL. THAT'S UNCONSCIONABLE. HOW

CAN WE GO HOME AND PRETEND WE ACTUALLY DID SOMETHING? YEAH, I

KNOW THERE'S A MECHANISM THAT EXISTED WELL BEFORE THE BILL-IN-CHIEF

WHERE WE CAN PASS A CONCURRENT RESOLUTION AND TERMINATE AN

EXECUTIVE ORDER. WELL, WE HAVEN'T DONE THAT YET. WE HAVEN'T DONE IT

NYS ASSEMBLY MARCH 5, 2021

ON A SINGLE EXECUTIVE ORDER NO MATTER HOW ANTI-SCIENCE AND ANTI-DATA

THEY WERE.

SO WHAT DO WE DO? WE CAN PASS THIS AMENDMENT AND

HAVE A CLEAN REPEAL. AND IF YOU VOTE AGAINST THIS AMENDMENT, YOU ARE

VOTING TO MOVE FORWARD WITH A BILL THAT SOUNDS GOOD ON THE SURFACE BUT

DOES NOTHING. AND I DON'T THINK OUR CONSTITUENTS SHOULD TRUST US TO USE

THAT AUTHORITY WE HAVE BEFORE THIS BILL TO TERMINATE EXECUTIVE ORDERS

BECAUSE, LOOK. WE HAVE DONE NOTHING AS A BODY IN LIGHT OF

ANTI-SCIENCE, ANTI-DATA, OVERLY RESTRICTIVE DIRECTIVES. WE HAVEN'T EVEN

DONE ANYTHING WHEN A POSSIBLY CRIMINAL COVERUP OF THE NURSING HOME

DEATH TOLL CAME TO LIGHT, WE STILL DID NOTHING. AND EVEN AMID CREDIBLE

SEXUAL HARASSMENT ALLEGATIONS, WE'VE STILL DONE NOTHING. SO WHY

SHOULD OUR CONSTITUENTS TRUST US TO DO ANYTHING AS A BODY? THEY

SHOULDN'T. WE NEED TO PASS THIS AMENDMENT. IT ACTUALLY DOES

SOMETHING. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. TAGUE.

MR. TAGUE: MR. SPEAKER, ON THE AMENDMENT, SIR.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. TAGUE: MY FELLOW COLLEAGUES, HONESTLY THIS IS

A VERY SAD DAY IN NEW YORK NO MATTER WHAT YOUR POLITICAL AFFILIATION

IS. THIS GOVERNOR AND HIS ADMINISTRATION ADMITTED TO OBSTRUCTION OF

JUSTICE AS A RESULT OF THE EXTRAORDINARY EMERGENCY POWERS THAT WERE

GRANTED TO THEM. AND JUST LAST NIGHT IN THE WALL STREET JOURNAL, THE

GOVERNOR'S TOP AIDES PURPOSELY -- REPORTED BY THE WALL STREET JOURNAL,

NYS ASSEMBLY MARCH 5, 2021

ALLEGEDLY THE GOVERNOR'S TOP AIDES PURPOSELY ALTERED INFORMATION. AND

THIS IS IMPORTANT INFORMATION THAT COULD HAVE HELPED AGENCIES AND

HEALTH PROFESSIONALS WITH THE FIGHT OF THE COVID-19 VIRUS.

SO I ASK THIS QUESTION TO ALL MY COLLEAGUES: WHY IN

GOD'S NAME WOULD WE NOT SUPPORT THIS AMENDMENT, FULLY REPEAL AND

REVOKE THE GOVERNOR'S EMERGENCY EXTRAORDINARY POWERS? TAKE BACK

THE STATE FOR THE PEOPLE THAT WE REPRESENT. I VOTE IN FAVOR OF THIS

AMENDMENT. I ENCOURAGE ALL MY COLLEAGUES TO DO THE SAME AND HAVE

THE COURAGE, LIKE FELLOW MEMBERS SENATOR BIAGGI, ASSEMBLYMAN KIM

AND MANY OTHERS STAND UP AND IN -- IN THE GOVERNOR'S OWN WORDS, "DO

THE RIGHT THING." STAND UP FOR THE PEOPLE THAT YOU REPRESENT. I'LL BE

VOTING IN FAVOR OF THIS AMENDMENT. I ENCOURAGE ALL MY COLLEAGUES TO

DO THE SAME AND I THANK YOU, MR. SPEAKER, FOR THE TIME.

ACTING SPEAKER AUBRY: MR. MONTESANO.

MR. MONTESANO: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT, PLEASE.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. MONTESANO: THANK YOU. YOU KNOW, I'VE --

I'VE BEEN LISTENING TO EVERYTHING MY COLLEAGUES HAVE TO SAY ON THIS

AMENDMENT, SO I'M NOT GOING TO REPEAT THINGS. BUT I JUST WANT TO

EMPHASIZE THIS TO MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE. BASED

ON WHAT WE'VE HEARD TODAY, MS. DEROSA AND THE OTHER MEMBERS OF THE

GOVERNOR'S ADMINISTRATIVE STAFF HAVE ENGAGED IN THE COVERUP,

ESPECIALLY WITH THE DEPARTMENT OF HEALTH, HAVING THEM ALTER THAT

NYS ASSEMBLY MARCH 5, 2021

REPORT. AND -- SO THEY ALL ACTED IN CONCERT. IN THE LEGAL PARLANCE,

THERE'S A DIFFERENT NAME FOR THAT, IT'S CALLED RICO, A RICO STATUTE,

WHEN THEY ENGAGE IN THIS TYPE OF CONSPIRACY FOR A COVERUP. AND I'M

GLAD THE FEDERAL GOVERNMENT HAS THREE DIFFERENT INVESTIGATIONS GOING

ON, ALBEIT ONE OF THEM COMES OUT OF THE OFFICE OF MS. DEROSA'S

MOTHER-IN-LAW, BUT THAT'S GOING TO BE A STORY FOR ANOTHER DAY.

BUT TO THE NEW MEMBERS OF THE HOUSE, ESPECIALLY ON

THE OTHER SIDE OF THE AISLE, THIS IS YOUR CHANCE TO SET A MARK AND SEND A

MESSAGE TO THE GOVERNOR, BECAUSE THAT'S WHY YOU WERE ELECTED. NOW I

KNOW FROM 11 YEARS IN THIS HOUSE THAT YOU'RE TOLD HOW TO VOTE ON

SOMETHING. YOU'RE ENCOURAGED TO VOTE ON THINGS AND IF NOT, I KNOW

THERE'S CONSEQUENCES THAT ARE THREAT -- YOU SHOULD NOT FOLD ON AN ISSUE

LIKE THIS, BECAUSE YOU BECOME COMPLICIT IN THE ACTIONS THAT THIS

GOVERNOR HAS DONE TO DAMAGE THE PEOPLE OF THIS STATE. WE ALL HAVE TO

COME TOGETHER AND DO WHAT'S RIGHT. IF YOU DON'T VOTE FOR THIS

AMENDMENT, AS WAS SAID EARLIER BY EVERYBODY ELSE AND I'M NOT GOING TO

REPEAT, YOU'RE RENEWING THIS MAN'S CONTRACT TO GO FORWARD, TO CONTINUE

HIS DECEPTIVE CONDUCT WITH THE PEOPLE OF THIS STATE ON THE NURSING

HOME ISSUE, ON THE COVID ISSUE, FOR THE PURPOSES OF WHAT EXTRA FUNDS

THAT THEY'RE GOING TO GET THAT THEY WON'T GET. AND THEN WE HAVE THESE

SEXUAL HARASSMENT ALLEGATIONS THAT ARE NOW PENDING, ALSO. IN FACT, I

WAS QUITE SHOCKED THIS MORNING TO SEE IN THE PAPER THAT THE LEADER OF

THE SENATE PUBLICLY SAYS ON A NEWS REPORT LAST NIGHT IF THERE'S ONE MORE

SEXUAL HARASSMENT ALLEGATION, THE GOVERNOR'S GOING TO HAVE TO RESIGN.

LIKE THREE ISN'T ENOUGH. LIKE THREE ISN'T ENOUGH. WHAT ARE PEOPLE

NYS ASSEMBLY MARCH 5, 2021

THINKING ABOUT? THIS IS THE MOST DANGEROUS TIMES THAT WE'RE ACTING IN

-- THAT WE'RE LIVING IN AND, AS A LEGISLATURE, WE ARE DUTY-BOUND TO TAKE

SPECIFIC ACTION AGAINST THIS GOVERNOR.

SO WHILE I KNOW EVERYBODY'S UNDER PRESSURE BY THEIR

LEADERSHIP TO DO CERTAIN THINGS, THIS IS ONE TIME A MESSAGE HAS TO BE

SENT TO THE LEADERSHIP THAT YOU'RE NOT GOING TO FOLD, AND THEN A MESSAGE

TO THE GOVERNOR THAT HE CANNOT CONTINUE WITH THIS TYPE OF ACTIVITY. SO I

IMPLORE YOU TO LISTEN TO WHAT'S BEING SAID BY EVERYBODY REGARDING THIS

AMENDMENT. IT'S THERE FOR A REASON AND A FULL REPEAL IS NECESSARY, AND

THEN WE COULD ADDRESS THE ISSUES AS THEY ARISE. AND THE

COMMISSIONERS OF THE DIFFERENT STATE AGENCIES THAT DEAL WITH THE

LIQUOR AUTHORITY AND EVERYTHING ELSE THAT GOES ON, THOSE

COMMISSIONERS HAVE THE ABILITY AND THE POWER WITHIN THEIR OFFICE TO

TAKE CARE OF THOSE RULES ABOUT WHAT TIME A BAR SHOULD OPEN AND CLOSE,

HOW MANY PEOPLE SHOULD BE IN THERE. THE COUNTIES HAVE THE ABILITY

WITH THE CERTIFICATE OF OCCUPANCIES TO REGULATE HOW MANY PEOPLE COULD

SAFELY BE IN A PLACE. THE GOVERNOR SHOULD NO LONGER HAVE CONTROL OVER

EACH AND EVERY ASPECT OF PEOPLE'S LIVES IN THIS STATE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. LEMONDES.

MR. LEMONDES: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. LEMONDES: THANK YOU. IN LIGHT OF

NYS ASSEMBLY MARCH 5, 2021

EVERYTHING MY COLLEAGUES HAVE SAID, I'D LIKE TO OFFER A FEW OTHERS JUST

FOR CONSIDERATION WITH RESPECT TO THE SITUATION THAT WE FIND OURSELVES

IN. WITH RESPECT TO THE GOVERNOR AND HIS STAFF AND THOSE COMPLICIT, ON

PROFESSIONALISM, DOING WHAT'S RIGHT, IF YOU WILL; IN QUESTION, LEADERSHIP

ABILITY, ACTING WITH PURPOSE, COMMUNICATING, MOTIVATING, SYNTHESIZING

INFORMATION INTO ACTION; IN QUESTION, CONFIDENCE. DO PEOPLE HAVE

REASON TO TRUST YOU? IN QUESTION, INTEGRITY, SOMETHING PEOPLE THAT

ELECTED US EXPECT US TO HAVE; IN QUESTION, HONOR, BEING A GOOD CITIZEN

AND BEING RESPECTFUL OF ALL; IN QUESTION, LOYALTY, BEING THERE WHERE AND

WHEN YOU ARE NEEDED IN DOING THE RIGHT THING; IN QUESTION, AND MAY I

REMIND YOU THAT HERD MENTALITY IS VERY DIFFERENT THAN HERD IMMUNITY.

PLEASE CONSIDER DOING WHAT'S RIGHT BY THE PEOPLE OF OUR STATE WHO

ELECTED US, ALL OF US, REPUBLICANS AND DEMOCRATS. WE ALL HAVE

FAMILIES. OUR FAMILIES ARE NOT REPUBLICANS AND DEMOCRATS. WE ALL

HAVE CHILDREN, MOST OF US, WHO DEPEND ON US TO MAKE DECISIONS THAT

WILL OFFER THEM A FUTURE.

AND WITH RESPECT TO THE THINGS THAT ARE IN PLAY RIGHT

NOW, I WOULD OFFER A QUOTE BY GEORGE WASHINGTON, OF ALL PEOPLE, IN

ONE OF THE BOOKS ABOUT HIM. AND THAT'S SIMPLY: A LOT CAN BE

OVERLOOKED UNTIL IT'S CRIMINAL. I WOULD OFFER YOU THAT FOR CONSIDERATION

WHEN YOU THINK OF HOW YOU'LL VOTE ON THIS AMENDMENT. THERE ARE

PARENTS, FAMILIES, FRIENDS, NEIGHBORS, CONSTITUENTS, BUSINESS OWNERS,

ELDERLY PEOPLE IN NURSING HOMES, ALL OF WHOM EXPECT US TO DO RIGHT BY

THEM. I URGE YOU TO JOIN ME AND MY COLLEAGUES IN DOING THEM RIGHT

TODAY, NOT BY CRIPPLING THEM IN OUR STATE FURTHER. PLEASE STEP OUT AND

NYS ASSEMBLY MARCH 5, 2021

LEAD WITH US AND VOTE FOR THIS AMENDMENT. MR. SPEAKER, THANK YOU

VERY MUCH.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. MANKTELOW: SO I'VE LISTENED HERE FOR -- FOR

QUITE SOME TIME THIS MORNING AND I AM ABSOLUTELY IN FULL SUPPORT OF

THIS AMENDMENT. BUT THIS MORNING, I TOOK THE TIME TO CALL SOME OF MY

LOCAL HEALTH OFFICIALS BACK HOME AND TALK TO THEM ABOUT THE VACCINES,

WHAT'S ACTUALLY GOING ON WITH THE VACCINES BACK HOME, IS THE

LEADERSHIP OF THIS STATE HELPING OR REALLY HURTING WITH THE VACCINE

DISTRIBUTION. AND SPEAKING WITH THE ONE FROM MY HOME COUNTY, SHE

TALKED TO ME ABOUT IT'S TRULY A MESS. WE -- WE HAVE VACCINES, WE CAN

GET VACCINES. BUT WHO'S GETTING THE VACCINES? IS IT THE HEALTH

DEPARTMENT, IS IT THIS DRUGSTORE, IS IT THIS OTHER DRUGSTORE? IS IT THE

HOSPITAL? HOW MANY PEOPLE HAVE BEEN VACCINATED? WHO KNOWS THAT

NUMBER? SHE DOESN'T KNOW THAT NUMBER. SHE DOESN'T UNDERSTAND IF --

IF PHARMACY X HAS DONE X AMOUNT OF VACCINES, OR PHARMACY Y.

THAT LEADERSHIP HAS BEEN IN PLACE SINCE THE BEGINNING

OF THIS PANDEMIC. THESE INDIVIDUALS AT OUR LOCAL COUNTY HEALTH

DEPARTMENTS HAVE TRAINED FOR YEARS FOR SITUATIONS LIKE THIS. THEY ARE

THE EXPERTS. THEY ARE THE EXPERTS BACK HOME. LET THEM DO THEIR JOB.

RIGHT NOW, THIS ADMINISTRATION IS NOT GETTING THE VACCINES OUT TO THE

NYS ASSEMBLY MARCH 5, 2021

PEOPLE THAT'S NEEDED. IS IT 1-A TODAY? IS IT 1-B? IS IT 1-C? OR -- OR IS

IT GOING TO BE -- WHAT'S GOING TO BE THE NEXT GROUP? IS IT GOING TO BE

2-A, 2-B, 2-C? OH, AND BY THE WAY, THE ADMINISTRATION ARE NOT

GETTING THE DIRECTIVES AND THE INFORMATION TO THE LOCAL HEALTH

DEPARTMENTS TO ADMINISTER THE VACCINES OR -- OR DO I NEED TO FINISH

1-A, DO I -- OR CAN I GO TO 1-B? THE VACCINES IS AN ABSOLUTE MESS.

THIS IS COMPLETE AND -- IT'S JUST UNFATHOMABLE WHY OUR GOVERNOR, WHO

WANTS TO BE THE LEADER OF THIS STATE, CANNOT RELY ON THE TRUE EXPERTS, THE

ONES THAT HAVE BEEN TRAINED TO DO THIS, THE ONES THAT KNOW WHAT'S GOING

ON BACK IN OUR HOME DISTRICTS.

SO THIS IS WHY THIS AMENDMENT IS SO IMPORTANT,

BECAUSE IF WE DON'T PASS THIS AMENDMENT AND WE GO ON AND PASS THE

BILL, HE'S STILL GOING TO HAVE CONTROL OVER -- OVER THESE VACCINES. HE'S

GOING TO HAVE CONTROL OVER THE -- THE DISTRIBUTION OF WHERE THEY GO,

WHO'S GETTING THEM. LET THEM DECIDE BACK IN OUR LOCAL DISTRICTS, BACK

IN OUR LOCAL COUNTIES. THEY KNOW WHO'S THERE, WHO'S IMPORTANT, WHAT'S

GOING ON. OUR STATE IS SO VAST AND SO DIFFERENT.

SO I'M JUST URGING MY COLLEAGUES, AGAIN, ON BOTH SIDES

OF THE AISLE, THINK ABOUT WHAT THIS IS. I'VE GOT A WHOLE BUNCH MORE

STUFF TO SAY, BUT I'LL SAVE THAT FOR LATER. WE NEED TO PASS THIS

AMENDMENT. WE NEED TO GIVE THE POWER BACK, NOT TO US, BUT BACK TO

THE PEOPLE BACK HOME, TO THE PEOPLE THAT KNOW WHAT THEY'RE DOING, TO

THE PEOPLE THAT CAN ADMINISTER THE VACCINES, KNOW WHAT GROUP TO -- TO

REACH OUT TO AND MAKE IT HAPPEN. LET'S LET OUR PEOPLE -- LET'S LET THE

EXPERTS IN NEW YORK STATE DO THEIR JOB.

NYS ASSEMBLY MARCH 5, 2021

SO, PLEASE, SERIOUSLY CONSIDER VOTING FOR THIS

AMENDMENT. WE NEED TO DO THIS NOT FOR US AS A BODY, BUT FOR THE

PEOPLE THAT WE REPRESENT, THAT WE ALL REPRESENT IN THIS GREAT STATE OF

NEW YORK. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BYRNES -- MS. BYRNES. I'M SORRY. BOY, I'M...

(LAUGHTER)

MS. BYRNES: THAT'S ALL RIGHT. MR. SPEAKER, CAN I

BE HEARD ON THE AMENDMENT?

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

MA'AM.

MS. BYRNES: THANK YOU, SIR. LOOK, THIS IS THE LAST

GOOD CHANCE WE HAVE TO REASSERT OURSELVES AS A LEGISLATURE IN ORDER TO

HAVE THREE COEQUAL BRANCHES OF GOVERNMENT. I CAN'T STRESS HOW

IMPORTANT IT IS FOR ANY DEMOCRACY TO BE ABLE TO HAVE THAT POWER VESTED

WITH THIS BODY, AND TO CEDE IT CONTINUOUSLY TO THE EXECUTIVE DOES

NOTHING. IT DOESN'T ALLOW ANY OF US TO GO HOME AND FOSTER ANY RESPECT

FOR DEMOCRACY IN OUR DISTRICTS.

I WANT TO SUPPORT THE AMENDMENT AND URGE EVERYBODY

TO VOTE FOR IT. TRULY, THIS IS THE ONLY WAY WE, AS A BODY, CAN ASSERT ANY

AUTHORITY AND RUN THIS GOVERNMENT -- AND HELP RUN THIS GOVERNMENT.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU,

ASSEMBLYWOMAN.

MR. SALKA.

NYS ASSEMBLY MARCH 5, 2021

MR. SALKA: MR. SPEAKER, ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. SALKA: THANK YOU, SIR. ONE OF THE MOST

COMPELLING ARGUMENTS I HEARD TODAY AMONGST ALL MY OTHER COLLEAGUES

IS ONE FROM ASSEMBLYWOMAN WALSH WHO BROUGHT UP THE ISSUE OF TRUST.

NEWS FLASH, LADIES AND GENTLEMEN, PEOPLE DON'T TRUST THIS GOVERNOR

ANYMORE. THEY DON'T TRUST HIS SCIENCE OR PSEUDOSCIENCE, THEY DON'T

TRUST HIM TO KEEP HIS WORD. THEY DON'T TRUST THE PEOPLE AROUND HIM.

READ THE MOST RECENT ARTICLES IN THE NEW YORK TIMES AND THE WALL

STREET JOURNAL, CASE IN POINT. THE THOUSANDS OF FAMILIES WHO LOST

LOVED ONES IN NURSING HOMES DON'T TRUST THIS GOVERNOR ANYMORE. THE

VICTIMS OF SEXUAL HARASSMENT THAT HE'S BEEN ACCUSED OF, NOT ONCE, NOT

TWICE, BUT THREE TIMES AND SAID IN HIS PRESS RELEASE THAT THEY'RE

PROBABLY OR HE'S ANTICIPATING OR WHATEVER WAY HE DECIDED TO PRESENT IT,

THERE COULD BE MORE. THE PEOPLE IN THE LEGISLATURE DON'T EVEN TRUST

THIS GOVERNOR ANYMORE. HIS POPULARITY HAS DROPPED, LOOK AT THE POLLS.

AND THAT ISN'T JUST BECAUSE PEOPLE ARE FRUSTRATED WITH HIM, THEY DON'T

TRUST HIM. THEY DON'T TRUST HIS VACCINE ROLLOUT; IT'S A MESS.

SO WHEN WE NEED THAT TRUST IN GOVERNMENT, WHEN WE

NEED THAT TRUST IN THE PEOPLE WHO HAVE ELECTED US TO LEAD, WHEN THAT

TRUST IS SUCH A CRITICAL ELEMENT IN SUCH CHALLENGING TIMES AS WHAT WE'RE

SEEING HERE, WHEN THAT TRUST IS GONE, THOSE PEOPLE AREN'T GOING TO LISTEN

TO US. THOSE PEOPLE AREN'T GOING TO TRUST US, AND THEY CERTAINLY DON'T

TRUST THIS GOVERNOR. SO WHAT WE'RE LOOKING AT TODAY IS TO PASS A BILL, IF

NYS ASSEMBLY MARCH 5, 2021

WE DON'T PASS THIS AMENDMENT, AND I'M HOPING AND PRAYING THAT WE DO,

BUT IF WE PASS A BILL THAT GIVES THIS GOVERNOR PRETTY MUCH UNLIMITED

POWERS, CONTINUES HIS REIGN OF POWER THAT HE HAS SHOWN QUITE

IRRESPONSIBLY FOR THE PAST YEAR TO BE ABLE TO HANDLE, IF IN FACT THIS BILL IS

PASSED, I CAN GUARANTEE YOU, LADIES AND GENTLEMEN, THIS WON'T INCREASE

THE TRUST THAT THIS -- PEOPLE HAVE IN THIS GOVERNMENT AND THIS GOVERNOR,

THIS WILL WHITTLE AWAY AT IT.

WE NEED TO MAKE SURE THAT THE COEQUAL FORM OF

GOVERNMENT IS RESTORED, THAT WE DO OUR JOBS THAT WE WERE GIVEN BY THE

PEOPLES OF OUR DISTRICTS AND WE GET THAT TRUST BACK. SO I URGE MY

COLLEAGUES ON BOTH SIDES OF THE AISLE TO PLEASE PASS THIS AMENDMENT SO

THAT WE CAN GET TRUST BACK WHERE IT BELONGS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

ASSEMBLYWOMAN MILLER.

MS. MILLER: CAN YOU HEAR ME?

ACTING SPEAKER AUBRY: YES, WE CAN.

MS. MILLER: OKAY. THANK YOU.

ON THE AMENDMENT, PLEASE, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE AMENDMENT.

MS. MILLER: THANK YOU. SO, YOU KNOW, A COUPLE

OF DAYS AGO WHEN WE BROUGHT UP OUR -- OUR HOSTILE AMENDMENT AND WE

GAVE, EQUAL TO TODAY, VERY COMPELLING REASONS WHY WE FELT SO STRONGLY

ABOUT OUR AMENDMENT VERSUS ANY OTHER BILL. IT WAS BEFORE WE HAD THIS

BILL IN FRONT OF US. AND I WAS SHOCKED WHEN THE AMENDMENT VOTE CAME

AND NOT ONE OF MY COLLEAGUES ACROSS THE AISLE HAD VOTED FOR THE

NYS ASSEMBLY MARCH 5, 2021

AMENDMENT. AND I WAS REALLY SHOCKED CONSIDERING THAT SO MANY OF

YOU HAVE BEEN VOCAL IN WHETHER THE GOVERNOR SHOULD HAVE FULL

EXECUTIVE AUTHORITY STILL, WHETHER HE SHOULD STILL BE IN OFFICE. THERE

HAVE BEEN, YOU KNOW, MANY, MANY COMMENTS AND STATEMENTS THAT

WE'VE ALL READ AND SEEN. AND I WAS REALLY SHOCKED THAT NOT ONE PERSON

VOTED FOR OUR AMENDMENT. BUT THAT WAS BEFORE THIS BILL WAS PUT IN

PLACE, AND I UNDERSTAND THAT YOU WERE BEING TOLD THAT THERE WAS A DEAL

BEING STRUCK AND THERE WAS GOING TO BE A BILL TO REPEAL HIS FULL

EXECUTIVE AUTHORITY.

NOW KNOWING THE FULL DETAILS OF THAT BILL AND HOW IT

REALLY ONLY EXTENDS HIS AUTHORITY, NOT REPEALS IT IN ANY WAY, I REALLY

HOPE THAT YOU CAN DO THE RIGHT THING TODAY. AS THE GOVERNOR LIKES TO

SAY, DO THE RIGHT THING. I REALLY HOPE THAT WE ARE ALL GOING TO DO THE

RIGHT THING. THAT BILL DOES NOT TAKE AWAY ANY POWER FROM THIS

GOVERNOR, IT JUST EXTENDS IT AS MY COLLEAGUES HAVE ALL SAID. SO I URGE

YOU, PLEASE, TO EXTEND -- TO VOTE YES ON THIS AMENDMENT. THANK YOU.

ACTING SPEAKER AUBRY: MR. ANGELINO.

MR. ANGELINO: MR. SPEAKER, ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. ANGELINO: I'LL BE BRIEF, BUT I CAN'T REPEAT

ANYTHING THAT HASN'T ALREADY BEEN SAID BY MY COLLEAGUES ANY BETTER.

BUT DON'T LET THE BREVITY OF MY MESSAGE BE ANY LESS IMPORTANT. THE

BILL-IN-CHIEF WITHOUT MY COLLEAGUE'S AMENDMENT, PARTICULARLY THE TITLE

OF THE BILL-IN-CHIEF, IS ONLY GOING TO SERVE TO CAUSE CONFUSION AND

NYS ASSEMBLY MARCH 5, 2021

ULTIMATELY FRUSTRATION WITH THE PEOPLE OF THE 122ND ASSEMBLY DISTRICT.

THAT'S A HUGE DISTRICT COVERING LARGE SWATHS IN FOUR COUNTIES, AND THE

PEOPLE IN THAT DISTRICT ARE LOOKING FOR A LIGHT AT THE END OF THE TUNNEL.

WHEN I READ THE BILL-IN-CHIEF, THE ONLY THING THAT I CAN

SEE THAT IS BEING REPEALED IS THE EXPIRATION DATE OF APRIL 30TH. AND

WITH THAT BEING REPEALED, THE GOVERNOR'S EXTRAORDINARY POWERS CAN GO

ON INTO PERPETUITY. AND JUST BECAUSE OF THAT, I THINK I -- WE NEED THIS

AMENDMENT TO PASS WITH VOTES FROM BOTH SIDES OF THE AISLE BECAUSE IT IS

THE RIGHT THING TO DO. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. ANGELINO.

MR. ANGELINO: THAT WAS ME, SIR.

ACTING SPEAKER AUBRY: OH, I'M SORRY. WE --

YOUR BREVITY WAS -- WAS SO REFRESHING, I WANTED TO ENCOURAGE IT.

MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. SIMPSON: THANK YOU. I WANT TO THANK, YOU

KNOW, MY COLLEAGUE FOR PUTTING FORTH THIS AMENDMENT, IT'S THE RIGHT

THING TO DO. AND I JUST WANT TO TALK ABOUT AN EXPERIENCE I HAD LAST

NIGHT, AND I KNOW WE'VE SEEN HEADLINES AND HAVE HIGHLIGHTED THIS, BUT I

STAYED AT A HOTEL HERE IN ALBANY AND I DECIDED AFTER DINNER I WAS GOING

TO GO AND HAVE A GLASS OF WINE. AND I ORDERED MY GLASS OF WINE AND I

NYS ASSEMBLY MARCH 5, 2021

WAS TOLD THAT I NEEDED TO ORDER FOOD. SO, THE CHOICE WAS APPLE PIE OR

CHEESECAKE. I CHOSE THE CHEESECAKE. BUT, YOU KNOW, IT REMINDED ME

OF, YOU KNOW, THE -- THE POTATO CHIPS, "CUOMO CHIPS," AND WHETHER,

YOU KNOW, PEOPLE NEEDED TO BE EATING TO PROTECT THEMSELVES FROM

COVID TO ENJOY A GLASS OF WINE IN A RESTAURANT. THAT'S JUST AN

EXAMPLE OF THE OVERREACH OF THIS GOVERNOR, THE UNCHECKED POWER THAT

HE HAS ENJOYED OVER THE LAST YEAR. AND I BELIEVE THOSE DECISIONS WERE

MADE POLITICALLY UNDER PRESSURE RATHER THAN WHAT'S RIGHT FOR THE PEOPLE

OF THE STATE OF NEW YORK. AND I THINK IT'S TIME, WHICH IS TODAY, TO

REPEAL THOSE EXTRAORDINARY EXECUTIVE POWERS.

SO I WANT TO ASK ALL OF MY COLLEAGUES ON BOTH SIDES OF

THE AISLE, THE ENTIRE NEW YORK STATE ASSEMBLY, TO PLEASE END THIS REIGN

OF UNCHECKED POWER. DO THE RIGHT THING. LET'S ALL LEAD IN A COEQUAL

BRANCH OF GOVERNMENT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GALLAHAN.

MR. GALLAHAN: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. GALLAHAN: I'D LIKE TO THANK MY COLLEAGUES

FOR BRINGING THIS AMENDMENT FORTH. A YEAR AGO THIS LEGISLATIVE BODY

GAVE THE GOVERNOR THESE EXTRAORDINARY EMERGENCY POWERS AND HE TOOK

TOTAL CONTROL ON HANDLING THIS PANDEMIC. HE FAILED -- FAILED US IN MANY

WAYS, INCLUDING NURSING HOME DEATHS, ALLEGATIONS OF SEXUAL

NYS ASSEMBLY MARCH 5, 2021

HARASSMENT. AND JUST THIS MORNING I'M READING THE REPORT FROM THE

WALL STREET JOURNAL -- JOURNAL ABOUT THE ALTERED REPORT FROM HIS

ADVISORS FOR THE NURSING HOME DEATHS. THE LEGISLATOR -- LEGISLATURE IS

SUPPOSED TO BE A COEQUAL BRANCH OF GOVERNMENT TO THE EXECUTIVE, BUT

FOR -- FOR -- BUT IT'S BEEN ANYTHING BUT THAT SINCE THE DAY THAT THIS POWER

WAS GIVEN. WE WERE WATCHING FROM OUR HOMES AND OFFICES AS THE

GOVERNOR ANNOUNCES HIS PRESS CONFERENCES, EXECUTIVE ORDER AFTER

EXECUTIVE ORDER, AND THIS IS -- AND THIS IS HOW A COEQUAL BRANCH OF

GOVERNMENT SHOULD BE INFORMED OF EXECUTIVE ORDERS? THAT'S NOT WHY

I RAN FOR OFFICE. AS MY COLLEAGUES MENTIONED EARLIER, PHONE CALLS FROM

OUR CONSTITUENTS, I WANT TO SHARE WITH YOU ONE THAT I HAD LAST NIGHT.

THIS CONSTITUENT OF MINE OWNS A CATERING BUSINESS, AND SHE SAW THE

HEADLINES AND SAID, MY GOD, WE'RE GOING TO BE BACK IN BUSINESS THIS

YEAR. IT'S SUCH A WONDERFUL FEELING. WE CAN GO BACK OUT AND WE CAN

DO GREAT THINGS FOR THE COMMUNITY. WE CAN HOST WEDDINGS. WE CAN --

WE CAN -- WE CAN HOST RECEPTIONS, WE CAN HOST GRADUATION PARTIES NOW

AT PEOPLE'S HOMES. THIS IS GOING TO BE WONDERFUL. AND I SAID, IF THIS

BILL PASSES, NONE OF THAT'S POSSIBLE. I'M SORRY. I'M SORRY TO INFORM YOU

OF THAT. AND THERE WAS DEAD SILENCE ON THE OTHER END OF THE PHONE.

AND THAT PERSON THAT I WAS TALKING TO WAS MY WIFE. WE ARE SMALL

BUSINESS OWNERS. WE TOOK IT ON THE CHIN LAST YEAR, BUT WE MADE IT

THROUGH. BUT I'M TELLING YOU SOMETHING RIGHT NOW, WE AREN'T MAKING IT

THROUGH THIS YEAR. WE'RE GOING TO BE DONE.

SO I WOULD ENCOURAGE EVERYONE TO VOTE IN THE

AFFIRMATIVE ON THIS AMENDMENT. THANK YOU.

NYS ASSEMBLY MARCH 5, 2021

ACTING SPEAKER AUBRY: THANK YOU.

MR. BYRNE.

MR. BYRNE: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT.

MR. BYRNE: THANK YOU, MR. SPEAKER. YOU KNOW,

I'M IN MY THIRD TERM NOW IN THE STATE ASSEMBLY, AND I'VE BEEN ABLE TO

LISTEN AND LEARN A LOT FROM MY COLLEAGUES IN THE MAJORITY AND IN THE

MINORITY. IN FACT, I THINK THIS PAST YEAR I'VE SPOKEN MORE IN THE

CHAMBERS THAN I DID IN THE ENTIRE FIRST TWO TERMS. AND AGAIN, IT'S NOT

BECAUSE WE LIKE TO HEAR OURSELVES TALK, BUT THESE ARE EXTREMELY

IMPORTANT ISSUES. AND IT WAS MENTIONED EARLIER ABOUT THE DEBATE THAT

WE HAD ALMOST A YEAR AGO THAT GRANTED THE GOVERNOR THESE -- THESE

EXECUTIVE POWERS TO BEGIN WITH, AND I'M REMINDED THAT MANY OF THE

DEBATE WAS ACTUALLY SPEARHEADED BY MEMBERS OF THE MAJORITY THAT

RIGHTFULLY WARNED ABOUT HOW THE GOVERNOR COULD ABUSE THIS NEW

DIRECTIVE POWERS. THEY ALSO ACKNOWLEDGED THAT THE GOVERNOR STILL HAD

EMERGENCY POWERS THAT ALREADY EXISTED. HE HAD THE ABILITY TO MANAGE

AN EPIDEMIC. AND -- AND A LOT OF THE THINGS THAT WE'RE TALKING ABOUT

WITH THIS AMENDMENT WOULD BRING IT BACK TO THE WAY IT WAS BEFORE HE

HAD THESE EXTRAORDINARY DIRECTIVE POWERS. NOW, WE CAN SAY THAT, OH,

THESE ARE DIRECTIVES, THEY'RE NOT LAWS. BUT ANYONE THAT WATCHED THE

GOVERNOR'S PRESS BRIEFINGS WOULD -- WOULD UNDERSTAND THAT THE

GOVERNOR HIMSELF HAS -- HAS TRIED TO SUGGEST THAT THESE DIRECTIVES ARE,

IN FACT, LAWS. THAT SHOULD SHAKE EVERYONE TO THEIR CORE. THEY'RE NOT

NYS ASSEMBLY MARCH 5, 2021

LAWS. WE PASS LAWS. THE LEGISLATURE PASSES LAWS. I ALSO WANTED TO

MAKE A SPECIFIC POINT BECAUSE I KNOW HOSTILE AMENDMENTS DO GET ON

THE FLOOR, AND I DON'T WANT TO HAVE ANY EXCUSES BY OUR COLLEAGUES IN

THE MAJORITY AS TO WHAT THIS BILL ACTUALLY DOES. ALL RIGHT? IT IS VERY

SIMPLE. IT BRINGS IT BACK TO WHAT IT WAS BEFORE WE GRANTED THESE

ADDITIONAL EMERGENCY POWERS. IF YOU WANT TO LOOK UP THE BILL, THE

SENATE BILL NUMBER IS 4888. IT'S THAT SIMPLE. WE'RE STRIKING THE

BILL-IN-CHIEF AND REPLACING IT WITH S.4888.

I ALSO WANT TO JUST COMMENT ON SOME THINGS THAT WERE

SAID BY OUR COLLEAGUES EARLIER REFERENCING THE BILL-IN-CHIEF. YOU KNOW,

WE HEAR THAT IT'S GOING TO STRIP AWAY THE -- THE GOVERNOR'S TEMPORARY

EMERGENCY POWERS. BUT THERE'S ALWAYS A BUT. AND THERE LITERALLY IS THE

WORD "BUT" IN THE BILL, AND EXTENDS HIS DIRECTIVE POWERS TO CONTINUE.

SO I JUST WANT TO AGAIN ENCOURAGE ALL MY COLLEAGUES TO

VOTE IN FAVOR OF THIS AMENDMENT. I DON'T KNOW WHEN WE'RE GOING TO

HAVE ANOTHER OPPORTUNITY TO DO THIS, AND I THINK THAT'S IMPORTANT FOR

MEMBERS OF THE MAJORITY TO UNDERSTAND. WE'VE TRIED THIS MANY TIMES.

THIS IS THE FIRST TIME WE HAVE A GERMANE VOTE. YOU KNOW, WE COULD

SAY WE COULD PULL UP ANOTHER BILL IN THE FUTURE, BUT MAYBE YOU WON'T

HAVE ANOTHER CHANCE. WE DON'T KNOW. PLEASE, I ENCOURAGE YOU ALL TO

STAND UP AND VOTE YES IN FAVOR OF THIS HOSTILE AMENDMENT. I DON'T

QUOTE THE MAYOR OF NEW YORK CITY VERY OFTEN, BUT AGAIN, I SAID IT

YESTERDAY DURING -- IN THE CHAMBERS, I'LL SAY IT AGAIN. WE CANNOT LIVE

IN A STATE OF EMERGENCY FOR THE REST OF OUR LIVES, AND WE CERTAINLY

SHOULD NOT BE ALLOWING THIS GOVERNOR THIS POWER ANY LONGER. THANK

NYS ASSEMBLY MARCH 5, 2021

YOU.

ACTING SPEAKER AUBRY: MR. MILLER.

MR. MILLER: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. MILLER: IT'S ALWAYS EASY GOING AFTER ALL MY

COLLEAGUES AND THEY'VE BROUGHT UP -- THEY'VE BROUGHT UP MANY POINTS.

I WAS -- I JUST CAME FROM CARDIAC REHAB, AND WHILE I WAS ON THE

TREADMILL THERE WAS -- THERE WAS ALL MY COLLEAGUES THERE IN REHAB

ASKING ME HOW THE VOTE WAS GOING TO GO ON TODAY ON REPEALING THE

GOVERNOR'S EXECUTIVE POWERS. WELL, I EXPLAINED TO THEM THAT THE BILL

DOESN'T DO EXACTLY WHAT IT'S SAID TO DO. BEING AN ENGINEER ALL MY LIFE,

WE LOOK AT SITUATIONS WITH -- BY DOING A ROOT CAUSE ANALYSIS AND A

CORRECTIVE ACTION PLAN. WELL, EVERYONE IN THIS CHAMBER HAS LOOKED AT

THE ROOT CAUSE ANALYSIS, BUT -- BUT THE BILL THAT'S BEEN BROUGHT UP BEFORE

US DOESN'T GIVE A CORRECTIVE ACTION PLAN. OUR AMENDMENT GIVES A

CORRECTIVE ACTION PLAN HERE. AND I'M ASKING ALL MY COLLEAGUES TO VOTE

IN FAVOR OF THIS -- OF THIS AMENDMENT TO PUT A CORRECTIVE ACTION PLAN IN

PLACE AND MOVE THE STATE FORWARD.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MR.

MILLER. HAVING BEEN IN CARDIAC REHAB, I WISH YOU CONTINUED SUCCESS.

KEEP UP THE WORK. THE MORE YOU WORK, THE BETTER YOU'LL BE. THANK

YOU.

NYS ASSEMBLY MARCH 5, 2021

MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

GIGLIO.

MS. GIGLIO: ON THE AMENDMENT AND ON THE BILL.

THE BILL-IN-CHIEF THAT THIS AMENDMENT SERVES TO CORRECT IS AN EXTENSION

OF THE GOVERNOR'S EXECUTIVE POWERS WITH NO END IN SIGHT. HOW MUCH

LONGER ARE WE GOING TO ALLOW ONE PERSON TO MAKE THE DECISIONS FOR US?

THE AMENDMENT DOES WHAT OUR COMMUNITIES HAVE BEEN ASKING US TO

DO -- ASKING US AS LEGISLATORS TO DO: REPEAL HIS POWERS. YOU ALL HAVE

TO HEAR WHAT I'M HEARING IN MY COMMUNITIES. WE, AS A LEGISLATIVE

BODY, NEED TO REVIEW ANY PROPOSED ORDERS AND EXTENSIONS. WE NEED

TO DO OUR JOBS. THE MINORITY PARTY IS NOT EVEN INCLUDED IN THIS BILL FOR

NOTIFICATION OF EXTENSIONS AND MODIFICATIONS. WE, THE MINORITY, ARE

LEFT IN THE DARK. THE BILL-IN-CHIEF DOES NOT INCLUDE ANY NOTIFICATION.

IT'S SIMPLY PARTISAN AND UNFAIR. IT'S UNFAIR. WE NEED TO WORK

COLLABORATIVELY WITH THE GOVERNOR AND DECIDE WHAT MAKES SENSE FOR

OUR COMMUNITIES AND BUSINESSES AND KIDS. WE NEED TO GET NEW YORK

OFF OF LIFE SUPPORT, GET PEOPLE VACCINATED, GET PEOPLE BACK TO WORK,

BACK TO SCHOOL AND ALLOW OUR BUSINESSES TO THRIVE. WE NEED TO MAKE

THOSE DECISIONS. ARBITRARY DECISIONS ARE BEING MADE THAT MAKE NO

SENSE. THERE'S NO RHYME OR REASON. FOR EXAMPLE, CATERING HALLS AND

RESTAURANTS AND ALL THE ANCILLARY BUSINESSES THAT SERVE THEM. THE

NUMBERS ARE ARBITRARY. IT DOESN'T MATTER HOW BIG THE FACILITY IS, THEY

NYS ASSEMBLY MARCH 5, 2021

ARE ALL UNDER THE SAME NUMBER. WHY NOT PERCENTAGES BASED ON

SEATING? THOSE ARE THINGS THAT WE SHOULD BE DISCUSSING AS A LEGISLATIVE

BODY. WHY IS IT OKAY TO DANCE WITH PEOPLE THAT ARE SEATED AT YOUR

TABLE IN A SIX-FOOT CIRCLE, SIX FEET APART FROM OTHERS, BUT OUR KIDS

PLAYING MUSICAL INSTRUMENTS IN SCHOOLS HAVE TO BE 12 FEET APART?

MUSIC ROOMS IN SCHOOLS HAVE BECOME STORAGE FACILITIES SO SOCIAL

DISTANCING IN CLASSROOMS CAN BE ACCOMPLISHED. OUR ART PROGRAMS HAVE

BEEN DROPPED. TOURISM HAS BEEN SHUT DOWN, AND OUR ECONOMY HAS

BEEN CRUSHED BY THESE ORDERS. BY GIVING HIM AND NOW EXTENDING THESE

POWERS, WHICH IS WHAT THE BILL-IN-CHIEF DOES, YOU ARE ALLOWING HIM TO

SEND COVID PATIENTS BACK INTO NURSING HOMES. WE CANNOT CONTINUE

ON THIS PATH. THE EXECUTIVE POWERS HAVE RESULTED IN DEATH AND

UNCERTAINTY. WE, AS ELECTED OFFICIALS, NEED TO REPRESENT OUR

COMMUNITIES. MY COLLEAGUE SAID IT BEST ABOUT AN HOUR AGO: IT'S ABOUT

TRUTH AND TRUST. THE RESIDENTS OF THE STATE OF NEW YORK HAVE LOST FAITH

AND TRUST IN US. WHEN YOU VOTE ON THIS AMENDMENT, THINK OF OUR KIDS.

THINK OF THEIR HOPES AND DREAMS THAT HAVE BEEN CRUSHED BY THESE

EXECUTIVE POWERS. SUICIDES. KIDS THAT ARE SCHOLARS IN SCHOOL THAT ARE

MAGNIFICENT SPORTS, QUARTERBACKS. IN MY COMMUNITY A SCHOLAR, A

QUARTERBACK WITH A BRIGHT FUTURE COMMITTED SUICIDE. YOU HAVE TO THINK

OF OUR KIDS. YOU HAVE TO THINK OF OUR COMMUNITIES. YOU HAVE TO THINK

OF OUR BUSINESSES. YOU HAVE TO THINK OF YOUR NEIGHBORS. ONE PERSON

MAKING ALL OF THESE DECISIONS FOR US IS UNACCEPTABLE. THE TIME HAS

COME. OUR BUSINESSES SEE AN END IN SIGHT. THEY SAY, OH, APRIL 30TH

WE'RE DONE. I'M GETTING PHONE CALLS -- YOU HAVE TO BE GETTING THE

NYS ASSEMBLY MARCH 5, 2021

PHONE CALLS -- IT'S DONE APRIL 30TH. NO, NO. IT'S EXTENDED. HE CAN DO

WHATEVER HE WANTS AND WE HAVE NO SAY. WE DON'T EVEN GET NOTIFIED.

IT'S PREPOSTEROUS.

I IMPLORE YOU ALL TO VOTE FOR THE AMENDMENT. LET'S

END HIS POWERS, LET'S GET BACK TO WORK. LET'S DO THE RIGHT THING. THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

GIGLIO.

MR. PALMESANO.

MR. PALMESANO: YES, ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. PALMESANO: YES. LET'S BE VERY CLEAR TO MY

COLLEAGUES ON THE OTHER SIDE OF THE AISLE. THIS AMENDMENT BEFORE YOU

IS THE ONLY ACTION WE CAN TAKE AND DECISION WE CAN TAKE TODAY THAT WILL

SERIOUSLY AND FINALLY RESTORE CHECKS AND BALANCES BACK TO OUR STATE

GOVERNMENT. UNFORTUNATELY, OUR FRIENDS AND COLLEAGUES ON THE OTHER

SIDE OF THE AISLE, YOU'VE CONTINUED TO DEMONSTRATE THROUGH YOUR ACTIONS

OR LACK THEREOF, YOU ARE TOTALLY FINE WITH THE GOVERNOR RUNNING THIS

STATE UNCHECKED, WITHOUT LEGISLATIVE OVERSIGHT, WHETHER YOU CONTINUE

TO VOTE AGAINST THIS AMENDMENT OR NOT BRINGING UP ANY ELIMINATIONS OF

HIS EXECUTIVE ORDERS. MY COLLEAGUES, YOU CAN CHANGE THAT HERE TODAY

BY VOTING FOR THIS AMENDMENT RIGHT HERE, RIGHT NOW. YOU CAN SEND A

MESSAGE TO THE PEOPLE OF OUR STATE THAT YOU ARE ON THEIR SIDE. VOTING --

BUT VOTING AGAINST THIS AMENDMENT CLEARLY SHOWS YOU ARE SIDING WITH

NYS ASSEMBLY MARCH 5, 2021

THE GOVERNOR OVER YOUR CONSTITUENTS. MAKE NO MISTAKE ABOUT IT.

THAT'S WHAT THIS VOTE REPRESENTS. WHOSE SIDE ARE YOU ON, THE

GOVERNOR'S OR YOUR CONSTITUENTS? ARE YOU ON THE SIDE OF YOUR FAMILIES

AND NEIGHBORS OR THE GOVERNOR? ARE YOU ON THE SIDE OF THE SMALL

BUSINESS OWNERS, THE GYM OWNERS, THE RESTAURANT AND BAR OWNERS OR THE

GOVERNOR? ARE YOU ON THE SIDE OF OUR KIDS AND OUR STUDENTS WHO WANT

TO BE IN SCHOOL FIVE DAYS A WEEK. WHO WANT TO ATTEND THEIR PROM.

WHO WANT TO PLAY SPORTS. WHO WANT TO PARTICIPATE IN ARTS AND MUSIC.

ALL OF THESE -- ALL OF THESE INDIVIDUAL GROUPS HAVE BEEN ABSOLUTELY

CRUSHED BY THE GOVERNOR'S CLOSURES, SHUTDOWNS AND RESTRICTIONS. SO

AGAIN, I ASK YOU: WHOSE SIDE ARE YOU ON, THE GOVERNOR'S OR YOUR

CONSTITUENTS? MAKE NO MISTAKE ABOUT IT, MY COLLEAGUES. THE PUBLIC

WANTS A COEQUAL BRANCH OF GOVERNMENT. THEY WANT CHECKS AND

BALANCES. THE GOVERNOR THINKS HE IS THE GOVERNOR [SIC]. HE HAS SAID

IT BEFORE IN HIS PRESS CONFERENCES: I AM THE GOVERNMENT. AND AS MY

COLLEAGUE MENTIONED HE CALLS HIS DIRECTIVES LAWS. YOU REMEMBER BACK

AROUND THANKSGIVING WHEN THE SHERIFFS SAID THEY WEREN'T GOING TO

ENFORCE THE IN-PERSON GATHERINGS FOR THANKSGIVING AND THE GOVERNOR

GOT OUT THERE, PUMPED HIS CHEST AND SAID, YOU CAN'T PICK AND CHOOSE

WHICH LAWS YOU ENFORCE. THEY ARE NOT LAWS. THAT JUST SHOWS HOW OUT

OF TOUCH HE HAS BECOME THROUGH THIS PANDEMIC WITH THE POWERS THAT

WE CONTINUE TO ALLOW HIM TO HAVE. LAWS HAPPEN WHEN WE PASS BILLS

AND SEND THEM TO THE GOVERNOR AND THEN HE SIGNS THEM INTO PLACE.

THEY DON'T HAPPEN JUST BECAUSE THE GOVERNOR SAYS THEY HAPPEN. WE

CAN PASS THIS AMENDMENT RIGHT HERE, RIGHT NOW AND END HIS EMERGENCY

NYS ASSEMBLY MARCH 5, 2021

POWERS. AND WE STILL HAVE THE ABILITY TO ACT ON BEHALF OF THE SAFETY OF

OUR CONSTITUENTS THROUGHOUT THIS STATE. WE HAVE THE ABILITY TO ACT, AND

ACT QUICKLY IF NEEDED TO ADDRESS AN EMERGENCY. WE CAN GET ON OUR

COMPUTERS THROUGH ZOOM ANY TIME. AT THE TIME, WE DIDN'T KNOW WHAT

THE SITUATION WAS. THERE'S NO REASON WHY WE CAN'T ACT. THE GOVERNOR

DOESN'T NEED THESE UNCHECKED POWERS. AS A LEGISLATIVE BODY WE NEED

TO BE ABLE TO DO THIS. THERE'S NO REASON FOR US, AS A LEGISLATIVE BODY, TO

CEDE OUR AUTHORITY TO THIS GOVERNOR ANYMORE. IT SHOULD'VE BEEN

STOPPED LONG, LONG AGO. WE ALL KNOW THAT, AND QUITE FRANKLY, YOU

KNOW THAT. HE WANTS US TO CEDE HIS AUTHORITY TO HIM. HE HAS

CONTINUED TO IGNORE US, DISRESPECT, LIE TO US, THE PUBLIC AND THE MEDIA.

AND RIGHT HERE AND NOW WE CAN SAY, NO MORE, NO LONGER. LET'S SAY NO

MORE, NO LONGER. AND WE CAN DO THAT RIGHT HERE, RIGHT NOW BY VOTING

YES FOR THIS AMENDMENT.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BROWN.

MR. BROWN: CAN YOU HEAR ME OKAY?

ACTING SPEAKER AUBRY: YES, SIR.

MR. BROWN: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. BROWN: THIS BILL, A.5967, IS A SHAM. THE BILL

DOES NOT REVOKE THE GOVERNOR'S POWERS, BUT INSTEAD IT EXTENDS THE

STATUS QUO WHICH WOULD HAVE EXPIRED ON APRIL 30TH. THE BILL

NYS ASSEMBLY MARCH 5, 2021

CONTINUES THE SAME ARBITRARY DIRECTIVES THAT ARE KILLING OUR SMALL

BUSINESSES ACROSS THE STATE. SINCE THE CORONAVIRUS GRIPPED OUR STATE IN

MARCH OF LAST YEAR, WE'VE LEARNED A LOT ABOUT THE VIRUS. HOW IT

BEHAVES, HOW IT IS TRANSMITTED AND WHO IS SUSCEPTIBLE. THE STATE OF

EMERGENCY THAT WE FOUND OURSELVES IN LAST SPRING HAS DISSIPATED. WE

UNDERSTAND OUR NEW REALITY. BUT OUR SMALL BUSINESSES NEED OUR HELP.

THEY ARE STRUGGLING. IT'S TIME TO LIFT THE ARBITRARY CURFEWS, THE ARBITRARY

CAPACITY LIMITS AND THE 12-FOOT RULE IN OUR SCHOOLS AND RETURN TO A

GREATER SINCE OF NORMALCY. WE'VE REOPENED OUR SCHOOLS. WE RECENTLY

RETURNED HIGH SCHOOL SPORTS. WE'VE RETURNED SPECTATORS TO SPORTING

EVENTS. THERE IS NO LONGER A NEED FOR THE GOVERNOR'S EXECUTIVE --

EMERGENCY POWERS AND WE SHOULD REVOKE THEM IMMEDIATELY.

THIS ASSEMBLY, IN MY BRIEF TIME HERE, HAS SHOWN THE

ABILITY TO WORK IN A BIPARTISAN FASHION ON MEASURES. AND I'VE ALSO SEEN

THAT WE CAN DO SO QUICKLY WHEN NEEDED. IF THE GOVERNOR NEEDS A BILL

QUICKLY, HE CAN ATTACH A MESSAGE OF NECESSITY AND WE CAN HAVE A BILL

ON HIS DESK IN A DAY. IN FACT, THE GOVERNOR INITIATED THE EMERGENCY

POWERS VIA A MESSAGE OF NECESSITY. AND I WOULD SUBMIT THAT WITH

ZOOM TECHNOLOGY EMPLOYED THAT WE CAN HOLD AN EMERGENCY SESSION OF

THIS HOUSE AT ANY HOUR, DAY OR NIGHT. MODERN TECHNOLOGY HAS GIVEN

THIS LEGISLATURE THE ABILITY TO ACT QUICKLY IF NEEDED. SO THE FIVE-DAY

NOTICE PROVISION ACTS IN THE SAME MANNER, BUT WITH ONE MAJOR

DIFFERENCE: IT ALLOWS THIS BODY TO FUNCTION, AS IT -- AS IT SHOULD, AS A

CHECK ON THE EXECUTIVE'S AUTHORITY.

NOW, I DON'T UNDERSTAND WHY SOME MEMBERS ARE

NYS ASSEMBLY MARCH 5, 2021

CONTENT IN ALLOWING THE GOVERNOR TO EXTEND HIS EMERGENCY POWERS.

NOT ONLY ARE THEY NOT NECESSARY, BUT HE'S DEMONSTRATED THROUGH HIS

ACTIONS THAT HE IS NOT DESERVING OF OUR TRUST. BERATING, BULLYING AND

THREATENING MEMBERS OF THIS BODY, IGNORING HIS EXPERTS. WHY ENTRUST

HIM WITH ANY MORE EXTRAORDINARY POWERS? WE HAVE THE OPPORTUNITY

TODAY TO RESTORE THE LEGISLATURE AS A COEQUAL BRANCH OF GOVERNMENT.

AND I URGE ALL OF MY COLLEAGUES ON BOTH SIDES OF THE AISLE TO SEND A

CLEAR AND UNEQUIVOCAL MESSAGE TO THE GOVERNOR THAT HIS TACTICS WILL NOT

BE TOLERATED BY THIS ASSEMBLY. SEND A CLEAR MESSAGE TO THE SMALL

BUSINESSES OF THIS STATE THAT WE ARE HERE TO HELP YOU GET THROUGH THIS

CRISIS, AND SEND A CLEAR MESSAGE TO THE PEOPLE WHO ELECTED US THAT THE

POWER OF DEMOCRACY IS RIGHTFULLY RESTORED TO THE PEOPLE OF THIS STATE.

FOR THESE REASONS AND MANY, MANY OTHERS, I WILL BE

VOTING IN FAVOR OF THIS AMENDMENT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. DURSO.

MR. DURSO: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT.

MR. DURSO: OBVIOUSLY, MR. SPEAKER, THIS

AMENDMENT IS SO IMPORTANT. AND -- AND FIRST I WANT TO APOLOGIZE TO ALL

THE MEMBERS OF THE ASSEMBLY FOR ME NOT BEING THERE IN PERSON. I

THINK THAT A BILL LIKE THIS THAT'S COMING UP, AN AMENDMENT LIKE THIS

THAT'S COMING UP, DESERVES A -- A PERSONAL VISIT, EVEN ON A FRIDAY, TO

THE ASSEMBLY CHAMBER. BUT LIKE SO MANY OTHERS, I HAVE CHILD CARE

NYS ASSEMBLY MARCH 5, 2021

ISSUES TODAY BECAUSE MY WIFE HAS TO VOLUNTEER HER TIME AT HER FAMILY'S

SMALL BUSINESS. SMALL BUSINESSES LIKE SO MANY OTHERS THAT HAVE

STRUGGLED AND HAD TO DO WHAT THEY CAN THROUGH THIS TIME, THROUGH THIS

PANDEMIC, TO JUST STAY AFLOAT, TO JUST HELP OUT. AND THAT'S WHAT FAMILY

DOES. BUT LIKE SO MANY OTHER BUSINESSES THEY'RE JUST TRYING TO HOLD ON

DUE TO THE PANDEMIC AND, FRANKLY, DUE TO THE GOVERNOR'S EXTRAORDINARY

POWERS AND SOME OF HIS DIRECTIVES. THIS AMENDMENT IS SO IMPORTANT TO

BRING POWER BACK TO THE PEOPLE IN THIS STATE. LIKE SO MANY OTHERS

HAVE SAID -- AND -- AND I DON'T WANT TO KEEP REPEATING IT, BUT WHETHER --

WHATEVER SIDE OF THE AISLE YOU'RE SITTING ON, WE ALL GET THE SAME PHONE

CALLS FROM SMALL BUSINESSES, FROM OUR CONSTITUENTS. AND I ALWAYS SAY I

HATE THAT WORD. THEY'RE OUR RESIDENTS THAT LIVE IN OUR DISTRICTS. I

RECEIVED ONE THIS MORNING THAT I'VE BEEN IN CONTACT WITH HER A COUPLE

OF TIMES THAT CALLED ME AND SAID, IS IT TRUE NOW, AM I NOW GOING TO BE

ABLE TO HAVE MY WEDDING NEXT MONTH? MY DREAM WEDDING THAT I HAVE

BEEN PLANNING ON AND SPENT SO MUCH MONEY ON TO HAVE THE WAY THAT

WE WANTED IT. AND I HATE TO SAY IT, BUT MY ANSWER HAD TO BE NO. NO,

BECAUSE EVEN IF THIS BILL-IN-CHIEF IS VOTED ON TODAY WE'RE STILL LOOKING

AT LEAST 30 DAYS OUT BEFORE ANYTHING CHANGES FOR ANY OF THESE PEOPLE.

THAT'S ANOTHER MONTH OF SMALL BUSINESSES SUFFERING. THAT'S ANOTHER

MONTH OF OUR CHILDREN IN SCHOOL SUFFERING, WHETHER IT'S FOR BAND OR FOR

SPORTS OR CERTAIN OTHER ACTIVITIES. VOTING AGAINST THIS AMENDMENT IS NOT

A POLITICAL ISSUE. VOTING AGAINST THIS AMENDMENT IS NOT ABOUT POWER. I

FEEL THAT VOTING AGAINST THIS AMENDMENT IS VOTING AGAINST OUR SMALL

BUSINESSES, VOTING AGAINST OUR CHILDREN AND VOTING AGAINST OUR FUTURE AS

NYS ASSEMBLY MARCH 5, 2021

NEW YORKERS.

SO I WILL BE SUPPORTING THIS AMENDMENT. I IMPLORE

EVERYONE ON BOTH SIDES OF THE AISLE TO VOTE FOR THIS AMENDMENT. IT'S

TIME FOR THIS BODY TO GET BACK TO WORK. LET US DO WHAT WE WERE

ELECTED TO DO, AND LET US WORK FOR THE PEOPLE OF NEW YORK STATE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BARRON.

MR. BARRON: THANK YOU VERY MUCH, MR. SPEAKER.

THIS HAS BEEN A DIFFICULT ONE FOR ME, BUT HONESTLY, IT COMPELS ME TO

TELL WHAT I REALLY FEEL AND TELL THE TRUTH. YOU KNOW, SOMETIMES WHEN

SOME PEOPLE WHO ARE HYPOCRITES AND CONTRADICTORY BRING SOMETHING

FORTH THAT MIGHT BE GOOD, YOU MIGHT HAVE A TENDENCY TO BE SUPPORTIVE

OF IT. I WANT TO REMIND US OF A STORY THAT WE OFTEN TELL IN THE CHURCH

ABOUT A LADY WHO WAS PRAYING FOR BREAD. AND THESE TWO MISCHIEVOUS

LITTLE BOYS WERE LOOKING IN HER WINDOW, WATCHING HER PRAY FOR BREAD.

AND THEY WENT TO THE STORE, THEY BOUGHT A LOAF OF BREAD. THEY PUT IT ON

HER DOORSTEP, KNOCKED ON THE DOOR, RAN BEHIND A BUSH, AND WHEN THE

WOMAN CAME OUT SHE SAID, AH, THE LORD BROUGHT ME SOME BREAD. AND

THEY CAME OUT AND LAUGHED AT HER. HA HA. NO, HE DIDN'T. WE BROUGHT

IT. AND SHE SAID, THE DEVIL MAY HAVE BROUGHT IT, BUT GOD SENT IT.

SOMETIMES PEOPLE WHO ARE HYPOCRITES, IN MY OPINION, SOME

CONTRADICTORY -- I'M SUPPORTING THIS BILL AND I'M SUPPORTING THE

DEMOCRAT'S BILL. I'M SUPPORTING THIS BECAUSE IT'S THE RIGHT THING TO DO.

I'M SUPPORTING THE DEMOCRATIC BILL BECAUSE IT'S SOMETHING. IT DIDN'T GO

NYS ASSEMBLY MARCH 5, 2021

FAR ENOUGH. THIS BILL DOESN'T GO FAR ENOUGH. I SUPPORT IMPEACHMENT.

BUT THE SAME PEOPLE THAT ARE SPONSORING THIS BILL AND THE -- AND THE

DEMOCRATIC BILL SUPPORTED GIVING HIM THE POWER IN THE FIRST PLACE LAST

YEAR. SOME OF US STOOD STRONG AGAINST THAT AND FOR THE PEOPLE. NEITHER

ONE OF THESE BILLS GIVE ANY POWER BACK TO THE PEOPLE. STOP IT.

NOBODY'S STUPID. THIS DOESN'T GIVE NO POWER BACK TO THE PEOPLE.

NEITHER ONE OF THESE BILLS. IF YOU REALLY WANTED TO DO SOMETHING, THEN

YOU WOULD SUPPORT THE 1777 AND THE 1786 CONSTITUTIONAL CONVENTION

THAT ALLOWS FOR YOU TO IMPEACH ONE WHO WAS ENGAGING IN HIGH CRIMES,

MISDEMEANORS. ENGAGING IN MILD AND CORRUPT BEHAVIOR IN OFFICE. AND

WHEN YOU ARE RESPONSIBLE FOR THESE DEATHS IN THE -- IN THE NURSING

HOMES BASED UPON A LACK OF REPORTING, A LACK OF HONESTY AND TRUTHFUL

REPORTING TO THE PUBLIC, VIOLATING THE PUBLIC TRUST, WHEN YOU'RE

RESPONSIBLE FOR THAT, DON'T COME WITH NO ENDING THE EMERGENCY ACT, THE

POWERS ACT BUT YOU DON'T WANT TO IMPEACH. HIS BEHAVIOR WAS AT LEAST

OBSTRUCTION. AT LEAST ABUSE OF POWER. BUT YOU DON'T WANT TO DEAL WITH

THAT SO YOU COME WITH THESE TWO BABBLES. ONE GOES A LITTLE WAYS, ONE

GOES A LITTLE FURTHER. I'M GOING TO VOTE FOR BOTH OF THEM. SO I DON'T

WANT TO HEAR NO NONSENSE ABOUT, YOU DIDN'T VOTE FOR THIS ONE. I'M

GOING TO VOTE FOR BOTH OF THEM. BUT THE POINT IS, IF YOU REALLY WANT TO

STAND UP FOR THE PEOPLE, ESPECIALLY THE SPONSORS OF THIS BILL, STOP YOUR

HYPOCRISY WHEN WE TALK ABOUT A $15 MINIMUM WAGE OR TAXING THE RICH

OR WE'RE TRYING TO GET MORE MONEY IN POVERTY PROGRAMS FOR THE POOR,

AND WHEN WE LOOK AT WELFARE PROGRAMS, STOP BLAMING THE VICTIM AND

YOU GO AGAINST ALL OF THAT, THEN YOU COME TODAY, YOU FOR THE PEOPLE.

NYS ASSEMBLY MARCH 5, 2021

HYPOCRITES. HYPOCRITES. SO IT'S NOT SO MUCH THE SPONSORS OF THESE

BILLS, IT'S THAT WE GOT TO MOVE THIS BODY REALLY FOR THE PEOPLE. AND IF

YOU WERE REALLY FOR THE PEOPLE, WE WOULD BEGIN AN IMPEACHMENT

PROCESS, AND THAT'S SIMPLY A CHARGE. THE DEATH OF OUR SENIORS IN

NURSING HOMES AT LEAST WARRANTS A CHARGE. BUT NOT YOU. YOU GOING TO

COME TO THIS LITTLE FAKE BATTLE ABOUT ONE THAT IS ABSOLUTE TAKING ALL THE

POWERS, ONE TAKES SOME OF IT AND LETS IT LAST A LITTLE LONGER. I'M VOTING

FOR BOTH OF THEM. BUT I'M GIVING CRITICAL SUPPORT OF BOTH. THIS

TWO-PARTY, RACIST, PARASITIC, COLONIAL CAPITALIST SYSTEM AND ITS RACIST

IDEOLOGY THAT PERMEATES EVERY INSTITUTION YOU'RE NOT AGAINST. YOU DEAL

WITH REPUBLICAN VERSUS DEMOCRAT, AND ON THESE ISSUES THAT AFFECT OUR

PEOPLE.

SO I'M GOING TO VOTE FOR THIS. NOT BECAUSE OF YOU.

BECAUSE I'VE SEEN SOME OF YOU THAT ARE BEHIND THIS BILL WHO ARE VERY

CONTRADICTORY WHEN IT COMES TO OTHER BILLS THAT REALLY HELP OUR PEOPLE.

THIS IS NOT A REPUBLICAN/DEMOCRAT THING. THIS IS ABOUT THE PEOPLE OF

NEW YORK STATE. THIS IS ABOUT LEADERSHIP BEING BOLD ENOUGH TO STAND

UP TO THE LEADERS IN THEIR PARTIES, SOMETIMES STAND UP TO THE GOVERNOR,

STAND UP TO THE MAYOR. THE MAYOR'S TALKING ALL OF THAT STUFF. IT'S

PROBABLY BECAUSE HE WANTS TO RUN FOR OFFICE. IT'S NOT -- IT HAS NOTHING

TO DO WITH ANY PRINCIPLES. SO I'M TIRED OF -- OF PEOPLE PARADING LIKE

THEY'RE FOR THE PEOPLE AND THE INCONSISTENCY THAT I'VE SEEN. YOU VOTED

LAST YEAR FOR A BUDGET THAT CUT $2.2 BILLION FROM MEDICAID. A BUDGET

THAT CUT $400 MILLION FROM HOSPITALS. A BUDGET THAT ROLLED BACK NO

CASH BAIL. PEOPLE WENT INTO JAIL AND CAUGHT THE COVID VIRUS. A

NYS ASSEMBLY MARCH 5, 2021

BUDGET THAT TOOK $400 MILLION OUT OF THE NYCHA CAPITAL BUDGET. A

BUDGET THAT HAD NO REVENUE PACKAGE TO MAKE THE RICH TAX. YOU WERE

WAITING FOR MONEY FROM DONALD TRUMP, AND NOW WE'RE WAITING FOR

MONEY FROM BIDEN. HYPOCRITES. YOU VOTED FOR ALL OF THAT STUFF AND

NOW YOU APPEAR LIKE YOU FOR THE PEOPLE. LIKE YOU FOR YOUR PARTY. AND

IF YOU REPUBLICANS WERE IN POWER WITH A REPUBLICAN GOVERNOR WHO

DID THE SAME THING, I WONDER WHAT YOU WOULD DO THEN. I WONDER WHAT

YOU WOULD DO THEN. SO I'M GOING TO STAND ON MY PRINCIPLES, REGARDLESS

OF WHAT IT BRINGS ME. I'M GOING TO STAND ON MY PRINCIPLES. THESE TWO

BILLS DON'T GO FAR ENOUGH. THIS GOVERNOR NEEDS TO BE IN CHECK. AND

WHEN WE GET TO THE BUDGET TIME, ALL OF YOU LOVERS OF THE PEOPLE, LET'S

SEE WHAT YOU DO DURING BUDGET TIME. AT THE END, NOT THE ONE-HOUSE

BILLS, AT THE END, LET'S SEE WHAT HAPPENS FOR THE PEOPLE THEN. LET'S SEE IF

YOU STAND FOR THE PEOPLE THEN, WHEN WE NEED MORE FOR MEDICAID AND

WE NEED MORE FOR EDUCATION. WE NEED MORE FOR ERADICATING POVERTY.

WE NEED TO PAY FOR THE CAMPAIGN FOR FISCAL EQUITY BILL THAT CHEATED

BLACK AND BROWN POOR SCHOOLS IN OUR NEIGHBORHOODS. LET'S SEE WHERE

YOU VOTE THEN. I'M VOTING FOR BOTH OF THESE BILLS CRITICALLY. CRITICAL OF

A TWO-PARTY CAPITALIST SYSTEM THAT IS EXPLOITING OUR PEOPLE, AND CRITICAL

OF PEOPLE WHO PRETEND THEY'RE FOR THE PEOPLE, PRETEND THEY'VE TAKEN ON

THE GOVERNOR, BUT THEN WHEN YOU COME TO THE MEAT OF THINGS, THE

BUDGET, THE BUDGET, YOU VOTE FOR HIS BUDGET EVERY YEAR.

I VOTE IN THE AFFIRMATIVE CRITICALLY.

ACTING SPEAKER AUBRY: MR. MCDONOUGH.

MR. MCDONOUGH: THANK YOU, MR. SPEAKER. CAN

NYS ASSEMBLY MARCH 5, 2021

YOU HEAR ME ALL RIGHT?

ACTING SPEAKER AUBRY: YES, WE CAN, MR.

MCDONOUGH.

MR. MCDONOUGH: THANK YOU.

ON THE AMENDMENT, SIR.

ACTING SPEAKER AUBRY: ON THE AMENDMENT.

MR. MCDONOUGH: AS I'M SURE THAT MANY OF MY

COLLEAGUES ON BOTH SIDES OF THE AISLE IN THE LAST SEVERAL WEEKS AND EVEN

BEFORE THAT HAVE BEEN GETTING MANY CALLS AND MANY E-MAILS. I KNOW

MY PLACE IS FLOODED WITH THEM AND I'M SURE, AS MANY OF MY COLLEAGUES

HAVE TOLD ME, THAT THEY'RE GETTING THEM, ALSO. AND THE QUESTION THEY

SAY IS, WHAT ARE YOU GOING TO DO? ME. WHAT AM I GOING TO DO ABOUT

THE GOVERNOR. WHAT AM I GOING TO DO ABOUT THESE EXTRAORDINARY

POWERS. AND AS YOU KNOW AND AS EVERYBODY KNOWS, THE GOVERNOR IS

UNDER THE GUN ON THIS ISSUE WITH THE NURSING HOMES, AND OF COURSE THE

RECENT SCANDALS THAT HAVE COME UP. BUT WE'RE TALKING ABOUT HIS

EXTRAORDINARY POWERS. AND WHAT ARE YOU GOING TO DO? WELL, I'M

GOING TO, FIRST OF ALL, SUPPORT THIS AMENDMENT AND I HOPE THAT ALL OF US

ON BOTH SIDES OF THE AISLE REALIZE HOW IMPORTANT IT IS TO DO SO. BECAUSE

ONE OF THE PEOPLE SAID TO ME ON A PHONE CALL, YOU ARE MY

REPRESENTATIVE. I AM. THAT'S TRUE. I'VE BEEN HERE -- I'M IN MY

TWENTIETH YEAR, AND I'VE BEEN DOING THAT SUCCESSFULLY, I HOPE, FOR ALL

THOSE YEARS. BUT THEY SAID, YOU ARE MY REPRESENTATIVE. AND I'D CORRECT

THEM AND I SAY TO THEM, NO, MA'AM, I AM YOUR EMPLOYEE. BECAUSE

EVERY TWO YEARS YOU GET A CHANCE TO HIRE ME OR REHIRE ME. AND I'VE

NYS ASSEMBLY MARCH 5, 2021

BEEN SUCCESSFUL AT THAT, FORTUNATELY. BUT I AM YOUR EMPLOYEE. WE

WORK FOR YOU, THE PEOPLE. AND IN MY DISTRICT THAT'S WHAT I RECOGNIZE,

THAT I REPRESENT ALL OF THE PEOPLE IN MY DISTRICT. THOSE THAT VOTED FOR

ME AND THOSE THAT DIDN'T. BUT I AM THEIR EMPLOYEE. BUT IN REALITY,

THAT'S THE CASE. AND I HAVE TO REPRESENT WHAT THEY SAY. NOT ONLY WHAT

I FEEL, BUT WHAT THEY SAY. SO HERE'S AN OPPORTUNITY FOR US TO TALK ABOUT

THE EXTRAORDINARY POWERS THAT WERE GRANTED TO THE GOVERNOR LAST YEAR.

BUT THE REAL PROBLEM I'M GETTING OR ONE OF THE BIGGEST COMMENTS I'M

GETTING IS PEOPLE WHO HAD LOVED ONES OR FAMILY MEMBERS IN NURSING

HOMES WHO DIED DURING THIS PERIOD OF TIME. AND THEY'RE INCENSED AND

OBVIOUSLY WE KNOW WHY. SO WE HAVE TO REALIZE THAT WE WORK FOR THE

PEOPLE. AND THEY ARE THE ONES WHO HIRE US, THEY PAY US, ALL OF THAT.

AND I AM SUPPORTIVE OF THIS -- SUPPORTIVE OF THIS AMENDMENT, AND I

THINK THE EXTRAORDINARY POWERS OF THE GOVERNOR HAVE TO BE CEASED

RIGHT AWAY AND NOT JUST AUTOMATICALLY RENEWED WHEN HE COMES UP AND

ASKS FOR THEM.

SO I'M IN SUPPORT OF THIS AMENDMENT AND I URGE ALL OF

MY COLLEAGUES TO SUPPORT THIS AMENDMENT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. HAWLEY.

MR. HAWLEY: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. HAWLEY: WHAT WE'RE ALL SAYING IN SUPPORT OF

NYS ASSEMBLY MARCH 5, 2021

THIS AMENDMENT IS WHAT EVERYBODY SHOULD BE THINKING, AND THAT'S

RETURNING TO WHAT WE WERE FOUNDED ON: OUR THREE COEQUAL BRANCHES OF

GOVERNMENT. WE HAVE TO RETURN TO LOCAL CONTROL. WE ARE A DEMOCRATIC

REPUBLIC. WE ARE NOT A ONE-PERSON RULE GOVERNMENT. THAT'S NOT WHAT

OUR COUNTRY WAS FOUNDED ON, AND THAT'S NOT WHAT NEW YORK STATE

SHOULD BE. THE VACCINE ROLLOUT IS A MESS. THIS MORNING WE HAD A

CLINIC THAT WAS SCHEDULED, THE APPOINTMENTS WERE TAKEN IN ONE HOUR

AND 15 MINUTES. SIXTY PERCENT OF THE PEOPLE ARE FROM OVER A HUNDRED

MILES AWAY, TRYING TO GET A VACCINE TO SAVE THEIR LIVES AND TO RETURN TO

SOME NORMALCY. THERE ARE 150 OF US IN THIS ASSEMBLY BODY AND THERE

ARE 63 PEOPLE IN THE SENATE. EACH OF US HAS OUR OWN EXPERTISE, OUR

OWN EXPERIENCE, OUR OWN BACKGROUND AND OUR OWN KNOWLEDGE FROM A

LIFE THAT WE LIVE WITH THE NEIGHBORS, OUR NEIGHBORS WHO ELECT US TO

REPRESENT US IN THE STATE ASSEMBLY IN THIS CASE. WE REPRESENT ROUGHLY

130,000 PEOPLE. SOME HAVE SAID TODAY THAT THEIR DISTRICTS RUN FOR

SEVEN COUNTIES AND SOME MORE WITH NINE COUNTIES. THOSE THAT LIVE IN

URBAN AREAS MAY REPRESENT ONLY FOUR OR FIVE OR SIX BLOCKS. BUT WE ALL

REPRESENT APPROXIMATELY 130,000 PEOPLE. ONE PERSON, ONE VOTE. WE

HAVE OUR OWN UNIQUE EXPERTISE AND EXPERIENCE, AS I SAID. THE PEOPLE

WHO ELECT US EXPECT US TO DO JUST THAT. REPRESENT OUR NURSING HOMES.

REPRESENTING OUR SCHOOLS, OUR HOSPITALS, OUR BUSINESSES, OUR CHILDREN,

OUR GRANDCHILDREN, OUR CHURCHES, OUR SCHOOLS AND ON AND ON, FROM THE

AREAS THAT WE REPRESENT. WE ARE LOCAL REPRESENTATIVES WHO ACTUALLY

KNOW THE PEOPLE WHERE WE LIVE. THIS GOVERNOR HAS TURNED HIS BACK ON

THE VITALITY AND THE FREEDOM OF ALL OF OUR CITIZENS. IF YOU BELIEVE IN THE

NYS ASSEMBLY MARCH 5, 2021

PEOPLE OF YOUR DISTRICT, YOU WILL SUPPORT THIS AMENDMENT THAT ACTUALLY

DOES SOMETHING AND DOES WHAT SO MANY FOLKS ON BOTH SIDES OF THE AISLE

HAVE CALLED FOR: THE ACTUAL - NOT A SMOKE AND MIRROR - TOTAL REPEAL OF

THIS GOVERNOR'S POWERS.

I ASK YOU TO STAND UP FOR THE NEIGHBORS IN YOUR AREA

THAT ELECTED YOU TO ACTUALLY REPRESENT THEIR INTERESTS AND VOTE FOR THIS

REPEAL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

MR. BLANKENBUSH.

MR. BLANKENBUSH: THANK YOU. CAN YOU HEAR

ME?

ACTING SPEAKER J.D. RIVERA: YES, SIR.

MR. BLANKENBUSH: I'M -- I'M NOT GOING TO

REPEAT EVERYTHING THAT MY COLLEAGUES HAVE SAID. I'M SUPPORTING THIS

AMENDMENT. BUT I GET A LITTLE TIRED OF BEING LECTURED TO BEING A WHITE

CAPITALIST. BEING EVERYTHING WE TURN UP IN OUR ASSEMBLY AND ON THE

OTHER SIDE OF THE AISLE AS BEING A RACIST. THIS AMENDMENT IS NOT A

REPUBLICAN OR A DEMOCRAT AMENDMENT. THIS AMENDMENT ISN'T WHITE,

BROWN, BLACK. THIS AMENDMENT IS ACROSS THE AISLE. THE COVID

NURSING HOME PROBLEM WAS NOT A REPUBLICAN/DEMOCRAT ISSUE. IT

WASN'T WHITE, BLACK OR BROWN. AND EVERY TIME WE'RE HERE TRYING TO

PASS A PIECE OF LEGISLATION AND GETTING LECTURED TO ABOUT WHAT OUR OWN

THOUGHTS ARE AND WHAT WE REPRESENT AND BEING CALLED A HYPOCRITE ON AN

-- ON AN AMENDMENT LIKE THIS IS A JOKE. AND TO ALLOW THAT KIND OF

RHETORIC TO GO ON WHEN WE'RE TALKING ABOUT AN AMENDMENT LIKE WE'RE

NYS ASSEMBLY MARCH 5, 2021

TALKING ABOUT SHOULD HAVE BEEN STOPPED. AND I -- AND BY VOTING FOR

YES ON BOTH OF THESE AMENDMENTS, WHO'S THE HYPOCRITE? WHO IS THE

HYPOCRITE TO VOTE ON BOTH OF THE AMENDMENTS? NOT ME. I'M VOTING YES

ON THIS ONE, AND NO ON THE BILL. I'M NOT THE HYPOCRITE. I'M NOT THE ONE

SITTING BACK HERE SAYING I SUPPORT ONE BUT, YEAH, I'M GOING TO VOTE YES

ON BOTH OF THEM. I'M NOT THE HYPOCRITE. SOMEONE ELSE IN THIS

CHAMBER IS THE HYPOCRITE, AND WE ALL KNOW WHO THAT IS.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

MR. TANNOUSIS.

MR. TANNOUSIS: THANK YOU VERY MUCH, MR.

SPEAKER. I JUST WANTED TO SAY THAT FOR THE PAST YEAR OUR SMALL

BUSINESSES AND OUR CONSTITUENTS HAVE SUFFERED FINANCIALLY. SO I

ENCOURAGE MY COLLEAGUES, BOTH IN MY CONFERENCE AND ON THE OTHER

SIDE OF THE AISLE, TO PLEASE SUPPORT THIS AMENDMENT.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WE HAVE

NOW FINISHED ONE YEAR OF ONE-MAN RULE IN NEW YORK STATE WHEN IT

COMES TO COVID. AND HOW HAS THAT WORKED OUT? WE HAVE ONE OF THE

HIGHEST DEATHS RATES. OUR DEATH RATES DOUBLE FLORIDA'S. WE'VE

DISCOVERED THAT OUR NURSING HOME DEATH RATES ARE AMONGST THE TOP IN

THE NATION. WE'VE SEEN EXAMPLES OVER AND OVER AND OVER AGAIN OF

ARBITRARY AND CAPRICIOUS RULES AND DIRECTIONS, OFTEN ANNOUNCED AT PRESS

NYS ASSEMBLY MARCH 5, 2021

CONFERENCES, EFFECTIVE IMMEDIATELY. WE'VE SEEN WHERE WE'VE OPENED

UP BEACHES ON LONG ISLAND, BUT LIMITED MEMORIAL DAY SERVICES

HONORING OUR VETERANS TO TEN PEOPLE AT AN OUTDOOR SERVICE. YOU HAVE A

21-GUN SALUTE. THAT'S SEVEN PEOPLE. YOU HAVE THE COMMANDING

OFFICER. THAT'S EIGHT. YOU HAVE TAPS. THAT'S NINE. YOU HAVE THE

GUEST SPEAKER. THAT'S TEN. AND NO ONE ELSE HONORING OUR VETERANS.

BUT YOU CAN GO TO THE BEACH. YOU HAVE ALL -- EVERY ONE OF US, WE HAVE

ALL HEARD OUR CONSTITUENTS MOCKING THE ARBITRARY NATURE OF THIS. YOU'RE

SAFE AT A RESTAURANT UNTIL WHAT, 9 OR 10:00 AND THEN THE VIRUS COMES

OUT? YOU'RE SAFE IF YOU'RE HOLDING A DRINK, BUT GOD HELP YOU IF YOU

AREN'T. WE HAVE SEEN THE RESULTS OF A ONE-MAN RULE DICTATING ARBITRARY

REQUIREMENTS OVER AND OVER AGAIN. NOW, MY COLLEAGUE POINTED OUT

THAT MANY OF US, INCLUDING MYSELF, VOTED FOR THIS POWER A YEAR AGO.

AND WHILE I DON'T THINK I'M A HYPOCRITE, I HAVE ADMITTED IN WRITING THAT

I WAS WRONG. YOU CAN LOOK IT UP ON MY FACEBOOK. I WAS WRONG

BECAUSE I THOUGHT GOVERNOR CUOMO WOULD EXERCISE EMERGENCY POWER

IN A RESPONSIBLE MANNER CONSISTENT WITH THE NUMEROUS STATUTORY

RESTRICTIONS THAT ARE CONTAINED IN THE CURRENT LAW AND CONSISTENT WITH

OUR STATE CONSTITUTION. BOY, WAS I WRONG. SHAME ON ME FOR BEING

WRONG ONCE. SHAME ON ALL OF US IF WE'RE WRONG TWICE.

ON MY DESK HERE ON THE ASSEMBLY FLOOR I HAVE SOME

SAYINGS THAT I ASPIRE TO. THEY DON'T DESCRIBE ME, THEY'RE THINGS I ASPIRE

TO. SO YOU DON'T NEED TO TELL ME ALL THE WAYS I DON'T MATCH UP TO THESE

INSPIRATIONAL WORDS. BUT ONE OF THEM IS EPHESIANS 4:5. IT SAYS, LIVE A

LIFE WORTHY OF THE CALLING YOU HAVE RECEIVED. BE COMPLETELY HUMBLE

NYS ASSEMBLY MARCH 5, 2021

AND GENTLE; PATIENT, BEARING WITH EACH OTHER IN LOVE. NOW, I DON'T

MEET THOSE STANDARDS, I ASPIRE TO THEM. BUT WITH THOSE COMMENTS IN

MIND ABOUT HUMILITY, LET US REMEMBER THAT THE GOVERNOR IS NOT THE SOLE

SOURCE OF WISDOM, AS WE HAVE SEEN OVER AND OVER AND OVER AND OVER

AND OVER AGAIN. HAVE WE BECOME SO ARROGANT THAT WE HAVE FORGOTTEN

THAT EACH ONE OF OUR COLLEAGUES HAS A HEALTH DEPARTMENT STAFFED WITH

EXPERTS? HAVE WE FORGOTTEN THAT ALL OF OUR LOCAL MUNICIPALITIES HAVE

ELECTED OFFICIALS WHO ARE CLOSE TO THE PEOPLE? HAVE WE FORGOTTEN THAT

WE HAVE BEEN DEALING WITH INFECTIOUS DISEASES IN NEW YORK STATE FOR

DECADES AND DECADES WITHOUT ONE PERSON BEING AN ARBITRATOR, RULER OF

EVERYONE ELSE? DO YOU REMEMBER ONE OF THE VERY FIRST EXECUTIVE

ORDERS ISSUED LAST YEAR WHERE THE GOVERNOR ELIMINATED EVERYONE ELSE'S

EMERGENCY POWER? REMEMBER THAT? BECAUSE APPARENTLY HE BELIEVES

THAT ONE PERSON, HIMSELF, HAS MORE KNOWLEDGE AND ABILITY TO MAKE

THOUGHTFUL DECISIONS ACROSS THE ENTIRE STATE OF NEW YORK WITHOUT INPUT

OR WITHOUT RESPECTING OUR LOCAL HEALTH DEPARTMENTS OR THEIR EXISTING

AUTHORITY OR RESPONSIBILITY. SO DO WE HAVE A BETTER ALTERNATIVE TO

ONE-MAN RULE? AND THE ANSWER IS YES. IT'S BEEN IN PLACE FOR DECADES.

IT'S OUR LOCAL HEALTH DEPARTMENTS. IT'S OUR LOCAL OFFICIALS, OUR

MUNICIPALITIES. IT'S OUR EXISTING AGENCIES. WE HAVE MADE TREMENDOUS

PROGRESS ON FIGHTING THE VACCINE -- I'M SORRY, FIGHTING THE COVID

PANDEMIC. WE NOW HAVE THREE VACCINES. WE HAVE A NUMBER OF

PEOPLE THAT HAVE SUCCESSFULLY AND, THANK GOD, SURVIVED. I THINK AND

HOPE THAT WE'RE OVER THE WORST. LET'S GO BACK WITH HUMILITY AND

RESPECT AND RECOGNIZE THAT WE HAVE HUNDREDS OF CAPABLE PEOPLE WITH

NYS ASSEMBLY MARCH 5, 2021

THE AUTHORITY AND THE ABILITY TO MOVE US FORWARD WITHOUT CONTINUING

ONE-MAN RULE.

MY WIFE CALLED ME A FEW DAYS AGO AND SAID,

WOW, I THINK IT'S GREAT. I READ IN THE PAPER THAT THE LEGISLATURE'S

TERMINATING THE GOVERNOR'S AUTHORITY. AND I SAID, NO, WE'RE ONLY

TERMINATING THE EXPIRATION OF HIS AUTHORITY. APPARENTLY WE -- WE

FORGOT TO PUT THE WORD "TERMINATING EXPIRATION" OF HIS AUTHORITY. HIS

AUTHORITY WAS SET TO EXPIRE AT THE END OF APRIL. AND UNDER THE

BILL-IN-CHIEF WE'VE ELIMINATED THE EXPIRATION DATE. THAT'S WHAT WE DID.

OR WILL DO IF WE PASS IT. AND INSTEAD WE SAY THE GOVERNOR'S ONE-MAN

POWER CONTINUES UNTIL HE DECIDES, IN HIS SOLE DISCRETION, THAT IT SHOULD

END. NOW, I KNOW THERE WILL BE SOME OF MY COLLEAGUES THAT SAY, WAIT

A MINUTE, WAIT A MINUTE. THE NEW LEGISLATION ALLOWS US TO TERMINATE IT.

ALLOWS US WITH CONCURRENT RESOLUTIONS TO ADDRESS SOME OF THESE

THINGS. OKAY, THAT'S GREAT. IT'S BEEN NOW 369 DAYS. I HAVE WRITTEN TO

THE SPEAKER ASKING FOR A SPECIAL SESSION. I HAVE WRITTEN AND

INTRODUCED CONCURRENT RESOLUTIONS. I KNOW OTHERS HAVE AS WELL. SO IN

THE LAST YEAR AS WE SAW ONE ABUSE AFTER ANOTHER AFTER ANOTHER, HOW

MANY TIMES DID WE MEET IN SPECIAL SESSION? NEVER. AND HOW MANY

CONCURRENT RESOLUTIONS DID WE HAVE? NONE. SO DON'T TELL ME THAT

WE'RE REASSERTING AUTHORITY THAT WE ALREADY HAD AND WE'VE NEVER

EXERCISED. THAT'S NOT ACCURATE.

SO, MY FRIENDS, WE HAVE SEEN THE ABUSES. WE'VE SEEN

THE COVERUP. THE NEW YORK TIMES ARTICLE WAS JUST ASTOUNDING. THE

EXTRAORDINARY INTERVENTION WHICH CAME JUST AS -- FROM -- FROM THE

NYS ASSEMBLY MARCH 5, 2021

GOVERNOR'S OFFICE FORCING THE HEALTH DEPARTMENT TO REWRITE ITS REPORT

CAME JUST AS MR. CUOMO WAS STARTING TO WRITE A BOOK ON HIS PANDEMIC

ACHIEVEMENTS, AND BEGAN A MONTHS-LONG EFFORT BY THE GOVERNOR AND

HIS AIDES TO OBSCURE THE FULL SCOPE OF THE NURSING HOME DEATHS. BUT

MR. CUOMO AND HIS AIDES ACTUALLY BEGAN CONCEALING THE NUMBERS

MONTHS BEFORE THERE WAS ANY MENTION OF A FEDERAL INVESTIGATION AS HIS

AIDES WERE BATTLING THEIR OWN TOP HEALTH OFFICIALS WHO WANTED TO BE

HONEST. SO THE BILL-IN-CHIEF SAYS, OKAY, LET'S TRUST THE GOVERNOR THE

DAY AFTER THE NEW YORK TIMES REPORTS HE WAS ACTIVELY INVOLVED IN A

COVERUP. LET'S TRUST THE HEALTH DEPARTMENT COMMISSIONER WHO WAS

COMPLICIT, WHO REWROTE IT. WHO HAD THE AUDACITY TO TELL OUR OWN

LEGISLATORS, IN WHAT WAS SUPPOSED TO BE A SECRET MEETING, THAT THEY

DIDN'T HAVE THE DATA. WHEN AS THE NEW YORK TIMES REPORTS, THEY HAD

THE DATA IN JUNE. JUNE OF LAST YEAR. YET IN FEBRUARY OF THIS YEAR HE WAS

TELLING US HE DIDN'T HAVE THE DATA. WE CAN'T GO WITH THE BILL-IN-CHIEF

WHERE WE SAY TO THE GOVERNOR, YOU HAVE POWER TO CONTINUE ALL YOUR

EXECUTIVE DIRECTIVES. YOU HAVE POWER TO MODIFY ALL YOUR EXECUTIVE

DIRECTIVES. THE LEGISLATION IN THE BILL-IN-CHIEF ACTUALLY SAYS THAT YOU

CAN PLACE ADDITIONAL RESTRICTIONS. IF YOU WANT TO LOOK IT UP IT'S ON PAGE

3, LINE 21. AND YOU CAN PUT IN ADDITIONAL RESTRICTIONS WITH EXECUTIVE

DIRECTIVES. JUST BE HONEST WITH US WHEN YOU'RE DOING IT.

SO WHAT'S THE QUESTION BEFORE US? THE QUESTION ON

THE VOTE ON THIS AMENDMENT IS, IN MY MIND, VERY SIMPLE. ARE WE

ACTUALLY GOING TO TERMINATE THE EXTRAORDINARY POWER OF ONE MAN WHO

HAS ABUSED IT FOR A YEAR, OR ARE WE GOING TO VOTE TO CONTINUE IT FOR AS

NYS ASSEMBLY MARCH 5, 2021

LONG AS HE WANTS IT? ARE WE GOING TO VOTE TO RESTORE POWER, NOT JUST

THE LEGISLATURE, BUT TO ALL OF OUR LOCAL HEALTH DEPARTMENTS AND EXPERTS

ALL AROUND THIS STATE, OR ARE WE GOING TO CONTINUE TO RELY ON ONE-MAN

RULE OF A PERSON WHO HAS REPEATEDLY VIOLATED OUR TRUST? IF WE REVOKE

THE GOVERNOR'S EXTRAORDINARY POWER, WHICH HE HAS REPEATEDLY ABUSED,

THIS STATE'S NOT GOING TO FALL INTO A HEALTH CRISIS. NO. WE'RE GOING TO

RELY ON THE THOUSANDS OF EXPERTS WHO HAVE HAD THIS TYPE OF PLAN FOR

COMMUNICABLE DISEASES IN PLACE FOR DECADES. THE GOVERNOR TELLS US TO

RELY ON SCIENCE, AND TWO WEEKS AFTER THE CDC SAYS ALL THE SCIENCE SAYS

WATCH ABOUT -- WATCH ABOUT DETECTING NURSING HOMES, THAT THE FIRST AND

MOST DEADLY OUTBREAKS OCCURRED IN NURSING HOMES. TWO WEEKS AFTER

THAT DIRECTIVE THE GOVERNOR IS SAYING, FOLLOW THE SCIENCE. SEND

COVID-ACTIVE PATIENTS TO NURSING HOMES. JUST TWO DAYS AGO THE

GOVERNOR SAID, WE'VE NEGOTIATED - I LOVE IT - WE HAVE WORKED WITH THE

LEGISLATURE. WE HAVE AN AGREEMENT ON THE BILL. IS THAT TRUE OR FALSE?

IF THAT'S TRUE, I'D LIKE TO KNOW WHO HE WAS NEGOTIATING WITH BECAUSE IT

WASN'T ME. AND THEN THE -- AND THEN THE GOVERNOR WENT ON, SO THEY'RE

GOING TO EXTEND -- THE LEGISLATURE EXTENDS EMERGENCY POWER.

I HOPE AND PRAY TO GOD THAT WE EXERCISE OUR OWN

HUMILITY AND THAT WE LIVE A LIFE WORTHY OF THE CALLING THAT WE HAVE

RECEIVED. AND IN THAT HUMILITY, GIVE THE APPROPRIATE RESPONSE TO THIS

PANDEMIC BASED ON ALL THE PROGRESS WE'VE MADE TO ALL THE EXPERTS WE

HAVE THROUGHOUT NEW YORK STATE AND OUR OWN HEALTH DEPARTMENT AND

PLACE SOME TRUST, MY FRIENDS, IN ALL OUR LOCAL ELECTED OFFICIALS. AND

AFTER A YEAR OF DISASTROUS ONE-MAN RULE, LET'S END IT TODAY.

NYS ASSEMBLY MARCH 5, 2021

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER.

ON THE AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. ZEBROWSKI: MR. SPEAKER, WE CERTAINLY HAVE

AN ENTIRE BILL-IN-CHIEF WHICH I HOPE IF WE VOTE DOWN THIS AMENDMENT'S

DEBATE, SO I'LL TRY TO MAKE JUST A FEW POINTS TO ANSWER A LOT OF THE THINGS

THAT HAVE BEEN SAID THUS FAR. I'LL BRIEFLY TALK ABOUT THE BILL. I'M NOT

GOING TO TALK ABOUT THE BILL IN ITS ENTIRETY BECAUSE THAT'LL BE LEFT TO THE

DEBATE. LET ME JUST SAY, THIS BILL REVOKES THE GOVERNOR'S ABILITY TO

ISSUE ANY NEW DIRECTIVES. YOU'VE HEARD FROM COLLEAGUES ACROSS THE

AISLE THAT THIS DOESN'T MATTER. COME ON, MR. SPEAKER. IF WE PUT FORTH A

BILL THAT DIDN'T REVOKE THAT AUTHORITY, WE WOULD HAVE HEARD A COUPLE

HOURS ABOUT ALL THE THINGS THIS GOVERNOR COULD DO AND WOULD DO. THE

GOVERNOR DIDN'T STOP ISSUING DIRECTIVES AFTER LAST SPRING, SUMMER OR

FALL. HE CONTINUED WITH ISSUING DIRECTIVES THROUGH THE NEW YEAR,

THROUGH 2021. THE BILL GIVES THE LEGISLATURE THE AUTHORITY TO TERMINATE

THE ENTIRE EMERGENCY DECLARATION, WHICH SHOULDN'T BE MINIMIZED.

HEARING FROM MANY OF MY COLLEAGUES, ONE OF THE CONCERNS WAS WHICH

THAT THIS COULD BE EXTENDED FAR BEYOND THE TIME BY WHICH WE HAVE

VACCINATION LEVELS THAT ARE HIGH ENOUGH THAT WE CAN FEEL COMFORTABLE TO

ROLL BACK THE PUBLIC HEALTH DIRECTIVES AND -- AND SUSPENSIONS, MIND

YOU. AND SO THAT'S AN IMPORTANT NEW POWER THAT'S GIVEN TO -- TO THE

NYS ASSEMBLY MARCH 5, 2021

LEGISLATURE. WE ALSO RETAIN THE ABILITY TO CANCEL ANY SINGLE DIRECTIVE

THAT'S ON THE BOOKS. BUT IT'S IMPORTANT TO NOTE, MR. SPEAKER, THAT WE

SET UP A PROCESS BY WHICH WE CAN DO SO IN AN ORDERLY PROCESS THAT

FOLLOWS THE SCIENCE. I'LL SORT OF END THERE, MR. SPEAKER, WITH MY

EXPLANATION OF SOME OF THE THINGS THE BILL DOES BECAUSE I WANT TO SPEAK

DIRECTLY TO WHAT THIS AMENDMENT WOULD DO. A VOTE FOR THIS

AMENDMENT TO THE BILL WOULD CANCEL ALL CURRENT DIRECTIVES IMMEDIATELY.

EVERYTHING. THERE ARE THINGS IN -- THAT ARE CURRENTLY DIRECTIVES THAT

DEAL WITH THE SCOPE OF PRACTICE OF HEALTHCARE PRACTITIONERS THAT ALLOW

FOLKS TO PRACTICE OUTSIDE THEIR SCOPE OF PRACTICE FOR THINGS LIKE

VACCINATIONS, TESTING, TREATMENT. THERE'S DIRECTIVES THAT ALLOW THE

FUNCTIONING OF BUSINESSES FROM ELECTRONIC SIGNATURES TO ELECTRONIC

BANKING DOCS. WE COULD PASS THIS BILL TODAY, COULD HAVE A CONSTITUENT

BY THE END OF THE WEEK ATTEMPTING TO BUY A HOME USING THE ELECTRONIC

NOTARIZATION. WELL, THEY'RE OUT OF LUCK. THERE ARE DIRECTIVES THAT HELP

SMALL BUSINESSES, LIKE THE ABILITY TO CARRY OUT ALCOHOL. THINGS THAT I

THINK WE ALL SUPPORT. AND, MR. SPEAKER, INCONCEIVABLY TO ME, THE

AMENDMENT WOULD ELIMINATE DISEASE OUTBREAK FROM THE DEFINITION OF A

DISASTER, AND "IMPENDING" AND "URGENT." WHY WE WOULD ELIMINATE THAT

FOR THE FUTURE, I -- I HAVE NO IDEA, MR. SPEAKER, BECAUSE WE CERTAINLY,

LIVING THROUGH THIS EPIDEMIC AND PANDEMIC NOW, I THINK WE WOULD ALL

LIKE TO ATTEMPT IN THE FUTURE -- I THINK WE'LL HAVE THIS LINGERING FEAR IN

US AS TO WHAT COULD BE LIVING THROUGH THIS, THAT WE'D BE ABLE TO STOP IT

BEFORE IT GETS TO THE POINT WHERE YOU HAVE IMMENSE COMMUNITY

SPREAD.

NYS ASSEMBLY MARCH 5, 2021

LASTLY, THERE ARE PUBLIC HEALTH MEASURES, MR. SPEAKER.

THINGS THAT NEED TO BE DISCUSSED. THINGS THAT I'VE TALKED WITH MY

COLLEAGUES ACROSS THE AISLE, AND I THINK WE HAVE SOME AGREEMENT ON

THINGS THAT SHOULD BE CHANGED. AND I THINK THIS WILL SET UP THE PROCESS

BY WHICH WE CAN CHANGE THEM IF THEY DON'T EXPIRE ON THEIR OWN. ALSO,

MR. SPEAKER, IT WILL IMMEDIATELY CANCEL THINGS LIKE THE MASK MANDATE.

A VOTE FOR THIS AMENDMENT IS A VOTE THAT COULD TURN US INTO TEXAS,

WHERE THE GOVERNOR SAID, YOU KNOW WHAT? NO MORE MASKS. I DON'T

CARE. WHERE VIRTUALLY EVERY DOCTOR SAYS, NO MORE MASKS. ON THE -- ON

THE WAY HOME DOWN THE THRUWAY, MR. -- MR. SPEAKER, MAYBE I GO INTO

ONE STORE AND I'VE GOT TO WEAR A MASK. DRIVE A FEW MILES DOWN THE

ROAD, I GO INTO ANOTHER STORE, I DON'T HAVE TO WEAR A MASK. MR.

SPEAKER, MAKE NO MISTAKE. PEOPLE DIED YESTERDAY, PEOPLE WILL DIE

TODAY, AND PEOPLE WILL DIE TOMORROW. THAT'S AN UNFORTUNATE TRUTH.

AND WHILE WE -- AND WHILE WE EXERCISE OUR RESPONSIBILITY TO AUGMENT

AND REESTABLISH LEGISLATIVE INPUT, MUNICIPAL INPUT, PUBLIC INPUT, WE

NEED TO DO SO RESPONSIBLY. I HEARD EARLIER THAT THE VIRUS IS OVER. MR.

SPEAKER, THOSE PEOPLE THAT WILL LOSE THEIR LIFE TODAY, THE VIRUS IS NOT

OVER. AND I THINK THAT THINKING AND MINDSET IS WHY THIS AMENDMENT

NEEDS TO BE DEFEATED. WE HAVE A RESPONSIBILITY TO DO THE THINGS I SAID

IN TERMS OF RESTORING LEGISLATIVE PREROGATIVE, AUGMENTING IT,

AUGMENTING MUNICIPAL -- MUNICIPAL AND PUBLIC INPUT. THE BILL-IN-CHIEF

DOES THAT, MR. SPEAKER. BUT THIS AMENDMENT -- THIS AMENDMENT

CONTINUES THE POLITICIZATION OF THIS EPIDEMIC THAT, UNFORTUNATELY, WE'VE

SEEN WAY TOO OFTEN OVER THE PAST YEAR.

NYS ASSEMBLY MARCH 5, 2021

MR. SPEAKER, LET'S FULFILL OUR RESPONSIBILITY, BUT LET'S

VOTE DOWN THIS AMENDMENT AND GET TO THE BILL-IN-CHIEF. THANK YOU.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO SPEAK ON THIS AMENDMENT. I CERTAINLY

WANT TO APPLAUD MY COLLEAGUES ON BOTH SIDES OF THE AISLE FOR THE KIND

OF CONVERSATIONS THAT HAVE BEEN GOING ON IN AND AROUND ALBANY, I

WOULD SAY, FOR THE LAST COUPLE OF WEEKS. THERE ARE SOME THINGS THAT

WE ARE IN CLEAR AGREEMENT ON, BUT THEN THERE ARE OTHERS THAT WE ARE NOT.

AND, UNFORTUNATELY, ON THE OTHER SIDE OF THE AISLE THEY WANT TO OFFER

LEGISLATION THAT DOESN'T PUT A PLAN IN PLACE TO PROTECT NEW YORKERS AS

WE CONTINUE TO NAVIGATE THIS PANDEMIC. I PERSONALLY WISH THAT THE

PANDEMIC WAS OVER. I'M SURE WE ALL DO. I KIND OF WISH IT WAS OVER. I

WOULD LOVE TO SEE SCHOOLS BACK OPERATING LIKE THEY SHOULD. I WOULD

LOVE TO SEE ALL PHYSICIANS' OFFICES OPERATING LIKE THEY SHOULD. I WOULD

LOVE TO SEE EVERYTHING GO BACK TO NORMAL. BUT WE ARE NOT THERE YET.

THIS LEGISLATION, THE BILL-IN-CHIEF, WOULD IMMEDIATELY REPEAL THE

EXPANDED EMERGENCY POWERS THAT WERE GRANTED TO THE GOVERNOR, AND IT

RETURNS US TO A MORE REGULAR ORDER WHERE WE HAVE INCREASED OVERSIGHT

OVER WHATEVER DECISIONS IT IS THAT HE MAKES. I'M HOPEFUL THAT HE WON'T

HAVE TO MAKE ANY. BUT I DO KNOW IN THE AVERAGE OF THE LAST SEVEN DAYS

111 PEOPLE, ON AVERAGE, IN THE LAST SEVEN DAYS HAVE DIED. THEY DIDN'T

DIE FROM CANCER. WE'RE NOT TALKING ABOUT HOMICIDES. WE'RE NOT

TALKING ABOUT DOMESTIC VIOLENCE. WE'RE TALKING ABOUT COVID-19. IT

IS STILL PRESENT IN OUR SOCIETY.

NYS ASSEMBLY MARCH 5, 2021

NOW, I HEARD EARLIER THAT, YOU KNOW, SOMETHING ABOUT

LIPSTICKS ON PIGS. WELL, I -- I THINK THERE'S BEEN A LOT OF THAT GOING

AROUND HERE OF LATE, AND I THINK IT'S TIME TO TAKE THAT LIPSTICK OFF AND

DEAL WITH THE ISSUES THAT ARE REAL IN FRONT OF THE PEOPLE. I KNOW THAT

PEOPLE HAVE ISSUES WITH THE GOVERNOR, HIS PERSONAL CONDUCT, HIS --

THINGS THAT HE'S BEEN ACCUSED OF DOING. BUT THE PEOPLE ARE THE JUDGE

AND THE JURY, AND HE'S GOING TO HAVE TO COME BEFORE THEM AGAIN IF HE

EVER WANTS TO BE GOVERNOR AGAIN. LET THEM BE THE AUTHORITY ON HOW HE

DID HIS JOB. BECAUSE WHEN I LISTEN TO MY CONSTITUENCIES, NOT JUST THOSE

WHO ARE REPRESENTING THE 141ST, BUT THOSE WHO I KNOW ALL ACROSS THE

COUNTRY, THEY'RE STILL NOT THINKING THAT THIS GOVERNOR HAS DONE A BAD

JOB. NOW, PEOPLE DON'T LIKE WHAT HAPPENED AT NURSING HOMES. MIND

YOU, THEY DO NOT LIKE THE NUMBERS BEING FUDGED. BUT AT THE END OF THE

DAY, THEY FEEL LIKE THE REASON THAT OUR NUMBERS ARE DOWN SO LOW IS

BECAUSE OF SOME OF THE THINGS THAT HE DID ADD VALUE TO THIS DISCUSSION.

I DON'T WANT THESE AMENDMENTS TO BE ABOUT HIM. I WANT IT TO BE ABOUT

THE PEOPLE WHO LIVE IN THIS STATE. I WANT OUR BILL-IN-CHIEF TO BE ABOUT

THE PEOPLE WHO LIVE IN THIS STATE AND WHO NEED US TO PROTECT THEM. I

KNOW THAT MY COUNTY EXECUTIVE WILL BE PLEASED AT THE OPPORTUNITY TO

HANDLE MORE OF THESE ISSUES. THE BILL-IN-CHIEF WILL ALLOW HIM TO DO

THAT. THE HOPES AND DREAMS OF OUR PEOPLE HAVE NOT BEEN CUT DOWN BY

EXECUTIVE ORDERS, MR. SPEAKER. THEY'VE BEEN CUT DOWN BY COVID.

SOMETHING THAT NONE OF US PLANNED. AND I KNOW THAT WE ALL CAN, YOU

KNOW, MONDAY AFTERNOON QUARTERBACK WHAT SHOULD HAVE HAPPENED,

WHAT COULD HAVE HAPPENED. BUT THE FACT OF THE MATTER IS, 48,309 NEW

NYS ASSEMBLY MARCH 5, 2021

YORKERS DIED FROM COVID OVER THE COURSE OF LAST YEAR, FROM NOW TO

THEN. AND THERE ARE OVER A MILLION, ALMOST TWO MILLION CASES RIGHT NOW

OF PEOPLE WHO HAVE TESTED POSITIVELY FOR COVID-19. WE CAN'T ACT LIKE

THIS PANDEMIC IS OVER. IT'S NOT OVER. AND SO I THINK THE BILL THAT WILL --

WILL COME BEFORE US, THE BILL-IN-CHIEF SPONSORED BY MR. ZEBROWSKI AND

THE SPEAKER, IS THE DIRECTION THAT WE SHOULD TAKE. REMOVE THE

EXECUTIVE'S AUTHORITIES. ALLOW ADDITIONAL LEGISLATIVE OVERSIGHT AND

MOVE FORWARD IN THE INTEREST OF THE PEOPLE ACROSS THE STATE OF NEW

YORK.

WITH THAT, MR. SPEAKER, I WOULD ENCOURAGE ALL OF OUR

COLLEAGUES TO VOTE NO ON THIS AMENDMENT. VOTE NO ON THIS

AMENDMENT. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

THE CLERK WILL RECORD THE VOTE.

THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES TO BE

RECORDED AS AN EXCEPTION TO THEIR CONFERENCE POSITION IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE WILL BE VOTING IN FAVOR OF THIS AMENDMENT. IF

THERE ARE MEMBERS THAT WOULD LIKE TO VOTE AGAINST THIS AMENDMENT,

THEY SHOULD CONTACT THE LEADER'S OFFICE SO WE CAN RECORD THEIR VOTE.

THANK YOU, SIR.

NYS ASSEMBLY MARCH 5, 2021

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

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

REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE IN THE AFFIRMATIVE -- IN

THE NEGATIVE, RATHER, ON THIS AMENDMENT. AND ON THOSE COLLEAGUES OF

OURS THAT WOULD DESIRE TO VOTE YES ON THE AMENDMENT SHOULD CONTACT

THE MAJORITY LEADER'S OFFICE AND WE WILL SO RECORD YOUR VOTE. BUT THIS

IS CLEARLY A VOTE IN THE NEGATIVE FOR THE MAJORITY, MR. SPEAKER.

THANK YOU.

(THE CLERK RECORDED THE VOTE.)

(PAUSE)

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

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

COULD RECORD OUR COLLEAGUES MS. GALLAGHER, MS. SOUFFRANT FORREST, MR.

KIM, MR. MAMDANI, MR. BARRON, MR. EICHENSTEIN, MS. NIOU, MS.

MITAYNES, MR. EPSTEIN AND MS. GONZ�LEZ-ROJAS IN THE AFFIRMATIVE ON

THE AMENDMENT.

ACTING SPEAKER AUBRY: SO NOTED. THANK YOU

VERY MUCH.

ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE AMENDMENT IS DEFEATED.

ON THE BILL.

AN EXPLANATION IS REQUESTED, MR. ZEBROWSKI.

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

NYS ASSEMBLY MARCH 5, 2021

AFTERNOON, MY COLLEAGUES. IT'S MY PLEASURE TO PRESENT THIS BILL AND

DEBATE IT HERE TODAY, THE SPEAKER'S BILL. THIS BILL WOULD REVOKE THE

GOVERNOR'S ABILITY TO ISSUE ANY NEW EXECUTIVE ORDER DIRECTIVES. THE

BILL EMPOWERS THE LEGISLATURE TO REVOKE THE EMERGENCY DECLARATION IN

ITS ENTIRETY. FOR DIRECTIVES THAT ARE IN EFFECT AT THE TIME THAT THE BILL

GOES INTO EFFECT, THIS BILL PROVIDES AN EXPIRATION AND A PROCESS BY

WHICH THESE DIRECTIVES, IF THEY ARE TO BE RENEWED, MUST BE PRESENTED TO

THE LEGISLATURE WITH A DETAILED EXPLANATION OF HOW THE DIRECTIVE

ADDRESSES THE SPREAD AND/OR REDUCTION OF COVID-19 AND HOW THE

DIRECTIVE IS NECESSARY TO ADDRESS THE THREAT TO PUBLIC HEALTH. THE

LEGISLATURE, THROUGH THE COMMITTEE PROCESS AND THROUGH THE CHAIRS,

WOULD HAVE THE ABILITY TO PRESENT COMMENT WHICH MUST BE ANSWERED

PUBLICLY BY THE GOVERNOR. THE LEGISLATURE WOULD RETAIN THE ABILITY TO

CANCEL ANY DIRECTIVE BY JOINT RESOLUTION, WHICH REQUIRES JUST A MAJORITY

VOTE OF BOTH HOUSES, NOT SUBJECT TO VETO. THE BILL LIMITS THE

GOVERNOR'S ABILITY TO MODIFY ANY EXISTING DIRECTIVES TO CERTAIN LIMITED

CIRCUMSTANCES. AND THE BILL ALSO DOES A FEW OTHER THINGS, MR. SPEAKER.

FOR INSTANCE, IT REQUIRES THE GOVERNOR TO ORGANIZE AND POST ON A

WEBSITE ALL THE CURRENT DIRECTIVE ORDERS -- ALL THE CURRENT DIRECT --

EXECUTIVE ORDERS WITHIN 15 DAYS AND ORGANIZED IN SEARCHABLE FORMAT

BY SUBJECT MATTER AND WITH THE RESPONSES TO THE LEGISLATIVE COMMENTS

AND QUESTIONS. AND THE BILL RESTORES THE EXECUTIVE ORDERS POWERS OF

LOCAL GOVERNMENTS TO THE EXTENT THAT THEY DO NOT DIRECTLY CONFLICT WITH

A STATE EXECUTIVE ORDER.

THANK YOU, MR. SPEAKER.

NYS ASSEMBLY MARCH 5, 2021

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

ZEBROWSKI?

MR. ZEBROWSKI: I'LL YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. LAWLER: THANK YOU, MR. ZEBROWSKI. JUST TO

COMMENT ON YOUR RESPONSES EARLIER WITH RESPECT TO THE AMENDMENT, THE

PLAN IS TO RETURN TO REGULAR ORDER AND THIS BODY DO ITS JOB. ANY

DIRECTIVE THAT WAS ISSUED BY THE GOVERNOR WOULDN'T EXPIRE UNTIL MARCH

28TH AS PER HIS LAST EXECUTIVE ORDER. SO IT WOULD NOT EXPIRE TODAY.

MR. ZEBROWSKI: I DISAGREE WITH THAT.

MR. LAWLER: JUST SO WE'RE -- JUST SO WE'RE CLEAR.

MR. ZEBROWSKI: I DISAGREE WITH THAT.

MR. LAWLER: THAT'S FINE, BUT THAT'S -- THAT IS WHAT

THE -- WHAT THE BILL DOES.

MR. ZEBROWSKI: THE AMENDMENT WOULD

SUBSTITUTE THE SENATE BILL THAT TAKES EFFECT IMMEDIATELY.

MR. LAWLER: CORRECT.

ACTING SPEAKER AUBRY: SO GENTLEMEN, WE'VE

DISPOSED OF THE AMENDMENT. WE ARE ON THE BILL ITSELF. PLEASE STAY TO

THE BILL ON THE BOARD.

MR. LAWLER: OKAY. MR. ZEBROWSKI, ON MARCH 2,

NYS ASSEMBLY MARCH 5, 2021

2020 THIS BODY VOTED TO GRANT GOVERNOR CUOMO EXTRAORDINARY

EMERGENCY POWERS TO ISSUE DIRECTIVES PURSUANT TO SECTION 29(A) OF THE

EXECUTIVE LAW. UNDER THE EXISTING LAW, THE GOVERNOR'S EXTRAORDINARY

EMERGENCY POWERS ARE SET TO EXPIRE ON APRIL 30TH, 2021, IS THAT

CORRECT?

MR. ZEBROWSKI: YES.

MR. LAWLER: UNDER THIS NEW BILL, IS THERE AN

EXPIRATION DATE?

MR. ZEBROWSKI: WELL, WE -- WE EXPIRE

IMMEDIATELY THE ABILITY TO ISSUE DIRECTIVES, AND EVERY OTHER EXISTING

DIRECTIVE WOULD EXPIRE WITHIN 30 DAYS, BE SUBJECT TO LEGISLATIVE

REVOCATION, AND ALL THE OTHER THINGS I TALKED ABOUT IN MY INTRO. SO IT'S

KIND OF TOUGH TO DESCRIBE EXACTLY WHAT THE EXPIRATION COULD BE,

BECAUSE IT COULD BE IMMEDIATELY, IT COULD BE WITHIN 15 DAYS. THE

ENTIRE EMERGENCY ORDER COULD BE REVOKED BY THE LEGISLATURE.

MR. LAWLER: SO -- SO -- BUT THERE IS THE POTENTIAL

THAT SOME OF THESE DIRECTIVES WOULD GO BEYOND APRIL 30TH, IS THAT

CORRECT?

MR. ZEBROWSKI: THAT -- THAT'S -- THAT IS -- THERE IS

THAT POTENTIAL.

MR. LAWLER: OKAY. MR. ZEBROWSKI, UNDER THIS

BILL, JUST TO CLARIFY, THE GOVERNOR WOULD NOT HAVE THE ABILITY TO ISSUE

NEW DIRECTIVES, CORRECT?

MR. ZEBROWSKI: CORRECT.

MR. LAWLER: WOULD THE GOVERNOR HAVE THE ABILITY

NYS ASSEMBLY MARCH 5, 2021

TO MODIFY OR EXTEND EXISTING DIRECTIVES?

MR. ZEBROWSKI: YES.

MR. LAWLER: OKAY. SO IN OTHER WORDS, THE

GOVERNOR'S ABILITY TO EXTEND OR MODIFY EXISTING DIRECTIVES WILL ONLY

END WHEN THE STATE OF EMERGENCY IS TERMINATED, CORRECT?

MR. ZEBROWSKI: NO, I DISAGREE. THE LEGISLATURE

HAS THE ABILITY TO REVOKE ANY EXECUTIVE ORDER AT ANY TIME. SO IT'S

TOUGH FOR ME TO GIVE -- TO ANSWER WHEN -- WHEN ANY OF THEM COULD

EXACTLY EXPIRE BECAUSE IT COULD -- BECAUSE IT COULD BE AT ANY TIME.

MR. LAWLER: OKAY. SO LET'S SAY THIS BODY, WHICH

HAS NOT YET REVOKED ANY EXECUTIVE ORDERS OR DIRECTIVES TO DATE,

DECIDES NOT TO. IS IT POSSIBLE THAT THOSE DIRECTIVES, EXISTING DIRECTIVES,

WOULD CONTINUE TO THE END OF THE STATE OF EMERGENCY?

MR. ZEBROWSKI: THE DIRECTIVES HAVE THE ABILITY

TO BE PRESENTED BY THE GOVERNOR. HE DOESN'T HAVE THE SOLE AUTHORITY,

SO THE LEGISLATURE CAN REVOKE THOSE AT ANY POINT.

MR. LAWLER: LET'S SAY THE LEGISLATURE DOES NOT

ACT. DOES THE DIRECTIVES HAVE THE ABILITY TO EXTEND ALL THE WAY TO THE

END OF THE STATE OF EMERGENCY?

MR. ZEBROWSKI: THEY EXPIRE EVERY -- EVERY 30

DAYS, SUBJECT TO, YOU KNOW, OTHER LEGISLATIVE ACTION. BUT THEY CAN BE

PRESENTED TO BE EXTENDED UNTIL THE END OF THE EMERGENCY.

MR. LAWLER: OKAY. THANK YOU. GIVEN WHERE WE

ARE TODAY, DO YOU ENVISION THE STATE OF EMERGENCY CONTINUING WELL PAST

THE CURRENT SUNSET DATE OF THE EXISTING LAW OF APRIL 30TH? YOU JUST

NYS ASSEMBLY MARCH 5, 2021

SAID COVID IS NOT OVER, SO DO YOU -- DO YOU FORESEE, GIVEN WHERE WE

ARE TODAY, THAT WE WILL BE IN A STATE OF EMERGENCY PAST APRIL 30TH?

MR. ZEBROWSKI: IT'S TOUGH FOR ME TO SPECULATE,

NOT BEING A HEALTHCARE PRACTITIONER. BUT CERTAINLY, IT -- IT -- WITH THE

RATE OF INFECTION SPREAD AT THIS POINT AND HOSPITALIZATIONS AND SUCH, YOU

KNOW, IT DOES SEEM THAT WE WILL BE IN A PROCESS OF DEALING WITH

COVID FOR AT LEAST SOME MORE WEEKS, PERHAPS SOME MORE MONTHS.

HOWEVER, I WAS CERTAINLY -- I CERTAINLY TOOK THE PRESIDENT'S COMMENTS

ABOUT, I BELIEVE, A VACCINE BEING AVAILABLE FOR EVERY AMERICAN BY THE

END OF MAY TO BE A GREAT SIGN OF PERHAPS A LIGHT AT THE END OF THE

TUNNEL.

MR. LAWLER: OKAY. BUT MAY CERTAINLY COMES

AFTER APRIL SO THAT WOULD BE AFTER APRIL 30TH. IN OTHER WORDS, IF THE

STATE OF EMERGENCY CONTINUES PAST APRIL 30TH, THE GOVERNOR WILL STILL

HAVE THE ABILITY TO EXTEND OR MODIFY EXISTING DIRECTIVES. THE DEFINITION

OF EXTEND: "CAUSE TO LAST LONGER." THE DEFINITION OF MODIFY: "MAKE

PARTIAL OR MINOR CHANGES TO." IF THE GOVERNOR IS MODIFYING EXISTING

DIRECTIVES, ISN'T THAT BASICALLY THE SAME THING AS MAKING A NEW

DIRECTIVE?

MR. ZEBROWSKI: NO.

MR. LAWLER: SO, IF HE MODIFIES SOMETHING AND

CHANGES, FOR INSTANCE, THE CAPACITY LIMIT, YOU'RE -- YOU DON'T BELIEVE

THAT'S A NEW DIRECTIVE, IT'S JUST HIM MODIFYING IT AND TWEAKING IT A LITTLE

BIT?

MR. ZEBROWSKI: A MODIFICATION.

NYS ASSEMBLY MARCH 5, 2021

MR. LAWLER: OKAY.

MR. ZEBROWSKI: SUBJECT TO LEGISLATIVE

REVOCATION, (INAUDIBLE).

MR. LAWLER: BUT IT CHANGES IT. SO, FOR INSTANCE, IF

A BOWLING ALLEY HAS A LIMIT OF 50 PERCENT, CAN THE GOVERNOR CHANGE

THAT TO, SAY, 25 PERCENT?

MR. ZEBROWSKI: THE GOVERNOR COULD.

MR. LAWLER: OKAY.

MR. ZEBROWSKI: SUBJECT TO LEGISLATIVE

REVOCATION, COMMENT AND/OR REVOCATION.

MR. LAWLER: OKAY. ARE THERE ANY STATUTORY

RESTRICTIONS ON HOW MANY TIMES THE GOVERNOR MAY MODIFY AN EXISTING

DIRECTIVE? SO, I'LL GIVE YOU AN EXAMPLE. LET'S USE THE BOWLING ALLEY

ONCE AGAIN. IF HE CHANGES IT FROM 50 TO 25 AND THEN THE NEXT TIME HE

WANTS TO GO DOWN TO TEN, IS THERE ANY LIMITATION ON THE AMOUNT OF TIMES

HE CAN MODIFY AN EXISTING DIRECTIVE?

MR. ZEBROWSKI: WELL, THE LIMITATION COULD BE AT

ANY TIME THIS LEGISLATURE ACTED.

MR. LAWLER: OKAY. MR. ZEBROWSKI, IF YOUR BILL

PASSES TODAY, WHAT HAPPENS TO EACH DIRECTIVE THAT IS CURRENTLY IN

EFFECT? ARE THEY IMMEDIATELY EXTENDED FOR 30 DAYS FROM WHEN THIS

LAW TAKES EFFECT?

MR. ZEBROWSKI: THEY'LL EXPIRE IN 30 DAYS IN THE

TIME THE LAW TAKES EFFECT.

MR. LAWLER: OKAY. SO, JUST TO PUT A FINE POINT ON

NYS ASSEMBLY MARCH 5, 2021

THAT, IF THEY WERE SET TO EXPIRE MARCH 28TH, THIS BILL WOULD ACTUALLY

EXTEND IT FURTHER THAN THAT, 30 DAYS FROM THE DATE IT TAKES EFFECT?

MR. ZEBROWSKI: WELL, UNDER THE CURRENT -- YOU

KNOW, YOU'RE -- YOU'RE CONFLATING THE TWO DIFFERENT CONSTRUCTS AND

TAKING ONE FROM THE PRIOR LAW AND ONE FROM THE CURRENT LAW. SO, UNDER

THIS BILL, WHAT THIS BILL ATTEMPTS TO DO IS TO SET A SET DATE OF 30 DAYS

FROM THE EFFECTIVE DATE OF THIS BILL TO GIVE THE LEGISLATURE THE ABILITY TO

EVALUATE, ESPECIALLY WITH THE NEW INFORMATION, AND SCIENCE WE HOPE TO

GET WITH EACH AND EVERY ONE OF THESE DIRECTIVES AND THEN MAKE A

DECISION UPON THEM.

MR. LAWLER: OKAY. SO HAD WE PASSED OUR

AMENDMENT AND LET'S OPERATE UNDER YOUR SUPPOSITION THAT IT WOULD

FORCE IMMEDIATE CANCELLATION OF ALL OF THESE DIRECTIVES, COULDN'T WE

HAVE PASSED ALL OF THESE INTO STATUTE OURSELVES AS A LEGISLATIVE BODY?

DON'T WE HAVE THAT AUTHORITY?

MR. ZEBROWSKI: I THINK WE HAVE THE AUTHORITY TO

PASS -- TO PASS THE DIRECTIVES. HOWEVER, I THINK THEY REQUIRE SOME

REVIEW, SOME RESPONSIBLE REVIEW, AND SOME CRITICAL REVIEW OF WHAT IS

THE SCIENCE, WHAT ARE THE DOCTORS SAYING BEHIND THESE THINGS.

MR. LAWLER: MM-HMM.

MR. ZEBROWSKI: YOU KNOW, I -- IT'S NOT LOST ON

ME YOU GIVING THE BOWLING ALLEY EXAMPLE BECAUSE I'VE USED THAT

BOWLING ALLEY EXAMPLE MANY TIMES WITH THE GOVERNOR'S OFFICE ON

CONFERENCE CALLS WITH YOU. AND I'VE USED THAT MANY TIMES IN

CONVERSATIONS WITH MY COLLEAGUES, SO MANY OF MY COLLEAGUES ON MY

NYS ASSEMBLY MARCH 5, 2021

SIDE OF THE AISLE AND THIS HOUSE WILL KNOW THAT. AND ONE OF THE THINGS

I'VE CONSISTENTLY ASKED FOR IS THAT WHY COULD NOT THAT BOWLING ALLEY

CLOSE THE BAR AND KEEP THE BOWLING ALLEY OPEN? WELL, WITHIN THE

CONSTRUCT OF THIS BILL NOW, I THINK WE'LL BE ABLE TO NARROW THESE ISSUES

TO A POINT WHERE WE CAN ASK FOR THE DATA BEHIND THE BAR AND RESTAURANT

CLOSINGS TO BEGIN WITH, BUT ALSO BE ABLE TO PUSH SO THAT WE CAN UTILIZE

OUR EXECUTIVE -- OUR -- OUR LEGISLATIVE AUTHORITY TO CANCEL OUT A

DIRECTIVE SHOULD THEY NOT FOLLOW THE SCIENCE AS WE ALL WANT IT TO. YOU

KNOW, WE WANT TO PREVENT THE SPREAD. WE WANT TO BALANCE THAT WITH

GROWING OUR ECONOMY, GETTING PEOPLE BACK ON THEIR -- THEIR FEET. BUT

WE NEED INFORMATION, WE NEED DATA TO DO THAT. SO THIS IS AN ATTEMPT TO

SORT OF BE RESPONSIBLE AND BALANCE THOSE THINGS.

MR. LAWLER: OKAY. ON EXISTING DIRECTIVES, UNDER

THE GOVERNOR'S EXECUTIVE ORDER 202.96, ALL OF THE EXISTING DIRECTIVES

ARE SLATED TO EXPIRE ON -- ON MARCH 28TH. SO CURRENTLY, ALL RESTAURANTS

MUST CEASE IN-PERSON DINING AT OR BEFORE 11:00 P.M. AND CANNOT OPEN

BEFORE 5:00 A.M. APPARENTLY, COVID ONLY TRANSMITS FROM 11:01 TO

4:59. FOOD MUST BE PURCHASED WITH ANY SALE OF ALCOHOL -- I.E., CUOMO

CHIPS, CUOMO WINGS, CUOMO FRIES -- AND INDOOR DINING CAPACITY IS

LIMITED TO 50 PERCENT EXCEPT IN NEW YORK CITY WHERE IT'S LIMITED TO 35.

PRIVATE RESIDENTIAL GATHERINGS ARE LIMITED TO TEN OR FEWER INDIVIDUALS,

PUBLIC GATHERINGS 50 OR FEWER ARE ALLOWED AS LONG AS THEY DO NOT

EXCEED 50 PERCENT OF MAXIMUM CAPACITY. MOVIE THEATERS, 25 PERCENT

OF CAPACITY WITH A MAXIMUM OF 50 PEOPLE PER SCREEN. BOWLING ALLEYS,

50 PERCENT CAPACITY AND MUST CEASE ALL OPERATIONS AT OR BEFORE 11:00

NYS ASSEMBLY MARCH 5, 2021

P.M. IF THEY SERVE FOOD OR BEVERAGE. HOUSES OF WORSHIP ARE LIMITED TO

50 PERCENT CAPACITY AND HAVE LIMITATIONS ON SINGING AND HOLDING

HANDS. APPARENTLY, TOUCHING OTHERS IS ONLY ALLOWED ON THE SECOND

FLOOR. MR. ZEBROWSKI, ALL OF THESE DIRECTIVES ARE SET TO EXPIRE ON

MARCH 28TH. IF YOUR BILL PASSES TODAY, ALL OF THESE DIRECTIVES WILL

IMMEDIATELY RENEW FOR 30 DAYS AFTER THE BILL GOES INTO EFFECT, CORRECT?

MR. ZEBROWSKI: NO. WE CAN REVOKE THOSE AT ANY

TIME. AND HERE -- HERE'S THE DIFFERENCE. YOU KNOW --

MR. LAWLER: CAN I ASK YOU A QUESTION? ARE WE

PLANNING ON REVOKING THEM AT ANY TIME?

(CROSS TALK)

MR. ZEBROWSKI: I CAN'T --

MR. LAWLER: -- HAD THAT POWER FOR A YEAR AND WE

HAVEN'T DONE IT.

MR. ZEBROWSKI: WELL, I THINK A LOT OF --

ACTING SPEAKER AUBRY: GENTLEMEN,

GENTLEMEN, GENTLEMEN. WE'RE NOT IN COURT. YOU CAN'T TALK OVER EACH

OTHER. YOU ASK A QUESTION, YOU WAIT FOR THAT RESPONSE, THEN YOU CAN

POSE ANOTHER QUESTION, AS OPPOSED TO --

MR. LAWLER: THANK YOU, SIR.

ACTING SPEAKER AUBRY: -- CONTRADICTING

SOMEBODY WHILE HE'S MAKING A STATEMENT. THANK YOU.

MR. ZEBROWSKI: I THINK A LOT OF MY COLLEAGUES

HAVE THAT INTENTION, TO PUT FORTH JOINT RESOLUTIONS. HERE'S THE

DIFFERENCE. YOU KNOW, YOU CITE THOSE -- YOU CITE THOSE THINGS LIKE THE

NYS ASSEMBLY MARCH 5, 2021

COVID VIRUS DOESN'T LIVE AFTER 11:00 P.M. I KNOW THAT'S A SHORT, PICKY

STATEMENT THAT A LOT OF PEOPLE RELY ON. BUT THE FACT OF THE MATTER IS,

WHEN YOU DIG DOWN A LITTLE DEEPER, THERE ARE QUESTIONS AS TO THE HOURS

THAT OUR INSPECTORS ARE ALLOWED TO BE OUT, THE HOURS THAT THEY'VE SEEN

THROUGH CONTACT TRACING, WHEN IT STARTS TO BE SPREADING. SO I HAVE MY

QUESTIONS, LIKE YOU DO, ABOUT THOSE HOURS AND ABOUT THOSE OCCUPANCY

LIMITS. THE DIFFERENCE BETWEEN YOU AND I IS THAT YOU JUST WANT TO

THROW THEM OUT. I WANT TO MAKE SURE THAT WE THROW OUT WHAT DOESN'T

MAKE SENSE AND THAT WE KEEP WHAT MAY MAKE SENSE FOR THE PERIOD HERE

AS WE GET TO THE END OF THIS EPIDEMIC.

MR. LAWLER: RESPECTFULLY, THE DIFFERENCE IS I

WANT TO RETURN TO REGULAR ORDER, YOU WANT TO CONTINUE THE GOVERNOR'S

EMERGENCY EXECUTIVE POWERS. THAT'S THE DIFFERENCE.

MR. ZEBROWSKI: YOU THINK THE VIRUS IS DONE? I

DON'T.

MR. LAWLER: I DIDN'T SAY IT WAS DONE.

MR. ZEBROWSKI: YOU WANT TO RETURN TO REGULAR

ORDER.

MR. LAWLER: I'M SAYING THAT WE CAN DO OUR JOBS

AS LEGISLATORS. THAT'S -- THAT'S THE ISSUE, TO ME.

THE SPEAKER PUT OUT A LIST OF FIVE FACTS. NUMBER 5

WAS WE DID NOT NEGOTIATE THIS BILL WITH THE GOVERNOR. I READ EARLIER

WHAT THE GOVERNOR SAID. HE SAID ON THE EMERGENCY POWERS: WE'VE

WORKED WITH THE LEGISLATURE. WE HAVE AN AGREEMENT ON THE BILL. WAS

THE GOVERNOR LYING WHEN HE SAID WE WORKED WITH THE LEGISLATURE?

NYS ASSEMBLY MARCH 5, 2021

MR. ZEBROWSKI: THIS BILL WAS THE RESULT OF

CONFERENCES AMONGST ALL OF MY COLLEAGUES OVER AND OVER AND OVER AT

LENGTH. YOU CAN -- YOU CAN TALK TO THEM. BACK-AND-FORTH NEGOTIATION

WITH THE SENATE. THAT'S WHAT THIS BILL IS A RESULT OF. I DID NOT NEGOTIATE

THIS BILL OR TALK TO THE GOVERNOR'S OFFICE.

MR. LAWLER: SO -- SO JUST TO BE CLEAR. NOBODY ON

THE SECOND FLOOR OR IN THE DEPARTMENT OF HEALTH WAS INVOLVED IN

NEGOTIATING THIS LANGUAGE?

MR. ZEBROWSKI: THAT'S CORRECT.

MR. LAWLER: OKAY. THANK YOU.

THE COMMISSIONER OF HEALTH. MR. ZEBROWSKI, UNDER

THIS BILL IT SAYS THE PUBLIC HEALTH DIRECTIVE RELATED TO MANAGING THE

COVID-19 PANDEMIC MEANS A DIRECTIVE CERTIFIED IN THE SOLE DISCRETION

OF THE COMMISSIONER OF HEALTH. AS WE TALKED ABOUT EARLIER, DR.

ZUCKER ISSUED A PUBLIC HEALTH DIRECTIVE ON MARCH 25TH OF LAST YEAR,

SENDING COVID-POSITIVE PATIENTS INTO NURSING HOMES. DR. ZUCKER HAS

REPEATEDLY SAID THAT THAT MARCH 25TH DIRECTIVE TO SEND COVID-POSITIVE

PATIENTS INTO NURSING HOMES HAD LITTLE TO NO EFFECT ON THE 15,000

NURSING HOME RESIDENTS WHO DIED. DO YOU AGREE WITH DR. ZUCKER'S

ASSERTION THAT IT HAD LITTLE TO NO EFFECT ON THE DEATH TOLL?

MR. ZEBROWSKI: IT HAS NOTHING TO DO WITH THIS

BILL. I'VE HEARD -- I HAVE BEEN CRITICAL IN VARIOUS WAYS, LIKE YOU HAVE,

AND VARIOUS THINGS DEALING WITH THIS PANDEMIC. BUT ASKING ME THE

VORACITY OF DR. ZUCKER'S STATEMENTS I DON'T THINK HAS ANYTHING TO DO

WITH THIS BILL.

NYS ASSEMBLY MARCH 5, 2021

MR. LAWLER: WELL -- WELL, THE REASON I THINK IT --

IT DOES, RESPECTFULLY, IS BECAUSE WE'RE SAYING IT IS AT HIS SOLE DISCRETION,

THE COMMISSIONER OF HEALTH. SO WE'RE RELYING ON HIS VORACITY, HIS --

HIM CERTIFYING THESE PUBLIC HEALTH DIRECTIVES. THAT'S WHY I ASK IT. IT'S

NOT TO TRAP ANYBODY IN A QUESTION, IT'S TO ASK IF WE'RE GIVING HIM THE

POWER TO BE THE SOLE -- TO HAVE SOLE DISCRETION TO CERTIFY THESE

DIRECTIVES, SHOULDN'T WE BE ABLE TO QUESTION WHETHER OR NOT WE CAN

TRUST WHAT HE IS PUTTING OUT?

MR. ZEBROWSKI: WHEN YOU DRAFT A BILL LIKE THIS,

CERTAINLY THERE'S -- THERE'S CURRENT PEOPLE IN THE OCCUPANCIES OF -- OF

THESE OFFICES. BUT IT'S TOUGH TO DRAFT A BILL THAT'S BASED PURELY UPON

PERSONALITY. WE SAY WAY TOO MUCH OF THAT, YOU KNOW, WHEN WE TALK

ABOUT EXECUTIVE ORDERS IN POLITICS. YOU KNOW, PRESIDENT TRUMP'S

EXECUTIVE ORDERS ARE FINE. JOE BIDEN'S EXECUTIVE ORDERS ARE NOT FINE.

YOU KNOW, BARACK OBAMA'S ARE NOT FINE. GEORGE W. BUSH'S ARE FINE.

YOU KNOW, WE NEED TO DRAFT A BILL THAT IS THE BEST POSSIBLE BILL GIVEN

THE CONSTRUCT OF OUR GOVERNMENT. I HEARD DR. ZUCKER'S STATEMENT. I

HAVE QUESTIONS ABOUT IT. I'D LIKE TO DIG DOWN DEEPER ON THE DATA HE'S

TALKING ABOUT. BUT THE FACT OF THE MATTER REMAINS, THEY NEEDED TO BE

TRUTHFUL TO THE PEOPLE OF NEW YORK STATE REGARDING WHAT HAPPENED

WITHIN NURSING HOMES. AND IF WE COULD GO BACK TO THAT POINT, THERE

SHOULD HAVE BEEN A WAY WHERE WE COULD'VE FIGURED OUT HOW TO GET

THESE FOLKS PERHAPS INTO THE FIELD HOSPITALS OR OTHERWISE. THAT'S MY

OPINION ON THE MATTER, BUT I DON'T BELIEVE IT HAS ANYTHING TO DO WITH

THIS BILL.

NYS ASSEMBLY MARCH 5, 2021

MR. LAWLER: OKAY. THE BASIS FOR MODIFYING OR

EXTENDING ANY DIRECTIVE, IS THAT BASED ON THAT -- NO SUSPENSION OR

DIRECTIVE SHALL BE MADE WHICH IS NOT IN THE INTEREST OF THE HEALTH OR

WELFARE OF THE PUBLIC AND WHICH IS NOT REASONABLY NECESSARY TO AID THIS

PANDEMIC EFFORT.

MR. ZEBROWSKI: SAY THAT AGAIN. WHAT SECTION

ARE YOU REFERRING TO?

MR. LAWLER: I'M REFERRING TO SECTION...

MR. ZEBROWSKI: YOU CAN ANSWER [SIC] IT AGAIN IF

YOU DON'T WANT TO -- JUST --

MR. LAWLER: YEAH. UNDER SECTION (A) -- I'M

SORRY, SECTION 2, SUBSET (A). WHAT'S THE BASIS FOR AMENDING?

MR. ZEBROWSKI: SECTION 2, SUBSECTION (A), WHAT

-- WHAT'S THE BASIS FOR AMENDING WHAT?

MR. LAWLER: WHAT'S THE BASIS BY WHICH THE

GOVERNOR CAN EXTEND OR MODIFY ANY DIRECTIVE?

MR. ZEBROWSKI: WELL, WE WANTED TO LIMIT IT TO

THINGS THAT ARE SOLELY AT THE DISCRETION OF THE COMMISSIONER ADDRESSING

THE SPREAD AND/OR REDUCTION OF COVID, AND ADDRESSING AN IMMINENT

THREAT TO PUBLIC HEALTH AND SAFETY. SO YOU KIND OF HAVE TO READ THOSE

THINGS TOGETHER. ONE IS THERE IN SECTION 2, LINE 19, BUT I THINK IT ALSO --

WHEN YOU TALK ABOUT HOW IT'S DELIVERED TO THE LEGISLATURE WITH THE

FIVE-DAY NOTICE, SECTION 2 (B), LATER DOWN IN THE PAGE, LINE 47, YOU

HAVE TO READ THOSE TWO THINGS TOGETHER.

MR. LAWLER: OKAY. SO THE PUBLIC HEALTH AND

NYS ASSEMBLY MARCH 5, 2021

SAFETY. CAN I READ UNDER SECTION 2, SUBSET (B) OF THE CURRENT LAW, NO

SUSPENSION OR DIRECTIVE SHALL BE MADE WHICH IS NOT IN THE INTEREST OF

THE HEALTH OR WELFARE OF THE PUBLIC AND WHICH IS NOT REASONABLY

NECESSARY TO AID THE DISASTER EFFORT. SO, WE'RE NOT REALLY CHANGING THE

BASIS BY WHICH HE HAS THE ABILITY TO AMEND OR EXTEND DIRECTIVES,

CORRECT?

MR. ZEBROWSKI: UNDER THE CURRENT LAW, SECTION

(B) -- BUT UNDER -- UNDER THE CURRENT LAW YOU HAVE BOTH THE SUSPENSION

AND YOU HAVE THE ADDED DIRECTIVE LANGUAGE.

(BUZZER SOUNDS)

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

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD, PLEASE?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: I'LL YIELD.

MR. REILLY: THANK YOU, MR. ZEBROWSKI. SO, I

KNOW THAT WE HAD A DETAILED DISCUSSION BASICALLY DURING THE EARLIER

VOTE ON THE AMENDMENT. BUT SOME OF THE THINGS THAT CAME UP THERE

ARE, I THINK, VERY IMPORTANT WITH THIS LEGISLATION. SO, IF THIS BILL PASSES

AND IT GETS SIGNED TONIGHT BY THE GOVERNOR AND I'M ON MY WAY HOME, I

HAVE RESERVATIONS, SUPPOSED TO THERE FOR SEVEN TONIGHT. UNFORTUNATELY,

I DON'T THINK I'M GOING TO BE THERE.

NYS ASSEMBLY MARCH 5, 2021

MR. ZEBROWSKI: I'D LOVE YOU TO GET THERE, MR.

REILLY.

MR. REILLY: ME, TOO. ME, TOO. BUT IF -- IF BY

CHANCE I DON'T, CAN I HAVE MY WIFE PUSH THE RESERVATION BACK TO 11:05?

MR. ZEBROWSKI: MR. REILLY, YOU'RE REFERRING TO A

-- A CURRENT -- A CURRENT DIRECTIVE, SO --

(CROSS TALK)

MR. REILLY: NO, A DIRECTIVE --

MR. ZEBROWSKI: YEAH, IF THERE'S NO DIRECTIVE,

WOULD EXPIRE -- WOULD EXPIRE -- WELL, YOUR OTHER AMENDMENT HAD

PASSED OR NOT, I HATE TO TELL YOU THAT THAT RESERVATION'S NOT GOING TO BE

AFTER 11:00 TONIGHT. BUT I -- I GET YOUR POINT.

MR. REILLY: ALL RIGHT. WELL, THAT'S -- THAT'S WHAT I

WAS TRYING TO ADD BECAUSE THIS -- ONE THING YOU -- YOU MENTIONED

EARLIER DURING THE PREVIOUS DISCUSSION WITH MY COLLEAGUE THAT WAS

ASKING QUESTIONS WAS THAT WE WERE -- THAT HE WAS CONFLATING THE ISSUE

BETWEEN ONE BILL AND ANOTHER. I SURMISE, AND I ASK YOUR OPINION ON

THIS, IF WE ARE CARRYING OVER THE EXECUTIVE'S POWER, THE GOVERNOR -- THE

CURRENT GOVERNOR'S POWER TO EXPAND ON THE DIRECTIVES AND THE

EXECUTIVE ORDERS THAT HE HAS ISSUED UNDER THE STANDING LAW NOW AND

WE ALLOW HIM TO FORWARD -- TO MOVE FORWARD WITH THIS EXECUTIVE

ORDERS WHEN THIS BILL PASSES, AREN'T WE CONFLATING THE TWO LAWS?

MR. ZEBROWSKI: I THINK WE'RE SETTING UP A NEW

PROCESS HERE. SO I THINK IT'S -- IT'S DIFFICULT TO TAKE PARTS OF ONE LAW AND

PARTS OF THE OTHER LAW. SO AS I -- AS I STATED EARLIER, EVERYTHING -- HE

NYS ASSEMBLY MARCH 5, 2021

CAN'T ISSUE ANY NEW DIRECTIVES. EVERYTHING CURRENTLY NOW, WE EXPECT

TO EXPIRE WITHIN 30 DAYS OR SOONER IF THE -- THE LEGISLATURE ACTS BE

REVIEWED IN A CRITICAL WAY. SO I -- I JUST THINK IT'S TWO SEPARATE -- TWO

SEPARATE BILLS, TWO SEPARATE WAYS.

MR. REILLY: OKAY. THANK YOU, MR. ZEBROWSKI.

DO YOU THINK THAT IT WOULD -- THAT WE, AS THE LEGISLATURE, COULD

ACTUALLY PUT FORWARD LEGISLATION THAT WOULD COVER THESE DIRECTIVES IF WE

DID IT TODAY?

MR. ZEBROWSKI: YEAH, I THINK WE COULD. I THINK

WE COULD. BUT, YOU KNOW, WHEN YOU'RE PASSING A BILL -- JUST TO TAKE,

FOR INSTANCE, THE REMOTE NOTARIZATION ONE, WE'VE HAD A BACK-AND-FORTH

ON THAT BILL AND MAYBE YOU'LL BE INVITED TO A PUBLIC HEARING AT SOME

POINT ON THAT BILL BECAUSE IT'S COMPLICATED. RIGHT NOW IT -- IT IS HOLDING

CERTAIN THINGS IN PLACE, RIGHT. AND THERE'S LIKE A BACK-AND -- I DON'T

KNOW IF YOU'VE LOOKED AT THAT LAW AND NOT TO GET TOO IN THE WEEDS, BUT

YOU'RE GOING TO HAVE TO SHOW YOUR LICENSE, SEND A -- A FAX OVER OR SCAN

IT. ONE PERSON SIGNS IT, ONE PERSON -- THE OTHER PERSON GETS IT AND

NOTARIZES IT. HOLDING CERTAIN THINGS TOGETHER. IF WE MOVE TO FULL

REMOTE NOTARIZATION -- NOT TO START DEBATING ANOTHER COLLEAGUE WHO HAS

THIS BILL -- BUT, YOU KNOW, WE HAVE A LOT OF QUESTIONS AS TO WHAT THIS

WILL DO TO RESIDENTIAL CLOSINGS, THE ESTATES AND -- AND -- AND -- THE

ESTATE AND TRUSTS SECTION OF THE BAR ASSOCIATION HAS WEIGHED INTO MY

OFFICE AND HAS CONCERNS ABOUT GOING FULL REMOTE. THERE'S COMPANIES

THAT DO THIS STUFF, AND YOU HAVE TO COMPLY WITH CERTAIN ELECTRONIC

REQUIREMENTS. WHAT ARE THE FEES GOING TO BE? IN SOME INSTANCES

NYS ASSEMBLY MARCH 5, 2021

THERE'LL BE NO FEES. IT'S GOING TO BE ANOTHER $250 CHARGE THAT KIND OF

JUST SHOWS UP ON YOUR BILL WHEN YOU'RE BUYING A HOUSE. THESE ARE ALL

THINGS WE DO IN OUR LEGISLATURE BECAUSE WE'RE LIKE A DELIBERATIVE BODY.

SO SOME OF THESE THINGS WOULD BE DIFFICULT TO JUST SNAP OUR FINGERS AND

PASS A LAW BECAUSE IT MAKES SENSE MAYBE TO HAVE THIS BAND-AID FOR

THE PANDEMIC, BUT IF WE'RE GOING TO SET A STATEWIDE POLICY, WE HAVE

QUESTIONS AND WE WANT TO MAKE SURE THAT EVERYTHING'S (INAUDIBLE) OUT

BEFORE IT, YOU KNOW, PASSES BOTH HOUSES AND IS SIGNED BY THE GOVERNOR

LIKE A NORMAL PIECE OF LEGISLATION WOULD.

MR. REILLY: SO DO YOU THINK WE DID THAT WITH THE

LAST BILL ON MARCH 2ND, 2020?

MR. ZEBROWSKI: WHAT?

MR. REILLY: THAT WE -- WE ACTUALLY TOOK DELIBERATE

ACTION AND -- AND VETTED THE POTENTIAL OF WHAT WAS GOING TO HAPPEN?

MR. ZEBROWSKI: I THINK WE DID THE BEST WE COULD

ON MARCH 2ND. I VOTED FOR THE BILL. I THINK AS MY COLLEAGUE ON YOUR

SIDE OF THE AISLE SAID EARLIER, WE DIDN'T KNOW WHAT WAS GOING ON.

WHEN WE LOOK BACK ON THAT DAY, WE WEREN'T WEARING MASKS, WE WERE

WEARING GLOVES. WE WERE -- WE DIDN'T KNOW -- WALKING THROUGH THE

HALLS OF THIS, WE WERE IN OUR OFFICE, WE WERE HAVING COMMITTEE

MEETINGS DOWN IN THE -- IN THE HEARING ROOMS. WE DIDN'T KNOW HOW IT

WAS SPREADING. I'D GO HOME, I'D GET MY GROCERIES AND MY MAIL AND

SPRAY THEM WITH LYSOL. I MEAN TO GO BACK TO THE CHAOS OF THAT

MOMENT, YOU REALLY REMEMBER. AND WE DID THE BEST WE COULD AT THE

TIME TO TRY TO PLAN FOR -- FOR THE PANDEMIC.

NYS ASSEMBLY MARCH 5, 2021

MR. REILLY: I AGREE, MR. ZEBROWSKI. I VOTED FOR IT

AS WELL BECAUSE I WAS WORRIED ABOUT THE $40 MILLION GETTING TO OUR

DISTRICTS AND TO OUR CONSTITUENTS AND TO EVERYONE IN NEW YORK STATE TO

BATTLE THIS. THE ONE THING THAT I DO REMEMBER IS THAT WE HAD AN

AMENDMENT TO THAT THAT WOULD'VE ACTUALLY PUT SOME CHECKS AND

BALANCES ON THE GOVERNOR. I INTRODUCED THAT AMENDMENT, AND I'M

HAPPY TO SEE THAT IT'S PARTIALLY INCLUDED IN THIS LEGISLATION. BUT THE

QUESTION I HAVE IS REALLY ABOUT THE -- THE GOVERNOR'S ABILITY TO REACH OUT

TO THE CHAIRS OF CERTAIN COMMITTEES AND LEADERS OF BOTH CHAMBERS AND

DISCUSS MOVING FORWARD WITH THESE EXECUTIVE ORDERS THAT ARE CURRENTLY

IN STANDING. HAS THERE -- HAS THERE BEEN ANY CONVERSATION WITH THE

GOVERNOR'S OFFICE ABOUT EXECUTIVE ORDERS THROUGHOUT THE LAST YEAR?

MR. ZEBROWSKI: CONVERSATIONS?

MR. REILLY: CONVERSATIONS ABOUT MOVING FORWARD

WITH EXECUTIVE ORDERS. HAS THE LEGISLATURE OR ANYBODY IN THE

LEGISLATURE HAD THE ABILITY TO ACTUALLY COMMENT TO THE GOVERNOR'S

OFFICE ON EXECUTIVE ORDERS?

MR. ZEBROWSKI: I'M NOT SURE WHAT YOU MEAN,

BECAUSE, LIKE, I -- I'VE BEEN ON DOZENS AND DOZENS AND DOZENS OF

CONFERENCE CALLS WITH THE GOVERNOR'S OFFICE WITH COLLEAGUES ON YOUR

SIDE OF THE AISLE. SO I'M NOT SURE IF YOU'RE TALKING ABOUT, LIKE, A FORMAL

PROCESS OR THOSE, LIKE, INFORMAL CONVERSATIONS OF CONCERNS FROM

CONSTITUENTS. I'M NOT SURE IF YOU HAD SIMILAR CONFERENCE CALLS. I KNOW

MEMBERS, YOU KNOW, ON YOUR SIDE OF THE AISLE WERE ON THE PHONE WITH

ME.

NYS ASSEMBLY MARCH 5, 2021

MR. REILLY: COULD YOU THINK OF ANY -- ANY

INSTANCES WHERE THERE MIGHT'VE BEEN CONVERSATIONS ABOUT SPECIFIC

INCIDENTS OR -- OR SPECIFIC ORDERS THAT WERE DISCUSSED WITH MEMBERS OF

THE LEGISLATURE, SPECIFICALLY CHAIRS, AND THERE WAS NO REVIEW UNTIL

THINGS CAME OUT AFTERWARDS?

MR. ZEBROWSKI: I'LL ATTEMPT TO ANSWER YOUR

QUESTION. I'M NOT REALLY SURE WHERE YOU'RE GETTING AT, BUT I -- I'M A

CHAIR OF A COMMITTEE. I DON'T BELIEVE THAT I HAD ANY, LIKE, FORMAL --

FORMAL ROLE DIFFERENT THAN BEING A MEMBER WHERE I WAS ISSUING

SOMETHING TO THE GOVERNOR WITHIN THE CONTEXT OF, LIKE, THE EXECUTIVE

ORDER PROCESS THAT'S DIFFERENT THAN MY NORMAL LEGISLATIVE FUNCTION AS A

CHAIR. SO MAYBE YOU'RE ASKING SOMETHING I'M -- THAT I'M NOT

UNDERSTANDING WHAT YOU'RE TRYING TO GET ME TO ANSWER.

MR. REILLY: WELL, I'M WORRIED ABOUT -- I'LL ASK YOU

A QUESTION THAT I HAVE A CONCERN ABOUT, ABOUT THE IDEA OF THE GOVERNOR

TALKING TO LEGISLATIVE LEADERS AND THE CHAIRS OF CERTAIN COMMITTEES

THAT'S IN THIS LEGISLATION. WE'VE SEEN IN THE PAST BY REPORTS -- AND THE

REASON WHY WE'RE HERE TODAY IS BECAUSE THERE WAS CONSULTATION WITH

LEADERS, CHAIRPERSONS, IN A MEETING THAT WAS NOT GOING TO BE MADE

PUBLIC UNTIL SOMEONE LET IT OUT THERE. AND WE PROBABLY WOULDN'T EVEN

BE STANDING HERE TODAY TALKING ABOUT THIS IF THERE WAS NO SUNSHINE ON

THAT, THANKS TO SOMEONE THAT WAS IN THAT MEETING. DO YOU THINK THAT

WE'RE GOING TO GET TRANSPARENCY WITH THIS BILL, THAT WE COULD TRUST THE

DATA THAT'S GIVEN TO THE CHAIRS OF THE COMMITTEE? AND IS THERE

ANYTHING IN THIS BILL THAT CAN SAY BESIDES THE ENTIRE BODY DOING A

NYS ASSEMBLY MARCH 5, 2021

CONCURRENT RESOLUTION TO WITHDRAW AN EXECUTIVE ORDER - WHICH WE

HAVE NOT DONE IN A YEAR - IS THERE ANYTHING IN HERE THAT WOULD ACTUALLY

GIVE US SOME TEETH, AS THE LEGISLATURE, TO NOT NECESSARILY EXTEND IT -- OR

WITHDRAW, I SHOULD SAY, THE EXECUTIVE ORDER? IS THERE ANYTHING THAT

COULD GIVE US SOME TEETH TO MODIFY IT?

MR. ZEBROWSKI: SO IT WAS A LONG QUESTION.

MR. REILLY: I'M SORRY.

MR. ZEBROWSKI: THE MEETING YOU'RE REFERRING TO,

WHICH I THINK WE ALL KNOW WHAT YOU'RE REFERRING TO, I WASN'T AT SO I

CAN'T REALLY COMMENT ON THAT. MY UNDERSTANDING IT WAS NOT A FORMAL

PROCESS THAT I CAN COMMENT AND -- AND SAY LIKE, WELL, ACCORDING TO THIS

REGULATION OR LAW, YOU KNOW, THIS MEETING -- ANYTHING. SO, I -- I DON'T

KNOW WHAT YOUR QUESTION IS REGARDING THE MEETING. IN TERMS OF THIS

BILL, I WOULD SAY THAT THIS IS AN ATTEMPT TO SET UP A PROCESS BY WHICH WE

CAN ORDERLY AND CRITICALLY REVIEW WHAT'S ON THE BOOKS, PREVENT ANYTHING

NEW FROM BEING ISSUED, AND I DO BELIEVE NARROW THE ISSUES DOWN SO

THAT WE CAN, AND HOPEFULLY WILL IF THEY DON'T EXPIRE, REVOKE SOME OF THE

DIRECTIVES.

MR. REILLY: SO ARE THERE CURRENTLY ANY REVIEWS BY

THE LEGISLATURE ON THE EXECUTIVE AUTHORITY -- ON THE EXECUTIVE ORDERS?

I MEAN THAT IF THIS PASSES, ARE WE PREPARED TO DO IT IMMEDIATELY?

MR. ZEBROWSKI: ARE THERE ANY REVIEWS?

MR. REILLY: ARE THERE -- ARE THERE ANY --

MR. ZEBROWSKI: THERE'S NOTHING LIKE THIS, THE

PROCESS SET UP IN THIS BILL. SO RIGHT -- RIGHT NOW WHEN -- WHEN THE

NYS ASSEMBLY MARCH 5, 2021

EXECUTIVE ORDERS ARE ISSUED, THERE IS NOT THE REVIEW PROCESS

ESTABLISHED IN THIS BILL. IF SOMETHING HAD TO DO WITH THE GOVERNMENTAL

OPERATIONS COMMITTEE, THERE'S NO NOTICE, THERE'S NO COMMENT, WE ARE

JUST IN OUR NORMAL LEGISLATIVE FUNCTION, WHICH CERTAINLY THERE'S A LEVEL

OF, YOU KNOW, LEGISLATIVE PREROGATIVE AND OVERSIGHT, AS THERE'S A LEVEL

OF GUBERNATORIAL PREROGATIVE AND LEGISLATIVE OVERSIGHT, YOU KNOW,

BEFORE MARCH 2ND OF LAST YEAR, SO --

MR. REILLY: MR. ZEBROWSKI, THAT WAS GREAT POINT

YOU MADE THERE, AND I'D LIKE TO PICK UP ON THAT WITH A QUESTION. DON'T

YOU THINK IT WOULD BE GREAT, AND PROBABLY UNDER THE CONSTITUTION WE

SHOULD ALL HAVE THAT -- THAT ABILITY TO HAVE A CONVERSATION WITH THE

GOVERNOR'S OFFICE IN REGARDING EXECUTIVE ORDERS, NOT JUST THE CHAIRS

OF COMMITTEES. I THINK AS LEGISLATORS IF A CERTAIN EXECUTIVE ORDER

IMPACTS OUR CONSTITUENTS WE SHOULD HAVE, AS LEGISLATORS, WHETHER --

REGARDLESS OF COMMITTEE, REGARDLESS OF CHAIR, REGARDLESS OF RANKER,

SHOULDN'T WE HAVE THE ABILITY TO HAVE THAT SAME TYPE OF DIALOGUE WITH

THE GOVERNOR'S OFFICE?

MR. ZEBROWSKI: I GUESS THE QUESTION ASSUMES

THAT BECAUSE THIS PROCESS IS SET UP THIS WAY THAT THERE WOULD NOT BE ANY

MINORITY INPUT. LOOK, MR. REILLY, I -- I GET THAT THERE ARE PARTISAN

DIVIDES IN THE STATE, IN THIS HOUSE, BUT I DON'T THINK THAT THEY -- THAT

DIVIDE IS SO WIDE THAT THERE'S NO LEVEL OF COOPERATION BETWEEN THE TWO

SIDES OF THE AISLE. ESPECIALLY, I THINK, DURING THE PENDENCY OF THIS

PANDEMIC I CAN SAY THAT I'VE CONFERRED WITH MEMBERS OF YOUR SIDE OF

THE AISLE BOTH LOCAL AND STATEWIDE ON NUMEROUS ISSUES AND, QUITE

NYS ASSEMBLY MARCH 5, 2021

FRANKLY, I THINK WE HAVE A LOT OF AGREEMENT ON A LOT OF ISSUES. SO I

WOULD SUGGEST THAT ALTHOUGH, YOU KNOW, MY SIDE OF THE AISLE IS IN THE

MAJORITY, I THINK WE WOULD -- WE WOULD ENVISION A SITUATION WHERE,

YOU KNOW, YOU HAD TO SET UP SOME PROCESS, SOME ORDERLY PROCESS, BUT

THE CHAIRS WOULD BE CONFERRING WITH -- IT WOULDN'T JUST BE THEM, RIGHT,

IT WOULD BE CONFERRING WITH MEMBERS OF THEIR OWN CONFERENCE,

MEMBERS OF YOUR CONFERENCE, CERTAINLY THROUGH THE RANKING MEMBER.

I THINK WE CAN SET UP A PROCESS AND I -- I WOULD LIKE TO SET UP A PROCESS

BY WHICH THAT HAPPENS BECAUSE I THINK THERE'S A LOT OF AGREEMENT. I'M

SURE IN YOUR NECK OF THE WOODS IN NEW YORK, YOU PROBABLY HAVE SOME

AGREEMENT WITH FOLKS ON MY SIDE OF THE AISLE, TOO, ON SOME OF THESE

THINGS.

MR. REILLY: THANK YOU, MR. ZEBROWSKI.

ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. REILLY: SO WHAT -- WHAT THE SPONSOR JUST

MENTIONED, HE ENVISIONED IT. WE ALL ENVISION THAT. WE ALL ENVISION

BEING ABLE TO HAVE AN OPEN DIALOGUE AND BEING ABLE TO DO WHAT'S BEST

WITH A COMPROMISE. WE ALSO ENVISION THAT THE EXECUTIVE IS GOING TO

GIVE US THE DATA THAT IS RELIABLE AND TRUSTWORTHY. WE DID NOT HAVE THE

INTENT OF PASSING THAT BILL LAST YEAR OF GETTING MISLED. THAT'S SAYING,

FOOL ME ONCE, SHAME ON ME; FOOL ME TWICE, SHAME ON YOU IS ACCURATE.

I DO NOT WANT TO GIVE THE EXECUTIVE WHO NOW IS -- THE

WHOLE ADMINISTRATION IS UNDER QUESTION. DATA WAS MANIPULATED.

REPORTS ARE INDICATING AND, IF TRUE, RAISE VERY SIGNIFICANT QUESTIONS

NYS ASSEMBLY MARCH 5, 2021

ABOUT THIS LEGISLATION BECAUSE THE DATA THEY PROVIDED TO THE CHAIRS OF

COMMITTEES IN THAT MEETING WAS INACCURATE AND IT WAS DELIBERATELY

CHANGED, ACCORDING TO REPORTS. AND IF TRUE, THAT IS SOMETHING THAT THIS

ENTIRE BODY SHOULD BE IN A BIPARTISAN WAY SAYING THAT IS UNACCEPTABLE.

WE ARE LYING TO OURSELVES IF WE DON'T ENSURE THAT WE GET ACCURATE,

TRANSPARENT, RELIABLE INFORMATION. AND UNTIL THAT HAPPENS, AND UNTIL THE

EXECUTIVE SHOWS THAT IN GOOD FAITH, THEN WE SHOULDN'T EVEN PUT THIS BILL

FORWARD. BECAUSE WHAT'S THE RUSH IF WE'RE GIVING HIM 30 DAYS? THESE

EXECUTIVE ORDERS ARE GOOD UNTIL APRIL 30TH ANYWAY.

SO LET'S HAVE THE CONVERSATION. LET'S HAVE THAT

BIPARTISAN CONVERSATION ABOUT WHAT WE CAN DO TO CODIFY THE EXECUTIVE

ORDERS THAT WE REALLY DO NEED FOR THIS PUBLIC HEALTH EMERGENCY MOVING

FORWARD. AFTER ALL, WE CODIFIED THE FREEZE ON RENT, FREEZE ON EVICTIONS,

WE WERE ABLE TO DO THAT. SO WE CAN DO MORE.

THANK YOU, MR. SPEAKER; THANK YOU, MR. ZEBROWSKI,

FOR YIELDING TO MY QUESTIONS.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. WALCZYK.

MR. WALCZYK: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: I'LL YIELD, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI

YIELDS, SIR.

NYS ASSEMBLY MARCH 5, 2021

MR. WALCZYK: THE LAST TIME I DEBATED A BILL ON

THIS TOPIC IT WAS ASSEMBLYMAN ORTIZ, HIS NAME WAS ON THE PIECE OF

LEGISLATION. I APPRECIATE YOU BEING HERE TODAY. I WAS JUST WONDERING

WHY YOUR NAME ISN'T UP AS A SPONSOR TODAY.

MR. ZEBROWSKI: BECAUSE THE SPEAKER SPONSORED

THIS BILL.

MR. WALCZYK: OKAY, THANK YOU. DO WE -- DO WE

ANTICIPATE THAT THE -- THE GOVERNOR IS GOING TO SIGN THIS BILL INTO LAW?

MR. ZEBROWSKI: I HAVE NO IDEA. I HEARD THE SAME

COMMENTS YOU DID, MR. WALCZYK. I HAVE NO IDEA WHETHER HE'S GOING TO

SIGN THE BILL OR NOT.

MR. WALCZYK: OKAY. SO IF THE -- IF THE GOVERNOR

DOESN'T SIGN THIS BILL WE WOULD HAVE THE OPPORTUNITY, THEN, BEING A

CHECK ON THE EXECUTIVE, IN BOTH HOUSES OF THE LEGISLATURE WE WOULD

HAVE TO PASS THIS WITH A TWO-THIRDS MAJORITY IN ORDER TO OVERRIDE HIS

VETO, IS THAT CORRECT?

MR. ZEBROWSKI: THAT'S CORRECT.

MR. WALCZYK: OKAY. WHEN WERE HIS

EXTRAORDINARY POWERS, OR WHEN ARE THEY -- WHEN ARE HIS EXTRAORDINARY

POWERS SET TO EXPIRE RIGHT NOW AS THINGS LIE BEFORE THIS BILL?

MR. ZEBROWSKI: THE CURRENT EXPIRATION IN

SECTION 4 IS APRIL 30TH, 2021.

MR. WALCZYK: AND THIS PIECE OF LEGISLATION THAT

YOU'RE BRINGING FORWARD -- OR, WELL, YOU'RE DEBATING ON BEHALF OF THE

SPEAKER WHO IS THE SPONSOR OF THIS LEGISLATION, WHAT -- WHAT'S THE

NYS ASSEMBLY MARCH 5, 2021

EXPIRATION DATE THAT'S IN THIS LEGISLATION?

MR. ZEBROWSKI: AS I SAID EARLIER, MR. WALCZYK,

IT'S TOUGH TO PUT A SPECIFIC EXPIRATION BECAUSE THERE ARE MULTIPLE

EXPIRATION DATES. THE EXPIRATION DATE OF THE ABILITY TO ISSUE NEW

DIRECTIVES IS IMMEDIATE. THE EXPIRATION DATE FOR CURRENT DIRECTIVES IS

30 DAYS. THERE'S A PROCESS, A REVIEW PROCESS SET UP BY WHICH THEY

COULD BE PRESENTED TO BE EXTENDED WITH LEGISLATIVE COMMENT. BUT, OF

COURSE, 30 DAYS ISN'T EVEN REALLY ACCURATE BECAUSE THE LEGISLATURE

COULD EXPIRE ANYTHING AT ANY TIME.

MR. WALCZYK: I'M -- I'M GLAD YOU BROUGHT UP

DIRECTIVES AND I APPRECIATE THAT BECAUSE IT LEADS INTO MY NEXT QUESTION.

WHEN IT COMES TO MODIFICATIONS OF DIRECTIVES, AS YOU'VE LAID OUT IN THIS

-- AS THE SPEAKER HAS LAID OUT IN THIS PIECE OF LEGISLATION WHICH YOU ARE

DEBATING HERE TODAY, WHAT ARE THE LEFT AND RIGHT LIMITS IN THIS

LEGISLATION TO SAY THIS MODIFICATION REALLY ISN'T IN KEEPING WITH THE IDEA

OF THIS EXECUTIVE ORDER, IT'S GONE TOO FAR. ARE THERE LEFT AND RIGHT

LIMITS WRITTEN INTO THIS LEGISLATION, OR DOES THE EXECUTIVE HAVE THE

ABILITY TO PRETTY MUCH ISSUE ANYTHING AS A MODIFICATION WITHIN AN

EXISTING EXECUTIVE ORDER?

MR. ZEBROWSKI: YOU CAN FIND THAT LANGUAGE ON

PAGE 3, SUBSECTION D, LINES 17 THROUGH 26.

MR. WALCZYK: SO EXECUTIVE ORDER 202.96, IF THAT

STAYS IN PLACE, WILL THIS ALLOW THE GOVERNOR TO, FOR EXAMPLE, STONEWALL

AN INVESTIGATION THAT THE ATTORNEY GENERAL IS LAUNCHING INTO HIS CURRENT

ADMINISTRATION?

NYS ASSEMBLY MARCH 5, 2021

MR. ZEBROWSKI: NO. I DON'T -- I DON'T BELIEVE SO.

WHAT -- WHAT -- WHAT'S THE QUESTION?

MR. WALCZYK: UNDER EXECUTIVE ORDER 202.96, IF

THAT EXECUTIVE ORDER STAYS IN PLACE, WHICH THIS DOESN'T --

MR. ZEBROWSKI: I -- I DON'T HAVE ALL MY

EXECUTIVE ORDERS IN FRONT OF ME. COULD YOU READ ME 202.96?

MR. WALCZYK: WELL, THIS IS AN EXECUTIVE ORDER

THAT WOULD ALLOW HIM TO BLOCK THE ATTORNEY GENERAL, BECAUSE HE'S IN A

STATE OF AN EMERGENCY, BLOCK THE ATTORNEY GENERAL OR NOT RESPOND TO

THE ATTORNEY GENERAL BECAUSE OF THIS STATE OF EMERGENCY THAT HE'S

DECLARED. AND BECAUSE THE ATTORNEY GENERAL IS LAUNCHING AN

INVESTIGATION INTO HIS OFFICE, WHICH YOU MAY BE AWARE OF, I'M

CONCERNED THAT THIS LEGISLATION DOESN'T GO FAR ENOUGH IN SAYING THAT THIS

PARTICULAR EXECUTIVE ORDER SHOULD NOT STAND.

MR. ZEBROWSKI: MR. WALCZYK, I DO NOT KNOW OF

ANY EXECUTIVE ORDER. I'M ALSO NOT SURE IS IT -- IS THIS 202.96 A DIRECTIVE

OR IS IT PURSUANT TO HISTORICAL POWERS. I -- I DON'T KNOW OF ANY

EXECUTIVE ORDER THAT WOULD GIVE HIM THE ABILITY TO SUBVERT THE

ATTORNEY GENERAL IN ANY INVESTIGATION. YOU'RE WELCOME TO SPEAK ON

THE BILL AND DESCRIBE THE EXECUTIVE ORDER AND ALL THE THINGS YOU THINK,

BUT, YOU KNOW, JUST SORT OF THROWING IT AT ME, I DO NOT BELIEVE SO --

MR. WALCZYK: YEAH.

MR. ZEBROWSKI: YOU KNOW, YOU COULD READ ME

202.96 --

MR. WALCZYK: NO, THAT'S -- THAT'S --

NYS ASSEMBLY MARCH 5, 2021

MR. ZEBROWSKI: -- WE CAN DISCUSS IT ON THE FLOOR

AND I CAN TRY TO INTERPRET IT FOR YOU.

MR. WALCZYK: I'LL MOVE ON BECAUSE IN 15

MINUTES THERE'S A -- THERE'S A LOT OF POINTS THAT I WOULD LIKE TO MAKE AND

I THINK WE'LL PROBABLY FIND OUT IF HE'S STILL MULLING THE ATTORNEY

GENERAL BY ABUSE OF HIS EXECUTIVE OVERREACH. I WOULDN'T WANT TO

CONTINUE TO ENABLE THAT BEHAVIOR, BUT I'LL MOVE ALONG.

MR. ZEBROWSKI: I WOULDN'T EITHER, MR. WALCZYK.

SO IF YOU THINK THERE'S AN EXECUTIVE ORDER AND WE CAN'T DISCUSS IT HERE,

CALL ME AFTER AND WE'LL WORK ON IT TOGETHER.

MR. WALCZYK: I -- I APPRECIATE THAT. AND, LIKE

YOU JUST DESCRIBED, I THINK THE OVERWHELMING NUMBER OF EXECUTIVE

ORDERS, AS WELL AS THE BREADTH OF ALL OF THESE EXECUTIVE ORDERS MAKE IT

VERY DIFFICULT TO KEEP IN TOUCH WITH EACH ONE OF THEM WHEN WE DON'T

DELIBERATE IN CHAMBERS LIKE THE ASSEMBLY OR ACROSS THE BUILDING IN THE

SENATE AND HAVE THESE OPEN DIALOGUES ABOUT HOW OUR GOVERNMENT

SHOULD RUN, IT CAN BE VERY CONFUSING. SO I HEAR YOUR POINT.

WILL THIS BILL STOP THE GOVERNOR FROM WITHHOLDING

FUNDS TO SCHOOL DISTRICTS AND LOCAL GOVERNMENTS?

(PAUSE)

MR. ZEBROWSKI: SO, MR. WALCZYK, I -- I'VE

THOUGHT OF THIS AND I THOUGHT OF THAT EXECUTIVE ORDER IN PARTICULAR, AND

I WOULD SAY WITHIN THE PARAMETERS OF THIS BILL, IT WOULD NO LONGER BE

EFFECTIVE BECAUSE IT WOULD NOT -- IT WOULD NOT COMPLY WITH THE

LANGUAGE I READ EARLIER IN THAT IT HAS NOTHING TO DO WITH THE SPREAD

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AND/OR REDUCTION OF COVID-19. IT'S NOT AN IMMINENT THREAT TO PUBLIC

HEALTH AND SAFETY. THAT BEING SAID, THERE'S BUDGETARY LANGUAGE, AS YOU

KNOW. SO I'D HAVE TO SORT OF CONFER WITH THE CHAIR OF WAYS AND

MEANS, COMBINE THOSE TWO. BUT WITHIN THE FOUR CORNERS OF THIS BILL,

THAT WOULD NOT MEET THAT CRITERIA. I'D NEED TO SPEAK TO THE -- TO THE

CHAIR OF WAYS AND MEANS TO GET AN ANALYSIS OF HOW IT INTERPLAYS WITH

THAT BUDGETARY LANGUAGE.

MR. WALCZYK: I THINK -- AND I -- I APPRECIATE YOUR

RESPONSE. I THINK THAT I CAN UNDERSTAND WHAT YOU'RE TRYING TO SAY HERE.

THE -- THE CHANGING OF THE BUDGET WAS SOMETHING THAT WAS EXTENDED

WITHIN THE BUDGET, YOU KNOW, IF YOU VOTED FOR THE BUDGET LAST YEAR YOU

WERE VOTING TO GIVE THE GOVERNOR SOME EXTRAORDINARY ABILITY

THROUGHOUT THIS YEAR TO ALSO DEAL WITH THE FISCAL CRISIS THAT GOES ALONG

AS A THIRD ORDER OF EFFECT OF OUR GOVERNMENTAL REACTION TO THE COVID

CRISIS. SO THAT BUDGET COMING UP IN A FEW WEEKS, DOES THIS PIECE OF

LEGISLATION WHICH IS SUPPOSED TO -- WELL, IT SAYS "TERMINATION OF

EXECUTIVE POWERS BY THE LEGISLATURE." DOES THIS DO ANYTHING TO

ADDRESS -- CAN -- IF WE VOTE ON THE BUDGET IN THREE WEEKS FROM NOW,

DOES THE GOVERNOR HAVE THE ABILITY TO CHANGE THAT BUDGET IN PERPETUITY

AT ANY TIME HE FEELS AS LONG AS THIS EMERGENCY PANDEMIC CONTINUES?

MR. ZEBROWSKI: NO, I DON'T BELIEVE SO.

MR. WALCZYK: OKAY.

MR. ZEBROWSKI: AS YOU MENTIONED, THERE'S

BUDGETARY LANGUAGE THAT WAS PASSED LAST YEAR THAT GIVES CERTAIN

AUTHORITY, AND SOME OF THAT AUTHORITY IS SUPPOSED TO, IF THEY'RE GOING TO

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EXERCISE IT, THEY'RE GOING TO MAKE CERTAIN CUTS, THEY WERE SUPPOSED TO

BE SENT BACK TO THE LEGISLATURE, SOME OF THOSE THINGS THAT HAVE SORT OF

BEEN WITHHOLDING AND IF IT'S A WITHHOLD, IT HAS TO BE A NOTIFICATION TO

THE LEGISLATURE. SO THERE'S A WHOLE BUDGETARY PROCESS THAT PROBABLY

SHOULD BE A QUESTION FOR CHAIR WEINSTEIN. BUT WITHIN THE -- YOU ASKED

ME IF WITHIN THE CONTEXT OF THIS BILL, DOES IT GIVE THE GOVERNOR POWER

TO DO ANYTHING BUDGETARILY GOING FORWARD? I DON'T BELIEVE SO.

MR. WALCZYK: WELL, YEAH, AS YOU -- AS YOU

UNDERSTAND, THE GOVERNOR HAS DELAYED PAYMENT TO CERTAIN NON-PROFITS,

HE'S STOPPED PAYMENT TO SCHOOL DISTRICTS, TO MUNICIPALITIES ON -- GRANT

PROGRAMS, VARIOUS FUNDING STEAMS THAT WE'VE GONE THROUGH THE ARDUOUS

BUDGET PROCESS HERE IN THIS CHAMBER TO ALLOCATE THOSE FUNDS. HE'S

STOPPED THOSE PAYMENTS. MY CONCERN IS THAT WE'RE NEGOTIATING A

BUDGET, OR MAYBE NOT EVEN, WE'RE PROBABLY JUST BEHIND THE SCENES

PREPARING OUR RUBBER STAMPS FOR THE GOVERNOR'S BUDGET, ONCE AGAIN,

AND THAT WE WON'T EVEN HAVE A SAY IN THE PROCESS, AND IT WON'T MATTER

WHAT -- WHAT BUDGET HE PRESENTS TO THE PUBLIC BECAUSE HE'LL RETAIN THE

AUTHORITY TO CHANGE THAT BUDGET WHENEVER HE PLEASES.

MR. ZEBROWSKI: MR. WALCZYK, YOU ARE REALLY

GOING FAR OUT OF BOUNDS OF THIS BILL.

MR. WALCZYK: FAIR -- THIS IS NOT -- BUT --

MR. ZEBROWSKI: CAN YOU LET ME ANSWER? I

MEAN, YOU ASKED A QUESTION. I -- I WOULD JUST SAY THE RUBBER-STAMPING

IS, I THINK, OUT OF BOUNDS. WE -- WE'LL VOTE ON A ONE-HOUSE BUDGET

RESOLUTION SOON AND NOT TO STEP ON THAT PROCESS, BUT I -- IT WON'T BE A

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RUBBER STAMP. BUT WITHIN THE CONTEXT OF THIS BILL, I DON'T KNOW WHAT

YOU'RE TALKING ABOUT. IF YOU CAN ANSWER ME A -- ASK ME THE QUESTION OF

HOW YOU'RE TRYING -- OF HOW THIS BILL RELATES TO THE BUDGET, MY SHORT

ANSWER IS IT DOES NOT. BUT IF YOU WANT TO HAVE A FURTHER DEBATE ON IT,

YOU HAVE TO EXPLAIN TO ME HOW YOU THINK IT DOES.

MR. WALCZYK: NO, THAT'S -- THAT'S FAIR, I APPRECIATE

IT. THE -- THE SHORT QUESTION WAS, DOES THIS ADDRESS THAT AND IT -- IT'S

CLEAR THAT IT DOESN'T. WILL THIS BILL PREVENT THE GOVERNOR FROM USING

CONTACT TRACERS TO HARASS OR REACH OUT TO CITIZENS THAT ARE OTHERWISE

LAW-ABIDING?

(PAUSE)

MR. ZEBROWSKI: SO YOUR QUESTION PRESUPPOSES

THAT CONTACT TRACERS ARE HARASSING PEOPLE. I'M -- I'M NOT SURE THAT I'VE

GOTTEN THAT IN MY DISTRICT, PERHAPS YOU HAVE IN YOURS. I'M NOT -- I DON'T

BELIEVE THE CONTACT TRACING IS WITHIN A DIRECTIVE EXECUTIVE ORDER. IT

COULD BE, BUT I GUESS THAT GOES BACK TO MY POINT EARLIER, WE NEED AN

ORDERLY PROCESS TO REVIEW ALL THESE THINGS AND SEE WHAT'S NECESSARY AND

NOT NECESSARY AND WHAT NEEDS TO BE CHANGED --

MR. WALCZYK: AGREE. BUT THERE'S NOTHING

SPECIFICALLY IN THIS LEGISLATION THAT WOULD PREVENT THAT TYPE -- TYPE OF

BEHAVIOR.

MR. ZEBROWSKI: I -- I LAID OUT THE CONSTRUCT OF

THIS LEGISLATION, SO I WOULD SAY IF YOU THINK THAT BEHAVIOR IS HAPPENING

AND YOU THINK IT'S WITHIN A DIRECTIVE THAT IS SOMEHOW GOING TO SURVIVE,

AND I DON'T BELIEVE IT IS BUT, ONCE AGAIN, I THINK THAT'S WHY WE NEED A

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REVIEW PROCESS OF ALL THESE DIRECTIVES, THEN I WOULD SAY THERE IS A

REVIEW PROCESS AND ABILITY FOR US TO CANCEL THAT OUT --

MR. WALCZYK: THANK YOU.

MR. ZEBROWSKI: BUT, ONCE AGAIN, IT'S -- YOU

KNOW, YOU'RE -- YOU'RE ASSUMING SOMETHING THAT I DON'T KNOW THAT I

ASSUME ABOUT CONTACT TRACING.

MR. WALCZYK: THAT'S FAIR. MR. SPEAKER, I HAVE A

NUMBER OF OTHER QUESTIONS, BUT IF THE SPONSOR WOULD YIELD FOR ONE LAST

SORT OF BIG PICTURE QUESTION HERE.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD FOR ONE LAST BIG PICTURE QUESTION?

MR. ZEBROWSKI: I WILL YIELD FOR ONE LAST BIG

PICTURE QUESTION.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

MR. WALCZYK.

MR. WALCZYK: A -- A LEADER IN NEW YORK STATE

THIS SUMMER SAID, "PEOPLE NEED TO BELIEVE IN GOVERNMENT;" WOULD YOU

AGREE?

MR. ZEBROWSKI: I DON'T HAVE ANY QUOTES IN FRONT

OF ME, MR. WALCZYK, SO TELL ME WHO SAID IT AND I'LL -- I WILL, YOU KNOW,

TAKE YOUR WORD FOR IT.

MR. WALCZYK: GOVERNOR ANDREW CUOMO IN A

BOOK THAT HE WROTE THIS SUMMER SAID, "PEOPLE NEED TO BELIEVE IN

GOVERNMENT," ON PAGE 21.

MR. ZEBROWSKI: I DID NOT READ THE BOOK.

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NYS ASSEMBLY MARCH 5, 2021

MR. WALCZYK: WELL, WOULD YOU AGREE WITH THE

SENTIMENT?

MR. ZEBROWSKI: PEOPLE NEED TO BELIEVE IN

GOVERNMENT, SURE.

MR. WALCZYK: OKAY. THANK YOU VERY MUCH ON

BEHALF OF THE SPEAKER FOR DEBATING THIS LEGISLATION.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

WALCZYK.

MR. WALCZYK: THE SAME INDIVIDUAL THAT WAS

WRITING A BOOK DURING THIS PANDEMIC, DURING THIS EMERGENCY PANDEMIC

THAT CONTINUES TO HAVE THOSE EMERGENCY POWERS, WHILE WRITING A BOOK

ALSO SAID, PEOPLE WILL MAKE THE RIGHT JUDGMENT IF THEY KNOW THE FACTS.

THE MAN WHO WAS LYING ABOUT THE FACTS AT THE SAME TIME WAS WRITING A

BOOK TELLING NEW YORKERS THIS IS THE WAY THAT YOU HANDLE AN AMERICAN

CRISIS. AND ON PAGE 28 SAYS, "PEOPLE WILL MAKE THE RIGHT JUDGMENT IF

THEY KNOW THE FACTS." I AGREE WITH THE STATEMENT, NOT THE MAN. ON 52,

I'VE GOT THE CLIFFSNOTES IN FRONT OF ME, ON PAGE 52, HE SAID, "WHAT

MATTERS MOST IS YOUR LEGACY AND YOUR INTEGRITY." WOW! I AGREE WITH

THE MAN'S ASSESSMENT OF HIMSELF, I CAN SEE THE WAY THAT HE CONDUCTS HIS

BUSINESS IN THAT OFFICE. HE CERTAINLY BELIEVES THAT THE MOST IMPORTANT

THING IS HIS LEGACY. I THINK ANOTHER LIE, IN ADDITION TO THE FACTS, THAT HE

WAS LYING TO THE PUBLIC AND LYING TO THIS BODY ABOUT WAS THAT INTEGRITY

IS ALSO IMPORTANT TO HIM.

ON PAGE 69, HE SAID FOR -- "FOR ME, THE LASTING FEELING

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WAS FEAR." THIS IS A LEADER. THIS IS THE LEADER OF NEW YORK STATE IN

THE MIDDLE OF AN EMERGENCY PANDEMIC, RETAINING EMERGENCY POWERS,

WRITING A BOOK ABOUT IT AND TELLING US THAT HE IS GRIPPED BY FEAR? ON

PAGE 87 HE SAYS, "NONESSENTIAL WORKERS, THEY'RE LUCKY THAT THEY DON'T

HAVE TO GO TO WORK." HAVE YOU GUYS ANSWERED THE PHONE IN YOUR

OFFICE LATELY? WHAT NONESSENTIAL WORKER HAS CALLED YOU UP AND SAID,

THANK GOODNESS I DON'T HAVE A JOB RIGHT NOW. THIS GUY IS SO FAR OUT OF

TOUCH.

HERE'S THE REST OF THE QUESTIONS -- AS MY TIME QUICKLY

EXPIRES: DOES THIS BILL THAT WE'RE VOTING ON RIGHT NOW PREVENT THE

GOVERNOR FROM FINING NEW YORKERS $10,000 FOR NOT FILLING OUT THE

PROPER TRAVELING FORMS? NO. DOES THIS BILL PREVENT THE GOVERNOR FROM

DECIDING WHOSE JOBS ARE ESSENTIAL AND WHOSE ARE NONESSENTIAL? NOPE,

SURE DOESN'T. DOES IT PREVENT HIM FROM DOING POP-UPS IN NEW YORK

STATE FOR HIS FAVORITE ARTISTS WHILE TELLING YOUR LOCAL RESTAURANT THAT THEY

CAN'T HAVE LIVE MUSIC? SURE DOESN'T. DOES IT ALLOW HIM TO -- DOES IT

STOP HIM FROM SUSPENDING COMPETITION BIDDING AT THE MTA AND

ANTI-CORRUPTION LAWS THAT OVERSEE THE MTA? NO, IT SURE DOESN'T. WHAT

ABOUT STOPPING KIDS FROM PLAYING SPORTS? IT DOESN'T DO THAT.

WHAT ABOUT STOPPING THE GOVERNOR FROM TELLING

PEOPLE HOW MANY VISITORS THEY CAN HAVE IN THEIR HOME? NOPE.

TELLING PASTORS HOW MANY PARISHIONERS THEY CAN HAVE IN THEIR CHURCH?

NO, NOT IN THIS BILL. IMPLEMENTING A MORATORIUM ON RENT? HUH, HE CAN

STILL DO THAT, IT'S NOT ADDRESSED HERE. DOES IT -- DOES THIS BILL PREVENT

THE GOVERNOR FROM TELLING WESTERN NEW YORKERS THAT CHICKEN WINGS

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AREN'T A SUBSTANTIAL MEAL? NO, HE CAN MODIFY AN ORDER. HE COULD DO IT

TOMORROW. CHICKEN WINGS AREN'T A SUBSTANTIAL MEAL AGAIN. SURE.

MAYBE HE EVEN BECOMES A JETS FAN TOMORROW, I DON'T KNOW. DOES IT

STOP HIM FROM DE-FUNDING STATE POLICE OR POLICE DEPARTMENTS THAT DON'T

COMPLY WITH RE-IMAGINING THEMSELVES? SURE DOESN'T. AN EXECUTIVE

ORDER THAT CAME DURING THIS PANDEMIC.

ACTING SPEAKER AUBRY: THE CLOCK HAS

STOPPED, SO PLEASE PUT YOUR LAST --

MR. WALCZYK: I APPRECIATE IT AND I -- I THANK YOU

FOR THE -- THE SLIGHT EXTENSION. MR. SPEAKER, I WOULD CONCLUDE BY

SAYING THIS BODY NEEDS TO STOP PLAYING PRETEND. THERE ARE VERY REAL

ISSUES BEFORE NEW YORKERS AND IF THE HEADLINE READS TOMORROW THAT

YOU REINED IN THE GOVERNOR, YOUR CONSTITUENTS ARE GOING TO EXPECT

SOMETHING FROM YOU. AND WHAT THEY EXPECT YOU TO DO IS TO VOTE NO ON

THIS AND ACTUALLY BE A CHECK ON THE EXECUTIVE. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MR. SMULLEN.

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

THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, MR. SPEAKER, I'LL YIELD.

MR. SMULLEN: THANK YOU, MR. ZEBROWSKI. I JUST

WANT TO GO BACK AND JUST TALK A LITTLE ABOUT WHAT EMERGENCY MEANS TO

YOU SINCE -- AND I DO APPRECIATE THE FACT THAT YOU'VE BEEN SENT OUT HERE

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TO DEBATE THIS BILL TODAY. YOU -- YOU MENTIONED BEFORE THAT SOMEONE

HAD SAID THE VIRUS IS OVER. WERE YOU REFERRING TO MY COMMENTS WHEN I

SAID THE EMERGENCY IS OVER?

MR. ZEBROWSKI: WAS THAT YOU, MR. SMULLEN? I

DID HEAR IT, I DON'T KNOW THAT I ATTRIBUTED IT TO SOMEBODY.

MR. SMULLEN: WELL, I -- I SAID THAT THE EMERGENCY

MR. ZEBROWSKI: THE EMERGEN --

MR. SMULLEN: -- THAT THE EMERGENCY IS OVER. SO

THEREFORE, I WANT TO TALK TO YOU A LITTLE ABOUT WHAT EMERGENCY MEANS TO

YOU. THE FIRST THING I'D LIKE TO DO IS GO TO YOUR -- YOUR BILL SUMMARY

WHERE IT HAS THE PURPOSE, WHERE IT SAYS, "THE PURPOSE OF THIS

LEGISLATION IS TO REPEAL PROVISIONS OF CHAPTER 23 OF THE LAWS OF 2020

AND ESTABLISH A NEW SYSTEM FOR THE EXTENSION AND MODIFICATION OF

DIRECTIVES ISSUED BY THE GOVERNOR DURING A DECLARED STATE OF

EMERGENCY." WHY DO WE NEED A NEW SYSTEM?

MR. ZEBROWSKI: WHY DO WE NEED A NEW SYSTEM?

FOR ALL THE REASONS I -- I MENTIONED EARLIER. DO YOU WANT ME -- DO YOU

WANT ME TO REPEAT THEM? BECAUSE WE BELIEVE THAT A YEAR LATER WE

COULD SET UP A BETTER PROCESS BY WHICH EXECUTIVE ORDERS COULD BE

HANDLED. THAT PROCESS IS BY WHICH HE SHALL -- THE GOVERNOR SHALL HAVE

NO LONGER AUTHORITY TO ISSUE ANY NEW DIRECTIVES AND THAT ALL EXISTING

DIRECTIVES BE SUBJECT TO EXPIRATION AFTER 30 DAYS, THE REVIEW PROCESS I

TALKED ABOUT AND -- AND OTHER THINGS, QUITE FRANKLY. YOU KNOW, WE

DON'T -- SOMEBODY MENTIONED THE LOCAL GOVERNMENTS, WE WILL WANT TO

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RESTORE SOME POWER TO THEM TO BE ABLE TO ISSUE EXECUTIVE ORDERS. WE

WANTED TO EMPOWER THE LEGISLATURE TO CANCEL THE EMERGENCY

DECLARATION AS A WHOLE IF WE FIND THAT WE'VE COME TO A POINT AND IT

MAKES NO SENSE, BECAUSE REMEMBER THAT THE GOVERNOR HAS HISTORICAL

POWERS, TOO, AND IT MAKES NO SENSE THAT -- THAT WE CONTINUE THAT. SO

WE FELT THAT THIS, GIVEN A YEAR LATER, WHAT WE'VE LEARNED, THIS IS THE BEST

PROCESS TO GO FORWARD WITH.

MR. SMULLEN: SO -- SO YOU THINK THE EMERGENCY

IS STILL EMERGENT?

MR. ZEBROWSKI: I THINK WE'RE STILL IN THE MIDDLE

OF THIS PANDEMIC RIGHT NOW, YES. I DON'T THINK WE'RE AT VACCINATION

NUMBERS WHERE VAST NUMBERS OF NEW YORKERS ARE NOT STILL AT RISK FOR

GRAVE INJURY TO THEIR HEALTH AND/OR DEATH.

MR. SMULLEN: SO, I'M NOT MAXI-OPTIMISTIC ABOUT

OUR FUTURE HERE IN NEW YORK, BECAUSE NEW YORKERS ARE VERY RESILIENT.

THE VACCINES ARE COMING. COULD YOU COMMENT, PLEASE, ON WHAT THE --

THE LEGISLATURE'S ROLE IS IN DIRECTING THE VACCINE AT THIS TIME, ITS

DISTRIBUTION AND ITS IMPLEMENTATION.

MR. ZEBROWSKI: THE VACCINE PROCESS AND

DISTRIBUTION OF THE VACCINE PROCESS IN GENERAL FALLS WITHIN THE

REGULATORY AUTHORITY OF THE DEPARTMENT OF HEALTH AND THE EXECUTIVE

BRANCH.

MR. SMULLEN: DOESN'T IT ALL.

MR. ZEBROWSKI: HOWEVER, I -- I HAVE A BILL, I --

MAYBE YOU DO, TO CHANGE -- TO CHANGE -- I HAVE TWO BILLS TO CHANGE

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THAT.

MR. SMULLEN: RIGHT. I -- I THINK THERE'S SOME

CHANGES NECESSARY TO GET LOCAL GOVERNMENTS MORE DIRECTLY INVOLVED,

SPECIFICALLY AS WE RAMP UP TOWARDS MASS VACCINATIONS. DOES THE

LEGISLATURE PLAN TO BECOME INVOLVED IN THAT OVERSIGHT ISSUE WITH THE

DEPARTMENT OF HEALTH?

MR. ZEBROWSKI: I DON'T KNOW THAT IT'S A QUESTION

FOR ME AS ONE INDIVIDUAL LEGISLATOR DEBATING THIS BILL, BUT I -- I HAVE

AGREEMENTS WITH YOU --

MR. SMULLEN: YEAH.

MR. ZEBROWSKI: -- ABOUT THE VACCINE PROCESS,

ABOUT LOCAL GOVERNMENTS. I -- I, YOU KNOW, WHEN WE HAVE LIMITED

NUMBER OF VACCINES, I'D LOVE TO HAVE MY COUNTY HEALTH DEPARTMENT

GETTING MORE OF THOSE VACCINES, DISTRIBUTING THEM IN AN ORDERLY

PROCESS. WE COULD PROBABLY HAVE A LOT OF AGREEMENT, I'M HAPPY TO

WORK WITH YOU ON THE ISSUE. BUT, I -- I CAN'T ANSWER THAT ENTIRE

QUESTION FOR THE BODY.

MR. SMULLEN: WELL CERTAINLY. I -- I HOPE THE

BODY CAN ANSWER IT IN ASSEMBLY SOMETIME SOON, BECAUSE THERE'S A LOT

OF ISSUES OUT THERE THAT HAVE REALLY BEEN BOTHERING PEOPLE IN MY

DISTRICT, AND I'M SURE IT'S VERY SIMILAR ACROSS NEW YORK STATE. I'LL GIVE

YOU A FOR INSTANCE. ONE IS REGARDING OUTDOOR AMUSEMENT PARKS. ON

APRIL 9TH, THEY'RE GOING TO BE ALLOWED TO OPEN AT 33 PERCENT CAPACITY.

WHEN DO YOU ANTICIPATE THEM BEING ABLE TO OPEN AT 100 PERCENT

CAPACITY?

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MR. ZEBROWSKI: I'D LIKE TO FIND OUT EXACTLY WHAT

DATA THE DEPARTMENT OF HEALTH HAS REGARDING SPREAD OUTDOORS AND WHAT

PROTOCOLS WOULD BE NECESSARY TO MITIGATE SPREAD RISK. AND IF THEY --

AND IF THOSE ANSWERS SUGGEST THAT 33 -- DID YOU SAY 30 PERCENT OR 33

PERCENT? IF 30 PERCENT IS NOT THE RIGHT NUMBER AND IT'S EITHER 100

PERCENT OR OTHER, IF IT'S 100 PERCENT, YOU KNOW, WE SHOULD CANCEL THE

DIRECTIVE. OTHERWISE, WE SHOULD PUSH FOR CHANGES TO -- TO THAT

DIRECTIVE OR ACT LEGISLATIVELY. ALL THOSE OPTIONS SHOULD BE AVAILABLE.

BUT I -- I AGREE WITH YOU, I AGREE WITH YOU; I HAVE MY QUESTIONS ABOUT

CAPACITY LIMITS IN OUTDOOR EVENTS.

MR. SMULLEN: SURE. AND THE SAME THING, THERE'S

A -- THERE'S A SERIES OF -- OF ISSUES THAT ARE VERY IMPORTANT TO ALL NEW

YORKERS. FOR INSTANCE, WHEN WILL THE MASK MANDATE END? IS IT WHEN

THE EMERGENCY IS DECLARED OVER, OR IS IT WHEN SCIENCE SAYS THAT WE NO

LONGER NEED TO WEAR MASKS, OR IT'S WHEN WE REACH HERD IMMUNITY.

WHAT IS THE LEGISLATURE'S ROLE IN DECIDING WHEN THE MASK MANDATE

ENDS?

MR. ZEBROWSKI: WELL, WE COULD DECIDE THE MASK

MANDATE ENDS TOMORROW. I MEAN, MAYBE WE HAVE A DISAGREEMENT ON

THIS, I -- I DON'T THINK IT SHOULD END TOMORROW, BUT I COULD THINK WE

COULD GET TO A POINT BY WHICH IT COULD BE ENDED. IT PROBABLY HAS TO DO

WITH VACCINATION PERCENTAGES. AND WHEN -- WHEN YOU ASK THE QUESTION

ABOUT THE EMERGENCY, IT'S AN INTERESTING QUESTION BECAUSE CERTAINLY

THERE ARE TIMES THAT DECLARATIONS OF EMERGENCY ARE MAINTAINED BECAUSE

THEY ARE NECESSARY FOR A FLOW OF FEDERAL FUNDS OR SOMETHING LIKE THAT.

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SO, YOU KNOW, THERE'S A LOT OF INTRICACY TO GOVERNMENT --

MR. SMULLEN: SURE.

MR. ZEBROWSKI: -- IT DOESN'T FIT SORT OF IN THE, YOU

KNOW, IN THE -- IN THE HEADLINES, IF YOU WILL, BUT THAT WE HAVE TO BE

AWARE OF AND -- AND WORRY ABOUT AS LEGISLATORS.

MR. SMULLEN: I -- I CERTAINLY THINK THAT'S THE CASE.

THERE'S A COUPLE -- COUPLE OF MORE SITUATIONS HERE. YOU KNOW, CAN

WEDDINGS BE SUBJECT TO THE SAME RULES AS HIGH-RISK SPORTS?

MR. ZEBROWSKI: CAN THEY BE --

MR. SMULLEN: CAN YOU DANCE AT A WEDDING?

MR. ZEBROWSKI: I -- I DON'T BELIEVE -- I DON'T

BELIEVE THEY'RE IN THE -- A SAME EXECUTIVE ORDER DIRECTIVE SO THERE'LL BE

NO ABILITY TO LUMP THOSE THINGS TOGETHER IN THE FUTURE IF THAT -- IF THAT'S

YOUR QUESTION.

MR. SMULLEN: SURE. I -- I APPRECIATE THAT. AND

IT'S NOT A TRICK QUESTION. IT'S A RHETORICAL QUESTION IN -- IN SOME WAYS.

THE LAST ONE, WHY ARE MUSIC CLASSES 12-FEET APART IN SCHOOLS?

MR. ZEBROWSKI: SO MY UNDERSTANDING, IT'S

INTERESTING, SCHOOLS HAVE BEEN MENTIONED A LOT, BUT MY UNDERSTANDING

IS THAT THE SCHOOLS' REGULATIONS ARE ACTUALLY A PRODUCT OF THE STATE

EDUCATION DEPARTMENT'S REGULATORY AUTHORITY AND THE DEPARTMENT OF

HEALTH'S REGULATORY AUTHORITY. SO I DON'T EVEN THINK THAT IT IS AN

EMERGENCY ORDER OR DIRECTIVE, BUT --

MR. SMULLEN: BUT THEY -- THEY ALL COME FROM --

MR. ZEBROWSKI: -- DO YOU HAVE A DIFFERENT

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UNDERSTANDING?

MR. SMULLEN: BUT THEY ALL COME FROM THE STATE

AND THEY'RE -- THEY'RE REQUIREMENTS THAT PEOPLE FEEL THAT THEY HAVE TO

MEET, ELSE WISE THEY COULD BE PENALIZED.

MR. ZEBROWSKI: YEAH, BUT IF -- IF WE'RE TALKING

ABOUT THIS BILL, IT'S -- IT'S GERMANE TO THE DISCUSSION IF, YOU KNOW, WE'RE

GOING TO SAY, YOU KNOW, IF THE AMENDMENT PASSED YOU WOULDN'T HAVE

THAT 12-FOOT RULE. I DON'T -- I DON'T KNOW THAT I BELIEVE THAT TO BE

CORRECT.

MR. SMULLEN: SURE.

MR. ZEBROWSKI: BECAUSE I THINK IT'S WITHIN THEIR

REGULATORY AUTHORITY OF STATE EDUCATION DEPARTMENT AND DEPARTMENT OF

HEALTH THAT WOULD HAVE BEEN THERE INDEPENDENT OF THIS ACTION ON

MARCH 2ND OF -- OF 2020.

MR. SMULLEN: AND, CERTAINLY, IF THIS -- IF THIS

BODY WERE TO ACT AND ACT IN AN OVERSIGHT ROLE ABOUT THESE DIRECTIVES, IF

THEY WENT LINE-BY-LINE THROUGH ALL THESE DIRECTIVES, WHICH I THINK IS A

USEFUL EXERCISE FOR THIS BODY TO DO, NOT ONLY SO YOU AND I KNOW, BUT SO

ALL MEMBERS KNOW WHAT THE STATE IS ACTUALLY DOING TO ITS CITIZENS. AND

BECAUSE THAT'S THE NUMBER ONE THING THAT I HEAR FROM ALL THE PEOPLE THAT

I TALK TO IS, YOU CAN'T DO THAT BUT YOU CAN DO THIS. IT SEEMS ARBITRARY. IT

SEEMS RANDOM. AND IT DOESN'T NECESSARILY JIVE WITH THE REALITY OF THEIR

LIVES OF -- OF GETTING A -- GETTING ABOUT AND GETTING ON WITH THEIR LIVES

AFTER THIS CRISIS HAS ABATED.

NOW ONE QUESTION THAT I -- I'D MENTIONED IN THE BILL

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SUMMARY ITSELF IS THAT THERE'S NO FISCAL IMPACT TO THIS BILL. NOW, HOW

CAN THAT BE THE CASE WHEN THERE'S A CONTINUED SHUTDOWN THAT'S -- THAT'S

CAUSED BY THIS BILL THAT THERE IS NO FISCAL IMPACT TO THE ACTIONS THAT

WE'RE GOING TO TAKE HERE TODAY. BUSINESSES AREN'T OPENING. THERE'S A

FISCAL IMPACT. PEOPLE WANT TO KNOW.

MR. ZEBROWSKI: I BELIEVE THAT THE FISCAL IMPACT

WHEN WE'RE TALKING ABOUT LEGISLATION HAS TO DO WITH DIRECT FISCAL

IMPACT, EXPENDITURE OF FUNDS, AND SO THAT'S WHAT WE BELIEVE IN THE

SPONSOR'S MEMO TO BE THE CASE. I CERTAINLY -- CERTAINLY SEE WHAT YOU'RE

SAYING IS THERE'S A WHOLISTIC ASPECT TO -- TO EVERYTHING, BUT IN TERMS OF

THE FISCAL IMPACT OF THIS BILL, WE BELIEVE THAT THAT'S CORRECT BY THE

PARAMETERS WE TALK ABOUT WITHIN THE LEGISLATURE.

MR. SMULLEN: SO I'M HOPEFUL THAT THE VIRUS CRISIS

IS RECEDING, BUT THE ECONOMIC CRISIS IS -- NEEDS TO BE DIRECTED TO RECEDE

AS WELL IS -- IS WHAT I WOULD ARGUE. BECAUSE ONE OF MY COLLEAGUES

BROUGHT UP ABOUT THE DIVISION OF THE BUDGET AND ABOUT HOW THEY'RE

STILL ABLE, AFTER TODAY, AFTER WE PASS THIS BILL, THE DIVISION OF THE BUDGET

WILL STILL BE ABLE TO HOLD MONIES BACK FROM PUBLIC ENTITIES IN THE FORM

OF STATE AID; IS THAT TRUE?

MR. ZEBROWSKI: SEE, IT'S ONE OF THE DIFFICULT

THINGS IN DRAFTING AND NEGOTIATING THIS BILL WITH THE SPEAKER, ALL MY

COLLEAGUES, IS THAT THERE'S SUCH A SNOWBALL OF ALL THESE ISSUES THAT I

THINK EVERYTHING HAS SORT OF BEEN SNOWBALLED INTO AS IF THEY'RE DIRECTLY

RELATED TO THE EMERGENCY POWERS AS AMENDED ON MARCH 2ND. SO SOME

OF THE THINGS YOU'RE MENTIONING ARE IMPORTANT ISSUES THAT WE NEED TO

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WORK ON, RIGHT? LIKE THE NURSING HOME PACKAGE THAT WE TALKED ABOUT.

THE SCHOOLS ARE IMPORTANT ISSUES. THE BUDGETARY ISSUES IS AN

IMPORTANT ISSUE. BUT THEY'RE NOT NECESSARILY OR DIRECTLY RELATED TO THE

MARCH 2ND BILL WE PASSED, OR EVEN THE BILL THAT WE'RE TALKING ABOUT

HERE.

MR. SMULLEN: SIR --

MR. ZEBROWSKI: THEY'RE ALL IMPORTANT ISSUES, BUT

WE HAVE TO, YOU KNOW, KEEP THEM COMPARTMENTALIZED AND ACT AS A

LEGISLATURE INDIVIDUALLY.

MR. SMULLEN: MOST DEFINITELY. SO HOW MANY

DIRECTIVES ARE AT PLAY HERE?

MR. ZEBROWSKI: WELL, I DO NOT KNOW THAT I HAVE

COMPLETELY ADDED UP --

MR. SMULLEN: A BALLPARK FIGURE. TEN, 20, 100?

MR. ZEBROWSKI: IT COULD BE UP TO 200 DIRECTIVES.

MR. SMULLEN: OKAY. SO, LET'S SAY 200 DIRECTIVES.

HOW MANY HAVE BEEN OVERTURNED BY THIS LEGISLATIVE BODY?

MR. ZEBROWSKI: WE HAVE NOT TAKEN ACTION TO

OVERTURN A DIRECTIVE.

MR. SMULLEN: ZERO. SO ZERO DIVIDED BY 200

EQUALS ZERO. THAT'S WHAT THIS LEGISLATURE, UNFORTUNATELY, HAS DONE IN

THIS CASE.

MR. SPEAKER, ON THE BILL, IF I COULD.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

SMULLEN.

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MR. SMULLEN: SO MY POINT IS THAT ALL OF THESE

DIRECTIVES, 200, HOWEVER MANY THERE ARE, NEED TO BE RIGOROUSLY

REVIEWED BY THE LEGISLATURE -- BY THE ASSEMBLY AND BY THE SENATE TO

MAKE SURE THAT THE PEOPLE ARE AMPLY REPRESENTED IN THE PROCESS, THE

PEOPLE FROM MY DISTRICT, THE PEOPLE FROM MY COLLEAGUES' DISTRICTS, THE

PEOPLE FROM ALL OVER NEW YORK STATE. THAT IS WHY WE COME TOGETHER.

AND THAT WAS WHY I SO VIGOROUSLY SUPPORTED THE AMENDMENT WHICH

WAS PREVIOUSLY OFFERED, IS BECAUSE IT WOULD ALLOW US TO ZERO-OUT LINE

BY LINE TO BE ABLE TO GO THROUGH THESE DIRECTIVES, TO PROVIDE SCRUTINY

AND OVERSIGHT AND REVIEW OF THE DEPARTMENT OF HEALTH, OF THE STATE

LIQUOR AUTHORITY, OF ALL OF THE STATE ENTITIES THAT HAVE BEEN ALL OVER

NEW YORK STATE TRYING TO ENFORCE THESE EXECUTIVE ORDERS.

AND IT'S MY BELIEF THAT THE VIRUS IS STILL A CRISIS, BUT I

THINK WE SHOULD PLAN ROBUSTLY TO GET OURSELVES OUT OF THIS CRISIS. AND

THE FIRST STEP WOULD BE TO DO OUR JOBS AS LEGISLATORS, TO BE ABLE TO

REVIEW ALL OF THESE DIRECTIVES, TO BE ABLE TO REVIEW THE POLICIES AND THE

PROCEDURES. NOTHING IS MORE IMPORTANT THAN THAT. NOTHING COULD BE

MORE IMPORTANT TO NEW YORK STATE IN THE COMING MONTHS THAN THIS

BODY TO SIT AND TO GO LINE BY LINE, DIRECTIVE BY DIRECTIVE AND FIND OUT

WHAT IS THE WILL OF THE PEOPLE, WHAT IS IN THE PUBLIC BENEFIT FOR THEIR

HEALTH? WHAT IS ACCEPTABLE FROM SCIENCE? WHAT IS ACCEPTABLE FROM

BUSINESS? WHAT IS ACCEPTABLE FROM THE BODY POLITIC, AND NOT HIDE

BEHIND A SHIELD THAT GIVES THE GOVERNOR THE POWERS BACK AND ALLOWS

HIM TO CONTINUE THEM WITHOUT PROPER REVIEW BY A COEQUAL BRANCH OF

GOVERNMENT.

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MR. SPEAKER, THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. RA.

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

ZEBROWSKI YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, I'LL YIELD, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. RA: THANK YOU. SO, I'M WONDERING IF YOU CAN

CLARIFY A COUPLE OF THINGS FOR ME. FIRST, I KNOW THERE'S BEEN, YOU

KNOW, I'M FOLLOWING WHAT WAS GOING ON IN THE SENATE, SO THERE'S BEEN

A LOT OF DISCUSSION ABOUT THE IDEA OF WHAT THE GOVERNOR SAID AND THE

MAJORITY -- THE DEPUTY MAJORITY LEADER IN THIS -- IN THE SENATE OUTRIGHT

SAID THE GOVERNOR LIED WHEN HE SAID HE WAS CONSULTED. BUT -- AND --

AND THEN MY OTHER COLLEAGUE TALKED ABOUT THE SECOND FLOOR, BUT IS IT --

ARE WE TO UNDERSTAND THAT NOBODY ASSOCIATED WITH THE GOVERNOR WAS

INVOLVED IN THE CRAFTING OF THIS?

MR. ZEBROWSKI: YES.

MR. RA: OKAY. NOW ONE OF THE THINGS THAT IS

CURRENTLY UNDER THE EXECUTIVE EMERGENCY POWERS FROM LAST YEAR THAT'S

BEEN TALKED ABOUT A LOT TODAY IS THIS ABILITY FOR A CONCURRENT

RESOLUTION, AND THAT'S SOMETHING THAT PREDATES LAST YEAR ACTUALLY IN

LAW, BUT AS IT PERTAINED TO SUSPENSIONS OF LAWS BUT NOT -- BUT THE

DIRECTIVES WERE THE NEW POWER, AS WE KNOW. NOW, IS YOUR

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UNDERSTANDING THAT -- BECAUSE I READ IT AND IT SAYS CONCURRENT

RESOLUTION CAN NEGATE AN EXECUTIVE ORDER, CORRECT?

(PAUSE)

MR. ZEBROWSKI: SORRY, MR. RA. SO YES, THAT'S

WHAT IT SAID. SO EXECUTIVE ORDERS CAN BE CANCELLED OUT BY JOINT

RESOLUTION.

MR. RA: OKAY. NOW THAT -- THAT LANGUAGE IS

RETAINED IN THIS NEW FORMAT, CORRECT?

MR. ZEBROWSKI: YES.

MR. RA: BUT -- AND MAYBE THIS IS SOMETHING THAT

WAS THOUGHT ABOUT IN THE DRAFTING OF THIS, I DON'T KNOW, YOU -- YOU

MIGHT BE AWARE. ONE OF THE CONCERNS I'VE HAD FOR A LONG TIME WITH

REGARD TO OUR POWER TO DO A CONCURRENT RESOLUTION IS IT SAYS

"EXECUTIVE ORDER;" IT DOESN'T SAY "DIRECTIVE." AND SO MANY OF THESE

EXECUTIVE ORDERS TOUCH ON DIFFERENT AREAS. LIKE I -- I WAS LOOKING AT

202.96 THAT HAS, YOU KNOW, PROVISIONS ABOUT -- ABOUT SCHOOLS AND

THINGS LIKE THAT, BUT THEN ALSO HAS THE CAPACITY RESTRICTIONS THAT ARE IN

PLACE IN NEW YORK CITY. THERE'S ANOTHER ONE THAT HAS THE EXTENSION OF

NEEDING TO ORDER FOOD IF YOU'RE AT A BAR AND -- AND THE 11:00 CLOSING

TIME. BUT THEN IT ALSO HAS PROVISIONS IN IT SUSPENDING TAX DEADLINES FOR

A LOCAL MUNICIPALITY. SO IF WE'RE PUT IN A SITUATION THAT WE HAVE TO

BASICALLY DO A CONCURRENT RESOLUTION SAYING WE WANT TO CANCEL

EXECUTIVE ORDER 202.96, IT SEEMS TO ME WE TAKE OUT THE GOOD WITH THE

BAD.

MR. ZEBROWSKI: IF -- IF THEY'RE ALL IN ONE

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EXECUTIVE ORDER YOU'RE SAYING?

MR. RA: YES.

MR. ZEBROWSKI: IT WOULD -- IT WOULD BE THE

ENTIRE EXECUTIVE ORDER. AND WE COULD ACT LEGISLATIVELY IMMEDIATELY,

RIGHT? LIKE SO SAY THE GOVERNOR -- SAY -- SAY THROUGHOUT THIS PROCESS

THE GOVERNOR DOES NOT PROVIDE SUFFICIENT DATA FOR A HOST OR A FEW OR

MANY OF THESE DIRECTIVES, AND WE ACT, WE COULD CERTAINLY ACT, ALMOST,

YOU KNOW, IMMEDIATELY ACT AND -- AND PASS LEGISLATION AND

PRESUMABLY, YOU KNOW, THAT WOULD BE ACCEPTABLE BECAUSE IT'S STUFF WE

WOULD ALL AGREE ON. YOU KNOW, WE LIKE THIS PART OF THE EXECUTIVE

ORDER BUT WE DON'T LIKE THAT, SO WE'RE GOING TO REJECT THE WHOLE THING

AND PASS LEGISLATION AT THE SAME TIME.

MR. RA: YEAH, I MEAN, WE CERTAINLY COULD DO THAT

NOW, WE COULD DO THAT IF WE HAD DONE THE OTHER BILL AND PASSED INTO

LEGISLATION, WHICH IS THE ARGUMENT MANY OF US HAVE BEEN MAKING. BUT

-- BUT I REALLY THINK THAT THAT, IF -- IF WE WANT TO HAVE AN EFFECTIVE CURB

ON THIS AND THE ABILITY TO MAKE THE MODIFICATIONS TO DIRECTIVES, YOU

KNOW, IF THE GOVERNOR PUTS OUT, AND I WOULD SAY IN SOME WAYS WE'RE

INCENTIVIZING HIM TO DO SO, HE'S GOING TO HAVE A LENGTH OF TIME BEFORE

THIS GOES INTO EFFECT THAT EVERYTHING GETS EXTENDED. SO -- SO NOW, YOU

HAVE ALL THESE DIFFERENCE DATES OF EXPIRATION GOING ON RIGHT NOW. AT

SOME POINT HE MAY DO A MEGA EXECUTIVE ORDER THAT HE'S GOING TO COME

TO US AND SAY, HEY, I'M EXTENDING ALL OF THESE THINGS, AND IT MAY BE

HUNDREDS OF DIRECTIVES, RIGHT, AND WE WILL BE PUT IN A POSITION THEN THAT

IF WE WANTED TO UNDO THOSE, WE HAVE TO UNDO THE ENTIRE EXECUTIVE

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ORDER. SO IT MAY BE, HEY, HERE'S THE -- HERE'S THE MASK MANDATE WHICH

-- WHICH I KNOW, YOU KNOW, YOU STATED EARLIER IT'S -- IT'S STILL NECESSARY

AND, YOU KNOW, AND I THINK -- I THINK THAT'S WIDELY LOOKED AT THAT WAY.

OR, YOU KNOW, ANY OTHER THING THAT WE HAVE COULD BE IN THE SAME ONE

AS THE GOVERNOR TRYING TO SAY WE WANT TO EXTEND AN 11:00 CURFEW ON A

GYM OR -- OR ON A BOWLING ALLEY.

MR. ZEBROWSKI: WELL, HE WOULDN'T BE ABLE TO

ISSUE ANY NEW DIRECTIVES, SO I DON'T KNOW THAT HE'D BE ABLE TO ISSUE AN

OMNIBUS DIRECTIVE AFTER THIS PASSES TO TRY TO JAM US LIKE THAT. AND ALSO,

I WOULD SUGGEST THAT --

MR. RA: WELL, IT WOULDN'T BE A DIRECTIVE, IT WOULD BE

AN EXECUTIVE ORDER --

MR. ZEBROWSKI: BUT IF IT'S -- IF IT'S AN EXECUTIVE

ORDER --

MR. RA: -- CONTAINING DIRECTIVES.

MR. ZEBROWSKI: -- EXTENDING DIRECTIVES, THEN IT IS

A DIRECTIVE, RIGHT? EVEN THOUGH IF IT IS CONTAINED BOTH SUSPENSIONS AND

DIRECTIVES WITHIN IT, IS -- ARE WE -- ARE WE TALKING ABOUT THE SAME THING

SORT OF THIS LIKE --

MR. RA: SURE.

MR. ZEBROWSKI: -- BIG, BIG UGLY EXECUTIVE

ORDER.

MR. RA: YEAH, THAT -- THAT WOULD -- THAT COULD

CONTAIN A WHOLE SERIES OF DIRECTIVES WITHIN IT.

MR. ZEBROWSKI: I DON'T THINK, I -- I DON'T THINK

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HE'D BE ABLE TO DO THAT UNDER -- UNDER THIS LAW, BECAUSE HE WAS NO LONG

-- HE WOULDN'T BE ABLE TO ISSUE ANY NEW DIRECTIVES. THAT WOULD BE A

NEW DIRECTIVE BY -- BY DEFINITION.

MR. RA: BUT IF IT'S -- IF IT JUST REFERENCES AN OLD

DIRECTIVE, HE'S ALLOWED TO MODIFY THAT, NO?

MR. ZEBROWSKI: I MEAN, A DIRECT -- WELL, HE'S

UNDER -- HE'S ONLY ABLE TO MODIFY IT AS IS DIRECTLY WITHIN THE BILL. BUT

YOU WOULDN'T BE ABLE TO ISSUE A BIG EXECUTIVE ORDER THAT CONTAINED

BOTH DIRECTIVES AND SUSPENSIONS AND THEN PRETEND THAT IT'S ONLY -- IT'S

ONLY SUSPENSIONS BECAUSE IT'S -- THERE'S SOME SUSPENSIONS IN THERE.

MR. RA: WELL, THAT -- THAT'S NOT -- THAT'S NOT WHAT I'M

MR. ZEBROWSKI: IT'S AN INTERESTING CONVERSAT --

SORRY. GO AHEAD.

MR. RA: BUT I -- I THINK IT'S SOMETHING WORTH

LOOKING AT. AND FOR MY COLLEAGUES, I -- I'M GOING TO BE DRAFT --

DRAFTING THIS -- THIS -- THIS LANGUAGE, ONE OF THE THINGS THAT I THINK

WOULD -- WOULD IMPROVE THIS BILL WAS IS IF IT SAID THAT THE LEGISLATURE

CAN TERMINATE DIRECTIVES BY CONCURRENT RESOLUTION RATHER THAN

EXECUTIVE ORDERS.

MR. ZEBROWSKI: I -- WOULDN'T THAT LIMIT IT,

THOUGH, MR. RA?

MR. RA: NO, BECAUSE WE'D BE ABLE TO SPECIFICALLY

SAY LET'S GET RID OF THIS DIRECTIVE INSTEAD OF HAVING TO BASICALLY, YOU

KNOW, IF WE WERE TO GO AND SAY LET'S HAVE -- LET'S GET RID OF EXECUTIVE

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ORDER, LIKE I SAID, 202.96, YOU'RE THROWING OUT EVERYTHING THAT'S IN THAT

EXECUTIVE ORDER, AND THAT'S WHAT WE HAVE THE POWER TO DO.

MR. ZEBROWSKI: OH, I SEE WHAT YOU'RE SAYING.

SO, YOU'RE NOT USING DIRECTIVES AS THE EXECUTIVE ORDER, YOU'RE USING

DIRECTIVE AS -- AS INDIVIDUAL THINGS WITHIN THE BILL.

MR. RA: CORRECT.

MR. ZEBROWSKI: SO, THE WAY -- THE WAY I WAS

THINKING OF IT IS IT'S ACTUALLY MORE EXPANSIVE THIS WAY, BECAUSE WE

THEORETICALLY COULD CANCEL OUT BOTH A DIRECTIVE EXECUTIVE ORDER AND

ALSO A HISTORIC EXECUTIVE ORDER UNDER HIS TRADITIONAL POWERS DEALING

WITH SUSPENSIONS. SO I WAS THINKING ABOUT IT THAT WAY. YOU KNOW, IT'S

AN INTERESTING DISCUSSION ABOUT WHETHER OR NOT WE WOULD BE ABLE TO

MODIFY, BECAUSE IF WE START MODIFYING IN A WAY, THEN, WE ARE

LEGISLATING AND I, YOU KNOW, I'D LOVE TO HAVE THIS CONSTITUTIONAL DEBATE

WITH YOUR COLLEAGUE BECAUSE IN SOME WAYS, RIGHT, THAT WOULD BYPASS --

MR. RA: I CAN'T IMAGINE WHO YOU'RE TALKING ABOUT.

MR. ZEBROWSKI: YOU KNOW, THIS IS JUST SORT OF

CANCELLING IT OUT. IF WE START MODIFYING AND CHANGING THINGS, THEN

PERHAPS WE'RE LEGISLATING OUTSIDE OF THE NORMAL LEGISLATIVE PROCESS.

BUT IT'S SOMETHING THAT WE CERTAINLY COULD CONSIDER GOING FORWARD.

BUT I THINK THAT IS A HURDLE THAT WE PROBABLY HAVE TO FLESH OUT.

MR. RA: OKAY. SO ONE OF THE OTHER THINGS THAT

WOULD BE CERTAINLY A CONCERN WITH -- WITH REGARD TO THE CONSULTATION

PORTION OF THIS, RIGHT. SO, CAN -- CAN YOU, YOU KNOW, STATE OR -- OR -- OR

MAYBE COMMIT THAT THERE WILL BE SOME LEVEL OF TRANSPARENCY THAT --

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THAT THE REST OF THE LEGISLATURE WILL KNOW WHEN THE ADMINISTRATION

COMES FORWARD ANDS SAYS, HEY, I'M EXTENDING THE 11:00 P.M. CURFEW,

HERE'S THE DATA I HAVE, HERE'S THE CERTIFICATION FROM THE HEALTH

COMMISSIONER, SO THAT WE CAN ALL SEE IT. I KNOW THE -- THE STATUTE ONLY

REQUIRES THE COMMITTEE CHAIRS, LEADERS AND AS MANY OF MY COLLEAGUES

SAID, DOESN'T INCLUDE OUR SIDE OF THE AISLE OR REALLY THE RANK AND FILE

LEGISLATORS IN GENERAL.

MR. ZEBROWSKI: SO I WANT TO BE CAREFUL TO

COMMIT TO THINGS THAT I CAN COMMIT, RIGHT, BECAUSE OBVIOUSLY I CAN'T

COMMIT THE WHOLE BODY TO -- TO ANYTHING, BUT I THINK I CAN COMMIT TO

SAY THAT THE INTENTION WOULD BE IF THE GOVERNOR ISSUES AN EXTENSION

THAT THAT WOULD BE SOMETHING THAT WOULD BE MEANT TO BE SHARED WITH

ALL THE MEMBERS. ALSO, I BELIEVE, YOU KNOW, IT'S NOT TALKED ABOUT

MUCH, BUT THE FACT THAT IT WOULD HAVE TO BE ON THE WEBSITE IN A

SEARCHABLE MANNER IS PRETTY IMPORTANT. I DON'T KNOW ABOUT YOU, BUT

WHEN THIS WHOLE THING STARTED I USED TO READ THE EXECUTIVE ORDERS AND

TRY TO GIVE ADVICE ON IT AND THERE'S SO MANY EXECUTIVE ORDERS AT THIS

POINT THAT CROSS REFERENCE OTHERS THAT IT'S EXTREMELY DIFFICULT FOR

SOMEONE IN OUR DISTRICT, LET ALONE US, TO FIGURE IT OUT SO --

MR. RA: ABSOLUTELY.

MR. ZEBROWSKI: -- IT WOULD BE ON THERE AS WELL.

SO, I -- I DON'T WANT TO OVERPROMISE, BUT I THINK THE INTENTION WOULD BE

THAT THERE WOULD BE THAT PROCESS WHERE EVERYBODY WOULD BE NOTIFIED

AND THERE WOULD BE A DISCUSSION AMONGST EVERYBODY.

MR. RA: OKAY. THANK YOU, MR. ZEBROWSKI.

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MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: SO -- SO LIKE I SAID, YOU KNOW, THAT IS ONE

OF THE MANY CONCERNS I HAVE WITH THIS BILL, BECAUSE IF WE WERE TO LOOK

AT DIRECTIVES, AND WHEN I SAY DIRECTIVES, I MEAN THOSE SPECIFIC THINGS

THAT THE GOVERNOR HAS DONE THAT HE HAS CALLED LAWS. AND IF WE ARE STILL

IN A POSITION THAT AN EXECUTIVE ORDER ISN'T WHAT WE CAN CANCEL RATHER

THAN THE DIRECTIVE, IT SEEMS TO ME IF THE ADMINISTRATION WERE TO COMPLY

WITH WHAT'S ON THE FACE OF THIS IN TERMS OF -- IN TERMS OF MODIFYING A

CURRENT DIRECTIVE, THE NOTICE, THE DATA, WHICH AS I SAID EARLIER WHEN I

WAS TALKING ON THE AMENDMENT IS COMING FROM A DEPARTMENT THAT WE

JUST LEARNED, ONCE AGAIN, LAST NIGHT WAS -- WAS CHANGING INFORMATION TO

MAKE THEMSELVES LOOK BETTER. SO I MEAN, THEY COULD COME UP WITH

DATA THAT -- THAT THEY THINK JUSTIFIES A PARTICULAR DIRECTIVE AND COME

FORWARD AND PROMULGATE IT AND -- AND THEN HAVE IN THE SAME -- YOU

KNOW, THERE COULD BE AN EXECUTIVE ORDER THAT SAYS, I HEREBY EXTEND

DIRECTIVE... YOU KNOW, WHATEVER, AND THEN IN THE SAME EXECUTIVE ORDER

THERE COULD ALSO BE A MODIFICATION OF SOMETHING RELATING TO, SAY,

VACCINES, THAT'S IMPORTANT, AND GETTING VACCINES OUT TO OUR SENIORS, OR

TO -- OR TO OTHER WORKERS, AND THEN WE'RE STUCK WITH BOTH.

SO, IT -- IT DOES START TO GET CLOSER INTO THE SIDE OF

LEGISLATING, WHICH AT THE END OF THE DAY IS WHAT WE SHOULD BE DOING

AND CAN DO ON ALL OF THESE MATTERS AND -- AND WE HAVE THROUGHOUT --

YOU KNOW, ONE OF THE THINGS WE HAVE DONE, WE HAVEN'T ACTED TO CANCEL

ANY EXECUTIVE ORDERS, BUT THERE WERE THINGS THAT WERE PROPOSED IN

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EXECUTIVE ORDERS AND THE LEGISLATURE CAME BACK AND SAID, YOU KNOW,

WE DON'T THINK THAT GOES FAR ENOUGH, OR WE DON'T LIKE THIS APPROACH,

AND WE'VE CHANGED IT AND -- AND PUT THINGS INTO STATUTE. YOU KNOW, WE

DID IT WITH SOME OF THE -- THE VOTING MEASURES THAT -- THAT WERE DONE

WITH REGARD TO, YOU KNOW, ABSENTEE BALLOTING, WITH REGARD TO

PETITIONING. SO THAT HAS HAPPENED THROUGHOUT IT. AND ANYTHING THAT

WE THINK IS CURRENTLY IN A DIRECTIVE THAT WE THINK IS GOOD AND STILL

NECESSARY, WE HAVE THE ABILITY TO DO THAT. WE ARE THE LEGISLATURE. WE

WENT OUT, EVERY SINGLE ONE OF US, WHETHER YOU'RE BRAND NEW HERE OR

YOU'VE BEEN HERE 20 YEARS, EVERY SINGLE ONE OF US IN THE MIDDLE OF A

GLOBAL PANDEMIC, IN THE MIDDLE OF ALL THE STRESS OF IT, SEEING THE

CHALLENGES THAT LIED AHEAD, WENT INTO OUR -- OUR DISTRICTS AND SAID, ELECT

ME TO REPRESENT YOU IN ALBANY. ELECT ME TO TAKE WHAT'S BEST FOR OUR

COMMUNITY INTO ACCOUNT WHEN I'M VOTING ON LAWS THAT ARE GOING TO

IMPACT YOUR DAY TO DAY LIVES. AND TO CONTINUE TO LET SOMEBODY ELSE

EXERCISE THOSE POWERS FOR US IS SOMETHING THAT I JUST CAN'T SUPPORT.

I UNDERSTAND, LIKE SO MANY OTHERS, THAT WHEN WE VOTED

ON THIS THE FIRST TIME, THERE WAS SO MUCH UNCERTAINTY. MR. ZEBROWSKI

SAID IT VERY WELL, WE -- WE DIDN'T EVEN KNOW WHAT WE NEEDED TO BE

CONCERNED WITH AT -- AT THAT POINT. YOU KNOW, YOU MENTIONED THE

GLOVES VERSUS MASK, I MEAN -- AND -- AND NONE OF US COULD HAVE EVER

IMAGINED THAT WE'D STILL BE HERE UNDER THESE CIRCUMSTANCES AS -- AS

WE'VE NOW BEEN FOR OVER A YEAR. SO WE CAN MEET AT ANY TIME, WE HAVE

THE ELECTRONIC MEANS TO DO SO. AND THERE -- I JUST DON'T SEE ANY

SITUATION UNDER WHICH WE COULDN'T ACT APPROPRIATELY WHEN YOU NEED IT.

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NYS ASSEMBLY MARCH 5, 2021

SO I -- I CAN'T SUPPORT SOMETHING THAT WILL ALLOW THIS TO

GO ON INDEFINITELY. YES, WE HAVE THE POWER TO END THE -- THE STATE OF

EMERGENCY AND THE POWER TO -- TO DO THE CONCURRENT RESOLUTIONS, BUT

WE HAVEN'T IN THE LAST YEAR, WE HAVEN'T DONE IT A SINGLE TIME. SO I HAVE

NO REASON TO THINK THAT WE'RE SUDDENLY GOING TO HAVE THIS FLURRY OF

ACTIVITY TO -- TO UNDO DIRECTIVES. I HOPE I'M WRONG. AND I SAID LAST

YEAR THE DAY WE WERE ADOPTING THESE EMERGENCY POWERS, I HOPE WE ARE

READY TO WIELD IT BECAUSE BOTH MY -- MY OPINION AND -- AND THIS -- THIS

BODY MEANS A LOT TO SO MANY OF US PERSONALLY, MY OPINION IS WE ACTED

AS A LEGISLATURE APPROPRIATELY, BUT IT WAS THE EXECUTIVE WHO THEN TOOK

THOSE POWERS AND DIDN'T. AND WE NEED TO MOVE FORWARD TO THE -- YOU

KNOW, MY COLLEAGUE SAID THE REGULAR ORDER BEFORE. HE WASN'T TALKING

ABOUT JUST SAYING NO RESTRICTIONS, EVERYTHING'S OVER. WHAT HE WAS

SAYING IS THE REGULAR LEGISLATIVE ORDER OF -- OF OUR FUNCTIONING AS A

BODY.

SO THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR. RA.

MR. MONKELOW -- MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

(LAUGHTER)

I'VE HEARD AT LOT OF DIFFERENT ONES, AND THAT WAS A GOOD

ONE.

ACTING SPEAKER AUBRY: IT'S BEEN A LONG DAY,

MR. MANKTELOW.

MR. MANKTELOW: YES, SIR, AND I APPRECIATE IT.

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SO, MR. SPEAKER, WOULD THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, I YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. MANKTELOW: THANK YOU, MR. ZEBROWSKI.

AS YOU SAID, IT'S BEEN A LONG DAY SO I'LL KEEP MY QUESTIONS VERY SHORT

AND TO THE POINT THAT WE WILL GET MOVING. AGAIN, A COUPLE -- A COUPLE

OF MY COLLEAGUES HAVE ASKED THIS QUESTION AND I -- I GUESS I'M JUST

MISSING SOMETHING HERE. SO WHEN THIS BILL WAS PUT TOGETHER, AGAIN,

THERE WAS NO INVOLVEMENT FROM THE SECOND FLOOR OR THE GOVERNOR, IS

THAT CORRECT?

MR. ZEBROWSKI: CORRECT.

MR. MANKTELOW: THEN -- THEN WHY DOES THE

GOVERNOR -- OR WHY DID HE SAY THAT WE'VE REACHED AN AGREEMENT --

WELL, WHAT DOES THAT MEAN TO YOU? I MEAN, I KNOW WHAT IT MEANS TO

ME, THAT -- THAT WE'VE TALKED, WE'VE COME UP WITH A CENSUS -- OR A

CONSENSUS OF, HEY, WE'RE GOING TO -- WE'RE GOING TO DO THIS. SO -- SO

WHY WOULD HE SAY THAT IF THERE'S -- IF NOTHING HAD BEEN DONE BETWEEN

THE SENATE, THE ASSEMBLY AND HIMSELF?

MR. ZEBROWSKI: I HAVE NO IDEA, MR. MANKTELOW,

AND HAVE NO IDEA -- I CAN'T -- CANNOT PUT MYSELF IN THE GOVERNOR'S HEAD.

ALL I CAN SAY IS THAT THE ASSEMBLY, MY COLLEAGUES AND I WHO WERE

INVOLVED IN THIS BILL WORKED VERY HARD ON ATTEMPTING TO COME TO A

CONSENSUS. THE SENATE WORKED VERY HARD TO COME TO A CONSENSUS.

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YOU PROBABLY HEARD IN THE PROCESS, THE SENATE HAD SOME IDEAS, THE

ASSEMBLY HAD SOME IDEAS AND THEN WE -- WE CAME TO A CONSENSUS

BETWEEN THE TWO HOUSES, GOVERNOR HEARD ABOUT IT, I CAN'T PUT MYSELF IN

HIS HEAD AS TO WHY HE SAID WHAT, WHEN.

MR. MANKTELOW: I UNDERSTAND, AND I APPRECIATE

YOUR ANSWER AND I'M NOT SURE I'D WANT TO BE IN HIS HEAD EITHER AT THIS

POINT.

SECOND -- SECONDLY, IF THIS BILL DOES PASS, AND IT WILL

PASS, WE KNOW IT WILL PASS, OTHERWISE IT WOULDN'T BE ON THE FLOOR TODAY.

DOES THE GOVERNOR STILL HAVE THE POWER TO DO CHANGES WITH THE OTHER

ALREADY ESTABLISHED DIRECTIVES WITH OUR -- WITH OUR NURSING HOMES?

MR. ZEBROWSKI: I'M SORRY, I -- I HAD A HARD TIME

-- CAN YOU REPEAT THE QUESTION?

MR. MANKTELOW: SURE. I'M SORRY, I APOLOGIZE.

DOES THE GOVERNOR -- IF THIS BILL PASSES, WILL THE GOVERNOR CONTINUE TO

HAVE THE ABILITY TO LEGIS -- OR TO PUT DIRECTIVES OVER OUR COUNTY -- OR

OVER OUR NURSING HOMES?

MR. ZEBROWSKI: HE'LL HAVE NO ABILITY TO ISSUE

NEW DIRECTIVES.

MR. MANKTELOW: BUT HE CAN MODIFY THE OLD

DIRECTIVES, CORRECT?

MR. ZEBROWSKI: HE'S ABLE TO MODIFY THE OLD

DIRECTIVES PURSUANT TO THE LANGUAGE I SAID EARLIER THAT'S CONTAINED ON

PAGE 3. IF YOU WANT, WE CAN GO THROUGH THAT IN MORE DETAIL, 18 THROUGH

26, AND THEN, YOU KNOW, THERE'S THIS PROCESS BY WHICH EVERY DIRECTIVE

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EXPIRES WITHIN 30 DAYS AND THEY HAVE TO COME BACK TO THE LEGISLATURE

WITH A CERTIFICATION BY THE HEALTH DEPARTMENT UNDER THE STANDARDS I

SAID BEFORE, AND HOW IT ADDRESSES THE SPREAD OR REDUCTION OF

COVID-19, HOW IT'S AN IMMINENT THREAT TO PUBLIC SAFETY, AND THEN

WITHIN, YOU KNOW, THE -- THE POWER WE RETAIN TO CANCEL OUT ANY

DIRECTIVE.

MR. MANKTELOW: WELL, WHETHER THE GOVERNOR --

GOVERNOR HAD INVOLVEMENT IN THIS OR NOT, HE'S A VERY SMART INDIVIDUAL

AND I -- I THINK WE ALL KNOW THAT IF THERE'S A LITTLE -- A LITTLE WAY TO MAKE

SOMETHING HAPPEN, HE'S GOING TO MAKE IT HAPPEN.

SO, I KNOW YOU'RE A FAMILY MAN, I'M A FAMILY MAN,

LET'S GO BACK TO THE FAMILIES OF THE -- OF THE LOVED ONES THAT WERE IN THE

NURSING HOMES THAT PASSED AWAY. SHOULD THESE FAMILIES FEEL MORE

CONFIDENT TOMORROW IF THIS BILL PASSES THAT NOTHING ELSE WILL HAPPEN TO

THEIR -- TO THEIR LOVED ONES WITHIN THOSE NURSING HOMES?

MR. ZEBROWSKI: WELL, WHAT I WOULD SAY, MR.

MANKTELOW, IS THAT WE'RE DOING EVERYTHING POSSIBLE TO HONOR THOSE

FAMILIES. WE DID A PACKAGE OF NURSING HOME LEGISLATION THAT I WOULD

SUGGEST COULD BE MORE IMPORTANT TO THOSE FAMILIES THAN WHAT'S IN THE

PAGES OF THIS BILL. BUT WE ARE ATTEMPTING, THROUGH EVERYTHING WE DO, TO

-- TO THE EXTENT IT RELATES TO NURSING HOMES, HONOR THOSE FAMILIES THAT

LOST PEOPLE, HONOR THOSE FAMILIES THAT STILL HAVE FOLKS IN THE NURSING

HOMES.

MR. MANKTELOW: OKAY. I APPRECIATE THAT

ANSWER, AND THANK YOU. A LITTLE WHILE AGO, YOU TALKED ABOUT PRESIDENT

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BIDEN AND YOU HAD MADE A COMMENT, OR YOU HAD TALKED ABOUT THAT

THERE'LL BE ENOUGH VACCINES BY WHEN?

MR. ZEBROWSKI: EXCUSE ME?

MR. MANKTELOW: I THINK A WHILE AGO YOU HAD

MADE COMMENT THAT PRESIDENT BIDEN HAD SAID THAT WE'LL HAVE ENOUGH

VACCINES FOR ALL -- ALL AMERICANS?

MR. ZEBROWSKI: YEAH, I BELIEVE PRESIDENT BIDEN

SAID THAT HE EXPECTED THERE'D BE -- HE MOVED UP THE TIMELINE, EXPECTED

THERE WOULD BE ENOUGH VACCINES BY THE END OF MAY, SOMEBODY CORRECT

ME IF I'M WRONG, BUT I BELIEVE THAT'S -- THAT'S WHAT HE SAID. NOW, OF

COURSE, YOU KNOW, PRODUCTION AND, YOU KNOW, DISTRIBUTION ARE ALL

IMPORTANT THINGS WE NEED TO DEAL WITH IN STATES AS IT COMES FROM THE,

YOU KNOW, THAT BEING AVAILABLE IN THE FEDS TO IT BEING IN THE ARMS OF

OUR CONSTITUENTS.

MR. MANKTELOW: AND THE REASON I ASK THAT IS I

KNOW THAT ON OUR SOUTHERN BORDERS RIGHT NOW, WE HAVE A REAL ISSUE

WITH PEOPLE COMING IN AND SOME OF THOSE OR MANY OF THOSE ALREADY

HAVE THE COVID. AND I'VE GOT CONCERNS ABOUT THOSE INDIVIDUALS, YOU

KNOW, SPORADICALLY GOING THROUGH THE UNITED STATES. AND WHY I HAVE

THAT CONCERN IS, AGAIN, IF THIS BILL PASSES, IT'S GOING TO ALLOW OUR

GOVERNOR TO HAVE A -- A BASIC, NEVER END DATE, BECAUSE I -- I DON'T SEE

COVID GOING AWAY ANY TIME SOON. AND -- AND I BELIEVE THE GOVERNOR

DID SAY THAT HE'S GOING TO -- HE WILL KEEP HIS POWERS IN PLACE UNTIL THE

FEDERAL GOVERNMENT SAYS THE PANDEMIC IS OVER. AND SO, I HAVE GRAVE

CONCERN THERE THAT WE'RE GOING TO BE GOING THROUGH THIS FOR A VERY LONG

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TIME AND I -- I -- GO AHEAD.

MR. ZEBROWSKI: I WAS GOING TO SAY, WE -- WE

SHARE -- WE SHARE CONCERNS AND THAT'S WHY WE -- AN ADD -- A NEW POWER

IN THIS BILL FOR THE LEGISLATURE IS THE ABILITY TO REVOKE HIS EMERGENCY

DECLARATION AS A WHOLE. THAT DIDN'T EXIST BEFORE.

MR. MANKTELOW: SO, YOU -- YOU REALLY BELIEVE

THAT SOMETHING WILL BE ACTED ON, THEN, IF THIS DOES PASS?

MR. ZEBROWSKI: WELL, AS -- IN TERMS OF REVOKING

THAT?

MR. MANKTELOW: YES.

MR. ZEBROWSKI: AS I SAID EARLIER, IF WE GET TO A

POINT WHERE WE BELIEVE THAT, YOU KNOW -- SO SAY WE'RE IN, YOU KNOW,

MAY, JUNE, PEOPLE ARE VACCINATED, SAY WE'RE EARLIER THAN THAT, PEOPLE

VACCINATED, I HOPE JOHNSON & JOHNSON VACCINE COMES ONLINE AND, YOU

KNOW, JUST OPENS UP THE FLOODGATES TO VACCINATIONS. SAY THE -- SAY THE

-- THE INFECTION NUMBERS, YOU KNOW, REALLY START DROPPING, YOU KNOW, I

-- I -- THERE'S A WHOLE BUNCH OF HYPOTHETICALS, RIGHT? I DON'T EVEN WANT

TO THINK ABOUT THE OTHER HYPOTHETICALS, RIGHT, ONE OF THESE VARIANTS ALL

OF A SUDDEN TAKES OFF. I DON'T EVEN -- I DON'T EVEN WANT TO TALK ABOUT

THAT.

BUT SAY WE GET TO THAT POINT, YES, I BELIEVE THERE COULD

BE AN AGREEMENT WITHIN THE LEGISLATURE TO REVOKE THAT EMERGENCY

POWER. IN THE BACK OF MY HEAD AS I SAID EARLIER, YOU KNOW, WE HAVE TO

FIGURE OUT, MAKE SURE WE CAN STILL ACCEPT FEDERAL EMERGENCY FUNDS,

FEMA FUNDS AND THOSE TYPE OF THINGS. PERHAPS WE COULD -- WE COULD

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DO THAT. THOSE ARE -- THAT'S OUR JOB AS LEGISLATORS, TO TAKE INTO

CONSIDERATION THESE CONTINGENCIES BUT, YES, I -- I BELIEVE WE COULD GET

TO THAT POINT, ESPECIALLY IF WE THOUGHT THE GOVERNOR WAS JUST LEAVING IT

OUT THERE TO CONTINUE TO EXERT POWER UNDER HIS EMERGENCY POWERS.

REMEMBER, RIGHT, THERE IS -- THOSE EMERGENCY POWERS THAT EXISTED

PRE-MARCH 2020 THAT GOVERNORS HAVE USED THROUGHOUT OUR HISTORY. I

MEAN, PROBABLY THE MOST ANALOGOUS ONE ARE THE EXECUTIVE ORDERS FROM

GOVERNOR PATAKI DURING AND AFTER SEPTEMBER 11TH.

MR. MANKTELOW: SO YOU'VE MADE REFERENCE TO

THAT POINT SEVERAL TIMES. HOW DO WE -- HOW DO WE GET TO THAT POINT

AND WHO DECIDES WHAT THAT POINT IS?

MR. ZEBROWSKI: WELL, THAT WOULD BE A DIFFICULT

THING TO PUT INTO LEGISLATIVE LANGUAGE RIGHT NOW, UNLESS WE HAD A

DEFINITIVE STATISTIC THAT WAS GIVEN TO US MAYBE BY THE CDC, MAYBE BY,

YOU KNOW, DOCTORS, MAYBE SOME OF THE HEALTH PROFESSIONAL -- YOU

KNOW, THEIR PROFESSIONAL NETWORKS OR -- WHAT'S THE WORD, LIKE

ORGANIZATIONS. I THINK THE DISCUSSION WILL BE ONGOING AND I THINK IF YOU

GET A SENSE OF WHERE THE MEDICAL COMMUNITY IS, YOU KNOW, AND, OF

COURSE, WE HAVE FEDERAL AND STATE AGENCIES AND THOSE TYPE OF THINGS

THAT WEIGH IN. SO I'M NOT SURE THAT I COULD PUT INTO A BILL RIGHT NOW

THAT, YOU KNOW, IF THE INFECTION PERCENTAGE IS X PER WHATEVER AMOUNT

OF -- I DON'T KNOW THAT I HAVE THAT EXPERTISE.

MR. MANKTELOW: YEAH, NOR DO I, BUT I THINK -- I

THINK THAT'S WHY IT'S SO IMPORTANT THAT WE GET BACK TO GIVING OUR LOCAL

MUNICIPALITIES, OUR LOCAL COUNTY LEVELS, SOME DECISION-MAKING PROCESS,

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BEING PART OF THE DECISION-MAKING PROCESS BECAUSE WHERE YOU LIVE AND

WHERE I LIVE ARE TWO TOTALLY DIFFERENT AREAS, ARE FAR APART. AND I DON'T

WANT TO HOLD YOU UP, NOR DO I THINK YOU WANT TO HOLD MY COUNTY UP OR

MY DISTRICT UP. SO -- SO WE NEED TO MAKE SURE IF IT'S IN FUTURE

LEGISLATION OR IF WE CAN DO THIS THROUGH THIS DOWN THE ROAD, THAT WE GET

THOSE LOCAL MUNICIPALITIES BACK INVOLVED, THE LOCAL COUNTY

GOVERNMENTS, BECAUSE WE NEED TO BE PART OF THAT PROCESS SO WE KNOW

THE PROCESS IS REAL. AND BACK HOME AT OUR COUNTY HEALTH DEPARTMENTS,

AS I HAD SAID EARLIER TODAY, THOSE ARE THE BOOTS ON THE GROUND. THEY

KNOW OUR COUNTIES, THEY KNOW OUR RESIDENTS, THEY KNOW WHAT'S

WORKING, WHAT'S NOT WORKING, WHO IS VACCINATED, OR AT LEAST NOT YET, OR

WHO COULD BE VACCINATED AND WHERE WE'RE AT. SO I -- I WANT TO MAKE

SURE WE DO THAT MOVING FORWARD AND I'D BE GLAD TO WORK WITH ANYBODY

ON THAT, OKAY?

MR. ZEBROWSKI: I'D BE HAPPY TO WORK WITH YOU,

MR. MANKTELOW. AND I -- I'VE WORKED CLOSELY WITH MY LOCAL HEALTH

DEPARTMENT AND HAVE A LOT OF, SORT OF, FAITH IN THEM. I GUESS THE

QUESTION I WOULD ASK YOU WOULD BE THAT, WOULD YOU BE COMFORTABLE

WITH EACH INDIVIDUAL HEALTH COMMISSIONER IN ALL OF OUR COUNTIES OR

SOMEBODY ELSE MAKING THAT DECISION AND HAVING, YOU KNOW, A WIDE

VARIETY BASED UPON, YOU KNOW, ARTIFICIAL GEOGRAPHICAL BOUNDARIES THAT

COUNTIES ARE? YOU KNOW, THAT'S A DISCUSSION THAT WE PROBABLY WOULD

NEED TO HAVE.

MR. MANKTELOW: YEAH, I -- I AGREE AND I WOULD

LOVE TO WORK WITH YOU ON THAT AND I THINK WE CAN MAKE THAT HAPPEN

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AND I THINK WE CAN DO IT IN THE RIGHT WAY FOR NEW YORKERS.

MR. ZEBROWSKI: THANK YOU.

MR. MANKTELOW: THANK YOU ON THAT.

JUST ANOTHER QUICK QUESTION. AS CHANGES ARE MADE,

AND I'M IN THE MINORITY, OF COURSE, HOW WILL I BE NOTIFIED OF THE

CHANGES?

MR. ZEBROWSKI: WELL, THERE'S A PUBLIC POSTING

REQUIREMENT THAT'S IN THIS BILL, BUT I WOULD HOPE THAT IT WOULDN'T BE ONLY

THROUGH THE PUBLIC POSTING REQUIREMENT. I WOULD HOPE THAT WITHIN OUR

COMMITTEE STRUCTURE AS NOTICE IS GIVEN FROM THE GOVERNOR IF THERE'S AN

EXTENSION, THAT THAT WOULD BE DISSEMINATED TO ALL THE MEMBERS.

MR. MANKTELOW: OKAY. I APPRECIATE THAT AND I

THANK YOU, AND I HOPE THAT'S THE WAY IT DOES HAPPEN. I THINK THAT ALL THE

COMMITTEES NEED TO BE PART OF THIS ON BOTH SIDES OF THE AISLE, MAJORITY

AND MINORITY.

MR. ZEBROWSKI: RIGHT AND, OF COURSE, THERE'S THE

PUBLIC POSTING WHICH WE WOULD HOPE WOULD BE IN A FAR MORE ORGANIZED

MANNER.

MR. MANKTELOW: YEAH, I AGREE. AND AS YOU

TALKED ABOUT THE PUBLIC POSTING, WHETHER IT'S ON THE WEBSITE AND ALSO

YOU TALKED ABOUT IT BEING IN A SEARCHABLE MANNER. HOW ARE OUR

RESIDENTS THAT DON'T HAVE INTERNET ACCESS OR OUR SENIORS WHO ARE NOT

ALLOWED -- OR ABLE TO DO THIS, HOW DO WE GET THAT INFORMATION TO THEM?

MR. ZEBROWSKI: WELL, BROADBAND ACCESS ACROSS

THE STATE IS -- IS AN IMPORTANT ISSUE --

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MR. MANKTELOW: ABSOLUTELY.

MR. ZEBROWSKI: -- AND I THINK ONE THAT THE

LEGISLATURE IS TALKING ABOUT NOW, HAS TALKED ABOUT AND WILL CONTINUE TO

TALK ABOUT. SO, THAT'S KIND OF A SIDE ISSUE. BUT I WOULD SUGGEST THAT WE

WOULD WORK TOGETHER, YOU WOULD WORK WITHIN YOUR DISTRICTS AND YOU

WOULD WORK WITH YOUR COUNTY OFFICIALS AND YOUR LOCAL OFFICIALS TO GET

OUT WHATEVER INFORMATION IS NEEDED TO GET OUT AS IT'S -- AS IT'S CURRENTLY

SORT OF DISSEMINATED. IF YOU HAVE ANY OTHER IDEAS, I'M NOT SURE THAT WE

COULD, YOU KNOW, MAIL A COPY TO EVERY NEW YORKER OR SOMETHING LIKE

THAT, BUT I'D BE HAPPY TO WORK WITH YOU.

MR. MANKTELOW: WELL, I'M HOPING THAT THE

PANDEMIC WILL BE FAR OVER BEFORE WE GET BROADBAND TO EVERYBODY IN

NEW YORK STATE, NOT THAT I'M NOT HOPING WE DO. SO, THOSE ARE JUST A

FEW OF THE QUESTIONS I HAD, MR. ZEBROWSKI. I APPRECIATE YOUR ANSWERS

AND YOUR TIME. AND, MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: I WANT TO SHARE AN E-MAIL THAT I

RECEIVED THIS MORNING. I COULD READ THE WHOLE THING, IT'S ABOUT A

PAGE-AND-A-QUARTER, BUT I WON'T. IT'S JUST ONE OF THE HIGHLIGHTS. AND IT'S

FROM AN INDIVIDUAL, AND IT SAYS, GOOD MORNING TO NEW YORK STATE

ASSEMBLYMEMBERS. I AM WRITING THIS E-MAIL TO ALL OF YOU BECAUSE I, AS

WELL AS ALL OR MANY NEW YORKERS, ARE DOWNRIGHT FURIOUS AT THE ACTION

OR INACTION. THERE ARE MANY REASONS FOR THIS, BUT I'M GOING TO PICK OUT

JUST A FEW. SO, I JUST WANT TO SHARE THIS ONE WITH YOU: YOU RECENTLY

PASSED A BILL TO RESTRICT THE GOVERNOR'S EXECUTIVE POWERS. WE RECENTLY

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PASSED A BILL TO RESTRICT THE GOVERNOR'S POWERS. THIS IS THE PROBLEM

THAT WE'RE DEALING WITH IN NEW YORK STATE. RIGHT NOW, PEOPLE SEE

THINGS IN THE NEWS, THIS DEAL HAS BEEN DONE, THE GOVERNOR SAYS IT'S BEEN

DONE, AND THESE PEOPLE BACK HOME THINK THAT THIS DEAL IS DONE AND

THOSE POWERS ARE GOING TO GO AWAY. BUT I'LL FINISH IT: BUT WHEN YOU

ACTUALLY LOOK AT THE BILL, IT'S NOTHING MORE THAN, OKAY, JUST TELL US WHEN

YOU ARE DOING -- JUST TELL US WHAT YOU ARE DOING BEFORE YOU DO IT, AND IF

YOU DEEM IT AN EMERGENCY, YOU CAN DO IT ANYWAY. THIS IS WHAT OUR

PEOPLE SEE BACK HOME. THIS IS WHAT OUR CONSTITUENTS SEE, THIS IS HOW

THEY FEEL. THIS IS HOW NEW YORKERS FEEL.

AND IT REALLY, REALLY MADE ME THINK ABOUT SOMETHING

THAT COLONEL SMULLEN SAID A LITTLE WHILE AGO, AND I'M SORRY I USED HIS

NAME, BUT I'M SURE HE'S FINE WITH IT, AND I JUST WANT TO SAY THIS ON THE

FLOOR. WHEN PEOPLE FEAR GOVERNMENT, THAT'S CONSIDERED TYRANNY. LET

ME SAY THAT ONE MORE TIME: WHEN THE PEOPLE FEAR GOVERNMENT, THAT'S

TYRANNY, AND THAT'S WHAT WE HAVE GOING ON IN NEW YORK STATE RIGHT

NOW. PEOPLE FEAR GOVERNMENT. THEY FEEL THAT WE'RE NOT GIVING THEM

THE TRUTH, THEY FEEL LIKE WE'RE NOT DOING WHAT WE CAN TO HELP THEM OUT.

BUT AT THE SAME TIME, WHEN THE GOVERNMENT FEARS THE PEOPLE, THAT'S

LIBERTY. WHEN THE GOVERNMENT FEARS THE PEOPLE, THAT'S LIBERTY.

SO WHAT I'M ASKING FROM THE COLLEAGUES OF THE

ASSEMBLY, REMEMBER THOSE WORDS AND REMEMBER WHO WE SERVE AND

WHAT WE SERVE FOR, BECAUSE THESE WORDS ARE ACTUALLY TRUE ON WHAT'S

GOING ON TODAY. SMALL BUSINESS, FARMERS, HOMEOWNERS, SMALL MOM

AND POP STORES, THAT'S HOW THEY FEEL. SO LET'S WORK TOGETHER AND MAKE

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CHANGES, AND I APPRECIATE THE TIME, MR. SPEAKER. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GANDOLFO.

MR. GANDOLFO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GANDOLFO: THANK YOU, MR. ZEBROWSKI. I

JUST HAVE A FEW QUESTIONS TO TRY TO CLARIFY WHERE WE ARE TODAY BEFORE

THE PASSAGE OF THIS BILL AND WHERE WE'LL BE AFTER IT'S PASSED AND IT'S

SIGNED INTO LAW. SO TODAY THERE ARE EXISTING DIRECTIVES FOR RESTAURANT

CURFEWS, CAPACITY, WHETHER OR NOT YOU HAVE TO HAVE FOOD WITH YOUR --

WITH YOUR DRINKS, AND THOSE WERE ALL ISSUED BY THE GOVERNOR WITHOUT

LEGISLATIVE APPROVAL, IS THAT CORRECT?

MR. ZEBROWSKI: THOSE THAT YOU MENTIONED THAT

ARE EXECUTIVE ORDERS, RIGHT, THEY ARE NOT LEGISLATIVE APPROVAL TO

EXECUTIVE ORDER.

MR. GANDOLFO: OKAY. AND THOSE ARE NOW

EXISTING DIRECTIVES, SO AFTER WE PASS THIS BILL, THE GOVERNOR CAN GO BACK

AND IMPOSE FURTHER RESTRICTIONS OR LOOSEN RESTRICTIONS, BUT LET'S SAY HE

COMES BACK AND SAYS ON LONG ISLAND OR ON STATEN ISLAND, THERE'S NOW A

9:00 P.M. RESTAURANT CURFEW. NOW THIS IS AFTER THIS BILL IS PASSED, NOW

HE WOULD BE ABLE TO DO THAT AND HE'D HAVE TO NOTIFY US, BUT WE STILL

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WOULD NOT GIVE APPROVAL, IS THAT CORRECT?

MR. ZEBROWSKI: YOU HAVE A NEGATIVE ABILITY, YOU

KNOW, INSTEAD OF A POSITIVE ABILITY, IF YOU KNOW WHAT I MEAN. YOU

WOULD BE ABLE TO CANCEL THAT OUT. SO THERE'S -- WE TALKED A LOT ABOUT

THE LEGISLATIVE NOTIFICATION PROCESS. THE HYPOTHETICAL YOU'RE GIVING ME

IS ON LONG ISLAND, SO THAT WOULD, THERE'S A WHOLE SECTION OF THE BILL ON

THE MUNICIPALITY NOTIFICATION PROCESS --

MR. GANDOLFO: RIGHT.

MR. ZEBROWSKI: -- THE SAME TYPE OF THING,

MUNICIPAL OFFICIALS HAVE AN ABILITY TO COMMENT AND THEN, THEORETICALLY,

THEY WOULD BE ABLE TO WORK WITH YOU OR ME OR ANY OTHER MEMBER TO

CANCEL THAT DIRECTIVE --

MR. GANDOLFO: OKAY. YEAH, NO, I UNDERSTAND

WHAT YOU'RE SAYING.

MR. ZEBROWSKI: OF COURSE, NOT A NEW DIRECTIVE, I

JUST WANT TO BE CLEAR.

MR. GANDOLFO: YES, YES. SO -- BUT THAT AUTHORITY

BY CONCURRENT RESOLUTION, THAT EXISTED PRIOR TO THE PASSAGE OF THIS BILL

AT HAND HERE, CORRECT?

MR. ZEBROWSKI: YES, WE RETAIN THAT AUTHORITY.

MR. GANDOLFO: OKAY, SO WE'RE RETAINING THAT. SO

FUNCTIONALLY, THE ONLY REAL DIFFERENCE THAT WE'RE GOING TO SEE BACK

HOME FOR OUR BUSINESSES, OUR RESTAURANTS, IS THAT WE'LL KNOW

BEFOREHAND THAT HE'S ISSUING THESE RESTRICTIONS. WE STILL CAN'T APPROVE

THEM OR (INAUDIBLE) THEM, THEY WOULD STILL GO INTO EFFECT AND THEN WE

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WOULD HAVE TO COME BACK AND REPEAL THEM OR TERMINATE THEM BY

CONCURRENT RESOLUTION.

MR. ZEBROWSKI: I WOULD DISAGREE, AND THAT'S NOT

MY INTENTION OR OUR INTENTION. I BELIEVE THAT -- AND THROUGHOUT THIS

PROCESS, SO HAVE YOU BEEN ON CONFERENCE CALLS WITH THE STATE

DEPARTMENT OF HEALTH, WITH THE GOVERNOR'S OFFICE AND SUCH --

MR. GANDOLFO: YES.

MR. ZEBROWSKI: -- SO I'M SURE YOU'RE HEARING

FROM YOUR CONSTITUENTS, YOU GET ON, PERHAPS THERE'S FOLKS ON MY SIDE OF

THE AISLE, YOUR SIDE OF THE AISLE, YOU'RE GIVEN INFORMATION BACK, YOU'RE

ASKING QUESTIONS IN THOSE THINGS. WHAT I WOULD ENVISION BY THIS

PROCESS WITH ALL OF THESE DIRECTIVES IS THAT WE GIVE THAT 30-DAY

EXPIRATION DATE, WE REALLY ATTEMPT TO DRIVE -- TO NARROW THE ISSUES THAT

WE'RE NOT GETTING ANSWERS ABOUT, THAT WE'RE TRYING TO IDENTIFY THE PUBLIC

HEALTH SCIENCE BEHIND. SEE, ONE OF THE THINGS THAT MAY BE A

MISUNDERSTANDING BETWEEN OUR SIDES OF THE AISLE RIGHT NOW IS THAT I

BELIEVE BY NARROWING THESE ISSUES, WE WILL SET UP A PROCESS BY WHICH IT

IS FAR MORE LIKELY FOR US TO CANCEL SOME OF THESE DIRECTIVES, BECAUSE I

THINK IT WILL BECOME CLEAR THAT SOME OF THESE ARE NOT BACKED UP BY DATA

GATHERED FROM CONTACT TRACERS OR FROM OTHER STATES, OR FROM THOSE TYPE

OF THINGS.

AND I THINK TWO THINGS WILL HAPPEN: ONE, WE WILL

COME TO AN AGREEMENT ON A JOINT RESOLUTION THAT CANCELS SOME OF THESE

THINGS, OR PERHAPS WE WILL COME TO AN AGREEMENT ON SOMETHING THAT

WILL CANCEL ONE OF THESE THINGS, PUT IT FORWARD AND THE EXECUTIVE WILL

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AMEND OR WILL CANCEL IT THEMSELVES BECAUSE IT'S CLEAR -- YOU KNOW, A LOT

OF TIMES, RIGHT, WHEN WE'RE READY TO ACT, THEY ACT, RIGHT. OR I THINK THE

THIRD OPTION IS IT'LL BECOME QUITE CLEAR AS WE ASK THESE QUESTIONS AND

DRIVE TOWARDS THIS DATA THAT IT'S NO LONGER APPLICABLE AND WITHIN 30

DAYS OR MAYBE LONGER, YOU'LL SEE THESE THINGS START TO DROP OFF. I MEAN,

WE STARTED THIS DISCUSSION AND CAME TO AN AGREEMENT AND IN THAT PRESS

CONFERENCE, THERE WAS ALREADY CHANGES, RIGHT. LONG SOUGHT AFTER

CHANGES THAT I THINK MANY OF US ARGUED FOR WERE ALREADY ANNOUNCED BY

THE GOVERNOR IN THAT PRESS CONFERENCE DEALING WITH CAPACITY LIMITS. I

DON'T THINK THAT THAT IS A COINCIDENCE. I THINK THAT WHEN, AS THE

LEGISLATURE ACTS ON THESE THINGS, WE ARE PUSHING AND WE MAY ACT

OURSELVES, BUT A LOT OF WAYS WE PUSH FAR ENOUGH THAT THEY START TO GET

CHANGED ON THEIR OWN BECAUSE OF OUR INPUT.

MR. GANDOLFO: I APPRECIATE THE ANSWER AND I

UNDERSTAND THE INTENTION, AND I THINK IT'S A GOOD INTENTION, BUT JUST

FUNCTIONALLY I THINK WHAT WE HAVE HERE IS THERE'S STILL NONE OF THAT

POSITIVE AFFIRMATION OF THESE ACTIONS, AND I PERSONALLY BELIEVE THAT PAST

ACTION IS A GOOD INDICATOR OF FUTURE BEHAVIOR, AND WE NEVER DID

CONVENE TO TERMINATE ANY OF THE EXECUTIVE ORDERS. I KNOW ONE OF MY

COLLEAGUES DID BRING UP THE ISSUE THAT WE CAN ONLY TERMINATE THE ENTIRE

ORDER AND NOT THE INDIVIDUAL DIRECTIVES, BUT PERSONALLY, I NEVER HEARD OF

THIS BODY EVEN CONSIDERING TO INTRODUCE A CONCURRENT RESOLUTION.

SO I FEEL THAT, YOU KNOW, WHAT -- VIRTUALLY, WE'RE IN

THE SAME EXACT PLACE. WE MIGHT HAVE MORE NOTICE, BUT THERE'S STILL

NOTHING WE CAN DO TO STOP IT AND WE STILL HAVE TO TAKE THAT POSITIVE STEP

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TO SCALE IT BACK, WHICH THE GOVERNOR DID SAY AT ONE OF HIS PRESS

CONFERENCES, HE POINTED THAT WE MUST AGREE WITH EVERYTHING BECAUSE

WE HAVEN'T TERMINATED ANYTHING. SO I REALLY JUST WANT TO AVOID THAT

KIND OF SITUATION, AND I JUST DON'T THINK THIS BILL DOES IT. BUT THANK YOU

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

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GANDOLFO: I THINK WHAT WE JUST -- OUR BACK

AND FORTH THERE WAS PRODUCTIVE AND I THINK IT REALLY DOES OUTLINE WHY SO

MANY OF MY COLLEAGUES ON THIS SIDE OF THE AISLE DO HAVE A PROBLEM

WITH THE BILL AT HAND HERE. THERE ARE SO MANY EXISTING DIRECTIVES THAT

THE GOVERNOR IS ABLE TO MODIFY CURRENTLY, AND ALTHOUGH HE CAN'T ISSUE

NEW DIRECTIVES, HE CAN STILL IMPLEMENT PRETTY RESTRICTIVE THINGS BASED

ON WHAT'S ALREADY ON THE BOOKS. HE CAN COME BACK AND CUT CAPACITY TO

TEN PERCENT, 20 PERCENT AND WE CAN'T STOP IT. HE CAN, YOU KNOW, BRING

THE CURFEW BACK TO 9:00 P.M. OR 8:00 P.M. IF HE WANTED TO AND WE STILL

COULDN'T STOP IT.

SO, I JUST DON'T SEE HOW WHAT WE'RE DOING HERE IS ANY

REAL REVOCATION OF HIS EXPANDED EMERGENCY POWERS. IT SEEMS LIKE, TO

ME, THE SAME THING, BOTH A FEW EXTRA MINOR STEPS. AND AT THE END OF

THE DAY, THERE'S A REASON WHY THE GOVERNOR WENT ON LIVE TV AND

ENDORSED THE PLAN THAT WE'RE ABOUT TO VOTE ON; IT'S RELATIVELY TOOTHLESS.

AND I DON'T THINK THE PUBLIC HAS CONFIDENCE IN THIS BODY TO CONVENE

AND INTRODUCE A CONCURRENT RESOLUTION TO TERMINATE ANYTHING, BECAUSE

WE HAVEN'T DONE IT YET. WE DIDN'T DO IT WHEN HIS ORDERS WERE REALLY NOT

BASED ON LOGIC OR DATA OR SCIENCE. WE DIDN'T DO IT WHEN WE GOT --

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WHEN WE LEARNED OF A POSSIBLY CRIMINAL COVERUP BY HIS ADMINISTRATION

OF THE TRUE NURSING HOME DATA. AND EVEN NOW, AMONG THE SCANDALS

CLOUDING THE EXECUTIVE CHAMBER WITH CREDIBLE SEXUAL HARASSMENT

ALLEGATIONS, WE'VE STILL TAKEN NO ACTION.

SO FORGIVE MY PESSIMISM, BUT I THINK THIS IS JUST MORE

OF THE SAME AND I CAN'T GO HOME TO MY CONSTITUENTS AND SAY WE DID

ANYTHING REALLY PRODUCTIVE HERE. SO THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BURKE.

MR. BURKE: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, MR. SPEAKER, I'LL YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. BURKE: OKAY. THANK YOU. DO YOU KNOW HOW

MANY NEW YORKERS DIED FROM COVID YESTERDAY?

MR. ZEBROWSKI: I COULD LOOK IT UP BECAUSE I HAVE

IT, BUT IF YOU KNOW --

MR. BURKE: YEAH.

MR. ZEBROWSKI: OKAY.

MR. BURKE: IT'S A LITTLE OVER 100. AND SO, I'M

PRESUMING YOU DON'T KNOW, YOU KNOW, THE -- SEVEN -- SEVEN-DAY

AVERAGE EITHER?

MR. ZEBROWSKI: I DON'T HAVE MY STATISTIC

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NOTEBOOK IN FRONT OF ME, BUT I DO KEEP ONE AT HOME.

MR. BURKE: AGAIN, A LITTLE OVER 100, SO IT'S 111.

SO, WHILE WE'VE BEEN DEBATING THIS BILL, ROUGHLY 12 NEW YORKERS HAVE

DIED FROM COVID. SO, YOU KNOW, IF WE PASS, YOU KNOW, THE HOSTILE

AMENDMENT THAT WAS PRESENTED BEFORE, WOULD THAT HAVE CANCELED ALL OF

THE GOVERNOR'S DIRECTIVES IMMEDIATELY?

MR. ZEBROWSKI: YES, UPON EFFECTIVE DATE OF THE

BILL.

MR. BURKE: OKAY. SO SEVERAL OF OUR COLLEAGUES

SORT OF HAD PRESENTED THAT ZEROING OUT ALL OF THESE DIRECTIVES WOULD

REALLY OFFER CLARITY AND, YOU KNOW, BE HELPFUL. BUT, YOU KNOW, I DON'T

REALLY SEE IT THAT WAY. I THINK IT WOULD CAUSE A LOT OF CHAOS BECAUSE I

WOULD PRESUME THAT THE GOVERNOR WOULD STILL SAY THAT AT LEAST SOME OF

THAT POWER THAT HE'S UTILIZED WITH THESE DIRECTIVES WOULD STILL BE

EXERCISED; WOULD YOU AGREE WITH THAT?

MR. ZEBROWSKI: COULD YOU -- COULD YOU REPEAT

THE QUESTION? IF THEY -- YOU'RE SAYING IF THE AMENDMENT PASSED, WOULD

HE STILL HAVE EXECUTIVE AUTHORITY?

MR. BURKE: YEAH, IF THE AMENDMENT PASSED --

ZEROED OUT. I THINK THE ARGUMENT THAT'S BEEN MADE IS THAT IT WOULD

OFFER A BUNCH OF CLARIFICATION AND EVERYONE COULD GET BACK TO NORMAL,

BUT I DON'T THINK -- I DON'T THINK THAT'S WHAT WOULD HAPPEN. I THINK IT

WOULD BE THE OPPOSITE OF THAT. I THINK YOU'D CAUSE CHAOS.

ACTING SPEAKER AUBRY: MR. BURKE, AS I

REMINDED OTHERS MEMBER, THE FORMER AMENDMENT HAS BEEN DISPOSED

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OF. SO WE WOULD LIKE TO KEEP THE BILL THAT'S ON THE BOARD IN FRONT OF THE

HOUSE, PLEASE.

MR. BURKE: I KNOW, I'M -- I'M LEADING TO THAT.

ACTING SPEAKER AUBRY: OH, WELL. LEAD A

LITTLE FASTER. THANK YOU.

(LAUGHTER)

MR. BURKE: OKAY.

MR. ZEBROWSKI: LET ME SAY -- LET ME SAY THIS:

THERE ARE MANY DIRECTIVES -- I MEAN, THERE ARE MANY EXECUTIVE ORDERS,

NOT ALL OF THEM ARE DIRECTIVES, MANY OF THEM ARE SUSPENSIONS, MANY OF

THEM WOULD'VE BEEN ISSUED INDEPENDENT OF THE MARCH 2ND, 2020

CHAPTER. AND IF THE AMEND -- IF THE AMENDMENT -- WELL, I'LL LEAVE IT AT

THAT, MR. SPEAKER.

MR. BURKE: THAT'S FINE, THAT'S FINE. SO I JUST WANT

TO GET TO -- SO, YOU KNOW, THE TIMELINESS, YOU SAID THAT THERE WERE

SEVERAL, YOU KNOW, HUNDRED DIRECTIVES. IF YOU PRESUMED EVEN HALF OF

THEM WERE VITAL AND HALF WEREN'T, YOU KNOW, I HAVEN'T BEEN AROUND AS

LONG AS YOU, BUT IT'S BEEN IN MY EXPERIENCE, IT TAKES A WHILE TO GET

ANYTHING DONE IN STATE GOVERNMENT BETWEEN, YOU KNOW, DOING YOUR

RESEARCH, NEGOTIATING IT BETWEEN THE TWO BRANCHES OF THE LEGISLATURE

AND THE GOVERNOR'S OFFICE, YOU KNOW, THE DEBATE. SAY ROUGHLY 100

DIRECTIVES NEED TO BE CODIFIED. JUST IN YOUR OPINION, HOW LONG DO YOU

THINK THAT WOULD TAKE?

MR. ZEBROWSKI: THAT IS A -- THAT IS A GOOD

QUESTION. JUST TO EXPAND ON IT, YOU KNOW, THERE ARE DIRECTIVES DEALING

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WITH VERIFICATION OF BANKING DOCUMENTS, LATE FEES, ELECTRONIC SIGNING OF

DOCUMENTS, DIGITAL SIGNATURES, FACE COVERINGS, ANOTHER FACE COVERING,

COVID TESTING, PROFESSIONAL LICENSING, OTHER DIGITAL SIGNATURES, MASKS,

SERVICE OF ALCOHOL, SCOPE OF PRACTICE, TESTING AND REPORTING

REQUIREMENTS, RESULTS OF TESTING TIME REQUIREMENTS, PATIENT DISCHARGE, A

WHOLE BUNCH OF VACCINE DIRECTIVES, PHARMACY LICENSES AND WHO CAN

DISTRIBUTE VACCINES, JUST TO NAME A FEW. SO, ALL THOSE THINGS WOULD

EXPIRE IMMEDIATELY IN ADDITION TO A WHOLE BUNCH OF, YOU KNOW, OTHER

PUBLIC HEALTH DIRECTIVES AND THOSE, THEORETICALLY, WOULD ALL NEED TO BE

TURNED INTO LEGISLATION, FOUND A CONSENSUS, DEBATED, PASSED, SIGNED.

MR. BURKE: SO -- SO IN SHORT, A WHILE.

MR. ZEBROWSKI: A LOT IS -- IS FAIR TO SAY.

MR. BURKE: OKAY. SO AGAIN, I THINK -- I THINK IT

CAUSES CHAOS TO NOT DO IT THIS WAY. THANK YOU FOR ANSWERING MY

QUESTIONS.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

BURKE.

MR. BURKE: SO I WOULD AGREE WITH, YOU KNOW,

MANY OF MY COLLEAGUES ON THE OPPOSITE SIDE OF THE AISLE THAT WE HAVE

TO DO MORE TO HOLD THIS GOVERNOR ACCOUNTABLE. I WOULD AGREE THAT WE

HAVE TO BE PROACTIVE IN GOING THROUGH THESE DIRECTIVES, BUT I WOULD

STRONGLY DISAGREE THAT WE SHOULD REPEAL THIS AND THEN JUST FACE THE

CONSEQUENCES OF WHATEVER DIRECTIVES WE JUST REPEALED BECAUSE IT'S THE

THING TO DO RIGHT NOW BECAUSE IT'S EASY TO GO AFTER THE GOVERNOR RIGHT

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NYS ASSEMBLY MARCH 5, 2021

NOW.

YOU KNOW, JUST LISTENING TO THE DEBATE, YOU KNOW, I'M

HEARING THINGS THAT WE HAVE TO FIGHT FOR, YOU KNOW, WE HAVE TO

PRESERVE REPRESENTATIVE DEMOCRACY, YOU KNOW, WE'RE HEARING, YOU

KNOW, CITING, YOU KNOW, IGNORING SCIENCE AND PANDEMIC GUIDELINES.

WE'RE HEARING OBSTRUCTION OF JUSTICE. YOU KNOW, WE'RE HEARING IT NOW

FROM OUR FRIENDS ON THE OPPOSITE SIDE OF THE AISLE BECAUSE THEY CAN

ATTACK A DEMOCRATIC GOVERNOR. FOR FOUR YEARS THEY'VE SAT QUIET WHILE

THE MOST CORRUPT FEDERAL ADMINISTRATION IN HISTORY OVERTLY COMMITTED

CRIMES, OBSTRUCTED JUSTICE, HID COVID DATA, BOASTED ABOUT HIDING

COVID-RELATED INFORMATION. YOU KNOW, THEY'RE JUST UPFRONT WITH THEIR

CRIMES. SO THIS SORT OF SANCTIMONY THAT WE'RE SEEING, YOU KNOW, FROM

OUR FRIENDS ON THE OTHER SIDE OF THE AISLE IS JUST TOO MUCH TO -- TO I

THINK STAY SILENT ON, BECAUSE IT'S -- IT'S OVERWHELMING THE LEVEL OF

HYPOCRISY WE'RE SEEING.

SO YES WE NEED TO HOLD THE GOVERNOR ACCOUNTABLE.

YES WE'RE DOING THAT, AND WE HAVE TO DO -- BUT WE HAVE TO DO SO SAFELY.

SO I WILL BE SUPPORTING THIS BILL. I THANK THE SPONSOR, I THANK MR.

ZEBROWSKI FOR MAKING THESE REASONABLE ARGUMENTS. AND, AGAIN, WHILE

WE'RE DEBATING, PEOPLE ARE DYING. YOU KNOW, WE TALKED ABOUT -- THERE

WAS A PREVIOUS DEBATE ABOUT NURSING HOME DEATHS AND THE TRAGEDY OF

FAMILIES HAVING TO SUFFER, YOU KNOW, THROUGH LOSING THEIR LOVED ONES IN

SUCH A TERRIBLE WAY. THAT'S HAPPENING RIGHT NOW, LITERALLY WHILE I'M

TALKING, SOMEONE IS GASPING THEIR LAST BREATHS OF LIFE. WE HAVE TO

REMIND OURSELVES OF THAT ALL THE TIME. WE ARE NOT OUT OF THIS THING. WE

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CAN HOLD THE GOVERNOR ACCOUNTABLE, WE CAN DO OUR JOBS, WE HAVE TO

LEAVE THE POLITICS OUT OF THIS BECAUSE TOO MANY PEOPLE ARE SUFFERING

RIGHT NOW. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. TAGUE.

MR. TAGUE: YES, MR. SPEAKER. WOULD THE SPONSOR

YIELD FOR A COUPLE QUESTIONS?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI FOR A

COUPLE OF QUESTIONS.

MR. ZEBROWSKI: I'LL YIELD FOR A COUPLE QUESTIONS.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI

YIELDS.

MR. TAGUE: I'M SORRY, MR. ZEBROWSKI. I SHOULDN'T

HAVE SAID "A COUPLE," BUT...

(LAUGHTER)

MR. ZEBROWSKI: THAT'S OKAY.

ACTING SPEAKER AUBRY: IT'S ON THE RECORD, MR.

TAGUE; SORRY.

(LAUGHTER)

MR. TAGUE: I KNOW, LESS THAN A FEW, LESS THAN A

FEW. AND I'M GOING TO -- MY QUESTIONS ARE VERY SIMPLE AND YOU MAY

HAVE ANSWERED SOME OF THEM ALREADY IN ONE WAY, SHAPE OR FORM, BUT

I'M GOING TO MAKE THEM A LITTLE BIT SIMPLER.

SO DOES THE GOVERNOR HAVE THE POWER TO CONTINUE TO

EXTEND OR MODIFY DIRECTIVES THAT AFFECT OUR DAILY LIVES, SUCH AS LIMITS

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ON RESTAURANTS, SCHOOLS, CHURCHES, BOWLING ALLEYS, AND MOVIE THEATERS,

FOR EXAMPLE?

MR. ZEBROWSKI: THE BILL SETS UP A REVIEW

PROCESS FOR THOSE EXECUTIVE ORDERS THAT ARE IN EXISTENCE. NOT ANY NEW

EXECUTIVE ORDERS CAN BE PRESENTED TO THE LEGISLATURE AS BEING

EXTENDED WITH A PROCESS BY WHICH THE LEGISLATURE CAN COMMENT, SOLICIT

INFORMATION, DATA, SCIENCE AND CAN ACT TO REVOKE ANY EXECUTIVE ORDER.

MR. TAGUE: SO AFTER THE PASSING OF THIS BILL, WITH

THE SAME RESTRICTIONS CURRENTLY THAT ARE ON OUR RESTAURANTS, SMALL

BUSINESSES AND EVERY DAY ROUTINES, THEY WILL STILL BE IN PLACE TOMORROW,

CORRECT?

MR. ZEBROWSKI: WITH THE PASSAGE OF THIS BILL, I

BELIEVE THAT THE MAJORITY INTENDS FOR ALL THOSE THINGS TO BE UNDER

REVIEW AND TO BE ACTED UPON TO CANCELED OUT WHERE APPROPRIATE.

MR. TAGUE: ALL RIGHT. SO LET ME JUST SWITCH TO

ANOTHER THING, MOVING ON FROM THAT, BUT I THINK IT CORRELATES WITH THIS.

I'M JUST WONDERING WHY THE SPONSOR FELT THAT THE LEADERS OF THE

MINORITY CONFERENCE SHOULD BE EXCLUDED FROM THE PROVISIONS OF THE

BILL THAT WOULD GIVE LEGISLATIVE LEADERS THE FIVE-DAY NOTICE OF THE

GOVERNOR'S INTENT TO MODIFY OR EXTEND ONE OF HIS DIRECTIVES.

MR. ZEBROWSKI: I THINK THE BILL ATTEMPTS TO SET UP

AN ORDERLY PROCESS SO IT UTILIZES THE COMMITTEE PROCESS THROUGH THE

COMMITTEE CHAIRS AND THE TWO LEADERS OF -- OF THE TWO HOUSES. BUT

AS I STATED EARLIER, THERE'S ALSO A PUBLIC REPORTING REQUIREMENT, AND ALSO

I THINK IT'S -- IT'S SAFE TO SAY THAT IT WOULD BE ENVISIONED THAT THE

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MINORITY WOULD ALSO BE NOTIFIED AND HAVE AN OPPORTUNITY TO WORK WITH

THE MAJORITY ON QUESTIONS AND COMMENTS.

MR. TAGUE: AND I APPRECIATE THAT ANSWER, AND I

HOPE THAT THAT IS THE CASE, AND THAT KIND OF BRINGS ME TO MY NEXT

QUESTION. YOU KNOW, AS WAS STATED EARLIER, EACH ONE OF US REPRESENT

AROUND 130-PLUS OR -MINUS THOUSAND INDIVIDUALS. NONE OF US KNOW

WHETHER THEY HAVE AN R OR A D IN FRONT OF THEIR NAME, WE'RE EXPECTED

TO REPRESENT THEM IN THE BEST INTEREST POSSIBLE WITHIN THE LAW. SO IF A

DIRECTIVE IS DETERMINED TO ONLY AFFECT A SPECIFIC MUNICIPALITY OR GROUP

OF SEVERAL SPECIFIC MUNICIPALITIES, WOULD THE ASSEMBLY REPRESENTATIVES

THAT REPRESENT THOSE AREAS, WILL THEY ALSO BE PROVIDED WITH THE SAME

NOTICE AS OUR MUNICIPAL LEADERS AND LOCAL LEGISLATORS?

MR. ZEBROWSKI: SO THE MUNICIPALITY ONES I

BELIEVE GO TO THE LEGISLATURE, BUT ALSO GO DIRECTLY TO THE MUNICIPALITY

AND ARE PUBLICLY POSTED.

MR. TAGUE: OKAY. I JUST -- I HAVE A LITTLE BIT OF

ISSUE WITH THE PUBLIC POSTING AND, YOU KNOW, AN ISSUE WITH THE FACT THAT

MINORITY LEADERSHIP IS NOT INVOLVED. I DON'T SEE WHY WE DON'T SEEM TO

BE IMPORTANT ENOUGH WHEN WE REPRESENT 133,000 PEOPLE IN EACH ONE

OF OUR DISTRICTS, AS WELL, BUT YOU AND I GUESS WILL -- WILL AGREE TO

DISAGREE ON THAT -- THAT PART OF THE BILL.

MY LAST QUESTION IS ONE THAT'S BEEN ASKED SEVERAL

TIMES TODAY, YOU KNOW, BUT I DO WANT TO GO OVER IT AGAIN BECAUSE I

THINK IT'S VERY IMPORTANT. I THINK IT GOES TO THE WHOLE REASON WHY SOME

OF US ARE AGAINST THIS BILL AND WHY WE SUPPORTED THE AMENDMENT.

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GOVERNOR CUOMO STATED IN HIS MARCH 3RD BRIEFING WHICH, BY THE WAY, I

WATCHED: "ON THE COVID EMERGENCY POWERS, WE'VE WORKED WITH THE

LEGISLATURE," AND AS HE ANSWERED THE REPORTER, HE SAID, WE HAVE AN

AGREEMENT ON THE BILL, AND HE LOOKED TO HIS AIDES THAT WERE IN THE PRESS

BRIEFING WITH HIM AND THEY ALL SHOOK THEIR HEAD YES. THEN THE

RESPONSE FROM THE SPEAKER WAS, WE DID NOT NEGOTIATE THE BILL WITH THIS

GOVERNOR. ALSO, THERE HAS BEEN AND I DON'T -- I CAN'T QUOTE IT BECAUSE I

DON'T HAVE IT IN FRONT OF ME, BUT THE SENATE MAJORITY LEADER ALSO MADE

A STATEMENT. HER STATEMENT WAS ACTUALLY A LITTLE BIT MORE TO THE POINT.

SHE SAID, THE GOVERNOR'S LYING. SO, SOMEONE IS LYING AND I'M JUST

WONDERING, DID THE GOVERNOR LIE IN THAT PRESS BRIEFING ABOUT THE

EMERGENCY -- THIS BILL, THIS EMERGENCY POWERS BILLS, DID HE LIE OR HIS

AIDES LIE TO NEW YORK STATE, THE PEOPLE OF NEW YORK STATE?

MR. ZEBROWSKI: MR. TAGUE, I STAND BEHIND THE

SPEAKER'S COMMENT. I WOULD DISAGREE WITH YOU. I THINK THE SPEAKER'S

COMMENT WAS PRETTY DIRECT. IT WAS FIVE VERY SIMPLE STATEMENTS THAT I

THINK ARE THE TRUTH. I JUST, YOU KNOW, I FIND IT CURIOUS BECAUSE WE SPENT

A LOT OF TIME OVER THE PAST SEVERAL HOURS, AND I'VE LISTENED TO A LOT OF

MY COLLEAGUES ON THE OTHER AISLE BASICALLY SAY THAT THEY DON'T BELIEVE

ANYTHING FROM THE GOVERNOR OR HIS ADMINISTRATION, BUT YOU BELIEVE

THIS 100 PERCENT.

MR. TAGUE: I'M NOT -- I'M REALLY NOT FOLLOWING YOU,

WHAT DO I BELIEVE 100 PERCENT?

MR. ZEBROWSKI: THE STATEMENT AT THE PRESS

CONFERENCE.

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NYS ASSEMBLY MARCH 5, 2021

MR. TAGUE: NO, I ACTUALLY THINK THE GOVERNOR'S

LYING, I'M TRYING TO -- YOU WANT MY OPINION, I HONESTLY TRUST THE

SPEAKER MUCH MORE THAN I DO GOVERNOR CUOMO, MUCH MORE, OKAY.

SO I ACTUALLY BELIEVE THE SPEAKER AND I BELIEVE THE MAJORITY LEADER.

BUT I WANT TO HEAR FROM YOU FOLKS THAT YOU BELIEVE THE SPEAKER AND THE

FOLKS IN THE ASSEMBLY AND THAT THE GOVERNOR WAS LYING TO THE PEOPLE OF

NEW YORK STATE --

MR. ZEBROWSKI: THE SPEAKER --

MR. TAGUE: -- WHICH GOES BACK TO THIS BILL, WHY DO

WE TRUST THE GOVERNOR ANY FURTHER IN LIGHT OF WHAT HAS HAPPENED IN THE

LAST FEW WEEKS, WHY DO WE TRUST HIM ANY FURTHER TO HANDLE THESE

EXECUTIVE ORDERS?

MR. ZEBROWSKI: THE SPEAKER IS TELLING THE TRUTH,

PERIOD. AS TO YOUR -- YOUR QUESTION, WHEN WE ATTEMPT TO SET UP A

PROCESS TO DEAL WITH A PUBLIC HEALTH EMERGENCY, AUGMENT AND ESTABLISH

LEGISLATIVE PREROGATIVE AND INPUT, MUNICIPAL INPUT AND PUBLIC INPUT, WE

HAVE TO DO SO IN THE BEST AND MOST RESPONSIBLE MANNER THAT WE CAN. SO

INDEPENDENT OF THE PERSON THAT OCCUPIES THE EXECUTIVE MANSION, THAT

DOESN'T MEAN THAT MASK REQUIREMENTS, DIRECTIVES THAT FACILITATE PEOPLE

TO TEMPORARILY PRACTICE OUT OF THEIR SCOPE OF PRACTICE TO ADMINISTER

VACCINES OR TESTING, ELECTRONIC SIGNING DOCUMENTS, IT DOESN'T MEAN THAT

WE, AS A LEGISLATURE, SHOULD JUST WHOLESALE CANCEL THOSE THINGS

IMMEDIATELY. I THINK WE HAVE TO SET UP A PROCESS BY WHICH THEY

EXPIRE, ARE REVIEWED, ARE CANCELED IF NECESSARY, OR HANDLE LEGISLATIVELY

WHERE NECESSARY. YOU KNOW, I THINK WE'RE SPENDING A LOT OF TIME HERE,

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AND WE MAY HAVE A LOT OF AGREEMENT ON THESE OTHER THINGS. AT THE END

OF THE DAY, THE DISAGREEMENT SEEMS TO CENTER AROUND WHETHER THEY

SHOULD BE -- EXPIRE IMMEDIATELY LIKE TODAY, OR WHETHER WE SHOULD DO

SO IN AN ORDERLY PROCESS. I THINK THIS ENTIRE HOURS-LONG DEBATE COMES

TO THAT WHEN WE ACTUALLY MIGHT BE IN AGREEMENT ON A LOT OF THESE

THINGS OVER THE COURSE OF THE NEXT MONTH OR COUPLE MONTHS.

MR. TAGUE: MR. ZEBROWSKI, I JUST WANT TO SAY

THANK YOU. IT'S ALWAYS AN HONOR AND A PLEASURE DEBATING WITH YOU.

YOU'RE A VERY SHARP YOUNG MAN AND I APPRECIATE YOUR RESPECT AND YOUR

ANSWERS.

ON THE BILL, MR. SPEAKER.

MR. ZEBROWSKI: THANK YOU, MR. TAGUE, SAME

HERE.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

TAGUE.

MR. TAGUE: MY FELLOW COLLEAGUES, THIS BILL TODAY

IS NOT AS IT HAS BEEN REPRESENTED. THIS IS NO RESCINDING OF POWER, YOU

HAVE TO (AUDIO INTERFERENCE) -- FURTHER EMPOWERS THE GOVERNOR TO THE

POINT WE HAVE ALL BEEN BETTER OFF JUST WAITING FOR HIS POWERS TO EXPIRE

AT THE END OF APRIL. THE FACT OF THE MATTER IS THAT THIS BILL DOES NOTHING

TO PREVENT THE GOVERNOR FROM CONTINUING HIS ONE-MAN RULE, AND SERVES

ONLY TO ESTABLISH MEANINGLESS OVERSIGHT BY HIS POLITICAL ALLIES, NOT A

MEANINGFUL RESTORATION OF POWER TO THE LEGISLATION.

EVEN REFERRING TO WHAT THIS BILL IS AS AN OVERSIGHT IS

FAR TOO GENEROUS, BECAUSE THE ONLY PEOPLE WHO ARE GIVEN ANY DEGREE OF

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OVERSIGHT AT ALL ARE THOSE IN HIS OWN PARTY. THANKS TO OUR STATE'S

ONE-PARTY RULE, RESTORING BALANCE, CONSTITUTIONAL GOVERNMENT MEANS

INVOLVING EVERY ONE OF THE REPRESENTATIVES THAT SPEAK ON BEHALF OF THE

MILLIONS OF NEW YORKERS ACROSS OUR STATE IN THE DECISION-MAKING

PROCESS; YET, THIS BILL ONLY SEEKS TO FURTHER CONSOLIDATE POWER OF OUR

DEMOCRATIC LEGISLATURE WHILE LEAVING REPUBLICANS WHO REPRESENT THE

MAJORITY OF RURAL, UPSTATE NEW YORK IN THE DARK AS CONSEQUENTIAL

DECISIONS THAT AFFECT ALL NEW YORKERS ARE WORKED OUT BEHIND CLOSED

DOORS, JUST AS THIS BILL WAS QUIETLY HASHED OUT, ACCORDING TO THE

GOVERNOR, IN COLLABORATION WITH HIMSELF. TO EVEN THINK THAT THE

GOVERNOR WOULD HAVE A SAY IN A BILL DESIGNATED TO RESCIND HIS OWN

POWERS, HIS ACTIONS AND CHARACTER IS RIDICULOUS. IT'S OBLIVIOUS AS TO THE

REASON SO MANY PEOPLE WANT TO SEE THIS GOVERNOR DISEMPOWERED. HIS

DISHONESTY. PEOPLE WERE EXPECTING US TO COME HERE TO TAKE -- TO TAKE

BACK THE GOVERNOR'S EMERGENCY POWERS. BUT THOSE PEOPLE WERE LIED

TO. AND AFTER TODAY, THE GOVERNOR WILL HAVE AS MUCH POWER TO

DOMINEER OUR STATE GOVERNMENT AS EVER.

THE PEOPLE ARE TIRED OF LIES AND TRICKS AND POLITICS.

THIS WAS OUR CHANCE TO FINALLY STAND UP FOR WHAT'S RIGHT AND SIMPLY DO

WHAT WE PROMISED OUR CONSTITUENTS, PROMISED THEM WHAT WE WOULD DO.

INSTEAD, THE MAJORITY HAS SIDED WITH THE GOVERNOR OVER THE PEOPLE TO

PASS A BILL HE HELPED DEVELOP, ACCORDING TO HIS ADMISSION. TO

EVERYONE IN THIS CHAMBER, I HOPE SOON ENOUGH WE CAN BEGIN TO TAKE

SERIOUSLY THE WRONGDOINGS OF THIS GOVERNOR AND TAKE MEANINGFUL STEPS

TO RESTORE COEQUAL CONSTITUTIONAL GOVERNMENT IN OUR STATE. TO GO

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HOME TONIGHT AND TELL OUR CONSTITUENTS THAT WE ENDED THE GOVERNOR'S

POWERS, THAT WILL BE A LIE; YET ANOTHER LIE THAT PROTECTS THE GOVERNOR

AND HURTS EVERYONE ELSE IN THIS STATE. THIS BILL REPRESENTS THE WORST OF

ALBANY POLITICS.

IN CLOSING, I ALSO WANT TO STATE THAT NOT ONLY HAVE I

CALLED FOR THE GOVERNOR'S RESIGNATION, ALONG WITH MANY OF MY OTHER

COLLEAGUES ON BOTH SIDES OF THE AISLE, I HAVE ALSO CALLED FOR HIS

IMPEACHMENT. SO, I'M SURELY NOT A HYPOCRITE, AS WAS ALLEGED EARLIER

TODAY. I WILL BE VOTING NO AND ENCOURAGE EVERYONE ELSE TO VOTE NO ON

THIS LEGISLATION. THIS BILL, PUT SIMPLY, IS A FARCE, POLITICAL COVER AND

DOES ABSOLUTELY NOTHING.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. GLICK.

MS. GLICK: THANK YOU VERY MUCH, MR. SPEAKER. IS

MY AUDIO QUALITY FINE OR SHOULD I DROP THE VIDEO?

ACTING SPEAKER AUBRY: NOT SO GOOD.

MS. GLICK: OKAY. WE'RE DROPPING THE VIDEO IN THE

HOPES -- IS THAT AN IMPROVEMENT?

ACTING SPEAKER AUBRY: MUCH BETTER.

MS. GLICK: OKAY. FIRST OF ALL, ON THE BILL, MR.

SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL.

MS. GLICK: I AM -- I AM SUPPORTING THE LEGISLATION

NOT BECAUSE I AM CARRYING ANY BRIEF FOR THIS GOVERNOR, BUT PEOPLE ARE

STILL TESTING POSITIVE FOR COVID, PEOPLE ARE DYING, AND TO IMMEDIATELY

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ELIMINATE THE GOVERNOR'S POWERS CREATES CHAOS AND, FRANKLY, WHERE WE

ARE TODAY A YEAR INTO THIS PANDEMIC IS BECAUSE OF THE PRIOR CHAOS THAT

HAD COME OUT OF WASHINGTON. WE DIDN'T GET COMPETENCE. WE DIDN'T

GET UNITY. WE GOT, COVID IS A HOAX. WE GOT RHETORIC INFLAMING

HATRED AGAINST ASIAN-AMERICANS. WE GOT MASK WEARING AS A WEDGE

ISSUE AS OPPOSED TO SUPPORTING THE INFORMATION FROM ACTUAL HEALTH

PROFESSIONALS THAT COULD HAVE PROTECTED THE LIVES OF THOUSANDS AND

THOUSANDS OF AMERICANS AND KEPT ALL OF US SAFER. WE WERE TOLD THAT IT

WOULD DISAPPEAR LIKE A MIRACLE AND, IF IT DIDN'T, YOU COULD PROBABLY

INJECT SOME BLEACH.

BUT TODAY, WE ARE HOPEFULLY, HOPEFULLY JUST A FEW

MONTHS AWAY FROM EVERY AMERICAN WHO WANTS ONE HAVING A VACCINE,

AND HOPEFULLY MORE AMERICANS WILL RECOGNIZE THE IMPORTANCE OF

GETTING A VACCINE. I AM PLEASED THAT THEY APPEAR TO BE COMING MORE

AVAILABLE. BUT THE REALITY IS, AND I HEAR MY COLLEAGUES, I'M SYMPATHETIC

WITH MANY OF THE PEOPLE ON THE OTHER SIDE OF THE AISLE WHO FEEL THAT

THEIR COMMUNITIES ARE SAFER AND THEY DON'T HAVE AS MUCH INFECTION.

BUT YOU KNOW, NEW YORKERS TRAVEL. AND WHEN IT GETS WARMER, THEY

WILL TRAVEL MORE. AND SO, WITHOUT CERTAIN UNIVERSAL RESTRICTIONS, UNTIL

WE HAVE ACHIEVED GREATER VACCINATION RATES AND/OR HERD IMMUNITY,

PEOPLE ARE AT RISK.

I REPRESENT PART OF LOWER MANHATTAN AND MANY OF OUR

UPSTATE FARMERS TRAVEL TO NEW YORK IN ORDER TO SELL THEIR PRODUCTS.

AND WE'RE VERY HAPPY TO HAVE THOSE FARMERS MARKETS, BUT THEY'RE GOING

TO TURN AROUND AND THEY'RE GOING TO GO BACK TO THEIR HOME COMMUNITY.

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AND IF WE ARE NOT EXERCISING APPROPRIATE PROTECTIONS, YOUR COMMUNITY

WON'T BE SAFER, NOR WILL OURS. PEOPLE WANT TO FEEL SAFE. THEY'RE

FRUSTRATED, WE ARE ALL FRUSTRATED. WE'D LIKE TO BE BACK TO OUR NORMAL

LIVES, BUT THERE ARE PROCESSES THAT NEED TO BE IN PLACE AND, YOU KNOW,

LOOK. NOBODY LIKES THE IDEA THAT PEOPLE IN PUBLIC OFFICE LIE. OH,

QUELLE SURPRISE. PEOPLE IN PUBLIC OFFICE HAVE BEEN KNOWN TO LIE. WE

WENT THROUGH FOUR YEARS OF AN ENDLESS SERIES OF LIES, LIES THAT COST LIVES,

WITH COVID AND LIES THAT COST LIVES ON JANUARY 6TH.

IF PEOPLE ARE FRUSTRATED ABOUT THE VACCINATION

DISTRIBUTION, AND I THINK WE ALL ARE, IT WOULD HAVE BEEN BETTER IF THERE

HAD BEEN SOME FEDERAL PLAN; REGRETTABLY, THERE WASN'T. IT WAS LEFT TO

THE STATES. EVERYTHING WAS LEFT TO THE STATES. AND MY CONSTITUENTS,

MANY OF THEM FELT RELIEVED THAT THEY WERE IN NEW YORK STATE WHERE

THERE WAS, IN FACT, MASK RESTRICTIONS, LIMITATIONS ON PEOPLE GATHERING,

BECAUSE IT KEPT THEM SAFER. NOT BECAUSE THEY DIDN'T WANT TO SEE THEIR

FRIENDS AND FAMILY, NOT BECAUSE THEY DIDN'T WANT TO GO OUT TO A

RESTAURANT, BUT BECAUSE THEY DIDN'T FEEL SAFE DOING THAT.

SO YOU CAN TAKE AWAY AUTHORIZATIONS, BUT THAT DOESN'T

MEAN THAT PEOPLE FEEL SAFE ENOUGH TO HAVE 100 PERCENT OCCUPANCY IN A

RESTAURANT, AND IT MAY NOT BE WISE TO DO SO YET. I THINK THAT -- I WANT TO

COMMEND MR. ZEBROWSKI FOR STANDING UP FOR SO LONG TODAY AND

DEFENDING AN ORDERLY PROCESS. YOU CAN CRITICIZE IT IF YOU LIKE, BUT THE

ALTERNATIVE OF DOING NOTHING OR THE ALTERNATIVE OF SWEEPING EVERYTHING

AWAY, EITHER ONE OF THOSE IS UNACCEPTABLE. ONE OF OUR COLLEAGUES SAID

WHY IS THE, YOU KNOW, MUSIC CLASSES, THEY HAVE TO BE 12-FEET APART.

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WELL, SOME OF THE SCIENCE DOES INDICATE THAT WHEN YOU SING, YOU

PROJECT FURTHER THAN SIX FEET IN TERMS OF THE DROPLETS THAT YOU MAY BE

CARRYING. SO IF YOU'RE SINGING OR PLAYING AN INSTRUMENT, IT MAY CARRY

FURTHER. BUT EVEN IF THE GOVERNOR DID NOT HAVE CERTAIN AUTHORIZATIONS,

THE HEALTH DEPARTMENT, THE STATE EDUCATION DEPARTMENT COULD SEND

REGULATIONS THAT WOULD MAKE THOSE COMMONSENSE RESTRICTIONS OR

LIMITATIONS REASONABLE AND ENFORCE THEM.

SO I'M SUPPORTING THE BILL BECAUSE IT SETS UP AN

ORDERLY PROCESS SO THAT WE SEND THE MESSAGE THAT THE GOVERNOR IS NOT --

IS NOT ON HIS OWN, THAT THE LEGISLATURE IS REASSERTING ITS AUTHORITY BY

SAYING NO NEW DIRECTIVES. IF THERE ARE ANY DIRECTIVES THAT YOU SEEK TO

EXTEND OR MODIFY, THERE'S A LIMITATION ON THEM, THEY WILL BE REVIEWED,

AND YOU DON'T HAVE CARTE BLANCHE. IT IS, AS ONE OF MY COLLEAGUES

POINTED OUT, WE DON'T DO THINGS VERY QUICKLY, SO IF THERE ARE, OH, 100 OR

SO IMPORTANT DIRECTIVES THAT KEEP NEW YORKERS SAFE, THAT ALLOW

BUSINESS TO CONTINUE, THAT ALLOW MEDICAL PROFESSIONALS TO PROVIDE

SERVICES THAT THEY WOULDN'T NORMALLY BE ALLOWED TO DO, IT IS -- IT WOULD

BE IMPOSSIBLE FOR US TO HANDLE ALL OF THOSE IN A TIMELY FASHION IN A WAY

THAT WOULD KEEP NEW YORKERS SAFE.

SO I JUST WANT TO COMMEND MR. ZEBROWSKI AND SAY

THAT NOTHING IS -- NOTHING THAT WE DO IS PERFECT, BUT I DO THINK THAT I'M

OPPOSED TO CHAOS AND I THINK THAT WITHOUT SOME PROCESS IN PLACE THAT IS

WHAT WE WOULD VISIT UPON NEW YORKERS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. MILLER.

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

SPONSOR -- OR MR. ZEBROWSKI YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: I'M NOT SURE MY MIC'S ON, BUT,

YES, I'LL YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. MILLER: THANK YOU. CAN YOU CLARIFY THE -- THE

LOCAL EXECUTIVE AUTHORITY? IT SPECIFIES OTHER THAN IN INSTANCES WHERE IT

CONFLICTS WITH STATE LAW OR ANOTHER EXECUTIVE ORDER. DOES THAT MEAN

THAT LOCAL MUNICIPALITIES ONLY HAVE THE AUTHORITY TO EXERCISE THINGS THAT

ARE ALREADY WITHIN THE GOVERNOR'S EXECUTIVE ORDERS? FOR EXAMPLE, IN

MY TOWN WE HAVE A COUPLE OF SMALL RESTAURANTS. IF ONE OF THE -- THE

MAYOR OR -- OR IF IT WERE THE COUNTY EXECUTIVE MAYBE SAYS, WELL, THE

CURFEW CAN NOW GO TO 1:00 A.M.; RESTAURANTS AND BARS HAVE TO CLOSE AT

1:00 A.M., BUT THE GOVERNOR'S DIRECTIVE IS NOT 1:00 A.M., IT'S 10:00 P.M.

ARE THEY ALLOWED TO DO THAT OR NO?

MR. ZEBROWSKI: LET ME EXPLAIN THAT SECTION; IT'S

A GOOD QUESTION. SO WITHIN THE CONTEXT OF THIS PANDEMIC, THERE WAS AN

EXECUTIVE ORDER THAT SAID YOU MAY NOT ISSUE ANY EXECUTIVE ORDERS THAT

WOULD NORMALLY BE WITHIN YOUR POWER AS A MUNICIPALITY UNLESS YOU GET

PRIOR APPROVAL. SO WHAT THIS SECTION DOES IS RESTORE ALL NORMAL

EXECUTIVE ORDER AUTHORITY UNLESS IT CONFLICTS WITH A STATE LAW OR

DIRECTIVE. AND WHAT, ESSENTIALLY, THAT MEANS IS IT ESTABLISHES THE

NORMAL PREEMPTION PROCESS THE STATE WOULD HAVE OVER ANY

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MUNICIPALITY WHICH IS THAT, YOU KNOW, WITHIN THEIR NORMAL POWERS,

THEY CAN PASS LAWS, BUT THEY CAN'T PASS A TOWN ORDINANCE OR A COUNTY

LAW THAT CONFLICTS WITH THE STATE LAW. SO IT RESTORES THEIR POWER, BUT

UNDER THE NORMAL PREEMPTION LAW AS IT EXISTS.

MS. MILLER: THEY WOULD NOT BE ALLOWED TO LIFT A

CURFEW OR -- OR CHANGE THE TIME OF A CURFEW IF IT WERE NOT WITHIN THE --

WHAT THE EXECUTIVE ORDER, WHAT THAT HAD STATED, ORIGINALLY.

MR. ZEBROWSKI: I HESITATE TO GET INTO A LOT OF

DIRECT LEGAL ANALYSIS, BUT I THINK THAT IT'S FAIR TO SAY THAT THAT WOULD BE A

DIRECT CONFLICT.

MS. MILLER: OKAY. THANK YOU. AND THEN YOU SAID

YOURSELF THAT YOU THINK THAT THE LOCAL HEALTH COMMISSIONERS SHOULD

HAVE CONTROL OVER THE VACCINE DISTRIBUTION. I KNOW I'VE HEARD FROM

PLENTY OF LOCAL THAT THE VACCINE DISTRIBUTION WOULD BE LESS CHAOTIC,

CERTAINLY, IF THE LOCAL HEALTH COMMISSIONERS DID HAVE MORE OF A VOICE

IN HOW THIS WAS DISTRIBUTED -- HOW THIS PLAYS OUT; DOES THIS BILL ADDRESS

THAT AT ALL?

MR. ZEBROWSKI: SO YOU SAID TWO DIFFERENT THINGS

THERE. I THINK THE FIRST PART OF YOUR QUESTION YOU SAID THE HEALTH

COMMISSIONERS SHOULD HAVE WHAT I TOOK TO MEAN, LIKE, FULL CONTROL AND

THEN AT THE END, YOU SAID HAVE MORE OF A VOICE. SO SOMEWHERE WITHIN

THERE -- WITHIN THAT IS MY OPINION. YOU KNOW, I DON'T KNOW -- I DON'T

KNOW THAT I CAN SAY HERE ON THE FLOOR RIGHT NOW THAT EACH COUNTY

SHOULD BE ABLE TO DO EXACTLY EVERY SINGLE THING THEY WANT IRRESPECTIVE

OF WHAT WE WOULD HAVE AS A STATEWIDE POLICY, RIGHT. LIKE SO FOR

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INSTANCE, I BELIEVE THAT TEACHERS SHOULD BE WITHIN THE ESSENTIAL WORKER

1-B CATEGORY; SOME OTHER STATES DISAGREE. I WOULDN'T WANT TO GET INTO A

COUNTY BY COUNTY DISAGREEMENT OVER THAT AND HAVE SOME COUNTIES HAVE

TEACHERS IN, SOME COUNTIES HAVE TEACHERS OUT.

THAT BEING SAID, I BELIEVE THE COUNTY HEALTH

DEPARTMENTS SHOULD BE UTILIZED FAR MORE EFFECTIVELY TO DISTRIBUTE THE

VACCINES, ESPECIALLY WHEN WE HAVE SUCH A LIMITED SUPPLY. I ACTUALLY

THINK IT'S MORE IMPORTANT WITH A LIMITED SUPPLY THAN IT WOULD BE WHEN

WE COULD HAVE ENOUGH WHERE YOU COULD WALK DOWN TO YOUR

NEIGHBORHOOD DRUGSTORE IF YOU WANT AND GET A VACCINE. SO THAT'S MY

OVERALL OPINION ON IT.

MS. MILLER: OKAY. THANK YOU. THE NUMBER ONE

COMMENT THAT I KEEP HEARING FROM SO MANY OF MY CONSTITUENTS IS THAT

THEY FEEL THAT HIS DIRECTIVES, THAT THESE DIRECTIVES HAVE BEEN ARBITRARY,

THEY JUST PICK A NUMBER OUT OF NOWHERE. DOES THIS BILL AT ALL ADDRESS

AND FIX THAT ARBITRARY SYSTEM THE WAY THESE DIRECTIVES HAVE BEEN

CRAFTED?

MR. ZEBROWSKI: YEAH, I BELIEVE IT DOES. FIRST, IT

PREVENTS ANY NEW DIRECTIVES FROM BEING ISSUED. SO WE SHOULD NO

LONGER FEAR A NEW ARBITRARY DIRECTIVE COMING DOWN, BECAUSE THAT

AUTHORITY IS REVOKED. IN TERMS OF THE EXISTING DIRECTIVES, I BELIEVE I

ENVISION A PROCESS BY WHICH WE ARE ABLE TO NARROW AND IDENTIFY THE

ISSUES WITH MANY OF THESE DIRECTIVES, GET THEM CHANGED OR -- AND/OR

REVOKE THEM THROUGH JOINT RESOLUTION. SO I DO BELIEVE THAT THIS BILL

WOULD HELP IN THAT RESPECT.

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MS. MILLER: OKAY. SO -- THANK YOU. THANK YOU.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL.

MS. MILLER: THAT BEING SAID THAT THIS -- THAT THE

LEGISLATURE WOULD HAVE THE POWER TO DO THIS, THE LEGISLATURE HAS

SUPPOSEDLY HAD THIS POWER ALL ALONG THAT WE SHOULD HAVE HAD, YOU

KNOW, THE RIGHT TO PULL BACK OR HAVE A VOICE OR -- OR IF THEY HAVE NOT IN

ALL OF THIS YEAR DONE ANYTHING TO REVOKE THESE POWERS OR EVEN CHANGE

ANY OF THESE DIRECTIVES, IN THE WAKE OF THE NURSING HOME DEATHS, THE

COVERUPS, THOSE WITH SEXUAL HARASSMENT, YOU KNOW, THESE ACCUSATIONS,

WHEN OR WHAT COULD POSSIBLY MOTIVATE THE LEGISLATURE TO DO SO NOW? I

KNOW -- I KNOW WE HAVE BEEN, YOU KNOW, HEARING IT. WE WERE ON THE

GOVERNOR'S OFFICE CALLS ALL -- EVERY SINGLE DAY WE HAD THESE UPDATE

CALLS AND WE WERE THE ONES THAT WERE POINTING OUT WHAT WAS WORKING,

WHAT WASN'T WORKING, WHO HADN'T BE -- WHO HADN'T BEEN CONSIDERED.

THAT ABILITY TO CRAFT THE DIRECTIVES BELONGED WITH US AND I JUST DON'T SEE

-- WE HAVEN'T DONE IT ALL THIS YEAR OTHER THAN THE OPPORTUNITY TO HAVE

THOSE UPDATE CALLS, WHATEVER INFORMATION THEY WERE WILLING TO LISTEN TO

FROM US.

I JUST -- I FEEL THAT THE TIME IS NOW. HE HAS LIED TO US,

OUR GOVERNOR. HE'S LIED TO US, HE'S LIED TO OUR CONSTITUENTS, HE KEPT

CRITICAL INFORMATION FROM US. THAT ENOUGH IS FOR US TO SAY NO MORE.

WE'RE THE LAWMAKERS, WE KNOW OUR DISTRICTS, WE WILL DO A BETTER JOB,

150 OF US, NOT ONE, AND WHAT HE DID IS ONE PERSON. SO, YOU KNOW, I

JUST HAVE VERY STRONG CONCERNS STILL. THANK YOU.

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ACTING SPEAKER AUBRY: THANK YOU.

MR. EICHENSTEIN.

MR. EICHENSTEIN: CAN I BE HEARD?

ACTING SPEAKER AUBRY: YES, SIR.

MR. EICHENSTEIN: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. EICHENSTEIN: THANK YOU, MR. SPEAKER.

WHILE WE STARTED OFF TODAY TOGETHER IN ALBANY WITH SHABBOS JUST A

COUPLE OF HOURS AWAY, I COME TO YOU NOW VIRTUALLY.

MR. SPEAKER, I HAVE THE PRIVILEGE TO REPRESENT THE

NEIGHBORHOODS OF BOROUGH PARK AND MIDWOOD, TWO NEIGHBORHOODS

PLACED IN A RED ZONE AS A RESULT OF THESE EXTRAORDINARY POWERS. IT IS

IMPORTANT TO NOTE THAT JUST A COUPLE OF WEEKS AFTER WE WERE PLACED IN

RED ZONES, MULTIPLE OTHER CLUSTER REGIONS THROUGHOUT THE STATE WERE IN

DOUBLE-DIGIT POSITIVITY RATES, MORE THAN TWICE THE POSITIVITY RATE OF MY

NEIGHBORHOODS; YET, NO OTHER NEIGHBORHOOD NEVER WENT BEYOND AN

ORANGE OR YELLOW ZONE. IT IS IMPORTANT TO REFLECT RIGHT HERE ON THE FLOOR

OF THE PEOPLE'S HOUSE THAT ONLY ORTHODOX JEWISH NEIGHBORHOODS, BE IT

IN BROOKLYN, IN QUEENS, IN ROCKLAND COUNTY, IN ORANGE COUNTY, ON

STATEN ISLAND, ONLY ORTHODOX JEWISH NEIGHBORHOODS WERE SINGLED OUT

BY THIS GOVERNOR AND PLACED IN FULL LOCKDOWN RED ZONES IN AN EFFORT TO

TAKE REVENGE AGAINST MY COMMUNITY.

IT IS WITH THAT IN MIND, MR. SPEAKER, THAT I VOTED IN

THE PAST AND I WILL CONTINUE TO ADVOCATE FOR FULLY REVOKING THE

GOVERNOR'S POWERS THAT HE HAS SO MISUSED AND ABUSED IN A

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DISCRIMINATORY FASHION. AND IT'S WITH THAT IN MIND, MR. SPEAKER, THAT I

VOTE FOR THIS LEGISLATION DESPITE THE FACT THAT I BELIEVE THAT IT DOES NOT

GO FAR ENOUGH, BUT I WILL VOTE FOR IT AS A FIRST STEP - AND I REPEAT AS A

FIRST STEP - IN HOLDING THIS GOVERNOR ACCOUNTABLE. MR. SPEAKER, I VOTE

IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. EPSTEIN.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI

YIELDS.

MR. EPSTEIN: MR. ZEBROWSKI, YOU KNOW, THIS IS AN

ISSUE WE'VE TALKED ABOUT BEFORE, NYU DENTAL FACILITY'S IN MY DISTRICT,

THEY OPERATE A DENTAL PROGRAM ACROSS MY NEIGHBORHOOD THAT FOCUS ON

LOW-INCOME CHILDREN AND TITLE I SCHOOLS. CURRENTLY THE GOVERNOR HAS

NOT BEEN WILLING TO GIVE THEM GUIDANCE ABOUT HOW THEY START USING

THOSE CLINICS AND SCHOOLS AND, THROUGH THIS PROCESS, I WANTED TO JUST

MAKE SURE I'M CLEAR WHAT THIS WOULD BE IN RELATIONSHIP TO THAT. HOW

WOULD WE ENSURE THAT WE GOT A RESPONSE FROM THE GOVERNOR ON THIS

ISSUE TO HELP US, AS LEGISLATORS, TO ENSURE THAT OUR -- MY LOW-INCOME

TITLE I STUDENTS CAN GET THE DENTAL SERVICES THEY GET FROM NYU DENTAL?

MR. ZEBROWSKI: SURE. MY UNDERSTANDING - AND

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CERTAINLY, I GUESS YOU REPRESENT THE SCHOOL SO I HESITATE TO CONTRADICT,

BUT IT'S PROBABLY NOT A CONTRADICTION - MY UNDERSTANDING IS THAT THE

SCHOOL CAN OPERATE. I'M NOT EXACTLY SURE WHAT'S HAPPENING WITHIN THE

CONTEXT OF THE SCHOOL AND THE REGULATIONS, BUT I WOULD SAY THAT THERE'S

NOTHING IN THIS BILL THAT WOULD CHANGE OR MAKE IT HARDER FOR THAT SCHOOL

TO PROVIDE DENTAL SERVICES, AND I THINK STAFF AND CHAIRS OF RELEVANT

COMMITTEES WOULD BE HAPPY TO WORK WITH YOU TO FIGURE OUT WHAT

EXACTLY IS GOING ON THERE AND HOW WE CAN GET THEM OPERATIONAL LIKE

OTHER SIMILAR INSTITUTIONS ARE.

MR. EPSTEIN: SO BASICALLY I WOULD HAVE THE CHAIR

WRITE A LETTER TO THE GOVERNOR'S OFFICE RAISING THE CONCERNS THAT WE

HAVE. WE WOULD EXPECT THAT THE GOVERNOR WOULD RESPOND TO THOSE

REQUESTS AND, IF HE DIDN'T, THAT EXECUTIVE ORDER WOULDN'T PERSIST?

MR. ZEBROWSKI: YOU BELIEVE THAT THAT SCHOOL IN

PARTICULAR IS NOT OPERATIONAL DUE TO AN EXECUTIVE ORDER DIRECTIVE THAT'S

IN EFFECT RIGHT NOW?

MR. EPSTEIN: THAT IS -- YES. THEY CANNOT OPERATE

THEIR DENTAL CLINICS IN SCHOOL. THEY CAN OPERATE THEIR SCHOOL REMOTELY,

BUT THEY CANNOT OPERATE THE DENTAL CLINICS BECAUSE OF AN EXECUTIVE

ORDER IN EFFECT RIGHT NOW.

MR. ZEBROWSKI: SO I WOULD SAY, FIRST, I'M NOT

AWARE OF THAT EXECUTIVE ORDER OR DIRECTIVE, BUT LET'S JUST SAY -- LET'S JUST

SAY IT IS ONE. YOU HAVE A COUPLE OPTIONS. ONE: YOU COULD PROPOSE A

JOINT RESOLUTION TO CANCEL THAT EXECUTIVE -- THAT DIRECTIVE, OR WITHIN THE

CONTEXT OF THIS BILL, IT WILL EXPIRE. AND I WOULD SUGGEST YOU START THE

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PROCESS EARLY AND WORKING THROUGH THE COMMITTEE PROCESS, OFF THE TOP

OF MY HEAD I WOULD ASSUME IT WOULD BE HIGHER EDUCATION AND

ASSEMBLYMEMBER GLICK TO GET YOUR CONCERNS INTO COMMENT FORM AND

ATTEMPT TO HAVE IT EITHER AMENDED OR NOT PUT FORTH FOR EXTENSION, YOU

KNOW, WITHIN THE NEXT 30 DAYS. BUT, YOU KNOW, I JUST WANT TO CAUTION

THAT I HAVE SEPARATE INFORMATION ON WHETHER OR NOT THIS IS THE RESULT OF

AN EXECUTIVE ORDER DIRECTIVE BUT, YOU KNOW, JUST FOR THE SAKE OF THIS

DEBATE, I THINK THAT HYPOTHETICAL SITUATION IS HOW I WOULD PRESENT IT.

MR. EPSTEIN: THANK YOU. THANK YOU, MR.

ZEBROWSKI.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. EPSTEIN: I JUST WANT TO -- I APPRECIATE WHERE

WE'RE GOING WITH THIS. I DO WANT TO SUPPORT MY COLLEAGUES AND I WILL

BE VOTING IN FAVOR OF THIS. WHATEVER WE CAN DO NOW TO LIMIT THE

GOVERNOR'S POWER TO MAKE ARBITRARY DECISIONS IS REALLY CRITICAL. AND TO

ENSURE THAT THERE WILL BE NO NEW EXECUTIVE ORDERS THAT WE MANAGE IS

SO IMPORTANT, AND THAT EXECUTIVE ORDERS WHERE IT DOESN'T -- IT ISN'T

CLEAR, THERE'S NO RHYME OR REASON, WE HAVE THE OPPORTUNITY TO GET

QUESTIONS ANSWERED, OR THAT THOSE EXECUTIVE ORDERS WILL NO LONGER

EXIST IS A CRITICAL THING. WE NEED TO BE ABLE TO DO MORE, AS MUCH AS WE

CAN TO TAKE BACK OUR LEGISLATIVE POWER.

I THINK THIS IS A CRITICAL FIRST STEP TO ENSURE THAT THE

LEGISLATURE DOES WHAT IT NEEDS TO DO TO PROTECT OUR CONSTITUENTS AND FOR

THE EXAMPLE I GAVE, THESE ARE LOW-INCOME, TITLE I STUDENTS WHO DON'T

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HAVE ACCESS TO DENTAL CARE. IT IS SOMETHING THAT THEY NEED ACCESS TO,

ESPECIALLY DURING THIS PANDEMIC. I WILL BE VOTING IN FAVOR OF THIS BILL

AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME TO ENSURE THAT OUR

COMMUNITY GETS THE SERVICES THAT THEY NEED AND TO ENSURE WE HOLD THE

GOVERNOR ACCOUNTABLE FOR WHAT HE DOES AND DOES NOT DO. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. CARROLL.

MR. CARROLL: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. CARROLL: A YEAR AGO WHEN THE GOVERNOR

FOISTED UPON US THESE EXTRAORDINARY POWERS, I VOTED AGAINST THAT BILL. IF

THEY WERE PRESENTED TO US TODAY, I WOULD VOTE AGAINST THAT BILL. BUT,

TODAY, WE ARE CONFRONTED WITH A DIFFERENT BILL AND THAT BILL I WILL BE

SUPPORTING. AND I SUPPORT IT BECAUSE WE MUST BEGIN TO UNWIND THE

GOVERNOR'S EXECUTIVE POWERS. BUT IT WOULD BE IMPRUDENT TO PULL BACK

THE CURTAIN IMMEDIATELY AND REMOVE EVERY POWER OVER THE NEXT 30

DAYS. AS WE REOPEN OUR ECONOMY, OUR SOCIETY, OUR SCHOOLS, WE MUST

NOW WHITTLE BACK THE POWERS THAT THE GOVERNOR TOOK. THIS IS THE

PRUDENT CHOICE. THIS IS THE CORRECT CHOICE. THIS IS THE BEGINNING OF

THE END. WE WILL BEGIN TO REASSERT OUR POWER, BEGIN TO REASSERT OUR

OVERSIGHT, AND MAKE SURE THAT NEW YORK'S ECONOMY, SCHOOLS, AND

PUBLIC HEALTH IS CAREFULLY TAKEN CARE OF.

I THANK THE SPONSOR FOR THIS BILL AND I LOOK FORWARD TO

WORKING WITH MY COLLEAGUES IN MAKING SURE THAT NEW YORK REOPENS

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AND THAT WE PROVIDE THE CORRECT OVERSIGHT AND CHECK TO THIS POWER.

AND I HOPE THAT MY COLLEAGUES WILL DO THE SAME AND VOTE IN FAVOR OF

THIS MOST IMPORTANT LEGISLATION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MAMDANI.

MR. MAMDANI: THANK YOU, MR. SPEAKER. FIRST, I

WOULD LIKE TO THANK KEN FOR HIS STAMINA AND HIS WORK.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MAMDANI: I AM VOTING FOR THIS BILL AS A FIRST

STEP TOWARDS ACCOUNTABILITY. ACCOUNTABILITY FOR A GOVERNOR AND

ADMINISTRATION FOR WHOM SCIENCE HAS LONG BEEN SECONDARY TO THE

PURSUIT OF POWER AND POSITIVE PUBLIC PERCEPTION. ACCOUNTABILITY FOR A

GOVERNOR WHO HAS GROSSLY MISHANDLED THIS CRISIS, WHO, IN RESPONSE TO

MAYOR DE BLASIO'S CALL FOR A SHELTER-IN-PLACE SAID, AND I QUOTE, "I HAVE

NO INTEREST WHATSOEVER AND NO PLAN WHATSOEVER TO QUARANTINE ANY CITY,"

GOING ON TO DESCRIBE LOCKDOWNS AS, QUOTE, "COUNTERPRODUCTIVE," TO

ONLY THEN INSTITUTE ONE A WEEK LATER. THAT SEVEN-DAY DELAY COST UP TO

17,000 NEW YORKERS THEIR LIVES.

THE LIST CONTINUES WITH THE RIDICULOUS AND CONTINUED

SUSPENSION OF 24-HOUR NEW YORK CITY SUBWAY SERVICE, AN INCONSISTENT

AND UNSCIENTIFIC RATIONALE FOR REOPENING AND INCREASING THE CAPACITY OF

INDOOR DINING, ALL THE WAY UP TO THE LIE THAT CUOMO'S TOP AIDE, LARRY

SCHWARTZ, TOLD US IN THE MAJORITY THAT INCARCERATED NEW YORKERS

WOULD BE VACCINATED ALONGSIDE CORRECTION OFFICERS IN CATEGORY 1-B.

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TO THIS DAY, WE STILL DO NOT KNOW WHEN THAT WILL OCCUR. I VOTE FOR THIS

BILL AS A FIRST STEP TOWARDS ACCOUNTABILITY FOR A GOVERNOR AND AN

ADMINISTRATION FOR WHOM ABUSE IS COMMONPLACE. IN PLAIN,

ACCOUNTABILITY FOR A GOVERNOR WHO HAS ENGAGED IN WILLFUL AND CORRUPT

MISCONDUCT IN OFFICE.

I WILL NOW READ FIVE EXCERPTS THAT SPEAK TO THIS URGENT

NEED. THE FIRST IS FROM MELISSA DEROSA, SECRETARY TO GOVERNOR

CUOMO, QUOTE, "IT'S THE TRUTH AND THE TRUTH WORKS ALMOST EVERY TIME.

PRESIDENT TRUMP DIRECTS THE DEPARTMENT OF JUSTICE TO DO AN

INVESTIGATION INTO US, AND BASICALLY, WE FROZE BECAUSE THEN WE WERE IN

A POSITION WHERE WE WEREN'T SURE IF WHAT WE WERE GOING TO GIVE TO THE

DEPARTMENT OF JUSTICE OR WHAT WE WOULD GIVE TO YOU GUYS, WHAT WE

START SAYING WAS GOING TO BE USED AGAINST US WHILE WE WEREN'T SURE IF

THERE WAS GOING TO BE AN INVESTIGATION."

THE SECOND IS FROM LINDSEY BOYLAN, FORMER DEPUTY

SECRETARY FOR ECONOMIC DEVELOPMENT AND SPECIAL ADVISOR TO

GOVERNOR CUOMO, AND I QUOTE, "MY FIRST ENCOUNTER WITH THE GOVERNOR

CAME ON JANUARY 6, 2016. AFTER HIS SPEECH, HE STOPPED TO TALK TO ME.

I WAS NEW ON THE JOB AND SURPRISED BY HOW MUCH ATTENTION HE PAID ME.

MY BOSS SOON INFORMED ME THAT THE GOVERNOR HAD A CRUSH ON ME. IT

WAS AN UNCOMFORTABLE, BUT ALL TOO FAMILIAR FEELING. THE STRUGGLE TO BE

TAKEN SERIOUSLY BY A POWERFUL MAN WHO TIED MY WORTH TO MY BODY AND

MY APPEARANCE. STEPHANIE BENTON TOLD ME IN AN E-MAIL ON DECEMBER

14, 2016 THAT THE GOVERNOR SUGGESTED I LOOK UP IMAGES OF LISA

SHIELDS, HIS RUMORED FORMER GIRLFRIEND, BECAUSE, QUOTE, 'WE COULD BE

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SISTERS' AND I WAS THE, QUOTE, 'BETTER LOOKING SISTER.' THE GOVERNOR

BEGAN CALLING ME "LISA" IN FRONT OF COLLEAGUES. IT WAS DEGRADING. I

HAD COMPLAINED TO FRIENDS THAT THE GOVERNOR WOULD GO OUT OF HIS WAY

TO TOUCH ME ON MY LOWER BACK, ARMS, AND LEGS. I TRIED TO EXCUSE HIS

BEHAVIOR. I TOLD MYSELF, QUOTE, 'IT'S ONLY WORDS.' BUT THAT CHANGED

AFTER A ONE-ON-ONE BRIEFING WITH THE GOVERNOR TO UPDATE HIM ON

ECONOMIC AND INFRASTRUCTURE PROJECTS. WE WERE IN HIS NEW YORK CITY

OFFICE ON THIRD AVENUE. AS I GOT UP TO LEAVE AND WALK TOWARD AN OPEN

DOOR, HE STEPPED IN FRONT OF ME AND KISSED ME ON THE LIPS. I WAS IN

SHOCK, BUT I KEPT WALKING."

ACTING SPEAKER AUBRY: MR. MAMDANI, AND I

APPRECIATE YOUR APPROACH, HOWEVER, WE WOULD LIKE YOU TO CONFINE

YOURSELF TO THE BILL AND THE ISSUES THAT RELATE TO THE PASSAGE OF THAT BILL.

MR. MAMDANI: OKAY.

ACTING SPEAKER AUBRY: OTHER ISSUES CAN BE

DISCUSSED LATER. THANK YOU.

MR. MAMDANI: THANK YOU, SPEAKER, I WILL WRAP IT

UP VERY QUICKLY IN LINE OF WHAT YOU HAVE SAID.

SO I BELIEVE THAT THIS IS A FIRST STEP AND I VOTE YES ON

THIS BILL, BUT I HOPE THAT IT IS THE START OF A PROCESS TO ENSURE THAT WE

HOLD THIS GOVERNOR TRULY ACCOUNTABLE. AND I HAVE ONE LAST THING THAT I

WOULD LIKE TO MAKE CLEAR. I DO NOT BELIEVE IN FIGHTING THE SCOURGE OF

ABUSE OF POWER AND POSITION, GROSS MISCONDUCT AND SEXUAL HARASSMENT

BECAUSE I AM A DEMOCRAT. I AM A DEMOCRAT BECAUSE I BELIEVE IN

FIGHTING THE SCOURGE OF ABUSE OF POWER AND POSITION, GROSS MISCONDUCT

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AND SEXUAL HARASSMENT, AND I WILL PURSUE THAT FIGHT REGARDLESS OF WHO IT

LEADS US TO HOLD ACCOUNTABLE, WHAT THEIR PARTY REGISTRATION IS AND WHAT

POSITION THEY HOLD. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GALLAHAN.

MR. GALLAHAN: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI,

WOULD YOU YIELD?

MR. ZEBROWSKI: YES, I'LL YIELD.

MR. GALLAHAN: THANK YOU, SIR. I HAVE A COUPLE

QUICK QUESTIONS. FIRST IS IN REGARDS TO EXECUTIVE ORDER 202.44, WHICH

WAS EXTENDED THROUGH MARCH 28TH BY EXECUTIVE ORDER 202.96, I HAVE

A VERY LARGE RACETRACK IN MY DISTRICT AND ACCORDING TO THIS EXECUTIVE

ORDER, THE STATE HEREBY PERMITTED TO OPERATE SUCH RACETRACKS AS OF JUNE

1ST, 2020, PROVIDED SUCH RACETRACK DOES NOT PERMIT ANY VISITOR OR FAN

INTO THE FACILITY AND ALLOWS ONLY ACCESS FOR ESSENTIAL PERSONNEL. SO I

KNOW WHEN I GO BACK TO MY DISTRICT, IF THIS BILL -- IF THIS BILL IS PASSED,

I'M GOING TO GET HIT WITH A QUESTION BECAUSE OF THE WAY IT WAS

PRESENTED THROUGH THE MEDIA, HOW QUICK CAN WE GET PEOPLE BACK INTO

LIVE RACING? AND I'M WONDERING, AFTER THIS, IF THIS BILL DOES PASS, WHAT

HAPPENS THE NEXT DAY?

MR. ZEBROWSKI: SO FIRST, I DON'T HAVE A RACETRACK

IN MY DISTRICT, SO -- BUT I DID SEE THE ANNOUNCEMENTS THE OTHER DAY.

NONE OF THOSE EXPANSIONS AFFECTED THE RACETRACKS. I KNOW THERE WAS

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SOME OUTDOOR EXPANSIONS AND NOT HAVING A RACETRACK, I'M NOT SURE THAT

I PARTICULARLY PAID ATTENTION TO RACETRACKS, BUT WERE THERE NO -- WERE

THERE NO EXPANSIONS THAT WERE ANNOUNCED AT THE PRESS CONFERENCE

YESTERDAY OR TWO DAYS AGO? I KNOW THEY WERE OUTDOOR, THEY WERE

SUGGESTIONS OF OUTDOORS, BUT BE THAT AS IT MAY, YOU KNOW, I MADE THE

POINT EARLIER THAT I THINK, YOU KNOW, OUR ACTIONS TODAY SPURRED THE --

SPURRED THE EXECUTIVE TO TAKE SOME ACTIONS THERE AND I EXPECT IT WILL

SPUR THE EXECUTIVE TO TAKE SOME ADDITIONAL. BUT IN ADDITION, I WAS

ATTEMPTING TO RIFLE THROUGH WHAT I HAVE HERE OF -- OF THE EXECUTIVE

ORDERS, I'M NOT SURE THAT BEFORE YOU FINISHED YOUR QUESTION I GOT TO THE

EXACT ONE, BUT WE COULD CERTAINLY REVOKE THAT EXECUTIVE ORDER BY JOINT

RESOLUTION. WE COULD ALSO WORK TOWARDS WORKING WITH THE CHAIR OF THE

RELEVANT COMMITTEE, PERHAPS THAT WOULD BE RACING AND WAGERING, IN

YOUR CASE, TO PREEMPTIVELY PROVIDE COMMENTS AND SUGGESTIONS SHOULD

YOU BELIEVE THAT THIS IS GOING TO BE EXTENDED WHEN IT EXPIRES WITHIN 30

DAYS AFTER THIS BILL GOES INTO EFFECT. ASSUMING, OF COURSE, IT'S ALSO A

DIRECTIVE I WAS ATTEMPTING TO RIFLE THROUGH, SO WE'RE TALKING ABOUT

DIRECTIVES.

MR. GALLAHAN: WELL, THANK YOU FOR YOUR ANSWER.

I AM THE RANKER ON RACING AND WAGERING, SO I WILL CERTAINLY ATTACK

THAT, BUT I JUST -- SO WHAT YOU'RE TELLING ME IS WHEN I GO BACK AND I TALK

TO MANAGEMENT, I JUST TELL THEM THAT THERE ARE NO CHANGES.

MR. ZEBROWSKI: I WOULD -- IF YOU WANT TO TELL

MANAGEMENT, I WOULD TELL THEM WHAT I SAID TODAY HERE ON THE FLOOR

WHICH IS THAT THE GOVERNOR HAS NO ABILITY TO ISSUE ANY NEW DIRECTIVES

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AND THAT THE LEGISLATURE INTENDS NOW TO HAVE ALL THESE DIRECTIVES EXPIRE

WITHIN 30 DAYS AND TO GO THROUGH THEM AND IDENTIFY WHICH ONES COULD

AND SHOULD BE CANCELED, WHICH ONES THAT WE SHOULD REGISTER COMMENT

AND QUESTION ON AND SEE IF THEY SHOULD BE MODIFIED IN ANY WAY, THAT

WE ATTEMPT -- WE ARE ATTEMPTING TO DRILL DOWN ON THE SCIENCE. I THINK

MAYBE YOU HAVE HAD SOME OF THE FRUSTRATIONS THAT I HAVE HAD OVER THE

PAST SEVERAL MONTHS IN THAT -- IN ATTEMPTING FIRST BEFORE, YOU KNOW, AND

THIS IS MAYBE TO THE HEART OF THIS DEBATE OVER THE PAST SEVERAL HOURS,

BEFORE DECIDING WHETHER OR NOT WE WHOLESALE CANCEL AN EXECUTIVE

ORDER IN THE MIDDLE OF A PANDEMIC, THAT WE FIGURE OUT EXACTLY WHAT

SCIENCE AND DATA, YOU KNOW, FROM CONTACT TRACERS AND OTHERWISE WE'RE

RELYING UPON SO THAT WE CAN KEEP PEOPLE SAFE BUT ALSO, YOU KNOW,

REOPEN AND GROW OUR ECONOMY.

SO, YOU KNOW, I WOULD SUGGEST THAT YOU GIVE THEM

THAT ASSURANCE. I -- I -- I CAN GIVE YOU THAT ASSURANCE. I THINK MANY OF

MY COLLEAGUES WILL GIVE YOU THAT ASSURANCE THAT WE INTEND FOR THIS TO

BE AN ORDERLY, BUT CRITICAL PROCESS.

MR. GALLAHAN: THANK YOU, AND I APPRECIATE YOU

GIVING ME THAT REASSURANCE. BUT I'D LIKE TO GIVE YOU AN EXAMPLE OF

WHY I'M NOT REALLY CONFIDENT IN MAYBE DR. ZUCKER AND HIS SCIENCE,

BECAUSE I HAD A CONSTITUENT COME TO ME THE OTHER DAY AND SAY, YOU

KNOW, I HAD TO GO FLORIDA ON SOME -- SOME FAMILY BUSINESS AND WE

WALKED IN THE AIRPORT AND WE WERE SOCIALLY DISTANCED, SIX-FEET APART, TO

THE TICKET COUNTER, AND WE WERE SOCIALLY DISTANCED ALL THE WAY THROUGH

SECURITY, AND SHE SAID, YOU KNOW, MY HUSBAND AND I ARE CONSTANTLY

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WATCHING OURSELVES, MY HUSBAND IS A HIGH RISK, AND WE CAN APPRECIATE

ALL THAT AND WE CONFIDED WITH ALL THAT, BUT WHEN WE GOT ON THE PLANE,

THERE WAS 220 PASSENGERS SHOULDER TO SHOULDER FOR THREE HOURS FLYING

HALFWAY ACROSS THE COUNTRY. SHE SAID, I WAS VERY UNCOMFORTABLE WITH

THAT. AND SHE SAID TO ME, WHERE'S -- WHERE'S THE SCIENCE IN THAT?

SO I UNDERSTAND YOUR POSITION, AND I WILL CERTAINLY

FOLLOW UP ON THAT AND I WILL LET FINGER LAKES RACING KNOW THAT THERE

ARE NO CHANGES IF THIS LAW DOES PASS, AND WE'LL CONTINUE ON WITH

BUSINESS. MY SECOND QUESTION IS IT IS BECOMING CLOSE TO GRADUATION

SEASON IN JUNE. RESTAURANTS AND CATERERS ARE BEING CALLED TO CATER

PARTIES AT HOMES FOR GRADUATIONS, HOME WEDDINGS, DIFFERENT FUNCTIONS

AT HOMES, BIRTHDAY PARTIES. THESE FOLKS NEED TO PREPARE FOR THIS STUFF,

THEY NEED TO HIRE STAFF, THEY NEED TO ORDER PRODUCT, THEY NEED TO MAKE

SURE THAT EVERYTHING IS IN COMPLIANCE WITH LOCAL HEALTH DEPARTMENTS.

SAME QUESTION I HAVE FOR THAT, WHAT DO I TELL THESE FOLKS THAT ARE TRYING

TO BOOK OUT SIX, EIGHT, TEN, 12 WEEKS AND GET THEIR BUSINESSES BACK ON

THEIR FEET AND THEY CAN'T DO IT; WILL THIS BILL CHANGE THINGS?

MR. ZEBROWSKI: I HOPE SO. I INTEND ALSO TO

UTILIZE THIS PROCESS TO ATTEMPT TO ASK QUESTIONS, SEEK GUIDANCE AND SEEK

THE DATA BUT, ALSO, TO BRING ISSUES UP THAT WE ANTICIPATE. I THINK THAT

THROUGHOUT THIS PANDEMIC, MY COLLEAGUES AND I, MANY OF WHOM I

WORKED WITH ON VARIOUS ISSUES, HAVE SEEN DOWN THE ROAD ISSUES AND

ATTEMPTED TO GET PROTOCOLS AND GUIDANCE. AND SOMETIMES IT'S NOT THAT

WE EVEN PARTICULARLY FELT LIKE THERE SHOULD BE NO PROTOCOLS, BUT THAT

SOMETIMES WE'RE ASKING FOR PROTOCOLS IN PARTICULAR, YOU KNOW, LIKE

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GIVE US THE PROTOCOLS SO PEOPLE CAN PLAN. OTHER TIMES, IT'S -- THERE'S

THIS PROHIBITIVE ACTIVITY, BUT WE BELIEVE THAT OTHER STATES HAVE SHOWN

THAT IT'S SAFE AND IT SHOULDN'T MAYBE BE BACK TO NORMAL LIKE 2019, BUT

WE THINK FROM THE EXPERIENCE OF OTHER STATES THAT YOU CAN CONDUCT THIS

ACTIVITY WITH SOME SAFE PROTOCOLS, GIVE THOSE PROTOCOLS. AND THEN

OTHER TIMES IT'S BEEN, YOU KNOW, WHETHER IT'S ELECTION LAW OR SCHOOL

ELECTIONS, YOU KNOW, BEFORE THAT WE'VE -- WE'VE HEARD FROM

CONSTITUENTS IN SCHOOL DISTRICTS AND ATTEMPTED TO INTERACT WITH THE

EXECUTIVE BRANCH OR THE RELEVANT AGENCIES TO PLAN FOR THAT, AND MAYBE

I, LIKE YOU AND MANY OF MY OTHER COLLEAGUES, HAVE BEEN FRUSTRATED IN

THAT PROCESS.

SO THIS IS AN ATTEMPT TO GIVE US THAT ABILITY TO FORMALLY

REQUEST ANSWERS, GUIDANCE, GET THE DATA, GET THE SCIENCE, AND I THINK

THAT'S A GREAT EXAMPLE OF SOMETHING THAT WE SHOULD ALL WORK TOGETHER

NOW IN MARCH SO THAT WE CAN, HOPEFULLY USING THESE FORMAL

PROCEDURES, PREPARE FOR JUNE, JULY, AUGUST, MAY.

MR. GALLAHAN: WELL, JUNE IS THE MONTH NOW

THAT'S VERY CRITICAL, AND NOW IS THE TIME THAT THEY NEED TO BE REACTING TO

THAT AND, QUITE FRANKLY, EVEN WITH YOUR EXPLANATION, I DON'T KNOW WHAT

TO TELL THEM. DO YOU HIRE THE STAFF NOW? DO YOU BRING THEM ON? DO

YOU ORDER YOUR PRODUCT? WHAT DO WE TELL THEM? I MEAN, I HATE TO GO

HOME WITHOUT ANSWERS. WHAT DO I TELL THEM?

MR. ZEBROWSKI: I WOULD TELL THEM THAT WE WILL

WORK AS QUICKLY AND EARNESTLY AS POSSIBLE SO THAT WE CAN GIVE THEM

GUIDANCE, EVEN THOUGH WE MAY NOT KNOW EXACTLY WHAT THE LANDSCAPE

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WILL BE THEN. GOD WILLING, WE'RE CONTINUING TO MOVE ON A PATH TOWARDS

VACCINATIONS AND LOWER INFECTION RATES IF THERE'S NO OTHER FORKS IN THE

ROAD OR TWIST AND TURNS THAT WE DON'T KNOW ABOUT. BUT, YOU KNOW, THAT

BEING SAID, WE'RE MOVING DOWN THAT ROAD AND WE ARE GOING TO ATTEMPT

TO FIGURE OUT AS QUICKLY AS POSSIBLE AND PUSH SO THAT WE HAVE SOME

GUIDANCE AS TO WHAT WE CAN PREDICT THAT WILL BE, AND SOME PROTOCOLS SO

THAT THEY CAN PROPERLY PLAN THEIR BUSINESS.

MR. GALLAHAN: THANK YOU. MY NEXT QUESTION IS

THE GOVERNOR HAS STATED THAT YOU CAN HAVE UP TO 150 FOLKS AT A

WEDDING, BUT YOU HAVE TO HAVE EITHER A TEST OR YOU HAVE TO HAVE A TEST

KIT AVAILABLE. WHO IS GOING TO PAY FOR THOSE TEST KITS THAT THOSE

RESTAURANTS IF, IN FACT, THEY DO HAVE 150 PEOPLE?

MR. ZEBROWSKI: I DON'T KNOW THAT I'VE SEEN

ANYTHING RELATED TO WHO IS PAYING FOR THE TEST KITS. THERE -- I DO

BELIEVE I REMEMBER WITH TEST KITS WITH THE NURSING HOMES THAT THEY

WOULD BE PAID FOR. I BELIEVE FOR SCHOOLS THERE'S AN OPPORTUNITY FOR THE

STATE TO PAY FOR TEST KITS, ALTHOUGH, YOU KNOW, I PUSHED FOR OTHER TEST

KITS AT TIMES. SO I DON'T HAVE THE ANSWER TO YOUR -- TO YOUR QUESTION. I

DON'T HAVE THE DIRECT ANSWER THERE.

MR. GALLAHAN: MY FINAL QUESTION IS I PERUSED

THE BILL AND I KNOW IT'S BEEN TALKED ABOUT EARLIER, BUT THERE ARE NO

PROVISIONS IN THERE ANYWHERE THAT STATES HOW THE MINORITY CONFERENCE

WILL BE NOTIFIED IF THERE ARE ANY CHANGES AND, QUITE FRANKLY, I HATE TO --

I HATE TO SIT DOWN AT THE 6:00 NEWS AND FIND OUT THAT THERE'S BEEN

CHANGES MADE OR HAVE MY CONSTITUENTS CALL ME AND THEY KNOW BEFORE I

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DO BECAUSE THEY MAY KNOW SOMEONE FROM THE OTHER SIDE. THAT'S A VERY

EMBARRASSING SITUATION TO BE IN. I AM VERY, VERY DISAPPOINTED THAT

THERE ARE NO PROVISIONS IN THIS BILL TO NOTIFY THE MINORITY BECAUSE, I

MEAN, IT'S GOING TO HAPPEN. THERE'S NO DOUBT IN MY MIND THAT I'M

GOING TO SIT DOWN AND WATCH THE NEWS AND SEE SOMETHING COME ACROSS

WHERE THERE'S BEEN A CHANGE OR SOMETHING'S HAPPENED PERTAINING TO

THIS BILL AND I'M GOING TO GET PHONE CALLS FROM CONSTITUENTS, AND IT'S NOT

GOOD. IT DOES NOT LOOK GOOD. IT'S NOT GOOD. I THINK IT'S -- I THINK IT'S A

BAD, BAD SITUATION TO BE IN AND I'D LIKE TO SEE YOU DO SOMETHING ABOUT

CHANGING THAT.

MR. ZEBROWSKI: SO WE HAVE THE FIVE-DAY NOTICE

AND THE PUBLIC POSTING REQUIREMENTS, SO I DON'T -- I THINK WITHIN THAT

CONTEXT, YOU WOULDN'T SIT DOWN AND SEE ON THE NEWS SOMETHING THAT

IMMEDIATELY HAPPENS, BUT I WOULD -- I WOULD ASK YOU TO HAVE -- THAT

WE HAD TO SET UP AN ORDINARILY PROCESS. WE SET UP AN ORDINARILY

PROCESS THROUGH THE COMMITTEE CHAIRS AND THE COMMITTEE PROCESS,

AND I WOULD ASK YOU TO HAVE SOME FAITH THAT THERE WILL BE SOME

INTERACTION BETWEEN THE MAJORITY AND THE MINORITY, QUITE FRANKLY, LIKE

THERE WILL BE BETWEEN THE MAJORITY AND THE MAJORITY, YOU KNOW, AS WE

-- AS THE INFORMATION COMES IN AND IT'S DISTRIBUTED NOT JUST TO THE

MINORITY, BUT TO THE OTHER MAJORITY MEMBERS.

MR. GALLAHAN: THANK YOU. THANK YOU FOR

ANSWERING MY QUESTIONS, I APPRECIATE IT.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER MAMDANI: ON THE BILL.

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MR. GALLAHAN: MR. SPEAKER, THIS LEGISLATION IS

NOTHING BUT A BAIT AND SWITCH, SMOKE AND MIRRORS. THIS ANNOUNCEMENT

IS AN ATTEMPT TO PULL THE WOOL OVER THE EYES OF THE LEGISLATURE AND OUR

CONSTITUENTS AND TRICK EVERYONE INTO BELIEVING THE LEGISLATURE IS FINALLY

GOING TO REMOVE THE GOVERNOR'S EMERGENCY POWERS. BUT WHEN YOU

ACTUALLY READ THE BILL, THAT'S NOT THE CASE. A YEAR AGO, THIS LEGISLATURE

GAVE THE GOVERNOR THESE EXTRAORDINARY EMERGENCY POWERS, AND HE TOOK

SOLE CONTROL OVER HOW OUR STATE HANDLED THE PANDEMIC. HE'S FAILED US

IN MANY WAYS, INCLUDING NURSING HOME DEATHS, ALLEGATIONS OF SEXUAL

HARASSMENT, AND JUST THIS MORNING, AN ARTICLE FROM THE WALL STREET

JOURNAL THAT I READ ABOUT AN ALTERED REPORT FROM HIS ADVISORS ON

NURSING HOME DEATH NUMBERS.

THE LEGISLATOR -- LEGISLATURE, I'M SORRY, IS SUPPOSED TO

BE A COEQUAL BRANCH OF GOVERNMENT TO THE EXECUTIVE, BUT FOR A YEAR

NOW, WE HAVE BEEN NOTHING CLOSE TO BEING EQUAL. THE LEGISLATURE HAS

INITIALLY AND LITERALLY BEEN ON THE SIDELINES DURING THIS ENTIRE PANDEMIC,

AND WATCHING FROM OUR HOMES AND OFFICES AS THE GOVERNOR ANNOUNCES

AT HIS PRESS CONFERENCES EXECUTIVE ORDER AFTER EXECUTIVE ORDER AFTER

EXECUTIVE ORDER. IS THIS HOW A COEQUAL BRANCH OF GOVERNMENT SHOULD

BE INFORMED OF EXECUTIVE ORDERS?

THE HEADLINES AND THE PRESS RELEASES ON THIS PIECE OF

LEGISLATION MIGHT TELL THAT WE'RE GOING AND VOTING TO END THE GOVERNOR'S

EMERGENCY POWERS, BUT THAT'S COMPLETELY FALSE. WHEN WE WAKE UP

TOMORROW MORNING, WE WILL NOT HAVE CHANGED ANYTHING EXCEPT THERE

WILL BE ABSOLUTELY NO FIRM DATE OR SUNSET ON THE GOVERNOR'S POWERS.

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CURRENTLY, HIS POWERS ARE SET TO EXPIRE ON APRIL 30TH OF THIS YEAR. THIS

BILL TOTALLY REMOVES THAT EXEMPTION DATE. WHEN A CONSTITUENT WHOSE

BUSINESS HAS BEEN IMPACTED BY THESE POWERS CALLS ME TO ASK WHAT DOES

THIS MEAN FOR MY BUSINESS? SADLY, I HAVE TO TELL THEM NOTHING EXCEPT

TO EXPECT THESE EXECUTIVE ORDERS TO LAST FOR A VERY LONG TIME.

WE MUST RESTORE CHECKS AND BALANCES TO OUR STATE,

AND THAT BEGINS WITH ACTUALLY REMOVING THE GOVERNOR'S EMERGENCY

POWERS AND RESTORING THE LEGISLATURE AS A COEQUAL BRANCH OF OUR

GOVERNMENT, NOT THIS PIECE OF LEGISLATION THAT WE'RE BEING SOLD A BILL OF

GOODS ON. A FULL REPEAL OF THE GOVERNOR'S POWERS IS NEITHER PARTISAN OR

POLITICAL, IT'S THE ONLY WAY TO RESTORE THE PROPER BALANCE OF COEQUAL

BRANCH OF GOVERNMENT, THE WAY IT WAS DESIGNED TO BE. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GONZ�LEZ-ROJAS.

MS. GONZ�LEZ-ROJAS: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL.

MS. GONZ�LEZ-ROJAS: I HAVE THOUGHT A LOT ABOUT

WHAT THIS ACTION MEANS TODAY. I HAVE BEEN CLEAR ABOUT WHAT MY

POSITION IS BECAUSE I BELIEVE NEW YORKERS DESERVE THE TRUTH AND THAT

THEY DESERVE LEADERS THAT GOVERN WITH TRANSPARENCY AND INTEGRITY. THIS

GOVERNOR HAS LIED TIME AND TIME AGAIN TO BENEFIT HIMSELF AND HIS

WEALTHY DONORS. HE HAS LIED ABOUT THOUSANDS OF NEW YORKERS WHO ARE

NO LONGER HERE WITH US. HE HAS SOUGHT TO COVER UP HIS TRACKS AND

THREATENED ONE OF OUR OWN COLLEAGUES AND REPEATEDLY ABUSES HIS

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POWER. AND WHILE SOME WANT TO MAKE THIS A PARTISAN ISSUE, I BELIEVE

THAT HONESTY, TRANSPARENCY AND RESPECT ARE SIMPLY WHAT WE SHOULD

EXPECT OF THE GOVERNOR OF OUR GREAT STATE. I BELIEVE LINDSEY BOYLAN,

CHARLOTTE BENNETT AND ANNA RUCH, I BELIEVE SURVIVORS AND I REPRESENT

THEM AS WELL. I DON'T BELIEVE THAT THIS GOVERNOR SHOULD REMAIN IN HIS

SEAT. I BELIEVE THAT HE HAS BETRAYED HIS OATH AND I BELIEVE HE IS NO

LONGER EFFECTIVE IN LEADING THIS STATE. I AM CONCERNED THAT HE WILL TRY

TO UNDERMINE THE INVESTMENT THAT IS UNDERWAY. AND I BELIEVE THAT HE

WILL CONTINUE TO UNDERMINE THIS LEGISLATURE AS WE APPROACH THE APRIL

1ST BUDGET DEADLINE AND WILL HARM THE VERY PEOPLE THAT I HAVE SWORN TO

SERVE AND REPRESENT. AND I CANNOT COMPARTMENTALIZE THESE ISSUES

BECAUSE HIS AGGRESSIVE TENDENCIES AND LEGALLY-SANCTIONED POWER ARE

EXACTLY WHY HE DOES WHAT HE DOES. SO THAT IS WHY I VOTED IN FAVOR OF

THE PREVIOUS AMENDMENT THAT WOULD HAVE FULLY REVOKED HIS EXPANDED

EMERGENCY POWERS. I ALSO KNOW THAT WE CANNOT SIMPLY STAND BY AND

DO NOTHING, AND THAT ANY MOVE TO CURTAIL THE POWER OF THIS GOVERNOR IS

A MOVE TOWARDS REBALANCING THE POWERS OF WHAT MUST BE COEQUAL

BRANCHES OF GOVERNMENT. I URGE YOU TO THINK CRITICALLY ABOUT WHAT THE

EXECUTIVE BRANCH SHOULD BE ALLOWED TO DO DURING THIS PANDEMIC AND

WHAT THE ROLE IS OF THIS BODY. OUR VOTE CANNOT BE SIMPLY SYMBOLIC

WHEN THE IMPLICATIONS OF OUR ACTION AND INACTION ARE VERY REAL. THIS

VOTE TODAY IS JUST ONE NECESSARY STEP TOWARDS ACCOUNTABILITY AND

REINING BACK HIS UNWIELDY EXPANDED POWERS. I HAVE PUBLICLY CALLED

FOR HIS RESIGNATION ALONGSIDE A ROBUST AND TRANSPARENT INVESTIGATION

LEAD BY THE ATTORNEY GENERAL, AND I BELIEVE IMPEACHMENT SHOULD NOT

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BE OFF THE TABLE.

I VOTE IN THE AFFIRMATIVE AND I LOOK FORWARD TO

ADDITIONAL STEPS TOWARDS FULL ACCOUNTABILITY AND JUSTICE. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. FAHY.

MS. FAHY: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

FAHY.

MS. FAHY: I -- I, TOO, AM RISING TO TALK ABOUT THIS

LEGISLATION. AND MAYBE I SHOULD START WITH WHERE I THINK MOST OF US

AGREE, AND THAT IS THAT THIS HAS PROBABLY BEEN THE MOST DIFFICULT YEAR OF

OUR LIVES, OR AT LEAST OF OUR POLITICAL LIVES, AND FULL OF HEARTBREAK AS

WELL AS FRUSTRATION ON MANY, MANY LEVELS. BUT THE PANDEMIC -- THE

PANDEMIC IS NOT ENDING TODAY, JUST THE EMERGENCY ORDERS. AND THIS IS

NOT TEXAS. SO, IF WE EVOKE -- IF WE HAD EVOKED ALL OF THE EMERGENCY

ORDERS TODAY IT WOULD BE ALMOST THE EQUIVALENT OF WHAT WAS DONE JUST A

FEW DAYS AGO BY THE TEXAS GOVERNOR. AND I DON'T SUPPORT THAT.

THANKFULLY, THAT'S NOT GOING TO HAPPEN. TODAY'S VOTE IS ABOUT

GOVERNING, NOT POLITICAL SPIN. WE DO HAVE AN OBLIGATION, A

CONSTITUTIONAL OBLIGATION TO PROTECT THE PUBLIC HEALTH. IF WE HAD HAD TO

DEBATE EVERY EXECUTIVE ORDER SINCE LAST YEAR, I THINK MORE LIVES WOULD

HAVE BEEN LOST BECAUSE BY DEFINITION WE ARE A DELIBERATIVE BODY. AND

IT'S BEEN HARD. IT'S BEEN REALLY HARD FOR MOST OF US. BUT WE HAVE TO

SEPARATE SOME OF THE ALLEGATIONS, THE MALFEASANCE AND OTHER ISSUES THAT

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HAVE BEEN IN THE PRESS AND PUBLIC FROM WHAT THE QUESTION IS AT HAND

TODAY AND THE BILL AT HAND TODAY. AND THERE ARE INVESTIGATIONS

UNDERWAY. WE'D LIKE ALL THOSE INVESTIGATIONS TO END TOMORROW, QUITE

FRANKLY, OR WRAP UP TOMORROW, OR GIVE US WHAT WE NEED TOMORROW.

BUT THAT'S NOT GOING TO HAPPEN. IN THE MEANTIME, WE HAVE TO ACT AS THE

DELIBERATIVE BODY WE ARE. THE LEGISLATION DOES RESCIND THE GOVERNOR'S

EMERGENCY POWERS. IT DOES REQUIRE ANY CHANGES TO COME BEFORE THE

LEGISLATURE. AND QUITE FRANKLY, I'VE HAD A FEW BILLS ON A NUMBER OF

THOSE ORDERS FOR THE LAST YEAR, SO I'M -- I'M QUITE ANXIOUS FOR US TO

LEGISLATE ON A NUMBER OF THOSE ORDERS. BUT THAT SAID, THAT WILL TAKE

TIME. TODAY IS JUST ABOUT MAKING THE IMMEDIATE CHANGE OF RESCINDING

THOSE POWERS AS WELL AS MAKING SURE THERE IS A VERY CLEAR PROCESS AND

REESTABLISHING THE FULL BALANCE OF POWERS GOING FORWARD. AGAIN, ON

FRUSTRATION, SINCE THE PANDEMIC I HAVE ISSUED DOZENS UPON DOZENS OF

PUBLIC STATEMENTS, I'VE HELD NUMEROUS PRESS EVENTS AND COUNTLESS

SIGN-ON LETTERS AS WELL AS PARTICIPATING IN ALL THE CALLS YOU'VE HEARD

REFERRED TO. WHETHER IT WAS REGARDING JOBS, SMALL BUSINESSES,

RESTAURANTS, RESTAURANTS, RESTAURANTS, CHILDCARE, SHOPPING MALL, GYMS,

FITNESS, MOVIE THEATERS, YOU NAME IT. AND THEN VACCINES, VACCINES,

VACCINES. COUNTLESS PRESS STATEMENTS AND -- AND WORKING WITH

COLLEAGUES TO GET THOSE CHANGES. AND BY THE WAY, WE DID ACHIEVE A

NUMBER OF CHANGES. BUT IT WAS FRUSTRATING. IT WAS EXTRAORDINARILY

FRUSTRATING. THIS WILL GIVE US MORE PROCEDURE -- THIS WILL ESTABLISH A

BETTER PROCESS GOING FORWARD. I THINK THERE IS SOME POLITICAL PLAYING,

POLITICS BEING PLAYED. I DO THINK WE NEED TO LET SOME INVESTIGATIONS GO

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FORWARD. IN THE MEANTIME, WHILE WE STARTED WORKING ON THIS WEEKS

AGO, AND I -- MANY OF US CALLED FOR THIS MONTHS AGO, WERE ANXIOUS TO

COME BACK INTO SESSION SO THAT WE COULD REBALANCE THE BALANCE OF

POWER IN THE STATE. WE STILL NEED TO HAVE A PROCESS GOING FORWARD. I

THINK, AS THE SPONSOR HAS REPEATEDLY SAID TODAY, IT'S NOT THE -- THE

PERFECT BILL, ALTHOUGH I'VE RARELY VOTED ON MAJOR LEGISLATION THAT IS

PERFECT. BUT IT DOES REBALANCE THE POWERS, IT DOES GIVE US THE ABILITY

GOING FORWARD TO MAKE CHANGES AND I LOOK FORWARD TO LEGISLATING A

NUMBER OF THOSE CHANGES.

AND WITH THAT, MR. SPEAKER, I WANT TO COMMEND THE

SPEAKER, I WANT TO COMMEND THE SPONSOR AND I WANT TO COMMEND SO

MANY OF MY COLLEAGUES. MANY OF US WOULD LIKE TO SEE A LOT MORE

GOING ON TODAY. WE'D LIKE TO SEE THESE INVESTIGATIONS DONE, AND EACH

DAY IT SEEMS THERE'S -- THERE'S NEW INCREDIBLY DISTURBING NEWS. BUT IN

THE MEANTIME WE HAVE TO ACT LIKE THE DELIBERATIVE BODY WE ARE. AND

WITH THAT, I VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER. OR I

PLAN TO VOTE IN THE AFFIRMATIVE. SORRY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: RIGHT. YOU WERE ON

THE BILL.

MS. FAHY: YES. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH, MS. FAHY.

MS. HYNDMAN.

MS. HYNDMAN: THANK YOU, MR. SPEAKER.

ON THE BILL.

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

MS. HYNDMAN: I WOULD HAVE BEEN ON THE FLOOR

TODAY BUT I HAD TO ATTEND VIRTUALLY THE DEATH OF A GREAT FRIEND WHO DIED

FROM COVID AND NOW WE -- AND THE FAMILY PUT HIM TO REST. NOW, HE

WAS LIVING FINE WITH HIS COMORBIDITIES, HE TOOK CARE OF HIMSELF, HE HAD

HIS DOCTOR VISITS, HE TOOK HIS APPOINTMENTS. BUT AS AN ESSENTIAL WORKER

HE CAUGHT COVID AT WORK. HE CAUGHT COVID WHILE MAKING SURE THAT

PEOPLE COULD VOTE IN THE BOROUGH OF QUEENS BECAUSE WE HAD TWO

SPECIAL ELECTIONS. SO HE HAD TO MAKE SURE THE MACHINES WERE

FUNCTIONAL SO THAT WE COULD CONDUCT THE ELECTIONS, AND FOR THAT, HE'S NO

LONGER HERE. AND HE HAS LEFT A HOLE IN HIS COMMUNITY. IN QUEENS,

WHICH WAS ONE OF THE EPICENTERS FOR COVID FOR THIS PANDEMIC, IT'S STILL

DEALING WITH EMERGENCY ISSUES BECAUSE WE HAD TO OPEN UP A SITE,

THROUGH THE EXECUTIVE BRANCH, SO THAT VACCINATIONS COULD BE GIVEN TO

UNDERSERVED COMMUNITIES. OVER 3,000 VACCINATIONS ARE GIVEN A DAY.

NOW, WHILE I'M NOT JUSTIFYING THE EXECUTIVE POWERS THAT WE VOTED FOR

A YEAR AGO, I DO SEE IN SOME PLACES WHY IT WAS NECESSARY. NONE OF US

KNEW EXACTLY WHAT WAS HAPPENING A YEAR AGO. WE WERE ALL DOING

CONFERENCE AND -- AND SESSION REMOTELY. OUR CHILDREN WERE REMOTE

LEARNING AND IN SOME CASES, LIKE FOR ME, MY CHILD IS STILL REMOTE

LEARNING, AND IT WAS DIFFICULT TO KNOW EXACTLY HOW WE WERE NAVIGATING

THROUGH THIS. WE WERE -- WE WERE -- I WAS BOMBARDED WITH NEWS OF

DEATHS EVERY DAY. CONSTITUENTS WERE DYING. CONSTITUENTS COULD NOT

BURY LOVED ONES. WE HAD REQUESTS FOR BURIALS. IT DIDN'T MATTER WHAT

THE FAITH IT WAS, MUSLIM, JEWISH, CHRISTIAN, ALL THE HOSPITALS, THE

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MORGUES WERE INUNDATED. THE HOSPITALS WERE PILING UP BODIES,

NURSING HOMES WERE LEAVING BODIES IN AIR-CONDITIONED ROOMS. YOU

COULDN'T BURY SOMEONE, YOU COULDN'T CREMATE SOMEONE. IT WAS -- EVEN

I HAD FRUSTRATIONS TRYING TO REACH THE GOVERNOR'S OFFICE TO TRY TO GET

INFORMATION ON HOW TO MAKE SURE, YOU KNOW, COMMUNITIES COULD BURY

THEIR LOVED ONES. AND THAT IT DIDN'T MATTER. WE -- I HAVE -- THE GRAND

REBBI IS BURIED IN MY DISTRICT AND WE COULDN'T EVEN HAVE THE

ANNIVERSARY THAT HAPPENS EVERY YEAR BECAUSE THAT WAS CURTAILED. THAT

WAS PUSHED BACK. SO WHILE WE ARE DOING OUR LEVEL BEST TO PUSH BACK

THESE EMERGENCY POWERS NOW, JUST REMEMBER WHERE -- WHERE IT CAME

FROM, AND THIS WAS THE PANDEMIC. AND I'M THINKING ON THE FEDERAL

LEVEL WHEN THE OPPORTUNITIES WERE THERE FOR LEADERSHIP, FOR TRUTH, FOR

FAIRNESS, THAT DIDN'T OCCUR. WHEN SOMEONE IN A LEADERSHIP TELLS YOU,

LIKE, DRINKING BLEACH CAN HELP YOU, I THINK COMMON SENSE AND SCIENCE

IS WHAT WE SHOULD HAVE RELIED ON DURING THIS TIME. AND IF YOU LOOK AT

WHAT HAPPENED WITH THE FLU, THE NUMBERS OF THE FLU WERE SO LOW

BECAUSE PEOPLE WERE WASHING THEIR HANDS, SOCIAL DISTANCING AND

WEARING MASKS.

SO, I THANK THE COSPONSOR TODAY FOR ASK -- FOR

ANSWERING ALL OF THESE QUESTIONS, THE INTRICACIES OF THESE QUESTIONS, THE

-- THE WORK THAT HE HAS DONE TO MAKE SURE THAT WE GOT TO A POINT -- YOU

-- I BELIEVE YOU HAD GIVEN US THREE VERSIONS IN CONFERENCE, AND THIS

WAS THE VERSION THAT MOST OF US COULD GET BEHIND AND SAY, YES, THIS IS

WHAT WE COULD VOTE FOR TO MAKE SURE THAT WE PUSH BACK NOW AS MAYBE

THINGS ARE LIFTED. SO FOR THOSE WHO WERE TALKING ABOUT A LIGHT AT THE

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END OF THE TUNNEL, WELL, DOWN HERE IN NEW YORK CITY IN MY -- IN THE

BOROUGH OF QUEENS AND SOUTHEAST QUEENS WHERE I REPRESENT, WE'RE

STILL BURYING LOVED ONES FROM COVID. WE'RE STILL HAVING ISSUES OF

PEOPLE GETTING APPOINTMENTS FOR THE VACCINATION. SO WE'RE STILL IN

EMERGENCY SITUATIONS IN HERE. AND I JUST PRAY THAT WHEN WE ALL TALK

ABOUT PUSHING BACK WE'RE ALL READY TO DO THE CONFERENCING AND DO THE

WORK AND SHOW UP FOR SESSION WHEN IT COMES FOR VOTING ON THESE BILLS.

VOTING -- I'M SORRY, VOTING TO PUSH BACK ON THESE POWERS. BECAUSE IT'S

EASY TO TALK ABOUT IT, BUT IT'S NOT ALWAYS EASY TO DO THE WALK AND DO THE

WORK THAT'S NECESSARY.

SO, WHEN THIS BILL COMES UP FOR A VOTE, I WILL BE

VOTING YES. BUT ALL OF US -- I KNOW -- I KNOW WHEN WE GO BACK TO OUR

HOME DISTRICTS WE DO HAVE TO DO EXPLAINING. BUT WHAT OUR CONSTITUENTS

WANT TO KNOW MOST IS, DO THEY SEE US? ARE WE WORKING? ARE WE

MAKING SURE THAT WE'RE GETTING THEIR NEEDS ADDRESSED? AND I HAVE TWO

DAUGHTERS THAT ARE GRADUATING THIS YEAR. BUT I WOULD RATHER THEY BE

SAFE AND SOCIAL DISTANCE AND BE HEALTHY THAN BEING -- BEING ANOTHER

EVENT WHERE IT COULD TURN INTO A SUPERSPREADER EVENT. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

HYNDMAN.

MR. ASHBY.

MR. ASHBY: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

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YOU YIELD?

MR. ZEBROWSKI: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI IS

WILLING TO YIELD.

MR. ASHBY: THANK YOU. DO YOU THINK THAT THE

GENERAL AIM OF THIS LEGISLATION IS TO CONSTRAIN THE GOVERNOR?

MR. ZEBROWSKI: IF I HAD TO ARTICULATE A GENERAL

AIM, IT WOULD BE CLOSER TO WHAT I STARTED WITH. I THINK THIS IS AN

ATTEMPT TO BALANCE WHAT IS STILL A PUBLIC HEALTH CRISIS, TO DEAL WITH

EXISTING DIRECTIVES THAT ARE ON THE BOOKS IN AN ORDERLY PROCESS, AND TO

REVOKE THE ABILITY FOR THE GOVERNOR TO ISSUE ANY NEW DIRECTIVES. AND IT

DOES A FEW OTHER THINGS I HAD MENTIONED EARLIER IN TERMS OF DEALING

WITH MUNICIPALITIES AND THEIR EXECUTIVE ORDERS AND POSTING AND THINGS

LIKE THAT. SO, THAT'S -- THAT'S HOW I WOULD DESCRIBE IT. IT'S AN ATTEMPT TO

AUGMENT, REESTABLISH, IN SOME CASES ESTABLISH IN OTHERS LEGISLATIVE,

PUBLIC AND MUNICIPAL INPUT.

MR. ASHBY: DO YOU THINK EVEN A MODEST EFFORT TO

REPEAL SOME EXECUTIVE ORDERS WOULD NOT ONLY RESTRAIN THE EXECUTIVE

AND EMPOWER OUR CONSTITUENTS?

MR. ZEBROWSKI: AS I SAID EARLIER, I DO ENVISION A

PROCESS BY WHICH MANY MEMBERS, PROBABLY ON BOTH SIDES OF THE AISLE,

WILL BE CRITICALLY REVIEWING THE EXECUTIVE DIRECTIVES THAT EXIST

CURRENTLY AND POSSIBLY REVOKING THEM WITHIN OUR POWERS IN THIS

LEGISLATION.

MR. ASHBY: AND WE HAVE THAT POWER RIGHT NOW, DO

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WE NOT?

MR. ZEBROWSKI: YES, WE ARE RETAINING THAT POWER

IN THIS LEGISLATION, ALBEIT I BELIEVE IN A -- WITHIN A PROCESS BY WHICH IT

WILL BE MORE LIKELY FOR US TO -- TO CONFIDENTLY, EFFECTIVELY AND

EFFICIENTLY EXECUTE THAT POWER.

MR. ASHBY: AND WE'VE HAD A YEAR TO DEMONSTRATE

THAT POWER. WHY DO YOU -- WHY DO WE NOT SEE ANY OF THESE NUMEROUS

EXECUTIVE ORDERS THAT HAVE BEEN WRITTEN OVER THE LAST YEAR IN THIS

LEGISLATION TO BE REPEALED? I MEAN, THERE'S BEEN -- WE'VE TALKED ABOUT

NUMEROUS EXAMPLES, YOU KNOW, THROUGHOUT -- THROUGHOUT TODAY AND I

THINK THAT THERE'S A LOT OF CONSENSUS AMONG US THAT THEY COULD BE

REPEALED. WHY DON'T WE EVEN SEE THAT DONE IN THIS LEGISLATION?

MR. ZEBROWSKI: I THINK WE DISCUSSED EXAMPLES

BY WHICH WE COULD COME TO AN AGREEMENT EITHER WITHIN OUR INDIVIDUAL

CONFERENCES OR CROSS CONFERENCES. YOU KNOW, AS A BODY AS A WHOLE, IN

CONJUNCTION WITH PEOPLE IN OUR DISTRICTS WHERE WE QUESTION SOME OF

THESE EXECUTIVE ORDER DIRECTIVES. WE'D LIKE TO SEE THE SCIENCE. WE'D

LIKE TO SEE THE DATA. AND PENDING THAT, ASSUMING THAT THEY -- AND SOME

OF THESE ARE NO LONGER EFFECTIVE EITHER IN THEIR CURRENT FORM AS A WHOLE

OR PERHAPS IN OTHER FORM THAT WE WOULD AND COULD AND SHOULD REVOKE

THEM. I'M NOT SURE THAT THERE WAS A SPECIFIC DIRECTIVE THAT WAS TALKED

ABOUT TODAY THAT THERE WAS, YOU KNOW, CONSENSUS AMONGST THE BODY

THAT THAT DIRECTIVE IS DEFINITELY SOMETHING RIGHT NOW THAT, YOU KNOW, 76

MEMBERS OF THE ASSEMBLY AGREE ON. OBVIOUSLY, YOU AND I COULDN'T

EVEN COME TO THAT CONCLUSION RIGHT NOW. IT'S JUST -- WE'RE JUST TWO

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MEMBERS DEBATING THE BILL.

MR. ASHBY: WELL, MAYBE I'M A LITTLE BIT MORE

OPTIMISTIC.

MR. ZEBROWSKI: WELL, I -- NO, I --

MR. ASHBY: I THINK THAT -- I THINK THIS BODY COULD

COME TO A CONSENSUS ON SEVERAL OF --

MR. ZEBROWSKI: SO DO I.

MR. ASHBY: -- EXECUTIVE ORDERS OUT THERE. AND I

-- I THINK IT WOULD BE A GOOD OPPORTUNITY TO DO SO THROUGH THIS

LEGISLATION --

MR. ZEBROWSKI: SO --

MR. ASHBY: I'M JUST -- I'M WONDERING WHY THAT

ATTEMPT OVER THE LAST YEAR HAS NEVER BEEN MADE. AND WE HAD -- AND

WE HAVE THE ABILITY TO DO SO RIGHT NOW THROUGH THIS LEGISLATION, AND YET

IT'S NOT BEING DONE.

MR. ZEBROWSKI: SO DO I BELIEVE THAT WE COULD

COME TO A CONSENSUS. WHAT -- WHAT I SAID WAS I'M NOT SURE THAT THERE

WAS SOMETHING PRESENTED TODAY. IF YOU ASK WHY, I MEAN, YOU'RE JUST

ASKING ME TO SPECULATE OVER THE COURSE OF THE YEAR, BUT IF I HAD TO GIVE

A GENERIC RESPONSE THAT DOESN'T DEAL SPECIFICALLY WITH ANY ONE

EXECUTIVE ORDER, I WOULD THINK IT WOULD BE THE REASON THAT MANY OF

MY COLLEAGUES THAT HAVE SPOKEN TODAY HAVE SAID, THAT PEOPLE IN THEIR

DISTRICTS HAVE DIED, ARE DYING AND WILL DIE. AND WHILE THEY MAY NOT

AGREE WITH EVERY PART OF A DIRECTIVE, THEY MAY QUESTION ITS RATIONALE,

THEY MAY QUESTION WHAT DATA IT'S TIED TO. I'M NOT SURE THAT ABSENT THAT

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DATA THAT A LOT OF LEGISLATORS FELT THAT THEY COULD PUT FORTH A RESOLUTION

AND HAD ALL THE INFORMATION NECESSARY TO EXPLAIN TO 76 MEMBERS, GET

RID OF THIS RIGHT NOW AND IT WON'T RESULT IN THE SPREAD OF COVID AND

POSSIBLY EVEN, YOU KNOW, A DOZEN, TWO DOZEN, HUNDREDS OF PEOPLE

DYING. YOU KNOW, I THINK THAT THERE'S A DESIRE TO BE DELIBERATIVE IN THAT

PROCESS.

MR. ASHBY: I AGREE. I THINK THERE IS A DESIRE, AND

AGAIN, I THINK YOU UNDERESTIMATE THE RESOURCEFULNESS OF THE MEMBERS

HERE.

MR. ZEBROWSKI: NO, I DON'T.

MR. ASHBY: I THINK WE -- I THINK WE -- I THINK WE

CERTAINLY COULD COME TO THAT CONSENSUS AND HAVE THE OPPORTUNITY TO

COME TO THAT CONSENSUS THROUGH THIS LEGISLATION, AND IT'S DISAPPOINTING

TO SEE THAT, YOU KNOW, WE CAN'T DO THAT TODAY. BECAUSE I THINK THERE'S

GOING TO BE A LOT OF DISAPPOINTED CITIZENS THROUGHOUT THE STATE,

WONDERING WHY THESE EXECUTIVE ORDERS REMAIN IN PLACE AFTER WE'RE

PASSING A BILL THAT SAYS WE'RE TERMINATING THEM. AND I KNOW THAT -- I

KNOW THAT WE'VE BEEN OVER THAT, YOU KNOW, THROUGHOUT -- THROUGHOUT

THIS DEBATE. AND I'M GRATEFUL, YOU KNOW, NUMBER ONE, THAT YOU'RE

WILLING TO GET UP HERE AND DEFEND THIS AND PROVIDE, YOU KNOW,

SUBSTANTIVE DEBATE ON THIS AND I APPRECIATE THAT.

MR. SPEAKER, ON THE BILL. YOU KNOW, I'VE HEARD FROM

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. ZEBROWSKI: IF MR. ASHBY WOULD JUST YIELD

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FOR 15 SECONDS SO I CAN ASK A QUESTION.

ACTING SPEAKER AUBRY: MR. ASHBY, WILL YOU

YIELD?

MR. ASHBY: FIFTEEN SECONDS.

MR. ZEBROWSKI: ALL RIGHT. START THE TIMER, MR.

SPEAKER.

MR. ASHBY, BUT I -- I WOULD JUST ASK, YOU -- YOU KNOW,

YOU TALKED ABOUT A DELIBERATIVE PROCESS WHERE WE IDENTIFY THINGS TO

CANCEL, BUT A LOT OF THE DISAGREEMENT TODAY WAS ON AN AMENDMENT THAT

WOULD HAVE WHOLESALE CANCELED EVERYTHING. SO, I BELIEVE THIS DOES GO

THROUGH THAT PROCESS.

MR. ASHBY: I'M GOING TO -- MR. SPEAKER, I -- WITH

YOUR PERMISSION, I'M GOING TO GO OVER THE 15 SECONDS.

MR. ZEBROWSKI: OH, IT'S YOUR TIME.

(LAUGHTER)

ACTING SPEAKER AUBRY: SIR -- MR. -- YOU

ESTABLISHED YOUR OWN TIME LIMIT, SO THEREFORE --

MR. ASHBY: I --

ACTING SPEAKER AUBRY: -- YOU STILL HAVE TIME

ON THE CLOCK.

MR. ASHBY: I APPRECIATE -- I APPRECIATE THAT POINT.

AND, YOU KNOW, I THINK THAT WE'VE HAD A YEAR TO DO THIS, THOUGH. AN

ENTIRE YEAR AT THIS POINT. AND THAT'S A LONG -- THAT'S A LONG TIME. AND

FOR US NOT TO HAVE ANYTHING IN MIND AT THIS POINT TO REPEAL THROUGH THIS

LEGISLATION, I THINK IT'S DERELICT ON -- ON A LOT OF US. AND I THINK WE

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NEED TO CONSIDER THAT. IN TERMS OF THE FULL REPEAL, I KNOW THAT THAT WAS

THE AMENDMENT AND IT MAY BE PERTINENT STILL TO THIS DISCUSSION RIGHT

NOW. I CAN UNDERSTAND THE RELUCTANCE OR THE CONCERNS FOR THE

IMMEDIACY OF THAT, AND I THINK THERE MAY BE SOME VALID CONCERNS WITH

SOME OF THE EXECUTIVE ORDERS IN THERE THAT HAD BEEN PREVIOUSLY

MENTIONED. AND IF THAT WERE THE CASE, WHY NOT LET THEM EXPIRE IN SIX

WEEKS? WHY NOT LOOK AT THE PROVISIONS WE CAN PUT IN PLACE AND THE

PREPARATIONS WE COULD ENACT TO MAKE SURE THAT THERE IS A -- A SMOOTHER

TRANSITION AND OUTLINE PERHAPS THE ONES, HEY, MAYBE WE SHOULD BE

LEAVING THESE IN PLACE. WHY NOT DO THAT?

MR. ZEBROWSKI: BECAUSE WE THINK IT WOULD BE

MORE ORDERLY TO SORT OF DO THAT ONE BY ONE BECAUSE SOME OF THESE - AS I

TALKED ABOUT EARLIER, I JUST PICKED REMOTE NOTARIZATION - I THINK WILL

REQUIRE A ROBUST LEGISLATIVE DIALOGUE. SO I THINK IT'S MORE ORDERLY FOR

US TO -- TO AFFIRMATIVELY REVOKE THAN SORT OF REVOKE EN MASSE AND THEN

ATTEMPT TO PUT BACK.

MR. ASHBY: AGAIN, THAT'S -- THOSE -- THOSE ARE

THINGS THAT WE COULD DO OVER THE NEXT SIX WEEKS AND COULD HAVE BEEN

DOING OVER THE LAST YEAR. I THINK WE'RE -- I THINK WE'RE IN AGREEMENT ON

THAT.

THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. ASHBY: YOU KNOW, AS I HAD STATED EARLIER

WHEN WE BROUGHT UP THE PREVIOUS AMENDMENT, I THINK THIS IS -- WE'RE

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GOING IN THE WRONG DIRECTION. I UNDERSTAND THAT SOME OF MY COLLEAGUES

MAY BELIEVE THAT WE ARE TAKING A STEP IN THE RIGHT DIRECTION. BUT WHEN

WE LOOK AT WHAT THIS BILL ACTUALLY DOES AND HOW IT CONTINUES TO PROVIDE,

AND REALLY ENUMERATES A PATH FORWARD FOR THIS EXECUTIVE TO REMAIN IN

CONTROL, IT RAISES A LOT OF CONCERNS. AND FOR THAT, I WILL BE VOTING IN THE

NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. ANGELINO.

MR. ANGELINO: MR. SPEAKER.

ACTING SPEAKER AUBRY: YES, SIR.

MR. ANGELINO: GIVING THE GENTLEMAN FROM THE

96TH DISTRICT CONTINUED RESPITE, I WILL SPEAK ON THE BILL.

MR. ZEBROWSKI: I'M SORRY, HE ASKED -- DID THE

MEMBER ASK TO YIELD?

ACTING SPEAKER AUBRY: I BELIEVE HE'S ASKING

YOU TO YIELD.

MR. ZEBROWSKI: OH, ABSOLUTELY, I'LL YIELD.

MR. ANGELINO: I -- I OFFERED TO GIVE THE

GENTLEMAN FROM THE 96TH DISTRICT CONTINUED RESPITE, SO PLEASE. I'LL

SPEAK ON THE BILL.

MR. ZEBROWSKI: OH, OH, OH. THANK YOU, SIR.

MR. ANGELINO: YES, SIR.

ACTING SPEAKER AUBRY: OH. GO RIGHT AHEAD.

MR. ANGELINO: FAITH, TRUST AND CONFIDENCE. THIS

WAS ON OUR CONSTITUENTS' MINDS WHEN THEY SENT US HERE TO REPRESENT

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THEM. AND NOW THAT I'M HERE LISTENING TO MY CONSTITUENTS, I CAN ADD

HOPE THAT IS ALSO ON THEIR MINDS. NOW, I WASN'T A MEMBER OF THIS BODY

LAST YEAR, SO I'M NOT GOING TO ATTEMPT TO MONDAY MORNING QUARTERBACK.

BUT KNOW THAT I APPRECIATE WHAT YOU DID IN THE FACE OF AN UNKNOWN

CHALLENGE. BUT, IN THE SHORT TIME THAT I HAVE BEEN A MEMBER OF THIS

ASSEMBLY, THERE HAVE BEEN WEEKLY, AND NOW NEAR DAILY REVELATIONS

ABOUT THE EXECUTIVE'S UNPROFESSIONAL PERSONAL AND PROFESSIONAL

CONDUCT THAT HAS CAUSED ME TO LOSE THOSE IMPORTANT EMOTIONAL AND ALSO

RATIONAL FEELINGS OF FAITH, TRUST AND CONFIDENCE IN HIS ABILITIES. AND

THESE ARE GOING TO BE LOST GOING FORWARD UNDER THIS LEGISLATION. AND

THE FUTURE OF GOVERNING OF OUR STATE IS ALSO GOING TO BE LOST WITH THOSE

EMOTIONS. I CANNOT SUPPORT GIVING THE GOVERNOR ANY FURTHER AUTHORITY

MANAGING THIS PANDEMIC ALONE, AND ALSO WITH HIS STAFF.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

ANGELINO.

MS. BICHOTTE HERMELYN.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER. ON THE BILL. I WANT TO FIRST THANK THE COSPONSOR OF THIS BILL

AND FOR MY COLLEAGUE WHO HAS TAKEN THE LEAD IN EXPLAINING TO US THE

IMPORTANCE OF REVOKING THE EMERGENCY POWERS THAT WERE GRANTED TO THE

GOVERNOR AT THE START OF THE PANDEMIC. THIS WEEK WE PASSED THE TRAGIC

ONE-YEAR ANNIVERSARY OF THE FIRST CONFIRMED CASE OF CORONAVIRUS HERE IN

AMERICA. OUR PATIENT ZERO WAS DISCOVERED RIGHT HERE IN NEW YORK,

ALTHOUGH WE KNOW -- ALTHOUGH WE KNOW -- WE NOW KNOW THE VIRUS

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MAY HAVE BEEN LURKING UNDISCOVERED EVEN EARLIER. A YEAR AGO TODAY

WITH THE FEDERAL GOVERNMENT IN DISARRAY AND WITH LIMITED GUIDANCE,

WE KNEW WE NEEDED TO ACT QUICKLY. ALTHOUGH WE HAD NO IDEA HOW

LONG WE WOULD FACE THE INVISIBLE OPPONENT, THAT IS, THE CORONAVIRUS, WE

UNDERSTOOD THAT OUR ACTIONS WERE A MATTER OF LIFE AND DEATH FOR

EVERYONE WE KNEW AND LOVE. WE HAD THE ENORMOUS RESPONSIBILITY OF

MAKING DECISIONS AND PASSING LAWS THAT HAD THE POWER TO SAVE LIVES.

MY COLLEAGUES AND I IN THE STATE LEGISLATURES EXPANDED EXECUTIVE

POWERS RELATED TO THE COVID-19 PANDEMIC IN ORDER TO COMBAT THE

SPREAD OF THE VIRUS AND PROTECT THE HEALTH AND SAFETY OF NEW YORKERS.

UNDER THIS LEGISLATION, THE GOVERNOR WILL NO LONGER BE ABLE TO ISSUE

NEW EXECUTIVE DIRECTIVES. TODAY, WE MUST PUT POLITICS ASIDE AND ASK

OURSELVES, WHAT IS BEST FOR THE PEOPLE? BILL A.5967, WHICH I AM A

COSPONSOR OF, RESTORES THE BALANCE OF POWER. IT IS NOT ONLY -- IT DOES

NOT ALLOW THE GOVERNOR TO ISSUE NEW DIRECTIVES, AND PERMITS THE

LEGISLATURE -- LEGISLATURE TO REPEAL A STATE OF EMERGENCY AT ANY TIME.

THE GOVERNOR, UNDER THIS BILL, WILL NOW REQUIRE A VOTE OF THE STATE

LEGISLATURE BEFORE MAKING ANY NEW DIRECTIVES. THAT INCLUDES

DIRECTIVES LIKE LOCKDOWNS. IT ALSO ORDERED THAT KEEP US SAFE, LIKE THE

STATEWIDE MASK MANDATE TO REMAIN IN PLACE. THIS BILL TAKES POWER

BACK FROM THE EXECUTIVE AND PUT IT IN THE HANDS OF A LOCAL (INAUDIBLE).

THIS BILL EMBRACES THE SYSTEM OF CHECKS AND BALANCES THAT MAKES

AMERICA'S DEMOCRACY SO SUCCESSFUL. OUR ECONOMY IS IN A BAD STATE.

NEW YORK'S SMALL AND MINORITY BUSINESS OWNERS HAVE BEEN

DISPROPORTIONATELY HARD HIT BY THE LOCKDOWN AFTER LOCKDOWN. PARENTS

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AND TEACHERS ALREADY FACING A SEGREGATED SCHOOL SYSTEM HAVE BEEN

SEVERELY IMPACTED BY THE UNPREDICTABLE CLOSINGS AND OPENINGS OF

SCHOOLS. WE KNOW THIS BECAUSE WOMEN ARE LEAVING THE WORKFORCE AT

UNPRECEDENTED RATES. THEY ARE CHOOSING BETWEEN THEIR JOBS AND THEIR

CHILDREN'S EDUCATION. DURING THE EARLY DAYS OF THE PANDEMIC WE

CLAPPED EVERY NIGHT FOR OUR HEROES, NEW YORK'S FRONTLINE ESSENTIAL

WORKERS. WE NEED TO CONTINUE TO HONOR THEM NOW, BUT BY ENSURING

THAT THEY HAVE ACCESS TO HEALTHCARE AND FAIR WORKING CONDITIONS. THE

VIRUS IS NOT YET BEHIND US. BUT WITH 16 PERCENT OF NEW YORKERS AT

LEAST PARTIALLY VACCINATED AND WITH THE STEADY REDUCTION IN CASES, WE

ARE FINALLY ABLE TO SEE A LIGHT AT THE END OF THE TUNNEL. IT IS WITHOUT A

DOUBT THAT TODAY WE MUST REVOKE THOSE POWERS AND REVERT TO THE

BALANCE THAT OUR CONSTITUTION CALLS FOR, PUTTING MORE CONTROL IN THE

HANDS OF LOCAL GOVERNMENT. WE MUST GOVERN AS THE PEOPLE ELECTED US

TO GOVERN. AND IS OUR CONSTITUTIONAL -- AND THAT IS OUR CONSTITUTIONAL

RESPONSIBILITY. OUR NEXT CHALLENGE IS PERHAPS OUR GREATEST YET AS

LEGISLATORS. WE ARE TASKED NOW WITH SALVAGING THE RUINS OF OUR

ECONOMY AND LIFTING UP OUR WORKERS, OUR MOM-AND-POP BUSINESSES AND

OUR PLACES OF WORSHIPS. WE ARE TASKED WITH KEEPING FAMILIES IN THEIR

HOMES AND MAKING SURE EVERY CHILD RECEIVES AN EDUCATION DESPITE THE

OBSTACLES WE FACE. AND WE MUST MAKE SURE THAT WE MEET THESE

CHALLENGES USING THE GUIDANCE OF PUBLIC HEALTH, PROFESSIONAL AND IN

PARTNERSHIP WITH THE FEDERAL GOVERNMENT UNDER THIS NEW

ADMINISTRATION WHO ARE BRINGING US MORE RESOURCES. WE MUST MEET

THIS NEXT CHALLENGE HEAD ON. THAT'S WHY I'M CALLING ON ALL MY

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COLLEAGUES TO JOIN ME TODAY IN REPEALING THE EMERGENCY POWERS

GRANTED TO THE GOVERNOR.

THANK YOU, MR. SPEAKER. I WILL BE AFFIRMING MY VOTE

FOR THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MR. MCDONALD.

MR. MCDONALD: THANK YOU, MR. SPEAKER.

AND ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MCDONALD: I WANT TO COMMEND NOT ONLY THE

SPEAKER, BUT ALSO MR. ZEBROWSKI FOR DOING AN EXCELLENT JOB TODAY

EXPLAINING THIS BILL. WE ALL KNOW THAT THIS HAS BEEN AN INSURMOUNTABLE

HEALTHCARE CRISIS THAT WE'RE ALL TRYING TO ENDURE THROUGH. AND I SHARE

THE COLLECTIVE FRUSTRATION OF MANY OF MY COLLEAGUES. IT'S BEEN A VERY

DIFFICULT TIME FOR US TO GET ANSWERS, BUT MORE IMPORTANTLY, FOR THOSE

PEOPLE WE SERVE. TO GIVE THEM THE ANSWERS AND TO GIVE THEM SOME

HOPE AND SOME DIRECTION. AND INEVITABLY, WHEN LOOKING AT THIS

REVOCATION OR PULLING BACK ON SOME OF THESE EMERGENCY ORDER POWERS,

IT'S CLEAR THERE'S NO PERFECT SOLUTION BY ANY STRETCH OF THE IMAGINATION.

AND THEREFORE, WE HAVE TO FIND SOMETHING THAT'S GOING TO WORK. BUT I

HAVE TO SAY THIS AS ONE OF THE FEW HEALTHCARE PROFESSIONALS IN THE

LEGISLATURE. SOME OF THE DISCUSSION GOING ON TODAY ABOUT A TOTAL

REVOCATION IMMEDIATELY CONCERNS ME IF YOU'RE SERIOUSLY CONCERNED

ABOUT THE VACCINE EFFORT. IT'S BEEN CHALLENGING TO GET VACCINE WITH TWO

VACCINES FOR EVERY SEVEN PEOPLE. IT'S BEEN A VERY CHALLENGING PROCESS

AND WE'RE ALL FRUSTRATED. BUT IF YOU WANT TO STOP IT DEAD IN ITS TRACKS,

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THE REVOCATION IS GOING TO DO THAT. THE REALITY IS, AS MUCH AS PEOPLE

DON'T LIKE TO ADMIT IT, THERE ARE EXECUTIVE ORDERS OUT THERE THAT HAVE

ACTUALLY OPENED UP OPPORTUNITIES TO VACCINATE THE HOMEBOUND, TO

VACCINATE INDIVIDUALS IN HARD-TO-REACH AREAS. TO ALLOW VOLUNTEERS LIKE

RETIRED DOCTORS AND NURSES TO COME OUT OF RETIREMENT TO HELP THIS EFFORT

ALONG. AND I KNOW MY COLLEAGUES WELL ENOUGH ON BOTH SIDES OF THE

AISLE, THEY DO NOT WANT TO IMPEDE THIS, BUT A TOTAL REVOCATION, AS BEEN

STATED, WOULD DO THAT.

SO, I BELIEVE THIS SOLUTION IS THE BEST STEP FORWARD. IT

IMMEDIATELY RESTRICTS ANYTHING NEW. IT REENGAGES THE LEGISLATURE AT A

LEVEL THAT, YES, I THINK WE ALL AGREED, WOULD -- SHOULD HAVE BEEN

HAPPENING A COUPLE OF MONTHS AGO. THAT BEING SAID, I WANT TO THANK

THE SPEAKER AND KEN FOR THEIR LEADERSHIP ON THIS, AND I SUPPORT THIS

LEGISLATION. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. BYRNES.

MS. BYRNES: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, I'LL YIELD, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. BYRNES: THANK YOU, GENTLEMEN. I KNOW IT'S

BEEN A LONG DAY, WE'RE ALMOST AT THE END. BUT THIS BILL ALLOWS

EXECUTIVE DIRECTIVES TO BE CONTINUED OR MODIFIED. OBVIOUSLY, WE'VE

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BEEN TALKING ABOUT IT NOW FOR MANY HOURS. MY QUESTION FOR YOU, SIR, IS,

ISN'T IT POSSIBLE THAT ALLOWING THE GOVERNOR TO MODIFY -- TO CONTINUE TO

MODIFY AND EXTEND CURRENT DIRECTIVES COULD RESULT -- IF HE DIDN'T LIKE IT,

IT COULD RESULT IN THE GOVERNOR MODIFYING HIS CURRENT HOUSING

VISITATION DIRECTIVE AND EFFECTIVELY CIRCUMVENTING OUR LEGISLATURE BY

PREVENTING A RECENT BILL THAT WE PASSED ON NURSING HOME VISITATION TO

ACTUALLY BE FULLY IMPLEMENTED. ISN'T IT POSSIBLE THAT THIS COULD ACTUALLY

BE USED AS A WAY TO CIRCUMVENT US AS THE LEGISLATURE?

MR. ZEBROWSKI: MS. BYRNES, WHEN YOU SAY

HOUSING VISITATION, ARE YOU TALKING ABOUT NURSING HOME VISITATION?

MS. BYRNES: THE NURSING HOME. I APOLOGIZE.

NURSING HOME.

MR. ZEBROWSKI: OH, OKAY. SO, I WOULD SAY NO

BECAUSE I DON'T BELIEVE -- WELL, FIRST OF ALL, IF THE LEGISLATURE SPEAKS BY

LAW, THAT TRUMPS AN EXECUTIVE ORDER. SO I DON'T THINK HE WOULD BE

ABLE TO CONTRADICT A -- A -- A LAW THAT WE PASSED. THAT BEING SAID, I'M

ALSO NOT SURE THAT IT WOULD EVEN FIT WITHIN THE MODIFICATION SECTION OF

THIS LAW. BUT YOU PROBABLY DON'T HAVE TO GET PAST MY FIRST ANSWER

WHICH IS HE CANNOT CONTRADICT SOMETHING WE DID BY LAW.

MS. BYRNES: AND A QUESTION I HAVE ANOTHER --

OTHERWISE, SIR, IS OBVIOUSLY, THIS BILL CONTINUES TO GIVE THE GOVERNOR A

LOT OF POWER. I'M SURE YOU'LL ACKNOWLEDGE THAT. AFTER EVERYTHING

YOU'VE HEARD AND SEEN OVER THE LAST FEW DAYS AND WEEKS, DO YOU

ACTUALLY TRUST THE GOVERNOR AND DR. ZUCKER TO USE THIS POWER IN A WAY

THAT IS APPROPRIATE FOR THE PUBLIC INTEREST OF THE CITIZENS OF OUR STATE?

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MR. ZEBROWSKI: ONCE AGAIN, INDEPENDENT OF THE

CURRENT OCCUPANT OF THE EXECUTIVE MANSION, THE EXECUTIVE CHAMBER OR

THE SEAT OF COMMISSIONER OF HEALTH, THE MAJORITY -- YOU KNOW, THE --

SPEAKER HEASTIE WAS THE SPONSOR, MYSELF, FOLKS THAT HAVE BEEN

INVOLVED IN THE PROCESS OF DRAFTING AND THIS LANGUAGE, HAVE ATTEMPTED

TO SET UP A PROCESS BY WHICH LEGISLATIVE, MUNICIPAL AND PUBLIC INPUT IS

AUGMENTED, IS REESTABLISHED, IF YOU WILL, OR ESTABLISHED EVEN IN

ADDITIONAL WAYS IN SOME PARTS OF THE BILL. SO I -- I JUST DON'T KNOW THAT

I AGREE WITH THAT CHARACTERIZATION. AND, YOU KNOW, I THINK THAT WE SET

UP A PROCESS HERE OF WHERE NOTHING ADDITIONAL CAN BE ESTABLISHED AND

ALSO THERE'S AN ENTIRE REVIEW PROCESS THAT WOULD BE A POSITIVE WAY

FORWARD INDEPENDENT OF WHO OCCUPIES THE EXECUTIVE CHAMBER.

MS. BYRNES: BUT CURRENTLY GOVERNOR CUOMO

OCCUPIES THE EXECUTIVE CHAMBER, AND THIS STILL IS INVESTING WITH HIM

THE ABILITY TO MODIFY AND EXTEND IN ANY WAY, SHAPE OR FORM AS LONG AS

IT FITS WITHIN THE SPECIFICATIONS OF THIS ACT UP TO OR MORE THAN 200

DIFFERENT DIRECTIVES. DO YOU TRUST HIM? DO YOU TRULY TRUST HIM TO

EXERCISE THAT AUTHORITY OVER EVERYBODY?

MR. ZEBROWSKI: WHAT I TRUST IS THAT MY

COLLEAGUES AND I ON BOTH SIDES OF THE AISLE WILL BE ABLE TO GO THROUGH A

PROCESS HERE FOR ANY EXISTING DIRECTIVES TO ATTEMPT TO STRIKE THOSE THAT

MAKE NO SENSE, DRIVE EITHER THEIR EXPIRATION OR A CHANGE FOR THOSE THAT

MAY MAKE SOME SENSE IN TERMS OF PROTECTING EITHER THE PUBLIC HEALTH

OR -- REMEMBER ALL THESE OTHERS THINGS THAT I SORT OF LISTED EARLIER. SO,

YOU KNOW, IT'S -- IT'S NOT A -- IT'S NOT A QUESTION ABOUT AN INDIVIDUAL

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PERSON. I THINK IT'S A QUESTION ABOUT HOW WE SET UP A PROCESS TO

HOPEFULLY SEE THIS PANDEMIC TO A CLOSE.

MS. BYRNES: NOTWITHSTANDING, THOUGH, YOU'RE

PREPARED TO INVEST THAT TRUST IN THE EXECUTIVE?

MR. ZEBROWSKI: YOU'RE USING THE WORD "INVEST,"

AND -- AND I DON'T -- I WOULD NOT USE THAT TO DESCRIBE WHAT WE'RE DOING

HERE. YOU MAY HAVE A DIFFERENCE OF OPINION ON WHERE YOU THINK THIS

BILL WILL GO, BUT I DO NOT THINK IT'S ARGUABLE THAT THIS BILL RESTRICTS THE

GOVERNOR'S AUTHORITY IN MANY WAYS.

MS. BYRNES: THANK YOU.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. KELLES.

YOU -- YOU HAVE TO MUTE [SIC] YOURSELF, MS. KELLES.

MS. KELLES: YES, I THINK --

ACTING SPEAKER AUBRY: THERE WE GO.

MS. KELLES: I THINK I'VE SUCCESSFULLY UNMUTED,

YES?

ACTING SPEAKER AUBRY: GREAT. YES, YOU ARE.

MS. KELLES: WONDERFUL. WILL THE SPONSOR YIELD

FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, MR. SPEAKER.

MS. KELLES: THIS IS JUST FOR CLARIFICATION ABOUT

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PROCESS. IN THE BILL IT -- IT STATES, THE GOVERNOR SHALL PROVIDE AN

OPPORTUNITY TO COMMENT ON ANY SUCH DIRECTIVES BY THE RELEVANT

COMMITTEE CHAIRS WHICH COMMENTS MAY BE RECEIVED AFTER THE ISSUANCE

OF THE DIRECTIVE AND SHALL NOT AFFECT THE VALIDITY THEREOF. SO, IS THIS

REFERRING TO IF THE CHAIR GIVES COMMENTS AND THOSE COMMENTS ARRIVE

AFTER THE DIRECTIVE IS PUT IN PLACE THAT IT SHALL NOT AFFECT THE VALIDITY OF

THAT DIRECTIVE? THAT WAS THE FIRST QUESTION.

MR. ZEBROWSKI: YES, I THINK -- I THINK WHAT --

MS. KELLES: OR IS IT REFERRING TO THE RESPONSE -- I'M

SORRY. WAS IT REFERRING TO THE RESPONSE OF THE -- THE EXECUTIVE TO ANY

COMMENTS? I WASN'T SURE -- AND MAYBE IT'S BOTH.

MR. ZEBROWSKI: I -- I WOULD SAY IT'S BOTH.

MS. KELLES: AND SO THEN MY NEXT QUESTION IS IF --

IF THE COMMENTS THAT ARE GIVEN BY A CHAIR ARE SUCH THAT WE WOULD WANT

TO SEE A MODIFICATION OF THE DIRECTIVE THAT HAS BEEN NOW PUT IN PLACE,

WHAT WOULD BE THE PROCEDURE FOR THAT? THAT WE WOULD HAVE TO PUSH TO

REPEAL IT AND THEN -- THEN THE EXECUTIVE COULD PUT A MODIFIED VERSION

IN PLACE?

MR. ZEBROWSKI: SO, THE EXECUTIVE WOULD HAVE TO

ANSWER PUBLICLY WITH THE EVIDENCE AND THE DATA FOR WHICH THE DIRECTIVE

IS BEING EXTENDED, INDEPENDENT OF OUR SUGGESTIONS FOR A MODIFICATION.

WOULD HAVE TO ANSWER THOSE QUESTIONS, PUT THOSE RESPONSES INTO A

PUBLIC FORMAT ON THE WEBSITE IN ADDITION TO GIVING THEM, YOU KNOW,

THROUGH THE COMMITTEE PROCESS. AND IF THE EXECUTIVE AT THAT POINT IS

GIVING, YOU KNOW, NONSENSICAL ANSWERS, THINGS NOT BACKED UP BY

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SCIENCE, THINGS NOT BACKED UP BY DATA OF ANY KIND, I THINK THEN THE

LEGISLATURE WOULD BE IN A VERY GOOD PLACE TO REVOKE THAT DIRECTIVE

WITHOUT WORRYING THAT THERE'S SOME UNFORESEEN HEALTH EFFECT, WHICH IS

KIND OF THE CASE RIGHT NOW, RIGHT?

MS. KELLES: MM-HMM.

MR. ZEBROWSKI: BUT RIGHT NOW, THERE'S NOT

ENOUGH INTERACTION, THERE'S NOT ENOUGH DATA, THERE'S NOT ENOUGH

SCIENCE. EITHER WAY, SOMETIMES TO SUGGEST WHY THE DIRECTIVE IS

NECESSARY, BUT ALSO EITHER TO PROVE OR SUGGEST WHY IT'S UNNECESSARY. SO

AT THE END OF THE DAY I THINK THIS SETS UP A PROCESS BY WHICH WE CAN

FOLLOW THE SCIENCE, THEN MAKE AN INFORMED DECISION AND EXERCISE OUR

PREROGATIVE AS THE LEGISLATURE TO REVOKE ANY EXECUTIVE ORDERS WHICH

ARE -- ARE NOT IN THE BEST INTEREST OF NEW YORK STATE OR PUBLIC HEALTH.

MS. KELLES: GREAT. THAT'S -- THAT'S A VERY THOROUGH

ANSWER. THANK YOU. SO ANOTHER, OF COURSE, COURSE OF ACTION THAT THE

EXECUTIVE COULD TAKE WOULD BE TO MODIFY, IF THE -- THE COMMENTS WERE

-- WERE VALID.

MR. ZEBROWSKI: YES, WITHIN THE CONSTRUCT OF THE

BILL.

MS. KELLES: GREAT. WONDERFUL. THANK YOU FOR

THAT CLARIFICATION.

SPEAKER, ON THE BILL, PLEASE.

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

MS. KELLES: THANK YOU. SO, I WANTED TO SEE A FULL

REPEAL OF THE EXECUTIVE EXTENDED POWERS, BUT WITH A STRATEGY TO

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GUARANTEE A UNITED AND COORDINATED PUBLIC HEALTH RESPONSE ACROSS THE

ENTIRE STATE, SPECIFICALLY TO PROTECT THE SAFETY AND LIVES OF OUR PEOPLE IN

THE MIDDLE OF THIS PANDEMIC, WHICH I -- I WANT TO NOTE, WE ARE STILL IN

THE MIDDLE OF. ALTHOUGH I WOULD HAVE LIKED TO SEE THIS BILL GO FURTHER,

I'M IN SUPPORT OF THIS BILL STRONGLY FOR ONE CLEAR AND CRUCIAL REASON, AND

-- AND I WANT TO BE ON THE RECORD STATING THIS REASON. I STAND WITH ALL

PUBLIC HEALTH EXPERTS THAT THE HEALTH OF OUR PEOPLE MUST BE CENTRAL

BEFORE POLITICS. I HAVE SEEN WHAT HAS HAPPENED IN STATES ACROSS THE

COUNTRY THAT HAVE NOT HAD UNITED AND COORDINATED STRATEGY TO FIGHT THIS

PANDEMIC. AND IN THESE STATES THERE HAS BEEN INCONSISTENCY IN

MASK-WEARING MANDATES, INCONSISTENCY IN SOCIAL DISTANCING,

INCONSISTENCY IN LIMITING PUBLIC INTERACTIONS TO ESSENTIAL NEEDS, AND

THIS HAS DIRECTLY RESULTED IN HIGHER RATES OF BOTH COVID CONTRACTION

AND DEATH. WE CANNOT IGNORE THE SCIENCE. AND I HAVE -- I'VE WATCHED

WHILE AN INADEQUATE PRODUCTION AND DISTRIBUTION OF PPE, COVID TESTS

AND VACCINES HAVE CONTRIBUTED DIRECTLY TO THE DEATH OF OVER HALF A

MILLION PEOPLE IN OUR COUNTRY. I'VE WATCHED SINCE LAST FEBRUARY WITH A

FEELING OF -- OF HELPLESSNESS, ALONG WITH MANY OF MY COLLEAGUES, AS THE

RATE OF DEATH IN OUR COUNTRY HAS FAR EXCEEDED ANY OTHER COUNTRY WITH

EQUAL RESOURCES AS THOSE OF THE UNITED STATES. SO IN DIRECT RESPONSE TO

WHAT I HAVE HEARD TODAY, AND I WILL SAY IN DIRECT RESPONSE TO WHAT I

HAVE HEARD TODAY BY MY COLLEAGUES ACROSS THE AISLE, AND I'VE HEARD

REPEATEDLY BY MANY LOCAL OFFICIALS, THAT IT IS TIME TO REOPEN WITHOUT

LIMITATIONS, IT HAS SOLIDIFIED MY DESIRE TO SEE A COORDINATED RESPONSE

ACROSS THE STATE. WE CANNOT SPEND THE REST OF THIS PANDEMIC CHASING

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DOWN AND COUNTERING EACH AND EVERY INDIVIDUAL DECISION MADE ACROSS

THE STATE, DESIGNED TO REOPEN WHEN IT DIRECTLY COUNTERS PUBLIC HEALTH

SCIENCE AND LEADS TO INCREASED RISK OF DISEASE AND DEATH. AND GIVEN

WHAT I'M HEARING HERE TODAY, I BELIEVE THAT THIS WOULD NOT ONLY BE THE

INTENT, BUT IT WOULD BE THE REALITY. ALTHOUGH WE HAVE MANY

RESPONSIBILITIES AS A GOVERNING BODY THAT MUST BE BALANCED AND

ABSOLUTELY ACKNOWLEDGED, MY FIRST RESPONSIBILITY AND I BELIEVE OUR FIRST

RESPONSIBILITY IS THE PROTECTION OF PUBLIC HEALTH. NO ONE CAN PROSPER, I

WILL REPEAT, NO ONE CAN PROSPER WHEN WE COME OUT ON THE OTHER SIDE OF

THIS PANDEMIC. NO ONE CAN REBUILD THEIR LIVES IF THEY ARE DEAD. I AGREE

WITH MANY OF MY COLLEAGUES TO MAKE EVERY ATTEMPT TO LIMIT -- LIMIT

ANY ARBITRARY EXECUTIVE ORDERS AND TO KEEP ANY EXECUTIVE'S INITIATIVES

EXCLUSIVELY FOCUSED ON PUBLIC HEALTH-RELATED RESPONSES TO COVID-19

BASED ON CURRENT SCIENCE AND BEST PRACTICES.

I SEE THIS BILL AS A FIRST STEP TOWARDS A SMOOTH AND

NECESSARY TRANSITION BACK TO PRE-COVID-19 POWERS, AND I STAND IN

SUPPORT OF THIS BILL. THANK YOU SO MUCH FOR ALL OF YOUR WORK TO THE

SPONSOR, AND THANK YOU TO THE SPEAKER FOR BRINGING THIS TO THE FLOOR.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR -- OR MR. ZEBROWSKI YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: ABSOLUTELY.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI

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YIELDS, SIR.

MR. PALMESANO: THANK YOU, KEN. AND THANKS

FOR STANDING UP HERE ALL DAY TAKING OUR QUESTIONS IN A VERY CORDIAL AND

THOUGHTFUL DISCUSSION. WE APPRECIATE IT VERY MUCH.

MR. ZEBROWSKI: THANKS.

MR. PALMESANO: MY FIRST QUESTION THAT I WANTED

TO JUST ASK MORE ON THE -- THE WHOLE NOTIFICATION ISSUE. I GUESS MY FIRST

QUESTION ON THAT FRONT IS, WHAT PURPOSE FOR THE COMMENTS FOR THE

COMMITTEE CHAIRS AND LEADERS SERVE? I GUESS, IN OTHER WORDS, IF THE

GOVERNOR DOES NOT MODIFY OR RESCIND AN EXECUTIVE ORDER BASED ON THE

LEGISLATIVE COMMENTS, WHAT HAPPENS?

MR. ZEBROWSKI: SO, YOU'RE PRESENTING THAT THE

LEGISLATURE GIVES COMMENTS OR ASKS FOR A CLARIFICATION OR GIVES

SUGGESTIONS AND THEY'RE IGNORED BY THE GOVERNOR --

MR. PALMESANO: RIGHT.

MR. ZEBROWSKI: -- WHAT -- YOUR -- YOUR QUESTION

IS WHAT HAPPENS THEN?

MR. PALMESANO: YES.

MR. ZEBROWSKI: WELL, I WOULD SUGGEST THEN THE

LEGISLATURE WOULD BE IN A POSITION TO ACT, ASSUMING THERE WAS A

CONSENSUS IN THE LEGISLATURE, OF COURSE, TO REVOKE THAT EXECUTIVE

ORDER.

MR. PALMESANO: SO IF -- IF THE LEGISLATURE

CHOOSES NOT TO ACT EVEN THOUGH THEY PUT THOSE COMMENTS UP THERE, THE

EXECUTIVE ORDER WOULD CONTINUE AS HE WROTE -- WRITTEN, CORRECT?

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MR. ZEBROWSKI: YES. THEN IT WOULD CONTINUE --

MR. PALMESANO: OR EXTEND, YES.

MR. ZEBROWSKI: WELL, THEN -- THEN IT COULD BE

EXTENDED, RIGHT. IF THE LEGISLATURE DID NOT ACT, RIGHT. THE LEGISLATURE

WOULD NEED TO HAVE A CONSENSUS AND PASS A RESOLUTION WHICH WOULD

REQUIRE A MAJORITY OF THE MEMBERS IN THIS HOUSE.

MR. PALMESANO: AND I GUESS THE OTHER THING ON

THIS -- THE NOTIFICATION PROCESS, I MEAN, IN DEALING WITH THE

ADMINISTRATION, I MEAN, HOW CONFIDENT ARE YOU IN THIS PROCESS WHEN

IT'S REALLY -- RIGHT NOW IT'S REALLY DIFFICULT -- HOW CAN WE NOT KNOW -- IF

WE CAN'T TRUST THE DATA OR THE PEOPLE THAT ARE PROVIDING THE DATA TO US,

HOW CONFIDENT ARE YOU IN THIS PROCESS THAT IT WILL WORK?

MR. ZEBROWSKI: WELL, I -- I HOPE DATA WOULD BE

ABLE TO BE INDEPENDENTLY VERIFIED. I WOULD HOPE EVIDENCE WOULD BE

ABLE TO BE INDEPENDENTLY VERIFIED AND WE'D BE ABLE TO SPOT OUT WHAT

MERELY WOULD BE AN OPINION OR CONJECTURE.

MR. PALMESANO: OKAY. RELATIVE TO THE LOCAL

CONTROL AND LOCAL ISSUES, THE -- CERTAINLY THE VACCINE ROLLOUT HAS REALLY

CAUSED SOME CONFUSION, ESPECIALLY ON OUR LOCALITIES. FOR EXAMPLE, ONE

CONCERN I BROUGHT UP AT THE BUDGET HEARING WAS RELATIVE TO OUR COUNTIES

WERE NOT BEING NOTIFIED OF WHAT VACCINES WERE COMING INTO -- INTO THE

COUNTIES, WHETHER THEY WERE PHARMACIES, NURSING HOMES, HOSPITALS,

WHEREVER THEY WERE GOING. SO WE DIDN'T KNOW WHERE THEY WERE GOING

AND HOW MANY WE WERE GETTING. IT SEEMS LIKE THERE WAS REALLY KIND OF

A -- A PROBLEM -- THERE'S A PROBLEM IN THAT PROCESS. SO, HOW -- HOW

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DOES THIS ADDRESS THAT? IS THERE ANY -- ANY ALLEVIATION HERE? THIS

WON'T REALLY HELP IN THAT PROCESS OR HELP WITH THE COMMUNICATION AS

WELL WITH THE COUNTIES AT ALL, RIGHT?

MR. ZEBROWSKI: TO THE EXTENT THAT WE WANT TO

DRILL DOWN ON SOME OF THE SPECIFICS ABOUT THE VACCINE PROCESS AND THEY

RELATE TO DIRECTIVES THAT MAY BE EXTENDED, I WOULD SUGGEST THAT THIS WILL

PROVIDE AN ADDITIONAL PROCESS TO HOPEFULLY FERRET OUT THAT INFORMATION.

BUT I WOULD SUGGEST THAT PERHAPS ADDITIONALLY, ANY VACCINE FIXES OR

DISAGREEMENTS THE LEGISLATURE HAD WITH THE EXECUTIVE COULD BE

ADDRESSED THROUGH LEGISLATION. I, LIKE YOU, HAVE HAD, I TAKE FROM YOUR

QUESTIONS, YOU KNOW, FRUSTRATION REGARDING THE ROLLOUT. I'VE ATTEMPTED

TO UNDERSTAND THE ROLLOUT. AT -- AT TIMES I FEEL LIKE THE INFORMATION --

THERE'S INFORMATION-GIVING THAT DOESN'T EXACTLY COMPORT WITH THE

INFORMATION I THINK I ALREADY HAVE. FOR INSTANCE, YOU KNOW, YOU GIVE

THAT EXAMPLE OF HOW MANY VACCINES ARE COMING IN AND WHERE THEY'RE

GOING. I'VE CERTAINLY ASKED THAT QUESTION ON THE CALLS, I DON'T KNOW IF

YOU HAVE, WITH THE DEPARTMENT OF HEALTH OR ANYTHING AND THERE'S TIMES

WHERE IT'S SUGGESTED THAT THIS INFORMATION IS SORT OF GATHERED UP BY THE

DEPARTMENT OF HEALTH, GIVEN WITH RECOMMENDATIONS TO THE CDC AND

THEN THERE'S BEEN A SUGGESTION THAT THE CDC IS MAKING CERTAIN

DECISIONS AND SENDING IT DIRECTLY. OR THAT THE CDC IS SENDING TO

PHARMACIES DIRECTLY. SO THIS HAS BEEN FRUSTRATING FOR YOU AND I. YOU

KNOW, I -- I'VE, YOU KNOW, TAKEN MY CAPACITY AS A LEGISLATOR AND

DRAFTED SOME BILLS. YOU KNOW, YOU CAN AS WELL. BUT WE MIGHT BE --

HAVE TO DO THIS DUALLY, BOTH LEGISLATIVELY AND MAYBE IF WE CAN GET

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SOME ADDITIONAL INFORMATION ON THIS PROCESS.

MR. PALMESANO: SURE. I THINK, OBVIOUSLY, OUR

COUNTIES HAVE HAD MASS VACCINATION PLANS IN PLACE. THEY ALREADY HAD

AN ABILITY TO DO THAT. AND I THINK BY NOT UTILIZING OUR COUNTIES IN THE

WAY THAT THEY USE THE DIRECTIVES AND ORDERS REALLY CAUSED THE PROBLEM

AND MADE IT MORE COMPLICATED THAN IT NEEDED TO BE, SO...

ANYWAY, KEN, THANKS FOR YOUR TIME. I REALLY

APPRECIATE THAT YOU'VE BEEN VERY CORDIAL AGAIN OUT HERE WITH YOUR TIME.

YOU'RE ALWAYS VERY THOUGHTFUL.

SO, MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: MR. SPEAKER AND MY

COLLEAGUES, I JUST WANT TO START OUT -- I MEAN, OBVIOUSLY, THIS PAST YEAR

HAS BEEN GRUELING FOR EVERYBODY. COVID IS CERTAINLY A PUBLIC HEALTH

CRISIS WE KNOW ABOUT. BUT THIS PAST YEAR HASN'T JUST BEEN A PUBLIC

HEALTH CRISIS, IT'S BEEN AN ECONOMIC CRISIS. IT WAS DIFFICULT IN NEW

YORK FOR OUR BUSINESSES BEFORE COVID CAME AND CHALLENGING BEFORE

COVID CAME. THE POLICIES THAT HAVE BEEN PUT IN PLACE AND WITH THE

POLICIES THAT ARE BEING TALKED ABOUT IN THE FUTURE. AND LET'S BE CLEAR,

THIS BILL REALLY DOES NOTHING TO REVOKE THE GOVERNOR'S EMERGENCY

POWERS. IT REALLY DOES NOTHING TO HELP CURE THE CAUSE, THE CONCERNS AND

ANXIETY AND THE UNCERTAINTY THAT OUR FAMILIES, OUR SMALL BUSINESSES AND

MANY OTHERS HAVE HAD WHO HAVE BEEN ACTUALLY DEVASTATED BY THESE

CLOSURES, SHUTDOWNS AND RESTRICTIONS PLACED ON THEM BY THE GOVERNOR.

CERTAINLY, WE ADVOCATED FOR A BILL EARLIER THAT -- WHICH WAS DEFEATED.

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AND YOU'D SAY -- WE SAY, WELL, WHAT NOW? I MEAN, I STILL BELIEVE WE

HAVE A CHOICE. YOU CAN HAVE A CHOICE. I KNOW MANY OF YOU HAVE

TALKED ABOUT, WELL LISTEN, THIS BILL DOESN'T ALLOW PUTTING IN NEW

DIRECTIVES. THAT'S NOT THE ISSUE. IT'S ABOUT THE NEARLY 100 EXECUTIVE

ORDERS AND NEARLY 200 DIRECTIVES ON THE BOOKS THAT YOUR BILL ALLOWS

THIS GOVERNOR TO EXTEND OR MODIFY AT WILL WITHOUT ANY LEGISLATIVE

APPROVAL. NONE. FOR AS LONG AS HE CARES TO DO IT, AT HIS WILL, AT HIS

DISCRETION. THE SAME EXECUTIVE ORDERS WE'VE BEEN HEARING FROM

CONCERNS BACK IN OUR DISTRICTS ABOUT HOW DEVASTATING THEY'VE BEEN TO

OUR FAMILIES AND THEIR SMALL BUSINESSES THROUGHOUT. THE SAME

EXECUTIVE ORDERS THAT PUT COSTLY MANDATE ON OUR SMALL BUSINESSES

WHILE AT THE SAME TIME RESTRICTING THEM AND SHUTTING THEM DOWN.

CLOSING OUR SCHOOLS AND SO MANY OTHERS THINGS. THIS HAS BEEN

CRUSHING TO OUR PEOPLE AND OUR RESIDENTS. I KNOW YOU SAY, WELL, WE

CAN -- WE CAN TAKE A VOTE AND -- AND ELIMINATE ANY EXECUTIVE ORDER

WHENEVER THE LEGISLATURE WANTS TO DO THAT. WE'VE HAD THAT AUTHORITY

THE PAST YEAR, AND NOT ONE OF THEM HAS COME UP TO THE FLOOR FOR A VOTE

OR FOR CONSIDERATION. I KNOW YOU SAY THAT CAN HAPPEN. I DON'T THINK IT

WILL HAPPEN. I HOPE I'M WRONG, BUT I JUST DON'T SEE THAT CHANGING. I

REALLY BELIEVE IT'S COMPLETELY DISINGENUOUS AND REALLY AN INSULT TO THE

RESIDENTS OF OUR STATE TO CLAIM THAT THIS BILL WILL REVOKE THE GOVERNOR'S

EMERGENCY POWERS. IT DOES NOT. IT EXTENDS IT, AND IT EXTENDS IT

INDEFINITELY.

SO THE AMENDMENT WE OFFERED TODAY WAS DEFEATED.

SO NOW WHAT? YOU DON'T HAVE TO DO ANYTHING. WE HAVE EIGHT WEEKS

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BEFORE THE CURRENT LAW -- THIS IS CHANGING, EXPIRES. EIGHT WEEKS WILL

ALLOW US TO GET TOGETHER, MEET, DISCUSS AND ADDRESS THE PROBLEMS AND

ISSUES WE NEED TO DO. WE COULD MEET TOGETHER QUICKLY, ADDRESS THE

CRITICAL PUBLIC HEALTH NEEDS WHILE AT THE SAME TIME ADDRESSING THE

ECONOMIC NEEDS WE HAVE AT THE SAME TIME. I GUESS I'M PUZZLED, TOO,

BY THIS BODY. WHEN THE GOVERNOR DID HIS PRESS CONFERENCE AND SAYING

THAT HE HAD THIS DEAL DONE WITH THE LEGISLATURE AND YOU GUYS HAVE SAID

THAT THAT'S NOT TRUE. WELL, IF THE -- IF THE GOVERNOR IS NOT TELLING THE

TRUTH AND HE'S LYING ABOUT THE AGREEMENT, I GUESS I DON'T UNDERSTAND

WHY YOU WOULD GO AND EXTEND THESE EMERGENCY POWERS EVEN FURTHER

WHEN ALL HE'S CONTINUALLY DONE IS NOT BEEN TRUTHFUL, LIE, AND -- AND

WITHHELD INFORMATION, CRITICAL INFORMATION, THAT COULD HAVE HELPED WITH

THIS PANDEMIC THAT WE WEREN'T -- WASN'T PROVIDED TO US. AND RELATIVE TO

THE COMMENTING, WE'RE ELECTED LEGISLATORS. WE DON'T NEED PERMISSION

TO COMMENT. WE'RE COMMENTING ALL ALONG. THIS BILL ALLOWS THE

GOVERNOR TO CONTINUE TO IGNORE US. THERE'S ABSOLUTELY NO LEGISLATIVE

APPROVAL GOING FORWARD, AND WE JUST CONTINUE TO MODIFY THE EXISTING

ORDER EVERY 30 DAYS. IF THE GOVERNOR WASN'T INVOLVED IN DRAFTING THIS

BILL, IT'S WORSE THAN NOTHING BECAUSE THIS EXTENDS HIS POWERS, WHICH WE

DON'T NEED ANY FURTHER. WHAT DO YOU SAY TO THOSE BACK HOME; THE

SMALL BUSINESS OWNERS, THE GYM OWNERS, THE RESTAURANT OWNERS, THE

SMALL MOVIE THEATER OWNERS, THE BOWLING ALLEY OWNERS WHO HAVE BEEN

JUST CRUSHED AND DEVASTATED BY THESE SHUTDOWNS AND RESTRICTIONS AND

QUOTAS WHO ARE JUST TRYING TO MAKE A LIVING AND PROVIDE FOR THEIR

FAMILY AND FOR THEIR EMPLOYEES. WHAT DO WE SAY FOR THE KIDS WHO

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WANT TO BE IN SCHOOL FIVE DAYS A WEEK? ATTEND THEIR PROM, PLAY SPORTS,

PARTICIPATE IN ARTS AND MUSIC, OR HAVE A HIGH SCHOOL GRADUATION WITH

THEIR FULL FAMILY MEMBERS THERE SO THEY DON'T HAVE TO LEAVE THEIR

BROTHER OR SISTER OR GRANDMOTHER HOME. WHAT DO YOU SAY TO THEM

WITHOUT (INAUDIBLE) TRUST AGAIN BY THESE CLOSURES, SHUTDOWNS AND

RESTRICTIONS THAT THIS GOVERNOR HAS PLACED UPON THEM? WE'RE NOT

TELLING THEM ENOUGH. WE'RE NOT DOING ENOUGH TO GIVE THEM HOPE BY

CONTINUING TO ALLOW THIS GOVERNOR TO HAVE THESE POWERS AND MOVE

FORWARD AND IMPLEMENT THESE ORDERS AS HE SEES FIT, AT HIS WILL,

WHENEVER HE DECIDES TO DO SO.

SO, I KNOW -- I HEARD A NUMBER OF YOU SAY, WE NEED

TO DO SOMETHING. ACTUALLY, YOU DON'T. I WOULD URGE YOU, THOSE WHO

DIDN'T WANT TO SUPPORT THE AMENDMENT FOR YOUR REASONS, I UNDERSTAND.

YOU STILL HAVE A CHOICE: VOTE AGAINST THIS BILL. DO NOTHING. VOTE

AGAINST THIS BILL, LET THE CURRENT LAW EXPIRE ON JUNE 30TH, WHICH WOULD

ALLOW US EIGHT WEEKS TO WORK TOGETHER AS A LEGISLATIVE BODY TO ADDRESS

THE NEEDS WE HAVE AS A STATE. IF WE HAVE TO LOOK AT SOME OF THESE

ORDERS, WE HAVE TO LOOK AT DIRECTIVES TO -- TO CODIFY, THAT'S WHAT OUR JOB

IS TO DO, TO ACT. WE'RE A SEPARATE BODY, THAT'S OUR JOB TO DO. IN THIS

CASE I FIRMLY BELIEVE, AS MANY OF US DO, I WOULD THINK WOULD BELIEVE

DOING NOTHING IS FAR BETTER THAN DOING THIS LEGISLATION AND ALLOWING

THESE UNPRECEDENTED POWERS FOR THIS GOVERNOR TO CONTINUE INDEFINITELY.

IT WILL NOT STOP UNTIL HE DECIDES HE DOESN'T WANT TO DO IT ANYMORE.

BECAUSE I JUST DON'T THINK THIS LEGISLATURE, THEY HAVEN'T SHOWN THAT

THEY'RE WILLING TO TAKE ON THE GOVERNOR AND CHALLENGE HIM. WE HAVEN'T

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CHALLENGED VETOES, WE HAVEN'T CHALLENGED EXECUTIVE ORDERS. WHAT

MAKES US THINK AND WHAT CAN WE SAY TO THE PEOPLE BACK HOME THAT THIS

WILL BE ANY DIFFERENT? I HOPE I'M WRONG, BUT I DON'T THINK I AM. AGAIN,

I'M GOING TO ASK YOU, AS I SAID EARLIER, WHOSE SIDE ARE YOU ON? ARE YOU

ON THE SIDE OF THE GOVERNOR OR ARE YOU ON THE SIDE OF THE SMALL

BUSINESS OWNER OR THE FAMILIES, THE UNEMPLOYED WORKERS, THE STUDENTS.

ARE YOU ON THE SIDE OF ONE-MAN RULE -- NOT ONE-PARTY RULE, BUT

ONE-MAN RULE FOR -- ON THE SIDE OF A COEQUAL BRANCH OF GOVERNMENT.

ARE YOU ON THE SIDE OF UNFETTERED AUTHORITY BY ONE PERSON, OR ARE YOU

ON THE SIDE OF CHECKS AND BALANCES, LEGISLATIVE OVERSIGHT, THE

LEGISLATIVE ACCOUNTABILITY.

MR. SPEAKER, MY COLLEAGUES, I URGE YOU TO DO NOTHING.

VOTE NO ON THIS BILL AND LET THE CURRENT LAW EXPIRE NEXT MONTH. THEN

WE CAN GET TO WORK AND DO THE WORK WE NEED TO DO AND WE CAN BALANCE

OUR PUBLIC HEALTH WHILE TRYING TO RESTART AND JUMP-START OUR ECONOMY

AND ECONOMIC REHABILITATION AND RECOVERY WHICH IS SO DESPERATELY

NEEDED. ALONG WITH THAT SAME TIME WE WILL REASSERT AND ESTABLISH

OURSELVES AS A COEQUAL BRANCH OF GOVERNMENT -- A CONSTITUTIONAL

COEQUAL BRANCH OF GOVERNMENT WHILE RESTORING CHECKS AND BALANCES,

LEGISLATIVE OVERSIGHT AND BRING BACK THAT CHECKS AND BALANCES AND

LEGISLATIVE OVERSIGHT TO OUR STATE GOVERNMENT. AND, QUITE FRANKLY, DO

OUR JOBS. YES, DO OUR JOBS INSTEAD OF LETTING THE GOVERNOR DO

EVERYTHING. LET'S DO OUR JOBS THE WAY THE PUBLIC HAS ELECTED US AND

ASKED US TO DO.

MR. SPEAKER, FOR THAT REASON I'M GOING TO BE VOTING IN

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THE NEGATIVE ON THIS BILL AND I URGE MY COLLEAGUES TO DO THE SAME.

THANK YOU.

ACTING SPEAKER AUBRY: MS. ROSENTHAL.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER.

ON THE BILL.

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

MS. ROSENTHAL: NEARLY A YEAR AGO WE STOOD IN

THIS CHAMBER TOGETHER AND WITHOUT MASKS AS WE VOTED TO GIVE THE

EXECUTIVE BROAD LATITUDE TO MANAGE A DEVELOPING CRISIS. AT THAT TIME

THE TRUE SCALE OF THIS ONGOING CRISIS WAS UNKNOWN AND UNKNOWABLE. IN

THE DAYS AND WEEKS THAT FOLLOWED AS THE PANDEMIC UNFOLDED BEFORE OUR

VERY EYES, ITS SCOPE EXCEEDED EVEN OUR WORST NIGHTMARE. NEW YORK

STATE AND ITS PEOPLE WERE ENVELOPED BY THE COVID-19 VIRUS, WHICH

HAS BEEN SWIFT, RUTHLESS AND UNRELENTING. AS A RESULT OF THE EXIGENCY,

THE LEGISLATURE AGREED TO PROVIDE THE GOVERNOR WITH THE AUTHORITY TO

MANAGE A STATEWIDE MOBILIZATION TO FIGHT COVID. NOW WE HAVE SEEN

THE CONSEQUENCES OF CONCENTRATING EXTRAORDINARY POWER IN THE HANDS OF

THE FEW. THE PEOPLE OF THE STATE HAVE A RIGHT TO A GOVERNMENT THAT IS

TRANSPARENT, RESPONSIVE AND ACCOUNTABLE. AS WE NAVIGATE THIS

RECOVERY, NEW YORKERS MUST BE ABLE TO TRUST THAT THEIR GOVERNMENT IS

ACTING AT ALL TIMES FOR SAFETY AND HONEST EXPEDITION OF OUR RECOVERY AND

TO SAVE LIVES. THE LEGISLATURE IS A COEQUAL BRANCH OF GOVERNMENT. WE

HAVE A SWORN DUTY TO ACT AS A CHECK ON THE EXERCISE OF EXECUTIVE

POWER, PARTICULARLY WHEN THAT POWER HAS BEEN MISUSED AND THE PUBLIC'S

TRUST HAS BEEN DAMAGED AS A RESULT. AND IT IS BEYOND TIME THAT WE ACT

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AS THAT CHECK. AND IN EXERCISING THAT AUTHORITY, WE HAVE A

RESPONSIBILITY TO ENSURE THAT NONE OF THE IMPORTANT PROGRESS WE HAVE

MADE IS ERODED BY OUR ACTIONS TODAY. WE MUST BE GUIDED BY SCIENCE,

NOT POLITICS, AND TAKE ACTION TO PRESERVE AND CONTINUE THE IMPORTANT

STRIDES WE HAVE MADE.

WHILE I BELIEVE THAT THE LEGISLATURE IS MORE THAN

CAPABLE OF MAKING VITAL PUBLIC HEALTH AND ECONOMIC DECISIONS QUICKLY

AND EFFICIENTLY MOVING FORWARD, I AM VOTING FOR THIS BILL BECAUSE IT IS --

BECAUSE IT IS AN IMPORTANT PUBLIC HEALTH TOOL THAT WILL PREVENT A

DISRUPTION JUST AS WE ARE ABOUT TO ROUND THE CORNER. HOWEVER, IT IS BUT

A FIRST STEP AND IT WILL NOT BE THE LAST STEP. AS SOME OF MY COLLEAGUES

HAVE SAID, STATEWIDE ACTION IS NEEDED TO GUARD AGAINST A DANGEROUS

PATCHWORK OF PUBLIC HEALTH ACTIONS THAT WILL RISK OUR RECOVERY AND THE

HEALTH OF OUR RESIDENTS. AFTER MONTHS OF LOSS AND FIGHTING A LIGHT IS

VISIBLE AT THE END OF A LONG AND DARK TUNNEL. WE'RE NOT OUT OF THIS

CRISIS YET, THOUGH. THE MOMENT DEMANDS STRONG LEADERSHIP, AND

MEMBERS OF THE LEGISLATURE WHO ARE ELECTED BY AND SPEAK FOR THE

PEOPLE OF NEW YORK TOGETHER CAN LEAD THE WAY TOWARD A FAIR AND

EQUITABLE RECOVERY FOR ALL. THANK YOU.

ACTING SPEAKER AUBRY: MR. BARRON.

MR. BARRON: THANK YOU, MR. SPEAKER. IN MY SIX

YEARS BEING IN THIS BODY, I'VE SEEN THIS GOVERNOR IN THE PAST WITH HIS

EXECUTIVE POWERS, SEEN HIM VETO GOOD BILLS THAT WE HAD AND WE NEVER

OVERRODE OR OVERRIDDEN A VETO OF HIS. SEEING HIM ABUSE THAT POWER FOR

SIX YEARS DOING DIFFERENT THINGS. SO HERE WE COME LAST YEAR AND WE

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SAID THAT THIS CHAOS -- THERE'S TWO WORDS THAT CAME UP, INTERESTINGLY:

POWER AND CHAOS. LET ME DEAL WITH POWER FIRST. THE THREE PEOPLE IN

THE ROOM THAT NEGOTIATE THE BUDGET -- THE MAYOR, THE HEAD OF THE

ASSEMBLY AND THE HEAD OF THE SENATE -- EXCUSE, ME THE GOVERNOR, THE

GOVERNOR HAS NO VOTES ON THE BILL. THE TWO LEADERS OF THE TWO BODIES

HAVE ONE EACH. THERE'S 150 OF US HERE 149, 63 IN THE SENATE. THAT'S

WHERE THE POWER IS. WE DON'T EXERCISE THE POWER WE HAVE. WE HAVE

THE POWER TO DETERMINE WHAT'S IN THIS BUDGET. WE HAVE THE POWER TO

SAY WHETHER WE WANTED TO EXPAND, EXTEND HIS POWER ON EXECUTIVE

EMERGENCY POWERS. HE ALREADY HAS A BUNCH OF THAT ALREADY. WE

EXTENDED IT SO THAT HE CAN SAY IN MY BELOVED EAST NEW YORK IF HE

WANTED TO DECIDE, YOU KNOW, BECAUSE OF MY POWERS I'M GOING TO TAKE

SOME OF THE AMBULATORY CARE OUT OF EAST NEW YORK AND PUT IT

SOMEWHERE ELSE, I CAN DO THAT. THIS IS WHAT WE GAVE HIM. AND SOME

OF YOU SAT HERE AND SAID, WELL, WE DID IT BECAUSE THERE WAS SO MUCH

CHAOS, DIDN'T KNOW WHAT I WAS DOING. WELL, SOME OF OUR BLACK AND

LATINO COMMUNITIES, LATINA COMMUNITIES, WE ARE IN A CONSTANT STATE OF

CHAOS. I AGREE WITH ASSEMBLYMEMBER HYNDMAN AND

ASSEMBLYMEMBER ROJAS-GONZ�LEZ [SIC]. I AGREE WITH THEIR

PRESENTATIONS. WE'RE DYING IN A CONSTANT STATE OF EMERGENCY. PRIOR TO

COVID WE WAS ALREADY DYING FROM HIGH BLOOD PRESSURE, HYPERTENSION.

WE WERE ALREADY DYING FROM HEART DISEASES AND ALL KINDS OF SOCIAL AND

HEALTH ILLNESSES. THE PRECONDITION OF ECONOMIC EXPLOITATION AND

POVERTY LED TO OUR PRECONDITIONED POOR HEALTH AND OUR VULNERABILITY TO

THE VIRUS. AND THEN SOMEONE SAID THAT THE GOVERNOR DID SOME GOOD

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THINGS DURING THIS PANDEMIC AND THAT WE SHOULD BE APPRECIATIVE OF

THAT. WELL, LET ME TELL YOU WHAT HE DIDN'T DO AND LET ME TELL YOU WHAT

HE DID DO. WE, BLACK AND BROWN PEOPLE, ALL THE STATISTICS SAY WE DIED

THE MOST, PERCENTAGE-WISE. AND WE HAD THE LEAST CARE GIVEN TO US.

AND WE WERE IN THE GREATEST OF CRISES OF INFECTION AND DEATH. SO WHAT

DOES THIS GOVERNOR DO? HE GETS A SHIP THAT HAS 1,000 BEDS ON IT AND

SENDS IT TO THE WHITE COMMUNITY. THE WHITE COMMUNITY. AND HE

MADE SURE THAT THEY DIDN'T EVEN USE ALL OF THE BEDS. SO WHAT DOES THIS

GOVERNOR DO? DURING THIS GREAT PANDEMIC HE WROTE A BOOK ON HOW

GREAT HE DID. BUT WHEN WE WERE DYING HE CONVERTED THE JAVITS CENTER

IN THE WHITE COMMUNITY AND THEY DIDN'T EVEN USE ALL OF THAT. WHAT DID

HE DO? TURNED CENTRAL PARK, IN THE WHITE COMMUNITY, INTO A MEDICAL

FACILITY. WE HAD TO FIGHT FOR PEE, WE HAD TO FIGHT FOR VENTILATORS, MORE

STAFFING IN OUR HOSPITALS. WE HAD TO FIGHT FOR MASKS. WE HAD TO FIGHT

FOR EVERYTHING. AND THIS IS A MAN THAT WE'RE ENTRUSTING POWER TO.

YOU KNOW, THIS WAS AN INTERESTING DAY. I'M VOTING FOR

BOTH OF THESE BILLS. NEITHER ONE OF THEM GO FAR ENOUGH. I THINK HE

SHOULD BE IMPEACHED AND BROUGHT UP ON CHARGES BECAUSE OF THE DEATH

IN THE NURSING HOMES. BUT, YOU KNOW, IN THE MIDST OF CHAOS, WE SAID,

WELL, IF WE -- IF WE VOTE TO TAKE ALL OF HIS POWERS AWAY, REPEAL ALL THOSE

POWERS, THERE'LL BE 100, 200 BILLS. THAT WOULD BE CHAOS, SO LET'S DO IT

THIS WAY. ALL RIGHT. I'M GOING WITH THAT. WE'LL SEE WHAT HAPPENS.

CHAOS. ONE OF THE JEWELS OF WISDOM IN LEADERSHIP IS CALMNESS OF

MIND, BEING ABLE TO FUNCTION DURING CHAOS. WE LIVE IN A CONSTANT STATE

OF CHAOS IN OUR COMMUNITIES.

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SO I'M VOTING FOR THESE TWO PIECES OF LEGISLATION, BUT

I'M GOING TO APPEAL TO US, LET'S TRULY PRIORITIZE THE PEOPLE OVER THESE

TWO PARTIES. LET'S TRULY PRIORITIZE THE NEED OVER PEOPLE OVER THE GREED

OF SOME -- OF PEOPLE AROUND THAT ARE LOOKING TO BENEFIT THEMSELVES IN

THE MIDST OF THIS CRISES. I CAN NAME A FEW CORPORATIONS THAT ARE DOING

WELL DURING THIS CRISES, BUT NOT THE PEOPLE. LET'S MAKE SURE THAT WE

CANCEL RENT. LET'S MAKE SURE THAT WE HAVE BILLIONS FOR HOUSING, RENT

RELIEF. AND LET'S MAKE SURE THAT WE GET MORE MONEY. WHAT. A

ONE-SHOT DEAL, $1,400. ONE SHOT IN SOME PLACES. AROUND THE WORLD

THEY'RE GETTING MONTHLY PAYMENTS TO HELP OUT DURING THEIR CRISES. AND

IN THE RICHEST COUNTRY IN THE WORLD AND ONE OF THE RICHEST STATES IN THE

WORLD, WE CAN'T MAKE SURE OUT OF OUR $193 BILLION BUDGET THAT WE DON'T

COME UP WITH SOME MONTHLY STIPENDS AND MONEY FOR OUR PEOPLE. SO,

TO ME, THIS IS FOR TODAY, WHERE NEITHER ONE OF THESE BILLS REALLY WENT FAR

ENOUGH. THIS WAS A DAY -- YES, THIS BILL THAT WE'RE TALKING ABOUT NOW

DOESN'T GO FAR ENOUGH AND SHOULD TAKE EVEN MORE POWER AWAY FROM

HIM. AND THE OTHER BILL THAT I SUPPORTED AND SAID, YOU KNOW, ABSOLUTE

TAKE IT ALL, THAT DIDN'T EVEN HAVE A PLAN TO DEAL AFTER YOU DO TAKE IT ALL.

SO, BOTH OF YOU ARE RIGHT. BUT, YOU KNOW, THE PEOPLE WILL SUFFER IF WE

DON'T PRIORITIZE THEM OVER OUR PARTY POLITICS.

I'M VOTING FOR THIS BILL, I VOTED FOR THE LAST

AMENDMENT, BUT I'M APPEALING TO US, BE SERVANT LEADERS, SERVE OUR

PEOPLE. OUR PEOPLE ARE DYING AND WE ARE PLAYING POLITICS WITH THE

LIVES OF OUR PEOPLE. I WANT TO COMMEND THE SPONSOR OF THIS BILL. HE

WORKED HARD, HE STOOD UP PATIENTLY AND HANDLED THESE -- ALL OF THE

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DEBATES, AS HE ALWAYS DOES VERY WELL. BUT WE MUST BE TRULY THE

CHAMBER, THE BODY, THE LEGISLATIVE BODY OF THE PEOPLE. YOU KNOW,

WE ALWAYS SAY THAT, BUT IT'S TIME FOR US TO REALLY BE THAT. SO I VOTE IN

THE AFFIRMATIVE FOR THIS BILL, CRITICALLY, AS I DID IN THE PRIOR BILL. STRAIGHT

AHEAD.

ACTING SPEAKER AUBRY: MS. GRIFFIN.

MRS. GRIFFIN: WOULD THE SPONSOR YIELD FOR A FEW

CLARIFYING QUESTIONS?

ACTING SPEAKER AUBRY: ONE MINUTE, MRS.

GRIFFIN.

MR. -- MR. ZEBROWSKI, MRS. GRIFFIN ASKS YOU TO YIELD.

MR. ZEBROWSKI: I APOLOGIZE, MR. SPEAKER. I'LL

YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

MA'AM.

MRS. GRIFFIN: OKAY. THANK YOU. THANK YOU, MR.

ZEBROWSKI. WE ARE HEARING A LOT OF RHETORIC TODAY, A LOT OF OPINIONS. I

JUST WANTED TO ASK YOU A FEW QUESTIONS TO CLARIFY SOME THINGS. WHILE

WE DISCUSSED THIS ISSUE IN CONFERENCE OVER COUNTLESS HOURS, WE FINALLY

CAME TO A CONSENSUS ON THIS LEGISLATION WITHOUT ANY INFLUENCE FROM THE

GOVERNOR'S OFFICE. ALTHOUGH MANY OF US WANTED TO REVOKE HIS POWERS

IMMEDIATELY, CAN YOU -- CAN YOU SHARE WHY WE OPTED FOR THIS

LEGISLATION?

MR. ZEBROWSKI: SURE. I'LL -- I'LL ATTEMPT TO

BROADLY DESCRIBE. THIS IS -- THIS IS A COMPLICATED ISSUE EMBEDDED IN A

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COMPLICATED PANDEMIC. EMBEDDED IN A COMPLICATED POLITICAL

ENVIRONMENT. AND FINDING CONSENSUS AMONGST LEGISLATORS WHO ARE

COMMITTED TO DOING THE BEST THEY CAN FOR THE STATE OF NEW YORK,

WITHIN ALL OF THAT HAS, YOU KNOW, PROVEN TO BE AS -- AS I THINK THE

PEOPLE OF NEW YORK STATE WOULD EXPECT, A RIGOROUS PROCESS. SO,

WITHOUT GOING INTO, YOU KNOW, ALL THE BACK-AND-FORTH CONVERSATIONS

THAT EVERY -- MANY PEOPLE HAVE ENGAGED IN OVER THE PAST, WHAT IS, YOU

KNOW, SEVERAL WEEKS, I THINK THERE WAS CONSENSUS THAT PEOPLE WANTED

TO RESTORE, AUGMENT LEGISLATIVE, PUBLIC AND MUNICIPAL INPUT IN THIS

PROCESS. I THINK THERE WAS CONSENSUS THAT THEY WANTED TO REVOKE AND

CURTAIL THE GOVERNOR'S POWERS. I THINK THERE WERE MANY DIFFERENT

OPINIONS ABOUT WHAT TO DO WITH EXISTING DIRECTIVES, HOW TO HANDLE

THEM. THOSE THAT BOTH PROTECT PUBLIC HEALTH, THOSE THAT ARGUABLY

PROTECT PUBLIC HEALTH, RIGHT -- AND BY "ARGUABLY" I MEAN THAT PEOPLE

SUPPORT SOME OF THEM, ARE SKEPTICAL OF OTHER PARTS OF IT. ISSUES THAT

HAVE HELPED LOCAL BUSINESSES' ABILITY TO TAKE OUT ALCOHOL PRODUCTS IN A

-- IN A SAFE WAY. ABILITY TO EXECUTE DOCUMENTS REMOTELY. ABILITY TO DO

CERTAIN REMOTE BANKING. THE ABILITY TO, YOU KNOW, VITALLY IMPORTANT TO

PRACTICE OUT OF SCOPE FOR THE LIMITED DURATION OF THIS PANDEMIC SO WE

CAN GET AS MANY PEOPLE VACCINATED AS QUICKLY AS POSSIBLE. HOW TO

HANDLE ALL THOSE THINGS WAS A ROBUST DISCUSSION THAT I COMPLIMENT ALL

MY COLLEAGUES ON. AND THIS WAS AN ATTEMPT -- OR I SHOULD SAY AND THIS

WAS A CONSENSUS WITHIN THAT LARGER DEBATE. OF COURSE THEN, YOU KNOW,

WE WERE ONLY ONE CONFERENCE AND ONE HOUSE, AND THE SENATE HAS

DULY-ELECTED SENATORS AND THEY HAVE THEIR OWN IDEAS AND SUGGESTIONS

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THAT I BELIEVE WE WENT BACK AND FORTH ON AND DROVE A CONSENSUS WITH

THE OTHER HOUSE. AND I BELIEVE WE'RE HAVING A ROBUST DIALOGUE AND

DEBATE HERE ON THE FLOOR AMONGST MANY COLLEAGUES. SO, YOU KNOW, THE

LEGISLATIVE PROCESS IS ARDUOUS AT TIMES. IT IS LENGTHY AT TIMES. IT IS -- IT

CAN BE BOTH INVIGORATING AND FRUSTRATING. BUT AT THE END OF THE DAY, IF

YOU'RE GOING TO COME TO A CONSENSUS AMONG 76-PLUS PEOPLE AROUND THE

DIVERSE STATE OF NEW YORK, THIS IS WHAT IT'S GOING TO BE.

MRS. GRIFFIN: THANK YOU VERY MUCH. THAT WAS A

GOOD -- A GOOD EXPLANATION.

WILL IT BE POSSIBLE FOR THE LEGISLATURE TO REPEAL ANY

EXECUTIVE ORDER?

MR. ZEBROWSKI: YES.

MRS. GRIFFIN: OKAY. AND CAN YOU BRIEFLY EXPLAIN

HOW THIS LEGISLATION GRANTS GREATER CONTROL AND POWER TO LOCAL

GOVERNMENTS?

MR. ZEBROWSKI: SURE. TWO WAYS: ONE, LOCAL

GOVERNMENTS HAVE BEEN UNABLE TO ISSUE ANY EXECUTIVE ORDERS

THROUGHOUT THE PENDENCY OF THIS PANDEMIC, IRRESPECTIVE OF THE

INTERRELATION WITH -- WITH EXECUTIVE ORDERS OR -- OR LAW OR -- OR

ANYTHING, RIGHT. THEY JUST COULDN'T DO IT, AND THAT'S WRONG. SO THIS

RE-EMPOWERS THEM TO THE EXTENT THAT THEY CAN ISSUE EXECUTIVE ORDERS

AND EXECUTIVE AUTHORITY WITHIN THEIR OWN JURISDICTIONS AS LONG AS IT

DOESN'T CONFLICT WITH STATE LAW OR A STATE DIRECTIVE, MORE ANALOGOUS TO

OUR GENERAL PREEMPTION LAWS AND DISCUSSIONS THAT WE WOULD BE HAVING

AT ANY TIME WITHIN THIS HOUSE. AND SECONDLY, THE SAME REVIEW PROCESS

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FOR EXECUTIVE ORDERS THAT DIRECTLY -- THAT ARE ON THE BOOKS NOW -- OF

COURSE WE'RE NOT TALKING ABOUT ANY NEW ONES BECAUSE THAT'S REVOKED --

BUT ON THE BOOKS NOW, ANY NEW -- I MEAN, ANY EXISTING EXECUTIVE

DIRECTIVES THAT DEAL WITH JUST THE MUNICIPALITY, THEY WOULD HAVE THAT

SAME REVIEW PROCESS, THAT SAME COMMENT PROCESS. THE RESPONSES

WOULD NEED TO BE PROVIDED ONLINE, AND HOPEFULLY THAT WOULD HELP

IDENTIFY AND NARROW THE ISSUES SO THAT THE THINGS WERE EITHER -- WHAT

THEY HAD CONCERNS WITH ARE CHANGED ON THE FRONT END OR PROVIDE THE

LEGISLATURE, US, THE AMMUNITION NECESSARY TO REVOKE AS THE

LEGISLATURE. I -- I'LL GIVE YOU THOSE TWO, BUT I THINK, YOU KNOW, SOME

OF THE OTHER THINGS THAT THIS BILL DOES AS A WHOLE WOULD BE IMPORTANT TO

THEM AS WELL.

MRS. GRIFFIN: THANK YOU. AND THIS LEGISLATION

PROVIDES US THE NECESSARY TIME TO EVALUATE ALL THE EXECUTIVE ORDERS

ISSUED TO DATE, AND THE DIRECTIVES, AND GIVES US THE OPPORTUNITY TO

DISCERN WHICH ONES SHOULD BE MAINTAINED WITH THE BACKUP OF FACTUAL

AND SCIENTIFIC DATA, AND WHICH SHOULD EXPIRE, BE CANCELED OR MODIFIED.

SINCE MOST OF US ARE NOT MEDICAL OR HEALTH EXPERTS, WILL IT BE NECESSARY

TO CONSULT WITH STATE HEALTH OFFICIALS AND OTHER EXPERTS?

MR. ZEBROWSKI: YES. IT'LL -- IT'LL BE NECESSARY. I

WOULD -- I WOULD THINK IT'LL BE VERY NECESSARY FOR US TO CONSULT WITH

PEOPLE IN OUR DISTRICTS, HEALTH OFFICIALS, OTHER STATES. ALL OF THE ABOVE.

MRS. GRIFFIN: THANK YOU VERY MUCH.

ON THE BILL, MR. SPEAKER.

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

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MRS. GRIFFIN: I SUPPORT THIS BILL BECAUSE IT IS A

PRAGMATIC WAY TO HOLD THE GOVERNOR ACCOUNTABLE WHILE PRIORITIZING THE

HEALTH AND WELL-BEING OF NEW YORKERS. WE MUST STILL REMEMBER THAT

PEOPLE ARE STILL DYING FROM COVID. SADLY, A HEALTHY MOM OF TWO

TEENAGERS AND A HIGH SCHOOL TEACHER LIVING IN MY DISTRICT PASSED AWAY

ABOUT TWO WEEKS AGO FROM COVID. SHE STRONGLY ENCOURAGED HER

STUDENTS TO WEAR MASKS AND MAINTAIN SOCIAL DISTANCE, AND SHE WAS A

REAL BRAVE AND COURAGEOUS WOMAN. AND HOW SAD THAT HER CHILDREN WILL

BE IN HIGH SCHOOL AND THEY MIGHT GO TO THEIR PROM OR GRADUATE OR HAVE

EVENTS AT THE END OF THE YEAR, AND THEIR MOM WON'T BE THERE. SO WE

ALWAYS HAVE TO REMEMBER THE PEOPLE THAT ARE LOST, WHO WERE LOST THIS

ENTIRE TIME, BUT ARE STILL DYING TODAY. I, TOO, ALONG, WITH MANY OF MY

CONSTITUENTS ARE EXTREMELY FRUSTRATED WITH MANY OF THE GOVERNOR'S

DIRECTIVES AND WILL WORK DILIGENTLY TO RESOLVE DIRECTIVES THAT NO LONGER

MAKE SENSE OR SEEM ERRATIC AS WE RECOVER AND COME BACK EVEN

STRONGER FROM THIS PANDEMIC. I THINK MOST OF US HERE TODAY WOULD LOVE

TO REVOKE THE GOVERNOR -- THE GOVERNOR'S EMERGENCY POWERS. BUT THAT

WOULD BE REACTIVE AND AN IRRESPONSIBLE APPROACH THAT WOULD RESULT IN

CHAOS, AND WE DO NOT HAVE THAT LIBERTY. AND THERE ARE MANY ISSUES TO

SPEAK ON REGARDING THE GOVERNOR. I'M NOT SPEAKING ON THOSE TODAY,

I'M KEEPING MY COMMENTS TO THIS BILL ALONE.

SO, I AM A COSPONSOR OF THIS BILL AND I COMMEND THE

SPONSOR FOR BRINGING IT TO THE FLOOR AND I WILL BE VOTING IN THE

AFFIRMATIVE. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU.

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MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: THANK YOU. SO I FIGURED I'D GIVE MR.

ZEBROWSKI A CHANCE TO JUST KIND OF RELAX FOR A MINUTE. IT HAS BEEN A

REALLY LONG DAY FOR ALL OF US. I THINK THAT WHEN THEY PUT OUT A JOB

DESCRIPTION FOR ASSEMBLYMEMBER THEY REALLY NEED TO INCLUDE THE WORD

"STAMINA" SOMEWHERE BECAUSE IT CERTAINLY TAKES A LOT OF STAMINA. BUT I

WILL ALSO SAY THAT I FEEL VERY FORTUNATE TO BE AN INDIVIDUAL WHO'S

ALLOWED TO BE IN THE CHAMBER RIGHT NOW, BECAUSE EVEN THOUGH IT'S BEEN

A REALLY LONG DAY I THINK THAT I'VE HAD THE ADVANTAGE OF BEING ABLE TO

REALLY SIT AND REALLY ACTIVELY LISTEN TO ALL OF THE DEBATE, BOTH ON THE

HOSTILE AMENDMENT AT THE BEGINNING OF THE DAY AND NOW ON THE

BILL-IN-CHIEF. AND, YOU KNOW, I -- I NOTICED THAT THERE ARE QUITE A FEW

CAMERAS THAT ARE OFF RIGHT NOW FROM MY COLLEAGUES, AND I GET IT. BUT I

-- I THINK THAT IT'S REALLY IMPORTANT TO DEEPLY LISTEN AND WHAT -- SO WHAT

I DID IS, I'M A NOTE TAKER. I WROTE A LOT OF NOTES DOWN. SO I'M GOING TO

KIND OF TALK A LITTLE BIT ABOUT WHAT I EXPECTED TO TALK ABOUT, AND THEN

I'M PROBABLY GOING TO GO INTO SOME OF MY NOTES. SO, HOPEFULLY, I DON'T

-- I DON'T SEEM -- I DON'T SEEM TOO DISORGANIZED.

I GUESS THE FIRST THING I WANT TO ANSWER IS - AND THIS

HAS BEEN MENTIONED BY OTHER PEOPLE - BUT FOR THE PEOPLE WHO MAY BE

WATCHING THIS AT SOME POINT OR MAY CALL ME TOMORROW, I WROTE DOWN,

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DOES THIS BILL TERMINATE THE GOVERNOR'S EXTRAORDINARY EXECUTIVE

POWERS? NO. NO, IT DOES NOT. SO WHAT IT SAYS UP THERE (INDICATING) AS

THE DESCRIPTION, RELATES TO THE TERMINATION OF CERTAIN EXECUTIVE POWERS

BY THE LEGISLATURE. YEAH, THAT'S -- THAT'S ACCURATE. BUT THE WAY THAT IT'S

-- THE WAY THAT THIS BILL HAS BEEN PROMOTED AND KIND OF MARKETED AND

SPUN OVER THE LAST COUPLE OF DAYS SOUNDED LIKE ALL OF THE GOVERNOR'S

EXTRAORDINARY POWERS WERE GOING TO BE REVOKED, TAKEN AWAY. YOU

KNOW, DONE. RESTORE CHECKS AND BALANCE, ALL THAT STUFF. BUT THAT'S NOT

REALLY WHAT THE BILL DOES, SO LET'S -- LET'S -- LET ME TALK ABOUT THAT A LITTLE

BIT. THIS BILL ALLOWS FOR THE GOVERNOR TO CONTINUE TO AMEND OR MODIFY

ANY OF HIS PRIOR DIRECTIVES SO LONG AS HIS FRIEND HOWARD ZUCKER SAYS

THAT THE PARTICULAR DIRECTIVE IS RELATED TO MANAGING THE COVID-19

PANDEMIC. SO OUT OF ALL THOSE DIRECTIVES - WHICH I REVIEWED AND THERE

ARE A BOATLOAD OF THEM - I DON'T SEE ANY THAT ARE NOT RELATED TO

MANAGING THE COVID-19 PANDEMIC BECAUSE THAT'S VERY, VERY BROAD

LANGUAGE. SO ARGUABLY, THE GOVERNOR GETS TO KEEP ALL THE ONES HE

ALREADY DID. AT LEAST, YOU KNOW, PROBABLY. WHICH ONES ARE THOSE?

WELL, THERE ARE, I DON'T KNOW, A HUNDRED, COUPLE HUNDRED. YOU KNOW

WHAT THEY ARE AS THEY RELATE TO RESTAURANTS, INDOOR DINING, OUTDOOR

DINING, SEATING CAPACITY. WHETHER YOU HAVE TO ORDER SOMETHING TO EAT

THAT'S SUBSTANTIAL. SAFE DISTANCING IN RESTAURANTS. BARS VERSUS

RESTAURANTS, THE MAXIMUM NUMBER OF PEOPLE AT A TABLE. WHETHER YOU

HAVE TO WEAR A MASK WITHIN THE RESTAURANT. CURFEWS. AND I MEAN,

THAT'S JUST THE ONES THAT RELATE TO RESTAURANTS. WE KNOW THAT THERE ARE

SO MANY DIRECTIVES THAT COVER SO MANY OTHER THINGS. SO, I WAS THINKING

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ABOUT MY FAVORITE RESTAURANT IN MY TOWN, WHICH I WON'T NAME. BUT IF

YOU'RE THAT RESTAURANT OWNER AND YOU'RE WATCHING THIS DEBATE OR YOU

HEARD ABOUT THIS BILL REPORTED IN THE MEDIA SAYING THAT THE GOVERNOR'S

POWERS ARE BEING REVOKED, YOU'RE THINKING, GREAT, RIGHT? AT LAST. I'M

A SMALL BUSINESS AND I'VE BEEN HOLDING ON BY A THREAD. AND MY

EMPLOYEES, AT LEAST THE ONES I DIDN'T HAVE TO LAY OFF ALREADY, WE'RE

GOING TO BE SO EXCITED TO BE ABLE TO REOPEN. BUT AS WE'VE TALKED ABOUT

TODAY, WHEN YOU WAKE UP TOMORROW GUESS WHAT? NOTHING CHANGED.

THIS BILL PASSES THE ASSEMBLY TODAY, THE SENATE TODAY. IT GOES TO THE

GOVERNOR'S DESK. HE'S GOT TEN DAYS TO SIGN IT. SO TEN DAYS PASS OR

BEFORE, HE SIGNS IT. THAT'S THE EFFECTIVE DATE AND THEN WE STOP AT THAT

POINT. AND ACCORDING TO THIS BILL WE ASK OURSELVES, WHAT DIRECTIVES ARE

ALREADY OUT THERE? THAT'S THE DATE TO MEASURE THAT BY. NOW, SO

BETWEEN TODAY AND WHEN THE GOVERNOR SIGNS IT, THE GOVERNOR COULD, I

SUPPOSE - I DON'T KNOW IF HE WILL, WHO KNOWS, RIGHT - THE GOVERNOR

COULD SUBMIT A WHOLE BUNCH OF OTHER DIRECTIVES BECAUSE THAT WOULD

EXPAND THE SCOPE OF WHAT HE COULD GET TO KEEP UNDER HIS LITTLE POWER

UMBRELLA. BUT THEN THE DIRECTIVES THAT ARE IN PLACE, HOWEVER MANY

THEY ARE THAT WE MEASURE AT THE TIME THAT, YOU KNOW, THE -- THE DATE

THAT WE MEASURE IT BY, THEY'RE ALL ELIGIBLE TO BE CONTINUED FOR ANOTHER

30 DAYS. SO SOMETIME DURING THAT POINT THE GOVERNOR SAYS TO HIS

APPOINTEE, DR. HOWARD ZUCKER, YOU KNOW, I NEED THOSE RESTAURANT

DIRECTIVES TO STAY PUT, AND ZUCKER SAYS -- AND IT'S IN HIS SOLE DISCRETION

-- ALL RIGHT. I SEE THAT. ALL THE RESTAURANT DIRECTIVES THAT HAD TO DO

WITH STOPPING THE SPREAD OF COVID-19. SO THOSE RESTAURANT DIRECTIVES

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ARE GOING TO STAY WITHIN THE GOVERNOR'S CONTROL. HE GETS TO AMEND

THEM OR MODIFY THEM. HE GETS TO EXTEND THEM IN 30-DAY INCREMENTS OF

TIME, JUST AS HE HAS BEEN DOING. BEFORE HE EXTENDS OR MODIFIES THEM,

THOUGH, HE'S GOT TO E-MAIL THE MAJORITY LEADERS AND THE RELEVANT

COMMITTEE CHAIR OF THE COMMITTEE CONCERNED WITH THE DIRECTIVE. ALL

RIGHT. WELL, YOU KNOW, GOOD LUCK FIGURING -- I DON'T KNOW WHO FIGURES

THAT OUT, WHAT THE RELEVANT COMMITTEE IS. I WAS THINKING, IT WAS FUNNY,

ONE OF MY COLLEAGUES BROUGHT UP RACETRACKS. I'VE GOT A RACETRACK NEXT

TO MY DISTRICT. SO IF YOU'VE GOT A DIRECTIVE THAT HAS TO DO WITH, SAY, A

RACETRACK, DOES THAT GO TO THE CHAIR OF HEALTH, RIGHT, BECAUSE MAYBE IT'S

A HEALTH MEASURE? IS IT RACING AND WAGERING? IS IT TOURISM? I DON'T

KNOW. I DON'T KNOW WHO FIGURES THAT OUT, BUT I GUESS SOMEBODY WILL. I

DON'T -- I DON'T KNOW. SO AND THEN WHEN THOSE -- THOSE PEOPLE GET

NOTIFIED ABOUT THE INTENT TO AMEND OR MODIFY AND WHY THE GOVERNOR

WANTS TO DO IT AND EVERYTHING, THEN WE GET -- THOSE THAT -- I DON'T GET IT.

I MEAN, I'M NOT ONE OF THOSE PEOPLE ON THAT LIST. I'M -- I'M A RANKER ON

SOMETHING OR, YOU KNOW, I'M ON THE MINORITY SO WE DON'T GET ANYTHING.

BUT THOSE PEOPLE THAT ARE NOTIFIED, THEY GET AN OPPORTUNITY TO

COMMENT. SO ISN'T THAT NICE? YOU KNOW, ISN'T THAT NICE? I DON'T KNOW

IF THEY'LL SET UP LIKE A LITTLE COMMENT BOX OR SOMETHING. I DON'T KNOW

HOW THEY'RE GOING TO DO THAT. BUT I'VE BEEN COMMENTING FOR THE LAST

YEAR BY LETTER -- I'VE WRITTEN MORE LETTERS TO THE GOVERNOR IN THIS PAST

YEAR THAN I DID EVER. I MEAN, I -- I'VE BEEN CONSTANTLY COMMENTING ON

ALL OF THESE ARBITRARY RULES THAT THE GOVERNOR HAS SET UP. BUT ANYWAY,

SO WE GET TO COMMENT. I DON'T, AGAIN, BUT SOMEBODY GETS TO COMMENT.

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THE GOVERNOR, I GUESS, NEEDS TO RESPOND TO THOSE COMMENTS, BUT THE

COMMENTS AREN'T BINDING OR ANYTHING. HE COULD STILL MODIFY, AMEND OR

EXTEND UNLESS THE LEGISLATURE TERMINATES BY CONCURRENT RESOLUTION THE

EXECUTIVE ORDER, IF THAT HAPPENS. IT HASN'T, YOU KNOW, HAPPENED YET

BUT, YOU KNOW, WE ALL HOLD OUT HOPE.

DOES THE -- LET'S SEE. OH, WHEN DO THE GOVERNOR'S

CONTINUED POWERS SUNSET? WHEN HE SAYS THAT THE EMERGENCY'S OVER OR

WHEN THE LEGISLATURE SAYS IT'S OVER. SO THAT COULD LAST FOR A WHILE

BECAUSE, YOU KNOW, I HEARD THE GOVERNOR A COUPLE OF DAYS AGO, HE WAS

TALKING ABOUT THE -- THE PANDEMIC AND HE WAS SAYING, YOU KNOW, THIS

-- THIS ISN'T A NEW THING. WE'VE HAD SARS, WE'VE HAD MERS. WE HAVE

NOW COVID-19. THEN WE HAVE THE COVID VARIANTS. WE'VE GOT THE

ONE FROM SOUTH AFRICA, WE'VE GOT THE ONE FROM GREAT BRITAIN. SO, YOU

KNOW, HE -- HE WAS EVEN SAYING, YOU KNOW, THIS COULD GO ON FOR A GOOD

MORE WHILE. SO, I DON'T KNOW. SO, ANYWAY, BROAD LANGUAGE. THE

CHAIR WOULD -- WE DON'T KNOW WHO DETERMINES WHO THE RELEVANT

COMMITTEE CHAIR IS. THE OPPORTUNITY TO COMMENT. NO REAL EXPIRATION

DATE. I GUESS I'M COVERING THROUGH THIS STUFF OKAY.

SO ONE OF THE QUESTIONS I GUESS I HAD -- BUT AGAIN, I'M

GIVING MR. ZEBROWSKI A BREAK -- IS THE -- THE SCOPE OF THE PRIOR

DIRECTIVES AND HOW DO WE DECIDE WHETHER IT'S A NEW DIRECTIVE OR

WHETHER IT'S A MODIFICATION OF AN EXISTING ONE? SO, LIKE, FOR EXAMPLE,

THERE ARE NUMEROUS EXISTING DIRECTIVES REGARDING GATHERINGS. BUT, YOU

KNOW, THE GOVERNOR WAS TALKING TUESDAY ABOUT THIS IDEA OF A

COVID-19 PASSPORT THAT YOU ARE GOING TO NEED IN ORDER TO GET INTO

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ARENAS OR THEATERS OR BUSINESSES. SO WOULD THAT BE A MODIFICATION OR

AN AMENDMENT OF AN EXISTING GATHERING DIRECTIVE, OR IS THAT A NEW ONE?

WHICH, HE CAN'T DO A NEW ONE. SO, I DON'T KNOW. I -- I GUESS DR.

ZUCKER DECIDES IN HIS SOLE DISCRETION WHETHER IT'S AN AMENDMENT OR A

MODIFICATION OF AN EXISTING DIRECTIVE. BUT I DON'T KNOW. THAT SEEMS

CONFUSING TO ME.

YOU KNOW, ONE OF MY COLLEAGUES MENTIONED AND I

THOUGHT IT WAS A REALLY GOOD POINT, THERE -- THERE'S NOTHING -- I MEAN, I

-- I -- APPRECIATE THE PREVIOUS ANSWER THAT THE SPONSOR GAVE ABOUT, YOU

KNOW, THE DIFFICULTY, I'M SURE -- I CAN ONLY IMAGINE TO BE A FLY ON THE

WALL OF SOME OF THE DEMOCRATIC CONFERENCES TO TRY TO REACH CONSENSUS

ON ANY KIND OF LANGUAGE TO PRESENT. I GET IT. BUT, YOU KNOW, I WOULD

NOTE THAT THIS LEGISLATION COULD HAVE TAKEN THE STEP OF SPECIFICALLY

WITHDRAWING OR CANCELING OUT DIRECTIVES IN THIS LEGISLATION, BUT IT

DOESN'T. I THOUGHT IT WAS INTERESTING THAT SOME MEMBERS MENTIONED

THAT -- I DON'T KNOW, THERE WAS SOMETHING -- THERE WAS A COMMENT

ABOUT THAT SOME PEOPLE ON THIS SIDE OF THE AISLE, I GUESS MY SIDE OF THE

AISLE, THINK THAT EVERYTHING SHOULD JUST BE OPENED UP TOMORROW. I

HONESTLY -- I'VE BEEN SITTING HERE ALL DAY, I DIDN'T -- I DIDN'T HEAR

ANYBODY SAY THAT. I MEAN, WE HAVE CONSTITUENTS WHO SAY THAT. BUT, I

DON'T KNOW, MOST OF THE PEOPLE THAT I TALKED TO HAVE BEEN DELUGED OVER

THE LAST YEAR-PLUS OF -- I CAN'T EVEN DRIVE HOME WITHOUT SEEING A HUGE

FLASHING SIGN THAT SAYS, ONE SMALL ASK, WEAR A MASK. RIGHT? WE KNOW

ALL ABOUT SOCIAL DISTANCING. WE'VE BECOME EXPERTS IN IT. IT'S ALMOST

LIKE YOU CAN'T GET THROUGH A CONVERSATION WITH A FRIEND OR A COLLEAGUE

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WITHOUT GETTING DRAWN INTO THE CONVERSATION OF SHOULD YOU WEAR ONE

MASK, SHOULD YOU WEAR TWO MASKS. BUT IT -- I MEAN, I DON'T THINK THAT

I'VE REALLY HEARD A LOT OF PEOPLE SAY, IMMEDIATELY, TOMORROW, WE WANT

EVERYTHING OPENED UP. I CERTAINLY DIDN'T HEAR THAT TODAY ON DEBATE.

SO I ALSO HEARD SEVERAL OF MY COLLEAGUES TALK ABOUT

THE -- THE -- THE COMPARE AND CONTRAST BETWEEN THE HOSTILE AMENDMENT

THAT I PUT FORWARD AND THIS BILL-IN-CHIEF, AND THAT THE HOSTILE

AMENDMENT WOULD HAVE CREATED CHAOS BECAUSE THE MOMENT IT WAS

PASSED IT WOULD HAVE JUST WIPED OUT ALL THE DIRECTIVES AND IT WOULD

HAVE BEEN CHAOS AND IT WOULD HAVE BEEN BAD FOR PUBLIC HEALTH AND

SAFETY. THAT'S AN INTERPRETATION THAT I DON'T HAPPEN TO SHARE. BUT I

THINK THAT REALLY THE POINT OF THE AMENDMENT THAT WE -- THAT I PUT

FORWARD WAS REALLY TO SAY THAT THE -- THE POWER NEEDS TO COME BACK TO

THE LEGISLATURE, AND THE AUTHORITY TO MAKE LAW RESIDES WITH THE

LEGISLATURE. AND MY CONCERN WITH THIS BILL IS THAT IT CONTINUES TO VEST

THE GOVERNOR WITH AN AWFUL LOT OF POWER, BECAUSE HE DID SO MANY OF

THESE DIRECTIVES AND EXECUTIVE ORDERS THAT EVEN IF YOU BACK OUT THE

ONES THAT MAYBE DON'T HAVE ANYTHING TO DO WITH COVID OR PUBLIC

HEALTH IT STILL LEAVES AN AWFUL LOT LEFT THAT HE CAN AMEND OR MODIFY.

I WOULD NOTE THAT ALTHOUGH THE SPONSOR TALKED A BIT

ABOUT THE ORDERLY PROCESS OF REVIEWING THESE DIRECTIVES. THAT ORDERLY

PROCESS DOES CUT OUT THE MINORITY PARTY. SO I -- AND WITH ALL DUE

RESPECT TO THE SPONSOR WHO INDICATED SO MANY TIMES TODAY THAT HE

WOULD BE HAPPY TO WORK WITH THOSE OF US ON THIS SIDE OF THE AISLE ON

CREATING NEW LANGUAGE OR WORKING TOGETHER ON SO MANY THINGS, YOU

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KNOW, WITH ALL DUE RESPECT THAT'S NOT GENERALLY HOW THINGS GO AROUND

HERE.

I ALSO THINK THAT, YOU KNOW, THE -- SOME OF THE PEOPLE

WHO ARE VOTING IN FAVOR OF THIS LEGISLATION TALK ABOUT THIS AS A FIRST STEP.

I DON'T SEE IT AS A FIRST STEP. I SEE IT AS BASICALLY CHECKING A BOX. YOU

KNOW, I DON'T BELIEVE, REALLY, THAT -- TODAY'S, WHAT, MARCH 6TH [SIC] -- I

-- I THINK THAT REALLY TURNING FROM TODAY TO TOMORROW AND NEXT WEEK,

ALL EYES ARE GOING TO BE ON THE DEVELOPMENT OF THE BUDGET, AND -- AND

THAT'S WHERE THE ATTENTION'S GOING TO BE FOCUSED. IT'S NOT GOING TO BE ON

REVIEWING THESE 200 OR SO DIRECTIVES AND TRYING TO FOLLOW THIS ORDERLY

PROCESS. I DON'T BELIEVE THAT.

SO I THINK THAT THE -- THE -- THE MAJORITY HERE HAS BEEN

MEETING FOR HOURS AND HOURS EVERY DAY, BUT IT WAS REALLY OUR

CONFERENCE THAT'S ATTACHING, I BELIEVE, A HOSTILE AMENDMENT SIX TIMES

AND THEN TO HAVE EVERY SINGLE BILL THAT WAS ON THE CALENDAR THAT REALLY

FORCED THIS BILL FORWARD, I THINK. AND I THINK THAT'S GOOD, BUT I DON'T

THINK THAT THIS -- THIS BILL REALLY DOES IT. I DON'T THINK THAT IT -- IT DOES

ENOUGH TO REALLY CURB THE ABUSE AND EXCESS OF THE GOVERNOR'S POWER,

AND I JUST -- I CANNOT SUPPORT IT. SO WHILE I APPRECIATE ALWAYS MY

COLLEAGUES BRINGING FORWARD LEGISLATION FOR OUR DEBATE AND

CONSIDERATION, I WILL NOT BE SUPPORTING THIS BILL. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MR. PERRY.

MR. PERRY: THANK YOU, MR. SPEAKER. GOOD

EVENING. IT'S BEEN A LONG DEBATE, BUT IT'S WORTH OUR TIME.

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MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. PERRY: AS MUCH AS SOME MAY CLAIM IT TO BE

THE CASE, THIS DEBATE TODAY IS NOT ABOUT THE ALLEGATIONS OF IMPROPER

BEHAVIOR FROM WHICH OUR -- WHICH OUR GOVERNOR HAS BEEN ACCUSED BY

SOME YOUNG WOMEN. NOR IS THIS ABOUT THE OTHER ISSUES THAT MADE THE

FRONT PAGE OF THE NATIONAL NEWSPAPERS REGARDING OUR HARD-WORKING

COLLEAGUE FROM QUEENS. MY CONSTITUENTS, WHO I PROUDLY REPRESENT IN

THIS HOUSE, AND ALL NEW YORKERS WHO ARE TUNED INTO THIS DEBATE AND

WHO PAY ATTENTION TO OUR STATE GOVERNMENT SHOULD KNOW THAT THIS IS

ABOUT THE POWERS OF THIS LEGISLATURE AS AN EQUAL BRANCH OF STATE

GOVERNMENT VIS-�-VIS THE EXECUTIVE BRANCH HEADED BY THE GOVERNOR.

NEW YORKERS SHOULD UNDERSTAND THAT THIS IS ABOUT THE LEGISLATIVE

PROCESS OF POWER SHARING AND ABOUT US DOING OUR JOBS AS WE SHOULD.

THIS BILL IS NO FLEXING OF OUR LEGISLATIVE MUSCLE. THIS, MR. SPEAKER, IS

A NECESSARY EXERCISE OF OUR RESPONSIBILITY AS THE LEGISLATURE TO ENSURE

THAT WE ARE ADEQUATELY ABLE AND ENABLED TO REPRESENT THE BEST INTERESTS

OF OUR CONSTITUENTS AT ALL TIMES. A YEAR AGO WE DELIBERATED EXTENSIVELY

AND TOOK A LOT OF TIME AND YET ACTED EXPEDITIOUSLY TO ENSURE THAT OUR

STATE GOVERNMENT WAS ABLE TO DO ALL THAT WAS POSSIBLE TO PROTECT THE

LIVES AND THE BEST INTERESTS OF ALL NEW YORKERS. WE DETERMINED THAT IT

WAS WISE TO CEDE EXTRA AND ADEQUATE POWERS TO THE GOVERNOR TO TAKE

ACTIONS THAT AT TIMES NEEDED TO BE SWIFT AND DECISIVE TO RESPOND TO A

DEADLY AND RAGING PANDEMIC THAT EVEN TODAY STILL TAKES THE LIVES OF

MANY NEW YORKERS. IT WAS PRUDENT AT THAT TIME TO FULLY EMPOWER THE

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GOVERNOR TO BE ABLE TO TAKE THOSE ACTIONS DETERMINED NECESSARY AND

DETERMINED AS URGENT. AS EVIDENCED BY THE POSITIVE PUBLIC APPROVAL OF

THE GOVERNOR'S PERFORMANCE AT THE HEIGHT OF THE PANDEMIC, I BELIEVE

WE CAN REASONABLY CONCLUDE THAT NEW YORKERS APPROVED OF THE ACTION

WE TOOK. OF COURSE OVER TIME, APPROPRIATE QUESTIONS AND CONCERNS

HAVE BEEN EXPRESSED REGARDING THE NEED TO CONCEDE -- THE NEED FOR US

TO CONTINUE TO CEDE SUCH EXTRA POWERS TO THE GOVERNOR. IN RESPONSE TO

THE VOICES OF THE PEOPLE WE REPRESENT, WE HAVE BEEN COMPELLED TO

REEXAMINE AND RECONSIDER THE NECESSITY TO CONTINUE TO ALLOW THE

EXECUTIVE BRANCH TO EXERCISE ALL THE POWERS THAT WE CEDED TO HIM.

THAT, MR. SPEAKER, IS A REASONABLE AND NOT SUCH AN UNUSUAL

DEVELOPMENT. THE PEOPLE WE SERVE HAVE A RIGHT TO BE CONCERNED ABOUT

TREMENDOUS POWER BEING IN THE HANDS OF ONE PERSON. IT'S A FAIR AND

RATIONAL POSITION, AND TODAY WE RESPONDED TO THOSE CONCERNS. AND

HAVING PARTICIPATED IN THE EXTENSIVE DELIBERATIONS OF THIS MATTER, I AM

FULLY CONVINCED THAT IT IS APPROPRIATE THAT WE REINSTATE THE POWER

SHARING AND EXERCISING LEGISLATIVE PREROGATIVE, AND REIMPOSE THE

CHECKS AND BALANCES WHICH ARE TRADITIONALLY REVERED IN AMERICAN

DEMOCRACY.

SO, MR. SPEAKER, I JUST WANT TO MAKE SURE THAT NEW

YORK CITIZENS, ESPECIALLY THOSE THAT I REPRESENT, ARE FULLY AWARE THAT OUR

VOTE TODAY IS NOT ABOUT PUNISHING THE GOVERNOR. WE ARE SIMPLY

EXERCISING OUR DUTY TO ENSURE THAT GOVERNMENT RUNS EFFICIENTLY AND

EFFECTIVELY, AND THAT THE PRINCIPLES UPON WHICH OUR DEMOCRACY IS BUILT

AND OPERATE REMAIN STRONG. SO, MR. SPEAKER, AGAIN, I CLEARLY WANT TO

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MAKE SURE THAT WE DO NOT CONNECT OUR ACTIONS TODAY TO THE OTHER

MATTERS AFFECTING THE GOVERNOR. I'M HOPEFUL AND ASSURED THAT THOSE

WOULD BE RESOLVED IN A MANNER OUR SYSTEM OF GOVERNMENT PROVIDES FOR

FAIR AND APPROPRIATE RESOLUTION OF THOSE MATTERS.

I'D LIKE TO COMMEND THE SPONSOR, MR. SPEAKER, AND

ALSO OUR SPEAKER. I KNOW IT WAS A HARD ROAD AND THE CHALLENGE WAS

GREAT. ALSO, THE LEGISLATIVE TEAM THAT WORKED SO HARD ON THIS VERY

TOUGH TASK TO BRING US TO A CONSENSUS AND ONE THAT WE HOPE WILL GET US

ON THE RIGHT ROAD.

THANK YOU, MR. SPEAKER. I YIELD.

ACTING SPEAKER AUBRY: MR. ABINANTI.

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

MR. ZEBROWSKI SUBMIT TO ONE QUESTION?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI FOR A

QUESTION.

MR. ABINANTI: MR. ZEBROWSKI, AM I READING

SECTION 5 CORRECTLY WHERE IT SAYS THE LEGISLATURE MAY TERMINATE BY

CONCURRENT RESOLUTION EXECUTIVE ORDERS ISSUED UNDER THIS SECTION AT

ANY TIME? THAT'S UM... DO I HAVE THE RIGHT PLACE? I'M SORRY, I'M

READING THE WRONG ONE. LET'S START AGAIN. LET'S GO TO SECTION 5. THE

LEGISLATURE MAY TERMINATE AT ANY TIME A DISASTER EMERGENCY ISSUED

UNDER THIS SECTION BY CONCURRENT RESOLUTION. THAT IS A NEW POWER FOR

THE LEGISLATURE, CORRECT?

MR. ZEBROWSKI: YES. YES, MR. ABINANTI. THAT

IS A NEW POWER FOR THE LEGISLATURE AND ONE THAT I BELIEVE IS VERY

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IMPORTANT.

MR. ABINANTI: YES, PREVIOUSLY WE WOULD HAVE

HAD TO HAVE PASSED A LAW AND HAVE THE GOVERNOR SIGN THAT LAW?

MR. ZEBROWSKI: THAT'S RIGHT.

MR. ABINANTI: SO, IF -- BUT THIS IS JUST A

CONCURRENT RESOLUTION, WHICH MEANS A MAJORITY OF BOTH HOUSES

WITHOUT THE GOVERNOR'S SIGNATURE, CORRECT?

MR. ZEBROWSKI: THAT'S RIGHT.

MR. ABINANTI: THANK YOU. A VERY IMPORTANT NEW

POWER TO THE LEGISLATURE.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. ABINANTI: YES, ON MARCH 2 THIS LEGISLATURE

PASSED CHAPTER 23 OF THE LAWS OF 2020 TO ENHANCE THE EMERGENCY

POWERS OF THE GOVERNOR. ON MARCH 2, 2020 I VOTED NO. I VOTED

AGAINST CHAPTER 23. I VOTED NO, AS I SAID ON THE FLOOR THAT DAY, BECAUSE

I WANTED DECISIONS AFFECTING THE HEALTH OF NEW YORKERS TO BE MADE BY

THE STATE'S HEALTH OFFICIALS, NOT BY AN ELECTED OFFICIAL. I WOULD HAVE

PREFERRED THAT WE HAD SOME DIFFERENT KIND OF LEGISLATION TO ENSURE -- TO

ENHANCE THE POWERS OF THE HEALTH COMMISSIONER, NOT THE GOVERNOR.

BUT THE LEGISLATURE SAW FIT TO PASS CHAPTER 23, AND TODAY WE VISIT

AGAIN CHAPTER 23. WE REVISIT THAT DETERMINATION. TODAY IS DIFFERENT

THAN MARCH 2, 2020. TODAY WE KNOW FAR MORE ABOUT COVID-19, BUT

WE STILL DON'T KNOW EVERYTHING WE NEED TO KNOW. TODAY, NUMEROUS

EXECUTIVE ORDERS HAVE BEEN ISSUED BY THE GOVERNOR. SOME PURSUANT

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TO CHAPTER 23 AND SOME PURSUANT TO OTHER POWERS THAT HE HAS

INHERENTLY OR UNDER THE STATUTES. CHAPTER 23 IS ABOUT TO EXPIRE AT THE

END OF APRIL. THIS BILL DOES THREE VERY IMPORTANT THINGS: ONE, IT

REPEALS CHAPTER 23 IMMEDIATELY. TWO, THIS BILL CONTINUES EXISTING

EXECUTIVE ORDERS. AND THREE, THIS BILL GIVES THE LEGISLATURE SOME NEW

POWERS. I AM PLEASED THAT THIS BILL REPEALS CHAPTER 23. IT'S VERY CLEAR

IN THIS BILL THAT SECTION IS REPEALED AND IT EXPIRES IMMEDIATELY. I AM

PLEASED THAT THIS BILL GIVES THE LEGISLATURE A NEW IMPORTANT POWER.

YOU HEARD MR. ZEBROWSKI ANSWER MY QUESTION. THE LEGISLATURE MAY

TERMINATE A STATE DISASTER EMERGENCY DECLARATION. NOT JUST THE PRESENT

ONE, BUT ANY ONE IN THE FUTURE. THAT IS AN EXTREMELY IMPORTANT

ENHANCEMENT OF THE POWER OF THE LEGISLATURE WHICH WE DID NOT HAVE

BEFORE. AND WE CAN DO IT BY CONCURRENT RESOLUTION. WE DON'T NEED

THE GOVERNOR'S CONSENT. SOME OF MY COLLEAGUES HAVE EXPRESSED

CONCERNS ABOUT A GOVERNOR DRAGGING ON SOME EMERGENCY DECLARATION.

THIS RETURNS THE POWER TO THE PEOPLE IN THIS HOUSE TO OVERTURN A

GOVERNOR'S DECLARATION IF SOME GOVERNOR DECIDES TO DRAG IT ON TOO

LONG.

WITH RESPECT TO THE EXECUTIVE ORDERS, MR. SPEAKER,

THIS BILL DOES SOME VERY IMPORTANT THINGS: ONE, IT LIMITS THE

GOVERNOR'S POWER TO ISSUE NEW AND TO REISSUE EXISTING DIRECTIVES.

SECONDLY, IT REAFFIRMS THE LOCAL GOVERNMENTS' POWER. AND THIRDLY, IT

ESTABLISHES AN ORGANIZED PROCESS FOR INVOLVING THE LEGISLATURE IN

DEALING WITH THIS PANDEMIC. ON THIS LAST POINT LET US REMEMBER --

REMEMBER THAT IT'S THE GOVERNOR WHO ISSUES THE DECLARATION OF DISASTER.

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AND SOME OF THE THINGS THAT WE TALK ABOUT DOING AND WHICH THE

GOVERNOR HAS DONE THROUGH EXECUTIVE ORDER, I BELIEVE ARE PERMISSIBLE

ONLY BECAUSE OF THAT DECLARATION OF EMERGENCY. I DON'T THINK WITHOUT

THAT DECLARATION THIS HOUSE WOULD START TO RESTRICT THE NUMBER OF PEOPLE

WHO CAN CONGREGATE IN ONE PLACE OR THE HOURS OF A BUSINESS. YOU NEED

THAT EMERGENCY DECLARATION SO WE NEED TO HAVE A PARTNERSHIP WITH THE

GOVERNOR. AND THE BILL THAT HAS BEEN PRESENTED BY -- BY MR.

ZEBROWSKI TODAY AND IS BEFORE US TODAY CEMENTS THAT PARTNERSHIP. IT

BRINGS US INTO THE EMERGENCY SITUATION SO WE, TOO, HAVE A BASIS FOR

REGULATING CONDUCT IN AN EMERGENCY SITUATION. FURTHER, WE MUST

RECOGNIZE THAT MANY OF THE EXECUTIVE ORDERS HAVE HAD A SIGNIFICANT

IMPACT ON LIMITING THE SPREAD OF COVID-19. IF WE ARE CONCERNED

ABOUT THE HEALTH AND SAFETY OF NEW YORKERS, WE NEED TO HAVE A UNITED

STATEWIDE EFFORT TO COORDINATE THE RESPONSE TO THE COVID-19

PANDEMIC. WE CANNOT HAVE ONE COUNTY REQUIRING MASKS AND ANOTHER

NOT. WE CANNOT HAVE ONE COUNTY PRIORITIZING VACCINATIONS TO MEDICAL

PERSONNEL, ANOTHER TO SENIORS, ANOTHER TO TEACHERS, ANOTHER TO ELECTED

OFFICIALS AND ANOTHER TO -- ON A FIRST-COME, FIRST-SERVED BASIS. WE HAVE

TO HAVE A UNIFORM POLICY SO THE PEOPLE OF THE STATE OF NEW YORK KNOW

WHAT NEW YORK IS DOING. SIMILARLY, AS I SAID BEFORE, WE NEED HEALTH

PROFESSIONALS LEADING THE WAY. NOW, I KNOW THERE'S BEEN SOME

CRITICISM OF OUR PRESENT HEALTH DEPARTMENT AND I SHARE THAT CRITICISM.

BUT WE CANNOT HAVE A LEGISLATIVE BODY DEBATING THE FINE POINTS OF HOW

MANY PEOPLE SHOULD BE IN ONE SPACE AT THE SAME TIME, OR HOW MANY --

OR SO MANY OF THE OTHER MATTERS, COVERED BY THE VARIOUS DIRECTIVES.

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BUT BY ALLOWING THE CONTINUATION OF THE DIRECTIVES, THIS LEGISLATURE WILL

HAVE AN OPPORTUNITY TO SYSTEMATICALLY REVIEW THE EXECUTIVE ORDERS AND

PASS LEGISLATION WHERE LEGISLATION IS APPROPRIATE, AND LEAVE IN PLACE

THOSE EXECUTIVE ORDERS THAT ARE APPROPRIATE. WITH A LITTLE BIT OF EFFORT,

WE CAN REPLACE THOSE EXISTING EXECUTIVE ORDERS WITH BETTER DRAFTED

LEGISLATION, AND WE SHOULD DO SO. AND I URGE MY COLLEAGUES TO LOOK AT

THESE AND TO PRESENT LEGISLATION WHERE THEY THINK IT'S APPROPRIATE. I, FOR

EXAMPLE, HAVE INTRODUCED SEVERAL BILLS. THERE'S ONE RIGHT NOW WHICH

IS ON OUR AGENDA WHICH HOPEFULLY WE'LL GET TO ON MONDAY, DEALING WITH

THE ELECTION LAW. AND I'VE INTRODUCED A COMPREHENSIVE ELECTION LAW

REFORM FOR THE PANDEMIC TIME ONLY. AND I'VE INTRODUCED A BILL

AUTHORIZING LOCAL GOVERNMENTS TO USE VIRTUAL MEANS, AND A BILL TO

EXTEND FROM 21 TO 23 THE END DATE FOR KIDS IN SCHOOL WITH IEPS. SO IF

WE WANT TO WORK TOGETHER AND WE WANT TO SAY THAT WE'RE IN CHARGE, NOT

THE GOVERNOR, THEN WE ALL HAVE TO GET TOGETHER AND LOOK AT THESE

RESOLUTIONS AND PUT FORWARD LEGISLATION THAT MAKES SENSE THAT PROTECTS

THE PEOPLE OF THE STATE OF NEW YORK. BUT WE NEED TIME TO DO SO.

NOW, CLEARLY THERE'S A DIFFERENCE OF OPINION IN THIS HOUSE REFLECTIVE OF

A DIFFERENCE OF OPINION THROUGHOUT THE STATE AS TO THE NEED FOR SOME OF

THESE EXECUTIVE ORDERS. SOME OF MY COLLEAGUES TODAY HAVE -- HAVE

OBJECTED TO CERTAIN EXECUTIVE ORDERS THAT THE GOVERNOR HAS ISSUED, AND

I'M SURE IF WE HAD A DEBATE OVER THESE, WE -- MANY OF US WOULD BE ON

THE OTHER SIDE. THE CAUSE OF THE BUSINESS CLOSINGS, BY THE WAY, IS NOT

THE GOVERNOR. IT'S THE PANDEMIC. I SHARE THE CONCERNS ABOUT THE HEALTH

OF OUR BUSINESSES. I HAVE A LOT OF BUSINESSES IN MY DISTRICT AS WELL.

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BUT IN RESTORING THE HEALTH OF OUR BUSINESSES, I DON'T WANT TO DO SO TO

THE DETRIMENT OF THE HEALTH OF OUR PEOPLE. AND THAT'S A VERY FINE

BALANCE THAT WE MUST CONSIDER.

NOW, SOME OTHER ISSUES HAVE BEEN RAISED AND I'D LIKE

TO ADDRESS THEM. WE'VE HEARD SOME ANSWERS. ONE, HOW DID THIS BILL

COME ABOUT? WELL, I BELIEVE THE SPEAKER THAT THERE WAS AN AGREEMENT

SOLELY WITH THE MAJORITY LEADER OF THE SENATE AND NOT WITH THE

GOVERNOR. WE CAN CROSS THE WORDS OF THE GOVERNOR VERY CLEARLY. HE

NEVER REALLY DID SAY THAT HE SAT DOWN AND HAD A CONFERENCE WITH THE

SPEAKER AND THE MAJORITY LEADER. WHAT HE SAID WAS WE HAVE AN

AGREEMENT WITH THE SENATE. SO IF HE'S IN AGREEMENT WITH OUR BILL, I'M

FINE BY THAT. IF SOME PEOPLE WANT TO THINK THAT HE'S A LIAR, BE MY GUEST.

ALL I KNOW IS I BELIEVE THE SPEAKER THAT THIS BILL WAS NOT NEGOTIATED

WITH THE GOVERNOR. AND I WAS SITTING THERE THROUGH ALL OF THE

DEMOCRATIC CONFERENCES WHERE MR. ZEBROWSKI WAS LEADING THE

DISCUSSION WHERE WE WENT ON FOR DAYS. WE WENT ON FOR DAYS. THE

DEMOCRATIC CONFERENCE, THERE WERE PEOPLE IN THE CONFERENCE WHO

WANTED TO JUST REJECT, REVOKE THE POWERS IMMEDIATELY. BUT THEN WE

STARTED TO REALIZE THAT HAD IMPLICATIONS BEYOND JUST THE IMAGE OF TAKING

CHARGE. AND I LOOKED AT THIS BILL CAREFULLY, AND I'M VERY PLEASED TO SEE

THAT SOME OF THE LANGUAGE THAT I SUGGESTED IN CONFERENCE IS VERY

SIMILAR TO SOME OF THE LANGUAGE THAT'S IN THIS BILL. AND I SEE OTHER

THINGS IN THERE, OTHER SUGGESTIONS BY MY COLLEAGUES. AND I KNOW THAT

MR. ZEBROWSKI WROTE THIS BILL, THE FIRST DRAFT. SO THIS BILL CAME FROM

THE DEMOCRATIC MAJORITY MEMBERS, NOT FROM THE GOVERNOR'S OFFICE.

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AND WE -- WE DID, AS MR. ZEBROWSKI SAID BEFORE, HAVE QUITE A BIT OF

DISCUSSION ABOUT THIS FOR DAYS. BUT WE WERE VERY CONCERNED ABOUT

BEING SURE THAT IN REVOKING THE GOVERNOR'S POWERS, WE DID NO HARM.

THAT WE DIDN'T HURT THE PEOPLE OF THE STATE OF NEW YORK. AND WE

HOPE THAT THIS BILL IS -- WILL DO THAT, AND I BELIEVE IT'S A GOOD STEP

FORWARD.

THE SECOND ISSUE THAT'S BEEN RAISED IS ABOUT THE

GOVERNOR. THIS BILL IS NOT ABOUT THIS GOVERNOR. IT'S NOT ABOUT THIS

GOVERNOR'S POWERS. IT'S ABOUT THE EXECUTIVE BRANCH'S POWERS, NO

MATTER WHO THE GOVERNOR IS. ABOUT HOW BEST TO KEEP THE PEOPLE OF THE

STATE OF NEW YORK SAFE, AND I THINK THIS BILL IS A GOOD BALANCE.

THIRDLY, THE QUESTION HAS BEEN ASKED WHAT DO YOU SAY

TO THOSE WHO COMPLAIN ABOUT RESTRICTIONS THAT ARE KEEPING THEM FROM

FULLY OPENING THEIR BUSINESSES, FROM CONGREGATING IN LARGE NUMBERS,

FROM DOING WHAT THEY USED TO DO? WHAT I SAY IS NEW YORK IS TRYING TO

KEEP YOU SAFE AND KEEP YOUR FAMILIES SAFE. AND WHEN THE SPREAD OF

THE PANDEMIC SUBSIDES, WE WILL RETURN TO NORMAL. AND IF THE

THEN-GOVERNOR DOES NOT LIFT THE DISASTER DECLARATION, THIS LEGISLATURE

WILL DO SO. A POWER WE DID NOT HAVE BEFORE.

SO AS I END I WANT TO REITERATE TWO POINTS: FIRST, THE

EMERGENCY DECLARATION IS THE GOVERNOR'S TO ISSUE. IT AUTOMATICALLY

GIVES HIM SOME POWERS, WITH OR WITHOUT CHAPTER 23. THERE ARE SOME

THINGS THAT WE CAN'T DO, OR AT LEAST WE SHOULDN'T DO, WITHOUT A

DECLARATION BY THE GOVERNOR. AND SECONDLY, UNDER THIS LEGISLATION THE

LEGISLATURE GAINS POWER TO TERMINATE AN EMERGENCY DECLARATION OF

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DISASTER IF WE BELIEVE THAT IT WAS WRONGFULLY ISSUED OR IS GOING ON TOO

LONG. THIS IS NOT A PERFECT PIECE OF LEGISLATION, BUT IT'S A GOOD PIECE OF

LEGISLATION. WHILE I VOTED AGAINST CHAPTER 23, I NOW WILL VOTE FOR THIS

LEGISLATION. I WILL VOTE YES AND URGE MY COLLEAGUES TO DO SO.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER SOLAGES: MR. BYRNES [SIC].

MR. BYRNE: THANK YOU, MR. [SIC] SPEAKER. TO TRY

TO GIVE MR. ZEBROWSKI A BREAK I'M GOING TO SPEAK ON THE BILL. BUT IF HE

WANTS TO INTERRUPT ME AND ASK ANY QUESTIONS HE IS MORE THAN WELCOME

TO.

ACTING SPEAKER SOLAGES: ON THE BILL.

MR. BYRNE: I JUST WANT TO SAY I DO AGREE WITH

SOME OF THE REMARKS MADE BY MY COLLEAGUES FROM BOTH CONFERENCES.

THIS REALLY ISN'T ABOUT THE NUMBER OF SCANDALS FROM THE GOVERNOR. IT'S

NOT ABOUT WHO THE GOVERNOR IS. IT'S NOT ABOUT THE NURSING HOMES, PER

SE, ALTHOUGH A LOT OF QUESTIONS STILL REMAIN AND THIS BODY NEEDS TO DO

MORE TO ACT AND INVESTIGATE AND HOLD PEOPLE ACCOUNTABLE. IT'S ABOUT

THE DISASTER POWERS THAT WERE EXPANDED BACK IN MARCH. WE'VE HEARD

FROM SOME OF OUR COLLEAGUES THAT VOTED NO AND ARE VOTING YES ON THIS

PARTICULAR BILL. I VOTED YES IN MARCH BECAUSE I WANTED TO MAKE SURE

THAT THOSE DOLLARS WERE THERE FOR OUR DEPARTMENT OF HEALTH. I ALSO

THOUGHT IT WAS A REASONABLE REQUEST TO HAVE DISEASE OUTBREAK LISTED AS A

REASON TO HAVE A STATE OF EMERGENCY WITH THOSE TYPES OF POWERS. BUT I

ALSO UNDERSTAND THAT "EPIDEMIC" WAS ALREADY LISTED, SO SOME OF THOSE

THINGS WERE A BIT REDUNDANT. AND I ALSO WANTED TO MAKE SURE THAT THE

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EXECUTIVE HAD THE TOOLS THAT HE NEEDED TO RESPOND, TO BE NIMBLE. BUT

THE UNDERSTANDING BY SO MANY OF OUR COLLEAGUES WAS THIS WAS TO BE

TEMPORARY. IT WASN'T MEANT TO BE FOR A PROLONGED PERIOD OF TIME. AND

OBVIOUSLY, I THINK MANY OF US FEEL THAT THE DIRECTIVES THAT THE GOVERNOR

HAS ACTUALLY PUT FORTH GO BEYOND COVID-19 SPECIFICALLY. THEY VIOLATE

IN SOME -- IN SOME INSTANCES CONSTITUTIONAL RIGHTS AND FREEDOMS. IN

FACT, SOME OF THEM HAVE BEEN THROWN OUT BY THE COURTS. BUT TO SPEAK

SPECIFICALLY TO THIS BILL THAT WE'RE VOTING ON AND WHY I'M GOING TO BE

VOTING NO, THERE WAS COMMENTS ABOUT HOW, YOU KNOW, WE HAVE THE

ABILITY TO COMMENT ON NEW, MODIFIED OR RENEWED DIRECTIVES. RIGHT? I

UNDERSTAND WE'RE NOT PUTTING NEW DIRECTIVES. WE HAVE THE ABILITY TO

COMMENT. WE HAVE THE ABILITY TO REVIEW. I DON'T KNOW WHAT ALL OF OUR

COLLEAGUES HAVE BEEN DOING FOR THE LAST, YOU KNOW, 12 MONTHS. I'VE

BEEN REVIEWING EVERY DIRECTIVE THAT COMES OUT. I'VE BEEN COMMENTING

LIKE CRAZY. AND -- AND I SAY THAT I THINK CONFIDENTLY, YOU KNOW, WE'RE

ON CALLS WITH THE GOVERNOR'S OFFICE EVERY WEEK. I HEAR EVERYBODY

SPEAK UP AND EVERYONE'S BEEN AN ADVOCATE. THAT'S OUR JOB. SO WE'VE

BEEN COMMENTING LIKE CRAZY. I DON'T THINK THAT'S NEW. REVOKING

POWERS FOR THESE -- THESE EXTENDED DIRECTIVES, WE CAN ALWAYS REVOKE

THE POWERS. WELL, WE ALWAYS COULD REVOKE THOSE POWERS. AND AS IT'S

BEEN SAID REPEATEDLY, THERE'S OVER 100 OR NEARLY 100 EXECUTIVE ORDERS

OR DIRECTIVES AND WE HAVE NOT DONE THAT ONCE. I -- I ALSO HEARD FROM

SOME OF OUR COLLEAGUES THAT, YOU KNOW, THERE'S AN ARGUMENT THAT WE

WANT EVERY DIRECTIVE TO BE REPEALED IMMEDIATELY, AND I THINK OUR

ASSISTANT MINORITY LEADER PRO TEM KIND OF ADDRESSED THAT. THAT'S NOT

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WHAT I'M ADVOCATING FOR. WHAT I'M ADVOCATING FOR IS FOR OUR

LEGISLATURE TO EXERCISE ITS ELECTED RESPONSIBILITIES TO WORK AS A

FULLY-FUNCTIONING BRANCH OF GOVERNMENT. THERE'S SOME DIRECTIVES - AND

LET ME BE VERY CLEAR - THAT I'VE SUPPORTED AND I THINK ARE GOOD. AND

THERE ARE SOME THAT I THINK WOULD HAVE BEEN MAYBE DESIGNED BETTER IF

WE WERE INVOLVED EARLIER ON. AND THAT'S THE WAY WE'RE SUPPOSED TO

PASS ACTUAL LAWS, NOT DIRECTIVES, NOT EXECUTIVE FIATS. WE SHOULD BE

INVOLVED AS LEGISLATORS. SO ONE -- ONE GOOD DIRECTIVE I THOUGHT THAT

WAS GOOD -- THIS WAS ADVOCATED BY A COLLEAGUE -- I'M SURE MANY OF OUR

COLLEAGUES -- I DIDN'T ASK FOR IT BUT IT DIRECTLY AFFECTED ME. THE

GOVERNOR CLARIFIED POLICY THAT SUPPORT PERSONS WERE ALLOWED IN THE

HOSPITAL DURING A BIRTH OF A CHILD. I WAS ACTUALLY ABLE TO GO WITNESS THE

BIRTH OF MY -- MY FIRST BORN BECAUSE THEY UPDATED THAT -- THAT DIRECTIVE,

THAT GUIDANCE. AND THAT WAS A GOOD THING. AND I -- IF HE DIDN'T DO THAT

I WAS GOING TO BE AT RISK OF NOT BEING ABLE TO SEE THAT. BUT AGAIN, WE'RE

-- WE'RE IN A DIFFERENT TIME AND PLACE. WE'RE NOT IN THE SPRING OF LAST

YEAR, WE'RE IN MARCH OF 2021. WE KNOW MORE ABOUT THIS VIRUS NOW.

AND FOR THE CONCERNS THAT HAVE BEEN EXPRESSED THAT IF WE -- WE DON'T

ACT AS FAST AS THE GOVERNOR, THAT HE NEEDS THIS POWER SO HE CAN BE

NIMBLE AND PUT THESE DIRECTIVES FORTH QUICKER AND THAT WE WOULD BE TOO

DELIBERATIVE AND MAYBE TAKE TOO LONG, PERHAPS. WELL, I WOULD BRING

YOU BACK TO THE BILL THAT WAS PASSED IN MARCH. RIGHT? THE GOVERNOR

GAVE US THAT BILL AND WE PASSED IT PRETTY DARN FAST. SO I WOULD SAY

WE'VE DONE THAT MANY -- MANY TIMES OVER WITH MESSAGES -- MESSAGES

OF NECESSITY. IN SOME CASES I THINK IT'S AN ABUSE OF THE MESSAGE OF

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NECESSITY. BUT IN THIS CASE I THINK IT WOULD ACTUALLY BE QUITE

APPROPRIATE. AND IT IS OUR JOB TO INTRODUCE, DISCUSS AND DEBATE PUBLIC

POLICY.

I KNOW THERE'S ALSO BEEN COMMENTS ABOUT THE STATE OF

EMERGENCY. I THINK THAT ACTUALLY WOULD BE A GOOD NEW POWER, SO THAT'S

THE ONE GOOD THING THAT I COULD REALLY FIND FROM THIS PROPOSAL IS BEING

ABLE TO TAKE THAT BACK, THE STATE OF EMERGENCY. AND WHEN I SAY WE

CAN'T LIVE IN A STATE OF EMERGENCY FOR THE REST OF OUR LIVES, THAT DOESN'T

MEAN THAT WE PRETEND THIS VIRUS DOESN'T EXIST. IT DOES NOT MEAN THAT

THE DANGER IS NOT REAL OR NOT PRESENT. IT MEANS THAT THERE'S ALWAYS RISK

IN OUR DAILY LIVES. WE KNOW MORE ABOUT THIS VIRUS NOW. WE ARM

PEOPLE WITH INFORMATION, WITH RESOURCES AND TOOLS AND WE ACTUALLY

ALLOW PEOPLE TO LIVE.

I ALSO WANT TO POINT OUT - AND THIS WAS MENTIONED BY

SOME OF OUR COLLEAGUES - YOU KNOW, WE -- WE GET HUNG UP ON COVID,

JUST COVID AND THE STATE OF EMERGENCY ABOUT THE CORONAVIRUS. WELL,

THERE'S A LOT OF OTHER PUBLIC HEALTH CONSEQUENCES THAT HAVE BEEN

HARMED BECAUSE OF ALL THESE RESTRICTIONS: HEART DISEASE, CANCER, OPIOID

USE, ALCOHOLISM, DEPRESSION. ALL THESE THINGS, WE'RE GOING TO BE

DEALING WITH THESE PROBLEMS NOT FOR WEEKS, NOT FOR MONTHS, FOR YEARS.

FOR YEARS WHEN WE FINALLY THINK COVID-19 IS A THING OF THE PAST.

WHY DON'T WE THINK ABOUT THOSE WHEN WE ARE PUTTING FORWARD THESE

DIRECTIVES?

SOME COMMENTS WERE MADE WITH COMPARISONS ABOUT

COLLEAGUES. WORDS LIKE "HYPOCRISY" WERE USED. FEDERAL GOVERNMENT.

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YOU KNOW, THOSE THAT KNOW ME WELL, I DON'T SPEAK VERY OFTEN ABOUT

FEDERAL POLICY. I'M NOT A MEMBER OF CONGRESS, I'M A STATE LEGISLATOR. I

RAN FOR OFFICE IN 2016. I DON'T THINK I EVER TALKED ABOUT PRESIDENT

BARACK OBAMA. I DIDN'T REALLY TALK ABOUT PRESIDENT TRUMP. I DON'T

REALLY TALK ABOUT PRESIDENT BIDEN INSOMUCH AS IT'S AN ADVOCACY FOR

STATE POLICY. I THINK THE ONE TIME I REALLY TALKED ABOUT PRESIDENT

TRUMP WAS WHEN I THANKED HIM FOR FULLY FUNDING THE 9/11 VICTIMS

COMPENSATION FUND BECAUSE I JOINED MY COLLEAGUE FROM LONG ISLAND

IN CRITICIZING SENATOR RAND PAUL FOR THREATENING TO WITHHOLD THAT

FUNDING. I DID AGREE WITH THE GOVERNOR APPEALING TO THE FEDERAL

GOVERNMENT, ASKING FOR HELPING WITH THE ARMY CORPS OF ENGINEERS, THE

U.S.S. COMFORT, THE PPE, THE VENTILATORS AND VACCINES. AND WE GOT A

LOT OF THAT. BUT LET ME MAKE MYSELF ABUNDANTLY CLEAR SO THIS DOESN'T

SEEM LIKE IT'S SOME SORT OF PARTISAN, YOU KNOW, BASHING ON EITHER SIDE

HERE. OBVIOUSLY, I THINK THE FEDERAL GOVERNMENT FELL SHORT. THEY

WEREN'T PREPARED, THE STATE WASN'T PREPARED, THE WORLD WASN'T PREPARED,

AND WE ALL NEED TO DO BETTER. BUT I'M LOOKING AT THIS BILL AND I HOPE

I'M WRONG. I REALLY DO. I HOPE THAT THIS GIVES THE LEGISLATURE THE NEED

-- THE ADDED CONFIDENCE IT NEEDS TO REASSERT ITSELF AND MAYBE THEY'LL

EXERCISE THESE -- THESE POWERS TO REVOKE SOME OF THESE DIRECTIVES. BUT

FOOL ME ONCE -- AS WAS SAID BEFORE, SHAME ON ME, I VOTED YES IN MARCH

-- FOOL ME TWICE, SHAME ON YOU. AND -- OR THE OTHER WAY AROUND.

THAT'S A GEORGE W. BUSH THING. RIGHT? THAT SOUNDS LIKE W.

BUT -- BUT IN ALL SERIOUSNESS, I THINK WE NEED TO DO

BETTER. I'M GOING TO BE VOTING NO. I APPRECIATE MR. ZEBROWSKI'S

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COMMENTS AND ANSWERING ALL THESE QUESTIONS. I -- I KNOW -- I DON'T

QUESTION PEOPLE'S MOTIVATIONS, INTEGRITY OR ANYTHING LIKE THAT, OR THEIR

INTENTIONS. I THINK EVERYONE'S HEART IS IN THE RIGHT PLACE. BUT THIS

REALLY DOESN'T REASSERT OURSELVES AS AN EQUAL BRANCH OF GOVERNMENT. IT

DOESN'T RESTORE CHECKS AND BALANCES, AND I HOPE WE GET TO THAT PLACE

SOON. THANK YOU, MR. SPEAKER. I WILL BE VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

RISE IT'S A GOOD SIGN FOR THE LEGISLATURE BECAUSE ON AN EXTENSIVE DEBATE

THAT MEANS WE'RE ALMOST DONE.

ACTING SPEAKER AUBRY: YOU'LL DO ANYTHING TO

GET A CLAIM.

(LAUGHTER)

MR. GOODELL: AND AS A SPECIAL COURTESY I WILL TRY

TO KEEP MY COMMENTS BRIEF. AFTER SEVERAL HOURS OF DEBATE IT'S CLEAR

THAT MANY OF US AGREE ON MANY ISSUES. AS THE TITLE OF THIS BILL STATES, IT

RELATES TO THE TERMINATION OF CERTAIN EXECUTIVE POWERS BY THE

LEGISLATURE, AND THOSE CERTAIN POWERS ARE THE POWER OF THE EXECUTIVE

TO ISSUE NEW DIRECTIVES. AND I CAN SAFELY SAY THAT ALL OF MY

REPUBLICAN COLLEAGUES AND UNDOUBTEDLY MOST OF MY DEMOCRATIC

COLLEAGUES AGREE WITH THE DESIRE TO TERMINATE THE POWER OF THE

EXECUTIVE TO ISSUE NEW DIRECTIVES. BUT THE TITLE COULD JUST AS EQUALLY

AND ACCURATELY HAVE SAID, RELATES TO THE CONTINUATION AND EXTENSION OF

CERTAIN EXECUTIVE POWERS BY THE LEGISLATURE BECAUSE THAT'S ALSO TRUE IN

THIS BILL. IT CONTINUES ALL EXISTING EXECUTIVE ORDERS AND DIRECTIVES.

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AND AS WE'VE HEARD, THAT'S HUNDREDS OF THEM. INDEED, THE EXISTING

DIRECTIVES TOUCH ALMOST EVERY ASPECT OF EVERY NEW YORKER'S LIFE. SO IT

CONTINUES THE EXECUTIVE POWER IN AN EXTRAORDINARILY BROAD WAY. NOW,

THOSE OF US FROM THE COUNTRYSIDE, WHEN WE HAVE A SITUATION LIKE THIS

WE OFTEN SAY CONTINUING ALL THE EXECUTIVE ORDERS AND JUST NOT LETTING

NEW ONES COME INTO PLAY, IT'S A LITTLE BIT LIKE SHUTTING THE BARN DOOR

AFTER ALL OF THE CATTLE HAVE LEFT. AND THAT MEANS THERE ARE SO MANY

EXECUTIVE ORDERS AND DIRECTIVES OUT THERE NOW, TO SAY THAT WE'RE NOT

GOING TO PUT UP FOR ANY NEW ONES IS ALMOST MEANINGLESS. NOT ENTIRELY

MEANINGLESS, BUT ALMOST. AND, OF COURSE, THIS LEGISLATION CONTINUES

AND EXTENDS OUR RELIANCE ON THE GOOD FAITH, INTEGRITY AND ABILITY OF OUR

GOVERNOR AND OUR HEALTH COMMISSIONER TO PUT PEOPLE'S LIVES AHEAD OF

POWER, AHEAD OF POLITICS. AND MANY OF US ON BOTH SIDES OF THIS AISLE

HAVE DEEP, DEEP, DEEP CONCERNS WHETHER OUR GOVERNOR IS CAPABLE OF

PUTTING PUBLIC POLICY AND PEOPLE'S LIVES AHEAD OF POLITICAL CAMPAIGN

CONTRIBUTIONS, BOOK SALES PUBLIC -- PUBLIC PERCEPTION OR OTHER ISSUES.

SO WHAT'S A NO VOTE MEAN? A NO VOTE ON THIS

LEGISLATION MEANS WE'RE NOT WILLING TO CONTINUE AND EXTEND THE

GOVERNOR'S POWERS AND HIS ABILITY TO MODIFY, EXTEND, STRENGTHEN OR

EVEN ADJUST IN MANY WAYS HUNDREDS AND HUNDREDS OF DIRECTIVES. WE'RE

NOT WILLING TO DO THAT AND WE'RE NOT WILLING TO SIGN OFF ON AN UNLIMITED

EXTENSION THAT ENDS ONLY WHEN THE GOVERNOR HIMSELF DECIDES HE'S HAD

ENOUGH. A NO VOTE MEANS THAT WE, AS THE LEGISLATURE, HAVE EIGHT

WEEKS TO COME UP WITH A BETTER ALTERNATIVE BECAUSE THE EXISTING

DIRECTIVES WILL CONTINUE FOR ANOTHER EIGHT WEEKS. OR IT CAN. WHICH

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MEANS THAT WE, AS THE LEGISLATURE, CAN THOUGHTFULLY ENACT LEGISLATION TO

CONTINUE AND SUPPORT THOSE DIRECTIVES WE LIKE. AND MY COLLEAGUES

HAVE MENTIONED SOME. YOU KNOW, REMOTE SIGNING OF DOCUMENTS OR

NOTARIZATIONS OR, YOU KNOW, MASK MANDATES OR -- OR WHATEVER. WE

HAVE EIGHT WEEKS. EVEN THIS LEGISLATURE IS CAPABLE OF COMING UP WITH

THOUGHTFUL LEGISLATION IN EIGHT WEEKS. AND WE CAN ALSO PASS

LEGISLATION AS NEEDED TO AUTHORIZE OTHERS WHO HAVE MORE KNOWLEDGE,

SKILL AND ABILITY THAN WE DO TO ALSO ACT IN WAYS TO PROTECT THE PUBLIC

HEALTH, INCLUDING THE THOUSANDS AND THOUSANDS OF HIGHLY CAPABLE AND

DEDICATED LOCAL HEALTH DEPARTMENT OFFICIALS.

SO FOR ME, I APPRECIATE MY COLLEAGUES' DESIRE TO

TERMINATE THE ABILITY OF THIS GOVERNOR TO ISSUE MORE DIRECTIVES, I

APPRECIATE IT. I SUPPORT THAT SENTIMENT. THANK YOU. THAT'S HEADING IN

THE RIGHT DIRECTION. BUT I CANNOT IN GOOD CONSCIENCE CONTINUE AND

EXTEND THE GOVERNOR'S POWER TO CONTINUE TO RULE BY EXECUTIVE FIAT AND

DICTATE THROUGH THE HUNDREDS AND HUNDREDS OF EXISTING DIRECTIVES WITH

NO FIRM END. AND, THEREFORE, I WILL BE VOTING AGAINST THIS LEGISLATION.

AND AGAIN, MY HAT'S OFF AND MY GREAT THANKS TO MY COLLEAGUE. KEN,

YOU'VE DONE A PHENOMENAL JOB. WE ALWAYS APPRECIATE WHEN MY

COLLEAGUE IS DEBATING BECAUSE HE TAKES THE TIME TO KNOW ALL THE FACTS

AND ALL THE BACKGROUND AND YOU'VE DONE A PHENOMENAL JOB. THANK

YOU, KEN. THANK YOU, MR. SPEAKER, AND ALL MY COLLEAGUES FOR THEIR

PATIENCE.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

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MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF I COULD BEGIN EXACTLY WHERE MR. GOODELL LEFT OFF AT AND

APPLAUD KEN ZEBROWSKI, OUR COLLEAGUE, AND THE AWESOME JOB THAT HE

HAS DONE IN DEBATING THIS, I THINK, CRITICALLY IMPORTANT PIECE OF

LEGISLATION. MR. SPEAKER, EVERYTHING HAS PRETTY MUCH BEEN SAID HERE

TODAY. ONLY ONE DIFFERENCE IS IT HASN'T BEEN SAID BY EVERYBODY. I

KNOW IT SEEMS LIKE IT'S BEEN SAID BY EVERYBODY, BUT IT HASN'T. AND SO I

ACTUALLY WANT TO APPLAUD MY COLLEAGUES WHO INTENTLY PAID ATTENTION TO

THE DEBATE IN THEIR RESPECTIVE OFFICES AND/OR HOMES. AND I KNOW THAT

AT SOME POINT THEY WILL ALL HAVE AN OPPORTUNITY TO WEIGH IN ON THIS

LEGISLATION.

THERE ARE A COUPLE OF DATES THAT COME TO MY MIND,

MR. SPEAKER, WHEN WE TALK ABOUT THE FACT THAT WE'RE STILL IN A PANDEMIC

AND, YOU KNOW, EVEN HOW WE GOT HERE. THE FIRST ONE THAT COMES TO

MIND IS LAST YEAR'S BUDGET PROCESS. NOT SO MUCH THE FACT THAT WE HAD TO

-- SIX OR SO OF OUR MEMBERS HAD ALREADY CONTRACTED THE DISEASE AND WE

WERE TRYING TO FIGURE OUT HOW WE WERE GOING TO DEAL WITH GOVERNING IN

THE MIDST OF IT, BUT THE FACT THAT OUR OWN WAYS AND MEANS CHAIR WAS

ONE OF THOSE FOLKS WHO HAD CONTRACTED THE VIRUS AND WAS UNABLE TO DO

HER JOB EITHER REMOTELY OR IN THE CHAMBERS. AND IT PUT ME IN A

PRECARIOUS POSITION BECAUSE I DIDN'T ATTEND ANY OF THE BUDGET HEARINGS

WHERE THE DECISIONS WERE BEING MADE ABOUT WHAT WE WERE GOING TO

PUT FORWARD AS A CONFERENCE ON THE BUDGET OR WHAT WE WERE GOING TO

EVEN TRY TO GET APPROVED. AT THE END OF THE DAY, I WENT THROUGH

CONFERENCES, I HEARD A LOT ABOUT IT, BUT THE DETAILS, I DID NOT HAVE. BUT

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FOR REASONS UNBEKNOWNST TO ME I ENDED UP STANDING IN THIS SAME

POSITION DOING WHAT KEN JUST DID - MORE LIKE FIVE HOURS, THOUGH, RATHER

THAN SIX - GETTING THROUGH LAST YEAR'S BUDGET PROCESS. THAT WAS A

CHALLENGE I WOULD'VE NEVER IMAGINED EVER WOULD'VE HAPPENED TO ME IN

MY LIFE. BUT I DO LIKE TO SOMETIMES THINK I CAN PLAN HOW MY LIFE IS

GOING TO GO. THAT ONE, I DID NOT.

THE SECOND ONE I WANT TO MENTION THAT I THINK BRINGS

SOME LIGHT TO WHERE WE ARE TODAY IS IN LATE SPRING, MID -- WELL, AT THE

BEGINNING OF SUMMER, SOME OF THE CITIZENS IN AND AROUND THE

COMMUNITY OF BUFFALO DECIDED THAT THEY DIDN'T WANT TO WEAR A MASK.

THEY DIDN'T WANT TO BE TOLD WHEN THEY CAN GO TO A RESTAURANT. THEY

WANTED TO HAVE ALL THEIR LIBERTIES INTACT. AND SO THEY PULLED

THEMSELVES TOGETHER INTO CARAVANS OF CARS AND STARTED HAVING PARADES,

IF YOU WILL, IN DOWNTOWN BUFFALO AND RALLIES WITH CONFEDERATE FLAGS,

LIKE TAKING BACK THEIR COUNTRY. THEY EVEN PLANNED TO RIDE BY ALL OF THE

-- THE ASSEMBLYMEMBERS' HOMES IN THE DISTRICT. AND SOME PEOPLE'S

NEIGHBORS ORGANIZED TO SHUT THEIR STREETS DOWN. LITERALLY PUT CARS IN

THE WAY SO THEY COULDN'T GET DOWN THERE AND HARASS THE WHOLE

NEIGHBORHOOD BECAUSE THEY WANTED TO SPEAK AND WEIGH IN WITH AN

ASSEMBLYMEMBER. BY THE WAY, I THINK THEY CHANGED THEIR MIND ABOUT

COMING TO MY HOUSE ONCE THEY FOUND OUT WHAT NEIGHBORHOOD I LIVED

IN. I WAS OKAY WITH THAT.

(LAUGHTER)

I KNOW SOME OF THESE PEOPLE. I'VE KNOWN THEM FOR A

WHILE. I KNOW THEY'RE ALL LICENSED, AND I DON'T KNOW IF THEY WERE

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CARRYING OR NOT. BUT I KNOW THAT THEY ARE LICENSED. AND PEOPLE HAVE A

RIGHT TO SPEAK OUT HOW THEY FEEL ABOUT THINGS. BUT SOME OF THESE SAME

PEOPLE WHO DIDN'T WANT TO WEAR MASKS, DIDN'T WANT TO BE TOLD WHEN TO

GO TO A RESTAURANT, I LATER FOUND OUT THAT THEY WERE ACTUALLY SICK WITH

THE VIRUS. AND THEY WANTED TO GO TO THE SAME HOSPITALS WHERE NURSES

ON A REGULAR BASIS WERE ASKING PEOPLE TO PLEASE ADHERE TO THE

EXECUTIVE ORDERS THAT ARE COMING OUT. BECAUSE EVERY TIME YOU PROTECT

YOURSELF THAT MEANS YOU DON'T HAVE TO COME IN HERE AND WE DON'T HAVE

TO TRY TO TAKE CARE OF YOU IN MASS NUMBERS.

THE THIRD THING THAT COMES TO MIND, MR. SPEAKER, IS

WHAT CAME AROUND IN NOVEMBER, WHEN IN CANADA, THE PRESIDENT OVER

THERE, HE DECIDED THAT HE WANTED TO CANCEL THANKSGIVING. NOW, I DON'T

KNOW HOW THEY CANCEL THANKSGIVING IN CANADA, BUT I KNOW THAT'S NOT

SOMETHING YOU CAN DO IN AMERICA. I DON'T REALLY CARE WHAT'S GOING ON,

YOU'RE NOT GOING TO CANCEL THANKSGIVING. AND SO I DID HEAR THAT THE

GOVERNOR MADE SOME RECOMMENDATIONS THAT PEOPLE SHOULD NOT GATHER

IN CERTAIN NUMBERS IN ORDER TO HAVE DINNER. YOU SHOULD NOT TRAVEL

FROM OUT OF THE AREA AND GO SOMEWHERE ELSE TO HAVE DINNER. YOU

SHOULD ALL HAVE DINNER WITH THE PEOPLE YOU'VE BEEN HAVING DINNER WITH

FOR A WHILE. A LOT OF PEOPLE BALKED AGAINST THAT. THE NEWS MEDIA WAS

COVERED WITH IT. YOU CAN'T CANCEL THANKSGIVING. HOW DARE YOU TELL US

WHERE WE CAN GET WITH OUR FAMILIES. YOU DON'T HAVE A RIGHT TO DO THAT

KIND OF EXECUTIVE ORDER. AND YOU KNOW WHAT. HE DIDN'T, AND PEOPLE

DID WHAT THEY WANTED TO DO. AND AS A RESULT, SOME PEOPLE TRAVELED

INTO OUR COMMUNITY, BROUGHT THE VIRUS WITH THEM AND INFECTED

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EVERYBODY THAT THEY HAD DINNER WITH. THEIR LOVED ONES. MOST OF THEM

SURVIVED THAT, BUT THE GRANDMOTHER DIDN'T. BECAUSE PEOPLE DIDN'T WANT

TO PAY ATTENTION TO THE FACT THAT WE REALLY ARE IN A VIRUS PANDEMIC

SITUATION.

THESE THREE THINGS STAND OUT FOR ME BECAUSE THEY ARE

PART OF WHAT WE'VE BEEN LIVING FOR THE LAST YEAR. THIS IS NOT A LIFE THAT

WE LIKE. THIS IS A LIFE THAT WE WANT TO GO AWAY AS SOON AS POSSIBLE.

AND I THINK THAT THIS LEGISLATION THAT WE ARE PUTTING FORWARD TODAY,

THANKS TO THE SPEAKER AND HIS AWESOME STAFF AS WELL AS MR. ZEBROWSKI,

IT'S GOING TO ALLOW US A PROCESS OF RECOVERING FROM THIS PANDEMIC WITH

A NEW VISION IN A WAY THAT THE RESPONSE TO THE DISASTER IS NOT JUST

HANDLED THROUGH THE EXECUTIVE BRANCH, BUT IT'S HANDLED THROUGH THE

EXECUTIVE BRANCH AND THE LEGISLATIVE BRANCH. THIS IS A TASK THAT WE'RE

SAYING WE ARE GOING TO DO. NOW, YES, WE'VE HAD THE CAPACITY TO DO

SOME CONCURRENT RESOLUTIONS AND PUSH BACK ON THINGS, BUT I DIDN'T

HAVE ANY OF MY COUNCIL MEMBERS CALLING ME SAYING, LISTEN, INTRODUCE

SOMETHING. PUSH BACK ON THIS PIECE RIGHT HERE. WHAT I DID HAVE IS

BUSINESSES CALLING ME SAYING, THIS IS NOT FAIR TO ME RIGHT NOW. CAN WE

GET SOME DIFFERENT CONSIDERATION? AND WHEN MY OFFICE AND MY STAFF

MADE CALLS, THEY ACTUALLY DID GET SOME DIFFERENT CONSIDERATION BECAUSE

SOMETIMES IT'S VERY DIFFICULT TO MANAGE HOW YOU THINK THINGS SHOULD

WORK WHEN YOU'RE NOT AT THE LEVEL WHERE THE THINGS ARE HAPPENING. WE

ARE AT THE LEVEL WHERE THINGS ARE HAPPENING. AND SO I THINK THAT THIS

LEGISLATION, WITHOUT A DOUBT, BRINGS US CLOSER TO A RECOVERY PROCESS

FROM WHAT HAS BEEN A HORRIFIC PANDEMIC.

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WITH THAT, I WOULD ENCOURAGE ALL OF MY COLLEAGUES TO

SAY YES. TO SAY YES TO THIS OPPORTUNITY TO MOVE US FORWARD IN

PANDEMIC 2021. I LOOK FORWARD TO VOTING FOR THIS BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

MR. ZEBROWSKI TO CLOSE.

I'VE NEVER BEEN HAPPIER TO SAY THAT WORD.

(LAUGHTER)

MR. ZEBROWSKI: THANKS, MR. SPEAKER. I WANT TO

THANK ALL OF MY COLLEAGUES ON BOTH SIDES OF THE AISLE FOR WHAT HAS BEEN

A ROBUST DISCUSSION BOTH TODAY AND FOR MANY DAYS. I WANT TO THANK THE

STAFF WHO TIME AND TIME AGAIN JUST PUTS IN SUCH TREMENDOUS WORK AND

SUCH TREMENDOUS HOURS, WHETHER IT'S ON THE BUDGET, AN ISSUE LIKE THIS.

YOU KNOW, THEY -- I DON'T KNOW WHAT WE WOULD DO WITHOUT THEM. AND

I WANT TO THANK SPEAKER HEASTIE FOR SPONSORING THIS BILL, FOR FORGING A

CONSENSUS ON A DIFFICULT TOPIC AND WHAT HAS BEEN AN ABSOLUTE HURRICANE

OF POLICY MIXING WITH POLITICS.

I THINK THERE IS A LOT THAT WE CAN ALL AGREE ON IN THIS

BILL. THE GOVERNOR -- IT DOES A LOT OF THINGS. THE GOVERNOR SHOULD NOT

BE ABLE TO ISSUE ANY DIRECTIVES, ANY NEW DIRECTIVES. I THINK THAT'S

SOMETHING THAT, YOU KNOW, YOU'VE SEEN CONSENSUS ACROSS THE AISLE

FROM. THE LEGISLATURE SHOULD HAVE THE AUTHORITY TO REVOKE THE

EMERGENCY DECLARATION. YOU KNOW, MY COLLEAGUE EARLIER MENTIONED

THIS AND PERHAPS WE DIDN'T FOCUS ON IT ENOUGH, BECAUSE THAT'S

SOMETHING THAT IS ESTABLISHED JUST NOT -- JUST NOT FOR COVID-19, BUT

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GOING FORWARD. I THINK THAT'S AN IMPORTANT PIECE OF LEGISLATIVE

PREROGATIVE THAT'S BEEN ESTABLISHED. MUNICIPALITIES NEED TO BE

RE-EMPOWERED. THE LEGISLATURE NEEDS TO BE RE-EMPOWERED. THE

PUBLIC NEEDS TO BE RE-EMPOWERED. DECISIONS SHOULD BE BASED UPON

DATA AND SCIENCE, AND THAT SHOULD BE AVAILABLE -- AVAILABLE TO BOTH US

AND THE PUBLIC. THE EXECUTIVE ORDERS IN EXISTENCE NEED TO BE

CRITICALLY REVIEWED. NOW, WE MAY DISAGREE ON HOW, BUT I THINK THERE'S

CONSENSUS THAT THEY SHOULD BE REVIEWED AND POSSIBLY AMENDED,

POSSIBLY REVOKED AND POSSIBLY LEFT TO EXPIRE. THOSE THAT WE HAVE

CHOSEN TO REMAIN NEED TO BE IN AN ORDERLY AND UNDERSTANDABLE FORMAT

THAT BREAKS DOWN THE LABYRINTH THAT IT IS TODAY. AND I THINK THE

LEGISLATURE MUST, YOU KNOW, RETAIN THE POWER TO REVOKE UNACCEPTABLE

EXECUTIVE ORDERS. I THINK WE ALL AGREE ON THESE THINGS. AND I BELIEVE

THIS BILL ADDRESSES MOST OF THESE THINGS. OR I'D SAY I THINK THE BILL

ADDRESSES ALL OF THESE THINGS. GRANTED, AS YOU'VE HEARD TODAY, WE ALL --

WE MAY DISAGREE ON HOW AND TO WHAT DEGREE THE BILL ADDRESSES THESE

ITEMS. I'M NOT TRYING TO SUGGEST THAT THERE WASN'T GREAT DISAGREEMENT.

BUT I THINK IF I LISTED THOSE ITEMS THERE WOULD BE AGREEMENT ON THEM

AND AT LEAST AN AGREEMENT THAT WE IMPROVED THE PROCESS. I BELIEVE

WE'VE VASTLY IMPROVED THE PROCESS HERE AND CAME TO A -- A -- A GOOD

CONSENSUS TO THE COVID-19 RESPONSE IN A WAY THAT EMPOWERS

LEGISLATORS, THE PUBLIC AND MUNICIPALITIES, AS YOU'VE HEARD ME SAY

MANY TIMES TODAY. YOU KNOW, THE BULK OF THE DISAGREEMENT, IN MY

MIND, REALLY CONDENSED DOWN TO OVER THE PAST, I DON'T KNOW IF IT'S

SEVEN OR ALMOST EIGHT HOURS, WHAT TO DO WITH THE CURRENT EXECUTIVE

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ORDER DIRECTIVES. NOW, YOU'VE HEARD ME SAY AND OTHER FOLKS SAY THAT

BELIEVE THE MINORITY WANTS TO REVOKE THESE POWERS IMMEDIATELY, ALBEIT

THROUGHOUT THE DEBATE MANY OF MY COLLEAGUES ON THE OTHER SIDE OF THE

AISLE HAVE SUGGESTED THAT THEY WOULD AFFIRMATIVELY PUT FORTH BILLS OR

SUPPORT BILLS THAT PUT BACK SOME OF THE DIRECTIVES. SO I WANT TO BE

ACCURATE. THE MAJORITY PUTS FORTH A DIFFERENT PROCESS. A PROCESS

WHERE THE EXISTING DIRECTIVES SHALL BE REVIEWED WITH AN EYE TOWARD

DATA AND SCIENCE, AND SOMETIMES REVOKE, SOMETIMES MODIFY,

SOMETIMES LEFT TO EXPIRE, AND AT TIMES SUPERSEDED WITHIN OUR OWN

PREROGATIVE OF LEGISLATION. THIS HAS BEEN A ROBUST DISAGREEMENT, BUT I

BELIEVE THERE IS A LOT OF AGREEMENT. A LOT OF PEOPLE SPOKE ABOUT THE

SAME THINGS. BUT WHEN IT COMES DOWN TO THESE EXECUTIVE -- THESE

EXISTING DIRECTIVES, WE'VE PUT FORTH TWO POSSIBLE WAYS FORWARD, TWO

POSSIBLE SCENARIOS, AND I BELIEVE THE ONE THAT SPEAKER HEASTIE SPONSORS

IN THIS BILL IS THE BEST WAY TO GO.

NOW, SOME OF THESE DIRECTIVES - I JUST WANT TO

REITERATE - DEAL WITH HEALTH, DEAL WITH LIMITATIONS. SOME OF THOSE ARE

CONTROVERSIAL. BUT AS I SAID EARLIER, OTHERS DEAL WITH A BROAD RANGE OF

ISSUES. YOU KNOW, I'VE READ THEM AT SOME POINT; FROM BANKING

DOCUMENTS TO LATE FEES TO ELECTRONIC SIGN -- SIGNING DOCUMENTS TO FACE

COVERINGS TO TESTING PROCEDURES TO PROFESSIONAL LICENSING TO SALE OF

ALCOHOL, SCOPE OF PRACTICE, TESTING, VACCINES. ALL IMPORTANT THINGS. ALL

THINGS THAT WE NEED TO REVIEW WITH A CRITICAL EYE TOWARDS IMPROVEMENT

AND POSSIBLE REVOCATION, AND SOME THINGS THAT QUITE FRANKLY RIGHT NOW

ARE CRITICAL TO THE CONTINUED HEALTH RESPONSE AND TO THE CONTINUED

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FUNCTIONING OF BUSINESSES AND OTHER AREAS.

MY COLLEAGUES, THIS HAS BEEN A CONTENTIOUS DEBATE,

BUT I THINK A PRODUCTIVE ONE. I'LL REITERATE THAT I THINK THIS BILL PRESENTS

A WORKABLE AND BALANCED APPROACH THAT CURTAILS AND REVOKES EXECUTIVE

POWER AND REESTABLISHES, ONCE AGAIN, LEGISLATIVE, MUNICIPAL AND PUBLIC

INPUT. I WOULD ASK THAT ALL MY COLLEAGUES SUPPORT IT. I THINK IT'S THE

RIGHT WAY TO GO. BUT I WOULD ASK FOR THOSE THAT DO AND THOSE THAT DON'T,

IF AND WHEN THIS BECOMES LAW LET'S USE THE POWERS. LET'S USE THE

PROCESS. LET'S USE THOSE THINGS IN THIS BILL TO THE MAXIMUM EXTENT

POSSIBLE TO FORGE A CONSENSUS THAT RESPONDS TO THE ISSUES IN ALL OF OUR

COMMUNITIES; UPSTATE, DOWNSTATE, EAST, WEST. I KNOW THAT THERE'S A LOT

OF PARTISAN DIVISIONS IN THE STATE, CERTAINLY IN THIS COUNTRY. MANY

TIMES IN THIS HOUSE. AND MAYBE I'M NAIVE AT TIMES, BUT THROUGHOUT

THIS PROCESS, THROUGHOUT THIS PANDEMIC, I'VE ABSOLUTELY BEEN ON

COUNTLESS REMOTE MEETINGS, CONFERENCE CALLS WITH MEMBERS ON THE

OTHER SIDE OF THE AISLE, AND WHILE -- AND -- AND OUR CONCERNS HAVE

ALIGNED A LOT OF THE TIMES. THIS PANDEMIC HAS UNFORTUNATELY HAD A

PARTISAN DIVIDE IN THIS COUNTRY THAT I BELIEVE -- I BELIEVE IS JUST

INDEFENSIBLE. BUT, BUT HERE IN NEW YORK STATE THERE REALLY HAS BEEN A

GOOD AMOUNT OF CONSENSUS, ESPECIALLY IN THE AREAS WHERE WE'RE

RESPONDING DIRECTLY TO OUR CONSTITUENTS.

SO WHILE I WANT EVERYBODY TO VOTE YES, WHETHER YOU

VOTE YES OR NO, LET'S WORK TOGETHER. LET'S TRY TO MAKE IT WORK. LET'S

GUIDE NEW YORK OUT OF THIS CRISIS. LET'S BALANCE THE PUBLIC HEALTH AND

THE ECONOMY, AND LET'S DEMAND THAT ACTUAL SCIENCE, ACTUAL DATA AND

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EMPOWERING THE HARDWORKING NEW YORKERS IN ALL OF OUR DISTRICTS IS A

PRIORITY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

ZEBROWSKI.

ON A MOTION BY MR. HEASTIE, 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 S.5357. THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES TO

BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE POSITION IS REMINDED

TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED. AND ALL MEMBERS, PLEASE PUT ON YOUR CAMERAS.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. AND I WOULD ALSO

REMIND MY REPUBLICAN COLLEAGUES IF THEIR CAMERA IS NOT ON, PLEASE

MAKE SURE YOU'RE NOT DOING ANYTHING EMBARRASSING AND THEN TURN ON

YOUR CAMERA.

(LAUGHTER)

MY REPUBLICAN COLLEAGUES AND I WILL BE GENERALLY

VOTING IN THE NEGATIVE ON THIS BILL. BUT THOSE WHO WOULD LIKE TO VOTE IN

THE AFFIRMATIVE SHOULD CONTACT THE MINORITY LEADER'S OFFICE. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

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MRS. PEOPLES-STOKES.

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

REMIND OUR COLLEAGUES THAT THIS WILL BE A VOTE IN THE AFFIRMATIVE FOR THIS

PIECE OF LEGISLATION. AND COLLEAGUES DESIRING TO VOTE AS AN EXCEPTION

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

WILL RECORD YOUR VOTE.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BURDICK TO EXPLAIN HIS VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BURDICK: THANK YOU, MR. SPEAKER. I ASK MY

COLLEAGUES JUST TO TAKE A MOMENT TO REFLECT BACK TO LAST YEAR WHEN THE

PANDEMIC HIT WITH ALL ITS FURY AND OUR NATION WAS TERRIFIED AND NEW

YORK WAS AT THE EPICENTER. RIGHT NOW I'M SITTING IN MY DISTRICT OFFICE

JUST A FEW MILES FROM NEW ROCHELLE, WHICH WAS AT GROUND ZERO. AND

NEW YORK CITY, AS YOU'LL RECALL, CAME TO A GRINDING HALT. EVERYTHING

CAME TO A GRINDING HALT. AT THAT TIME, YOU MIGHT REMEMBER THAT

SCIENTISTS WERE PREDICTING THAT IT COULD TAKE YEARS TO DEVELOP A VACCINE.

THERE WAS FEAR THAT WE WERE GOING TO RUN OUT OF HOSPITAL BEDS. WE'D

RUN OUT OF RESPIRATORS AND MILLIONS MIGHT DIE. SO IN THAT ENVIRONMENT

THE LEGISLATURE ACTED, AND DID SO WISELY. AND WHILE THERE ARE SOME

NOW WHO WOULD SAY WE SHOULD'VE REVOKED THE POWERS WEEKS AGO, THIS

PANDEMIC IS FAR FROM OVER. EVERY ONE OF US IS WORKING FURIOUSLY TO GET

OUR RESIDENTS VACCINATED. THAT'S EVIDENCE RIGHT THERE THAT WE ALL

RECOGNIZE THAT WE'RE NOT OUT OF THE WOODS. YES, IT WOULD BE SIMPLE

AND EASY TO STRIP THE GOVERNOR OF ALL EMERGENCY POWERS. JUST REVOKE

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THEM RIGHT NOW. REPLACE THEM WITH NOTHING. BUT THIS BILL TAKES A

RESPONSIBLE APPROACH. IT NOW REVOKES CHAPTER 23 IMMEDIATELY AND IN

ITS ENTIRETY, REVOKING THOSE SPECIAL POWERS. BUT IT NOT ONLY REPLACES IT

WITH A SENSIBLE PROCESS, BUT, YOU KNOW, IT DOES MORE THAN REVERTING TO

THE STATUS QUO. AND IT CONFERS IMPORTANT NEW POWERS AND AUTHORITY TO

THE LEGISLATURE FOR ANY FUTURE GOVERNOR. AND IT CONFERS TO THE POWER

OF THE LEGISLATURE TO REVOKE AN EMERGENCY DECLARATION, WHICH IS THE

FOUNDATION FOR SCORES OF THE GOVERNOR'S EXECUTIVE --

ACTING SPEAKER AUBRY: MR. BURDICK, YOU

HAVE EXPENDED YOUR TIME. HOW WILL YOU VOTE?

MR. BURDICK: I WOULD VOTE IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

ALL MEMBERS, PLEASE, YOU HAVE THREE MINUTES TO

EXPLAIN THAT VOTE. I ASK YOU TO STAY WITHIN THAT TIME OR I WILL END YOUR

CONVERSATION AND ASK TO VOTE. AND THAT'S ON BOTH SIDES OF THE AISLE.

THANK YOU.

MR. ANDERSON.

MR. ANDERSON: THANK YOU, MR. SPEAKER. I RISE

TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: SIR.

MR. ANDERSON: I'M VOICING MY SUPPORT, MR.

SPEAKER, FOR THIS BILL AS IT ESSENTIALLY BEGINS THE PROCESS OF ENDING THE

EMERGENCY POWERS FOR THE EXECUTIVE. THE ORIGINAL INTENT OF GIVING THE

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GOVERNOR EXECUTIVE POWER WAS BASED ON TRUST TO DO THE ETHICALLY AND

MORALLY RIGHT THING IN PROTECTING US AGAINST THE UNKNOWN VIRUS WHILE

BEING TRANSPARENT WITH THE PEOPLE OF THE STATE OF NEW YORK. BUT AS A

HISTORIAN ONCE SAID, MR. SPEAKER, POWER TENDS TO CORRUPT, AND ABSOLUTE

POWER CORRUPTS ABSOLUTELY. AND THIS IS WHAT WE'VE SEEN, MR. SPEAKER.

WHILE I HAVE -- I WAS NOT ELECTED -- ELECTED TO OFFICE DURING THIS TIME, I

DO ACKNOWLEDGE THAT THE STATE NEEDED STRONG LEADERSHIP THAT SORELY

LACKED IN WASHINGTON. MY DISTRICT WAS DECIMATED BY COVID-19.

HUNDREDS OF LIVES LOST, BUSINESSES CLOSED AND SCHOOLS. FEAR,

UNCERTAINTY AND ANXIETY GRIPPED OUR COMMUNITIES, BUT TO BE CLEAR WE

NEEDED LEADERSHIP, NOT DICTATORSHIP, MR. SPEAKER. WE NEEDED HONESTY

AND CLARITY, NOT CONFUSION AND EVASIVENESS AND LYING. HOWEVER, IN

RECENT WEEKS WE'VE SEEN THE GOVERNOR ABUSE THIS POWER THAT WAS GIVEN

TO HIM -- EXTENDED TO HIM BY THE LEGISLATURE AT THE TIME -- FOR HIS OWN

POLITICAL AGENDA BY WITHHOLDING DATA ON NURSING HOME DEATHS.

LISTENING TO PAID CONSULTANTS, MR. SPEAKER, AND NOT LEADING HEALTHCARE

VOICES. THIS HAS LED TO INCREASED SUSPICIONS FROM PEOPLE OF THE STATE

OF NEW YORK TOWARDS THE GOVERNOR AS TO WHAT OTHER INFORMATION HAS

COME OUT AND BEEN WITHHELD. THROUGH THIS LACK OF TRANSPARENCY, IT HAS

DEALT UNTOLD DAMAGES ON TO FAMILIES AS SOME NEVER REALIZED THE

(INAUDIBLE). WITHHOLDING THIS DATA HAS BEEN CRITICALLY, CRITICALLY

PAINFUL. THE VARIOUS CULTURE TOWARDS WOMEN HAS BEEN CRUCIALLY,

CRUCIALLY PAINFUL, AND IT SPEAKS TO THE CHARACTER. IT SPEAKS TO THE

INABILITY TO MAKE ADEQUATE JUDGMENT OF THIS INDIVIDUAL.

THEREFORE, IT IS NECESSARY AND IT'S -- IT'S WHOLLY IN OUR

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RIGHT AND RESPONSIBILITY TO RESTRICT THESE EMERGENCY POWERS, MR.

SPEAKER, AS WE ARE A COEQUAL BRANCH --

ACTING SPEAKER AUBRY: HOW DO YOU VOTE,

MR. ANDERSON? PLEASE, I'M ASKING YOU GUYS TO HOLD WITHIN THREE

MINUTES.

MR. ANDERSON: SO WITH THAT, MR. SPEAKER, I VOTE

IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SCHMITT.

MR. SCHMITT: TO EXPLAIN MY VOTE, MR. SPEAKER.

ACTING SPEAKER AUBRY: PROCEED.

MR. SCHMITT: MAKE NO MISTAKE, THE ONLY REASON

WE ARE VOTING ON THIS BILL TODAY IS BECAUSE OF THE ASSEMBLY MINORITY

CONFERENCE AND OUR RELENTLESS PUSH FOR ACCOUNTABILITY IN STATE

GOVERNMENT. THE FACT WE SEE SOME REDUCTION IN THE GOVERNOR'S POWER

MOVING FORWARD WITH NO NEW DIRECTIVES BEING ABLE TO BE ISSUED IS

BECAUSE WE STOOD UP AS THE CONSCIENCE OF THE ASSEMBLY AND AS A CHECK

TO ONE-PARTY CONTROL IN THIS CAPITOL. UNFORTUNATELY, THOUGH, THIS BILL

DOES NOT GO FAR ENOUGH. IT DOES NOT IMMEDIATELY END THE MORE

EGREGIOUS OVERREACHING DIRECTIVES OF THE GOVERNOR REGARDING SCHOOLS,

RESTAURANTS, ROUTINE DAILY LIFE ACTIVITIES AND MORE THAT NEGATIVELY

IMPACT MY CONSTITUENTS. THIS BILL ACTUALLY AMENDS THE EXISTING LAW TO

ALLOW THE MOST CONCERNING OVERREACHING DIRECTIVES ISSUED BY GOVERNOR

CUOMO TO GO ON WITHOUT A SUNSET CLAUSE.

SO FOR THESE REASONS, I MUST VOTE NO AND WILL FOCUS ON

A CONTINUED, UNRELENTING PUSH TO HOLD OUR GOVERNOR AND STATE

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GOVERNMENT ACCOUNTABLE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SEAWRIGHT.

MS. SEAWRIGHT: THANK YOU, MR. SPEAKER. I'LL BE

QUICK, TOO. I KNOW IT'S BEEN A LONG DAY. I WANT TO THANK MY COLLEAGUE,

CHAIRMAN ZEBROWSKI, AND ALSO JUST THANK THAT I'M SUPPORTING (AUDIO

CUTS OUT.)

ACTING SPEAKER AUBRY: WE'VE GOT A TECHNICAL

PROBLEM HERE.

(PAUSE)

MS. SEAWRIGHT: CAN YOU HEAR ME?

ACTING SPEAKER AUBRY: NOW WE'RE STRAIGHT.

GO AHEAD, MS. SEAWRIGHT.

MS. SEAWRIGHT: IF WE ARE TO EFFECTIVELY ADDRESS

THE HEALTHCARE DISPARITIES REVEALED EVERY DAY DURING THIS PANDEMIC

THEN WE MUST RESTORE THE BALANCE SO THAT THERE IS TRUE ACCOUNTABILITY

FROM THE AGENCIES OF STATE GOVERNMENT AND THEIR LEADERSHIP. THERE

MUST BE A PARTNERSHIP WITH GENUINE INPUT AND OVERSIGHT SO THAT WE MAY

SEE THE DAWN OF AN ECONOMIC REVIVAL FOR ALL OUR PEOPLE, ESPECIALLY

THOSE WHO HAVE SUFFERED MOST. THESE MEASURES PROVIDE A FRAMEWORK

FOR A NEW COLLABORATION, AND I'M PROUD TO JOIN WITH MY COLLEAGUES

TODAY IN SUPPORTING ITS PASSAGE.

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

ACTING SPEAKER AUBRY: THANK YOU.

MR. RODRIGUEZ.

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

THE SPONSOR FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I THINK IT'S VERY

IMPORTANT THAT, YOU KNOW, DURING THIS MOMENT THAT WE CONSIDER WHERE

WE WERE. AND I THINK THE PANDEMIC IS ONE OF THOSE CIRCUMSTANCES

WHERE THERE WAS NEED FOR A COORDINATED RESPONSE WHEN THAT -- THAT

ENCOMPASSED ALL OF THE PARTS OF NEW YORK STATE TO BE ABLE TO DEAL WITH

PROVIDING PPP EQUIPMENT -- PPE EQUIPMENT, TO MAKE SURE THAT THERE'S

A COORDINATED HEALTH RESPONSE AND THAT WE ARE STILL IN THE MIDST OF THE

PANDEMIC. AND -- AND THAT RESPONSE, BOTH NOT JUST IN THIS MOMENT OF

CONTINUING TO DEAL WITH -- WITH THE CORONAVIRUS, BUT AS WE FOCUS ON

RECOVERY, REQUIRES IMPORTANT ACTIONS THAT REMAIN COORDINATED. BUT

COORDINATION ALSO MEANS THAT WE HAVE THE -- THE RIGHT TO PARTICIPATE AS

THE LEGISLATURE AND TO INFLUENCE THE POLICIES THAT ARE THERE. IT DOES NOT

REMOVE THE POWER OF THE EXECUTIVE BRANCH. THE EXECUTIVE BRANCH

EXISTS AND WILL CONTINUE TO DO SO. BUT WHAT WE ARE ABLE TO DO TODAY IS

TO ENSURE THAT DIRECTIVES PROVIDE THE RIGHT LEVEL OF LEGISLATIVE

PARTICIPATION AND LOCAL INPUT TO MAKE SURE THAT OUR FUTURE RECOVERY AS

WE SLOWLY MAKE OUR WAY THROUGH THE PANDEMIC IS, IN FACT, ONE THAT

REFLECTS THE VOICE OF THE PEOPLE ACROSS THE STATE.

AS A RESULT, I THANK THE SPONSOR FOR THE THOUGHTFULNESS

IN TERMS OF MAKING SURE THAT WE MAINTAIN THE BALANCE OF NEW

DIRECTIVES AND THE INPUT OF THE PEOPLE AND US AS REPRESENTATIVES OF THE

PEOPLE, AND -- AND AS A RESULT I'LL BE VOTING IN THE AFFIRMATIVE. THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU.

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MR. RA TO EXPLAIN HIS VOTE.

MR. RA: THANK YOU, MR. SPEAKER. I JUST QUICKLY

WANT TO AGAIN NOTE THE ISSUE HERE THAT I FIND WITH REGARD TO DIRECTIVES

AND OUR ABILITY TO CANCEL EXECUTIVE ORDERS. IN THE GENERAL PUBLIC I

ALWAYS HEAR PEOPLE KIND OF USE ALL THESE TERMS INTERCHANGEABLY. BUT

THE BOTTOM LINE IS WE HAVE EXECUTIVE ORDERS THAT BOTH HAVE SUSPENSION

OF LAWS AND ALSO HAVE DIRECTIVES, AND THE DIRECTIVES ARE WHAT'S BEING

TAKEN AWAY HERE. NOW, THE SUSPENSION OF LAW POWER PREDATED LAST

MARCH. BUT I THINK IF WE LEARNED ANYTHING OVER THE LAST YEAR, IT'S THAT

EVEN GOING BACK TO WHAT WAS IN PLACE BEFORE PROBABLY SHOULDN'T

HAPPEN. WE -- THERE NEEDS TO BE MORE -- MORE ACCOUNTABILITY,

TRANSPARENCY AND AN ABILITY FOR THE LEGISLATURE TO HAVE A ROLE WITH

REGARD TO THESE THINGS GOING FORWARD. SO, YOU KNOW, WHILE I

APPRECIATE THAT WE'RE HERE AND TRYING TO TAKE SOME ACTION, IT'S REALLY

GOING TO BE ABOUT RESULTS AND WHAT WE DO IN THE FUTURE. ARE WE GOING

TO ACT TO GET RID OF SOME OF THESE ARBITRARY DIRECTIVES? ARE WE GOING TO

PUT SOME OF THE THINGS THAT WE FEEL ARE NECESSARY IN STATUTE RATHER THAN

-- RATHER THAN ALLOWING THEM TO BE EXTENDED BY THE GOVERNOR?

BECAUSE LET'S JUST REMEMBER THAT THIS BOTH EXTENDS EVERYTHING THAT'S

CURRENTLY OUT THERE FOR 30 DAYS, AND THEN REALLY THE GOVERNOR HAS TO GO

THROUGH A PROCESS BUT HE STILL CAN EXTEND THEM. SO THERE'S A PROCESS

THAT I LIKE BETTER -- AND SOME OF YOU MAY HAVE SEEN ON THE FIRST DAY OF

SESSION I HAD A MASK ON WITH THE "I'M JUST A BILL" FROM SCHOOLHOUSE

ROCK. THERE'S A PROCESS THEY SING ABOUT IN THAT SONG. IT'S A REALLY GREAT

ONE. A BILL COMES, GOES THROUGH COMMITTEE, GETS VOTED ON AND THEN

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THE EXECUTIVE SIGNS IT OR DOESN'T. HE CAN OVERRIDE. SO MAYBE I'M

DATING MYSELF BY TALKING ABOUT SCHOOLHOUSE ROCK, BUT I LIKE THAT

PROCESS BETTER. AND THAT'S THE PROCESS OF LEGISLATING THROUGH A

LEGISLATURE.

I -- I CAST MY VOTE IN THE NEGATIVE. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. STERN.

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

YOU TO CHAIRMAN ZEBROWSKI. AND THANK YOU TO THE SPEAKER FOR YOUR

TIME AND YOUR EFFORTS TO LISTEN AND TO HEAR OUR CONCERNS AND THE

CONCERNS OF OUR COMMUNITIES. AND ALTHOUGH THIS PUBLIC HEALTH AND

ECONOMIC CRISIS IS NOT OVER, SIGNIFICANT PROGRESS HAS BEEN MADE. AND

IT'S TIME FOR OUR LOCAL COMMUNITY LEADERS TO HAVE A MORE ACTIVE ROLE TO

ENSURE OUR NEIGHBORHOOD SCHOOLS, OUR SMALL BUSINESSES AND ALL THAT WE

HOLD CENTRAL TO OUR LIVES CAN OPEN QUICKLY AND OPERATE SAFELY.

MR. SPEAKER, I'M VOTING YES. I'M VOTING YES FOR

SCIENCE. I'M VOTING YES FOR DATA, AND I'M VOTING YES FOR A PROCESS TO

SUPPORT THE RECOVERY OF OUR ECONOMY AND OUR COMMUNITIES. THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. PICHARDO.

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

BRIEFLY EXPLAIN MY VOTE. I BELIEVE THIS PARTICULAR PIECE OF LEGISLATION --

AND AGAIN, I WANT TO THANK MY COLLEAGUE WHO SO AMIABLY EXPLAINED

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THIS LEGISLATION, AS WELL AS THE SPEAKER AND THE LEADERSHIP OF THIS

HOUSE, TO TALK ABOUT WHAT STRIKES THE RIGHT BALANCE BETWEEN SCIENCE

AND MOVING FORWARD. UNDERSTANDING THIS VIRUS AS IT EXISTS TODAY, BUT

AS WELL AS WHAT IS GOING TO BE THE NEXT PANDEMIC AND HOW THIS

LEGISLATURE AND THE EXECUTIVE SHOULD RESPOND. AGAIN, WE FOCUSED ON

THE HERE AND NOW, BUT ALSO TOWARDS AN EYE IN THE FUTURE AND MAKING

SURE THAT WHEN THE NEXT PANDEMIC HITS WE HAVE A -- A BLUEPRINT TO

RESPOND AND USE OUR LEGISLATIVE AUTHORITY TO MAKE SURE THAT NOT ONLY WE

ARE A PART OF THE PROCESS, WE ARE ALSO PART OF THE SOLUTION.

AND WITH THAT BEING SAID, MR. SPEAKER, I WILL BE

VOTING IN THE AFFIRMATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. -- MRS. GRIFFIN.

MRS. GRIFFIN: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. TODAY WE HAVE TAKEN ONE ENORMOUS

STEP IN ADDRESSING TRANSPARENCY AND RETURNING POWER TO OUR LOCALITIES

AND ELECTED REPRESENTATIVES, RATHER THAN PLAYING POLITICS, WHICH IS

IRRESPONSIBLE WHEN PEOPLE'S LIVES ARE AT STAKE. I AM PROUD TO SUPPORT A

PROACTIVE AND PRAGMATIC -- PRAGMATIC PLAN TO IMMEDIATELY REVOKE THE

GOVERNOR'S FAR-REACHING EMERGENCY POWERS AND REESTABLISH A CLEAR

BALANCE AT THIS CRITICAL POINT IN THE PANDEMIC. IN ORDER TO PRIORITIZE THE

WELL-BEING AND SAFETY OF NEW YORK STATE RESIDENTS, IT'S ESSENTIAL FOR

THE LEGISLATURE TO MAKE DISCERNING DECISIONS REGARDING THE SPECIFIC

PROVISIONS THAT ARE VITAL AND NEED TO BE MAINTAINED, AS WELL AS TO

TERMINATE ONES THAT NO LONGER MAKE SENSE. WE OWE -- WE OWE ALL OF

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OUR ESSENTIAL WORKERS, LOVED ONES AND RESIDENTS WHO HAVE SACRIFICED SO

MUCH FOR THOSE THAT HAVE LOST LOVED ONES, TO MAINTAIN SAFETY WHILE WE

RECOVER AND BUILD BACK NEW YORK STATE.

THANK YOU TO MY COLLEAGUE KEN ZEBROWSKI AND THE

STAFF FOR THEIR HARD WORK, AND TO THE SPEAKER FOR BRINGING THIS BILL TO

THE FLOOR. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BURKE.

MR. BURKE: THANK YOU, MR. SPEAKER. I VOTE YES TO

RESPONSIBLY REVOKE THE GOVERNOR'S POWERS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MR.

BURKE.

MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. AS I'VE

SAID BEFORE, I SUPPORT THIS LEGISLATION. I PARTICULARLY SUPPORT IT BECAUSE

I BELIEVE THAT WE SHOULD BE ACTING NOW. WE SHOULD NOT WAIT UNTIL

APRIL 30TH, WHICH IS THE GOVERNOR'S TIME FRAME. WE SHOULD BE ACTING

ON THE LEGISLATURE'S TIME FRAME, WHICH IS NOW. WE NEED TO RESOLVE

THESE ISSUES BEFORE BUDGET TIME. WE SHOULD NOT ALLOW THE DISCUSSION

OF THE GOVERNOR'S POWERS TO INTERFERE WITH OUR DISCUSSION OF THE

BUDGET, AND WE SHOULD NOT ALLOW IT TO BECOME INTERTWINED WITH THE

DISCUSSION OF THE BUDGET. WE ALL KNOW THE POWERS THAT THE GOVERNOR

HAS AT BUDGET TIME. SO IT'S IMPORTANT THAT WE RESOLVE THIS NOW.

THIS IS A GOOD RESOLUTION, I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

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MS. ZINERMAN.

MS. ZINERMAN: I WANT TO THANK THE SPEAKER AND

TO KEN ZEBROWSKI FOR BRINGING FORTH THIS BILL, FOR ALL THE STAFF WHO

WORKED DILIGENTLY ON BRINGING IT TO THE FLOOR TODAY. I'VE LISTENED

THROUGHOUT THIS DAY TO BOTH SIDES. I WANT TO THANK ALL OF MY COLLEAGUES

FOR THEIR REMARKS. AS A FIRST-TERM LEGISLATOR, IT WAS -- IT WAS

INFORMATIVE TO HEAR ALL SIDES, TO HEAR FROM YOUR CONSTITUENTS THROUGH

YOUR -- YOUR VOICES TODAY.

I WILL BE VOTING IN FAVOR OF THIS BILL BECAUSE I BELIEVE

THAT IT WAS TIME TO REVOKE THESE EMERGENCY POWERS. I WAS NOT HERE AT

THE TIME WHEN THE DECISION WAS MADE, BUT I TRUST AND BELIEVE MY

COLLEAGUES WHEN THEY SAY THAT IT WAS NECESSARY. WE ALL LIVE THROUGH

THE CORONAVIRUS AND WHAT IT'S STILL DOING TO OUR COMMUNITIES. AT THIS

POINT, HOWEVER, WE KNOW WHAT TO DO. WE HAVE VOTED AND WE ARE

VOTING TO REVOKE THE GOVERNOR'S POWERS. BUT I WANT TO -- I WANT TO SAY

THIS: WE HAVE NOT ABDICATED ANY RESPONSIBILITY TO THE GOVERNOR TODAY.

EACH AND EVERY ONE OF US, ALL 150 OF US, HAVE A VOICE. WE -- WE'VE

HEARD FROM OUR CONSTITUENTS, WE KNOW WHAT -- WHAT THE SCIENCE IS. WE

KNOW WHAT WE NEED TO DO TO RESPONSIBLY OPEN -- OPEN OUR CITIES, AND

WE NEED TO WORK TOGETHER AND SET POLICY ASIDE AND REALLY FOCUS IN ON

DOING WHAT WE NEED TO DO TO MAKE SURE THAT OUR COMMUNITIES ARE SAFE

AND THAT WE CAN REOPEN RESPONSIBLY.

SO, AGAIN, I THANK THE SPEAKER AND I THANK MY

COLLEAGUES FOR THEIR -- THEIR THOUGHTS TODAY AND FOR THOSE WHO HAVE

VOTED IN SUPPORT OF THIS BILL. THANK YOU.

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ACTING SPEAKER AUBRY: THANK YOU.

MR. DURSO TO EXPLAIN HIS VOTE.

MR. DURSO: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. WE HEARD MANY GREAT ARGUMENTS TODAY, AND I THANK MR.

ZEBROWSKI FOR STANDING UP THERE FOR NUMEROUS HOURS AND -- AND

ANSWERING ALL OF OUR QUESTIONS. BUT ONE OF THE STATEMENTS I HEARD A LOT

TODAY WAS THIS WAS THE BEGINNING OF THE PROCESS. THIS BILL THAT WE'RE

CURRENTLY VOTING ON NOW BEGINS THE PROCESS OF TAKING AWAY THE

GOVERNOR'S EXTRAORDINARY POWERS. THAT'S WHY I'LL HAVE TO BE IN THE

NEGATIVE ON THIS. BECAUSE REMEMBER HOW THIS DAY STARTED, WHICH WAS

THIS CHAMBER VOTING NO ON AN AMENDMENT TO TAKE AWAY ALL HIS EXTREME

POWERS. WE'RE NOW VOTING ON A BILL TO TAKE AWAY SOME. THAT'S NOT

HOW THIS DAY STARTED. I DON'T FEEL LIKE THIS IS HOW THE DAY SHOULD HAVE

ENDED. WE NEEDED TO FINISH THE JOB, AND I DON'T BELIEVE THAT THIS BILL

DOES THAT AND THAT'S WHY I WILL BE VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. TANNOUSIS.

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

ME, THIS BILL DOESN'T GO FAR ENOUGH TO RESTORE NEW YORK TO A

REPRESENTATIVE DEMOCRACY. THIS BILL REPEALS THE ORIGINAL EXPIRATION

DATE OF APRIL 30TH. THE GOVERNOR STILL HAS THE POWER TO EXTEND OR

MODIFY THE DIRECTIVES THAT AFFECT OUR DAILY LIVES. IT STILL LIMITS OUR SMALL

BUSINESSES, MANY OF WHOM ARE IN FINANCIAL RUINS. OUR RESTAURANTS, OUR

CHURCHES, OUR SCHOOLS AND OTHER ESTABLISHMENTS.

ALTHOUGH I COMMEND THE SPONSOR'S MOTIVATION AND

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HIS VERY IMPRESSIVE PRESENTATION TODAY, I WILL BE VOTING IN THE NEGATIVE

ON THIS BILL. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. SIMON.

(PAUSE)

MS. SIMON: SORRY, TRYING TO UNMUTE. AND TO

EXPLAIN MY VOTE, MR. SPEAKER. WHEN WE ACTED LAST YEAR TO EXPAND THE

GOVERNOR'S ALREADY VERY SUBSTANTIAL EXECUTIVE POWERS DURING A TIME

WHEN NO ONE KNEW WHAT WE WOULD BE FACING OR FOR HOW LONG, AND WE

ALL STILL BELIEVED THAT COVID, FOR EXAMPLE, WAS TRANSMITTED PRIMARILY

ON SURFACES AND WAS NOT AIRBORNE. WE DID SO RESPONSIBLY AND BECAUSE

WE CARED AND WE KNEW WE HAD TO ACT QUICKLY. WE HAVE LEARNED SO

MUCH SINCE THAT TIME ABOUT COVID, ABOUT OURSELVES, ABOUT OUR

RESILIENCE IN THE FACE OF AN UNREMITTING VIRUS MADE WORSE BY THE

PARTISAN POLITICS OF NONCOMPLIANCE WITH BASIC PRECAUTIONS SUCH AS

MASKING. AND ALL OF US HAVE SEEN THE VAST INEQUITIES LAID BARE BY THIS

PANDEMIC. AND WHILE A VACCINE IS NOW AVAILABLE AND ITS DISTRIBUTION IS

IMPROVING, WE ARE STILL IN THE MIDST OF A PANDEMIC. WE STILL NEED A

COORDINATED AND BALANCED RESPONSE, AND THIS BILL IS A RESPONSIBLE AND

BALANCED EFFORT TO WITHDRAW THE ADDITIONAL POWERS GIVEN TO THE

EXECUTIVE, SUCH AS HIS ABILITY TO ISSUE DIRECTIVES.

I WANT TO THANK THE SPEAKER, OUR HARDWORKING STAFF,

COMMEND MY COLLEAGUE, MR. ZEBROWSKI, FOR AN EXCELLENT, ALBEIT

LENGTHY, DEBATE, AND TOGETHER WE HAVE STOOD UP FOR THE BALANCE OF

POWER, FOR TRANSPARENCY AND ACCOUNTABILITY AND FOR THE PEOPLE OF THE

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STATE OF NEW YORK.

I'LL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BROWN.

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

APPRECIATE THE OPPORTUNITY TO EXPLAIN MY VOTE. I'VE LISTENED TO THE

DEBATE ALL DAY, AND I WILL TELL YOU, I -- I DO NOT BELIEVE THAT THIS BILL IS

NECESSARY. IT IS NOT -- AND IT'S NOT NECESSARY BECAUSE WE'RE NOT STILL

DEALING WITH THE VIRUS, BUT IT'S NOT NECESSARY BECAUSE WE HAVE

PROCEDURES, POLICIES, LAWS AND A CONSTITUTION IN PLACE THAT ANTICIPATED

DEALING WITH EMERGENCY SITUATIONS LIKE THIS. SO IT'S NOT A MATTER OF

WE'RE SAYING THAT THE VIRUS IS OVER. WE'RE SAYING THAT THE EXIGENCY HAS

RECEDED. WE'RE SAYING THAT THE GOVERNOR IS NOT THE ONLY PERSON NEEDED

TO RESPOND TO THIS. AND WHEN I LISTENED TO THE DEBATE AND I HEARD HOW

THIS IS A BALANCED APPROACH, AND WHEN YOU READ THE LEGISLATION AND FIND

OUT THAT RANKING MEMBERS OF THE COMMITTEES ARE NOT BEING NOTIFIED,

ONLY THE -- THE CHAIRMEN AND THE LEADERSHIP, I DON'T KNOW HOW YOU CAN

SAY IT'S A BALANCED APPROACH. I BELIEVE WE COULD -- THAT THE POLICIES

AND PROCEDURES ARE IN PLACE THAT A MESSAGE OF NECESSITY WOULD EQUALLY

DO THE SAME THING, AND BETTER, THAN THIS LEGISLATION WOULD DO. BECAUSE

THIS LEGISLATION DOES NOT GET TO THE HEART OF THE MATTER, WHICH IS

RESTORING THE LEGISLATURE TO A COEQUAL BRANCH OF GOVERNMENT.

I WANT TO THANK YOU FOR THE OPPORTUNITY TO SPEAK. I'LL

BE VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

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MS. MILLER.

MS. MILLER: THANK YOU. YOU KNOW, WHEN IT

COMES TO PUBLIC HEALTH AND THE WELL-BEING OF OUR CONSTITUENTS, I

BELIEVE ALL OF OUR VOICES SHOULD COUNT. ALL OF OURS. THIS -- THIS -- EVEN

THE BILL THAT WE'RE VOTING ON RIGHT NOW, IT SHOULD HAVE BEEN A PROCESS

OF ALL OF THE LEGISLATURE, ALL OF US TOGETHER. WHEN WE DO PUBLIC

HEARINGS, WHEN WE HAD OUR HEARINGS. WE ALL HAVE OPINIONS. WE ALL

HAVE SOMETHING WORTHWHILE. WE ALL KNOW OUR DISTRICTS. WE ALL SHOULD

HAVE HAD INPUT, AND I ONLY HOPE AND PRAY THAT MOVING FORWARD THE

MAJORITY IS WILLING TO LISTEN TO OUR VOICES, TO CONSIDER OUR VOICES AND

WELCOME OUR INPUT. WE SHOULD -- WE SHOULD BE COLLABORATING TOGETHER,

NOT APART. THIS IS NOT ONE SIDE VERSUS THE OTHER SIDE. COVID DOESN'T

KNOW PARTY. IT DOESN'T CARE PARTY. SO WE SHOULDN'T BE MAKING THIS

PARTY, THIS SHOULD HAVE BEEN ALL OF US WORKING TOGETHER. SO LIKE I SAID,

I JUST PRAY THAT MOVING FORWARD THIS IS SOMETHING THAT WE CAN LEARN

FROM THIS AS WELL, AND MAYBE WORK COLLABORATIVELY TOGETHER TO UNDO

SOME OF THESE DIRECTIVES THAT DON'T NEED TO BE IN PLACE ANYMORE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. DINOWITZ.

MR. DINOWITZ: I WANT TO THANK OUR SPEAKER AND

THE CHAIR OF OUR GOVERNMENTAL OPERATIONS COMMITTEE. HE DID AN

AMAZING JOB TODAY. I APPRECIATE THE TIME AND THE WORK THAT THEY AND

SO MANY OTHERS PUT IN TO BRING US TO WHERE WE ARE TODAY. I BELIEVE WE

ARE ACTING RESPONSIBLY TODAY AND WE'RE ACTING IN A TIMELY FASHION. I

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ALSO THINK THAT A NO VOTE TODAY IS A VOTE FOR THE STATUS QUO. IF YOU THINK

THAT THIS BILL DOESN'T GO FAR ENOUGH, A NO VOTE MEANS YOU DON'T WANT TO

GO ANYWHERE AT ALL. SO I WOULD URGE EVERYBODY TO VOTE YES, AND I VOTE

YES TODAY.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. IN THE NAME OF SCIENCE, TRANSPARENCY, NOT PLAYING POLITICS,

THAT'S WHAT I'VE HEARD FROM THE OTHER SIDE TODAY. BUT I'M TRULY SORRY,

THAT'S EXACTLY WHAT HAS BEEN SAID. THIS IS NOTHING MORE THAN POLITICAL

COVER AND THE REJECTION OF AN AMENDMENT THAT WOULD HAVE DONE

EVERYTHING. I ASKED THE QUESTION THAT HAD THE GOVERNOR NOT COME

UNDER SCANDAL, WOULD THIS BILL EVER HAVE COME TO THE FLOOR. MY GUESS

IS PROBABLY NOT. SO A BUNCH OF GARBAGE, TO MAKE IT QUITE SIMPLE.

FOR THOSE REASONS I WILL BE VOTING NO AND I URGE

EVERYONE TO VOTE NO. HAVE THE COURAGE THAT SENATOR BIAGGI AND

ASSEMBLYMEMBER KIM HAVE. HAVE THE COURAGE. DO THE RIGHT THING.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO WE

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE NEITHER

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HOUSEKEEPING NOR RESOLUTIONS, MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED AND THAT WE WILL RECONVENE AT 2:00 P.M.,

MARCH THE 8TH, MONDAY BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 7:01 P.M., THE HOUSE STOOD ADJOURNED

UNTIL MONDAY, MARCH 8TH AT 2:00 P.M., MONDAY BEING A SESSION DAY.)

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