MONDAY, APRIL 19, 2021 3:30 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF SUNDAY, APRIL 18TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
1
NYS ASSEMBLY APRIL 19, 2021
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, APRIL 18TH
AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU SO MUCH, MR.
SPEAKER. I'D LIKE TO CERTAINLY WELCOME OUR COLLEAGUES BACK TO THE
CHAMBERS, AS WELL AS THOSE WHO ARE WITH US REMOTELY. THAT WEEK OFF
WAS A NICE BREATH OF FRESH AIR, BUT WE'RE READY TO GO BACK TO WORK. SO I
WANT TO WELCOME FOLKS TO THE FIRST SESSION DAY OF THE 16TH WEEK OF THE
244TH LEGISLATIVE SESSION, AND I'D LIKE TO PROVIDE THIS QUOTE, MR.
SPEAKER, THIS ONE COMES FROM H. JACKSON BROWN WHO IS AN AMERICAN
AUTHOR BEST KNOWN FOR HIS INSPIRATIONAL BOOKS, THERE HAVE BEEN MANY
OF THEM. HIS WORDS TODAY: "THE BEST PREPARATION FOR TOMORROW IS
DOING YOUR BEST TODAY." THAT IS WHAT WE INTEND TO DO HERE TODAY, MR.
SPEAKER. AND SO COLLEAGUES SHOULD BE AWARE THAT THEY DO HAVE ON
THEIR DESKS A MAIN CALENDAR AND AN A-CALENDAR AND, MR. SPEAKER, I
WOULD NOW LIKE TO ADVANCE THAT A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES: THANK YOU VERY MUCH,
MR. SPEAKER. AFTER ANY HOUSEKEEPING, WE'RE GOING TO TAKE UP THE
RESOLUTIONS ON PAGE 3 OF THE MAIN CALENDAR OF WHICH SEVERAL MEMBERS
WOULD LIKE TO SPEAK. AND THEN WE'RE GOING TO TAKE UP A NUMBER OF
BILLS ON THE MAIN CALENDAR, AS WELL, WHICH HAVE NOT BEEN CONSENTED.
2
NYS ASSEMBLY APRIL 19, 2021
WE'RE GOING TO BEGIN WITH CALENDAR NO. 190 AND GO STRAIGHT THROUGH TO
CALENDAR NO. 218. WE WILL ALSO TAKE UP RULES REPORT NO. 48 BY MS.
WEINSTEIN, WHICH IS ON THE MAIN CALENDAR, AS WELL AS RULES REPORT
NO. 61 BY MS. REYES, WHICH IS ON THE A-CALENDAR.
MR. SPEAKER, THAT'S A GENERAL OUTLINE OF WHERE WE'RE
GOING TO BE GOING TODAY. IF YOU HAVE HOUSEKEEPING OR INTRODUCTIONS,
NOW WOULD BE A GREAT TIME. THANK YOU, SIR.
ACTING SPEAKER AUBRY: WE CERTAINLY HAVE A
BIT OF HOUSEKEEPING.
ON A MOTION BY MS. LUPARDO, PAGE 21, CALENDAR NO.
205, BILL NO. A05380-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
PAGE 3, ASSEMBLY PRINT 144, THE CLERK WILL READ,
RESOLUTIONS.
THE CLERK: ASSEMBLY RESOLUTION NO. 144, MR.
TAGUE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MARCH 25-31, 2021 AS FARMWORKER
AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. TAGUE ON THE
RESOLUTION.
MR. TAGUE: THANK YOU, MR. SPEAKER, ON THE
RESOLUTION. I AM HONORED TO JOIN YOU ALL HERE TODAY IN DECLARING THIS
MONTH FARMWORKER AWARENESS WEEK IN NEW YORK STATE TO SHINE A
LIGHT ON THOSE WHO GET OUR FOOD OUT OF THE GROUND, INTO OUR
SUPERMARKETS AND, ULTIMATELY, ON OUR PLATES. OUR FARM WORKERS WORK
3
NYS ASSEMBLY APRIL 19, 2021
TIRELESSLY TO WORK THEIR FIELDS, TEND TO THEIR ANIMALS, AND ASSURE OUR
FOOD SUPPLY IS MAINTAINED. IT IS BECAUSE OF THEIR HARD WORK THAT WE
HAVE BECOME KNOWN AS THE BREAD BASKET OF THE WORLD. FARM WORKERS
EMBODY THE AMERICAN SPIRIT OF HARD WORK BECAUSE WHEN CROPS ARE
READY, THEY HAVE TO BE, TOO. WHEN THEIR ANIMALS OR FIELDS NEED THEM,
THERE ARE NO VACATION DAYS. FARM WORKERS CAN'T FEED THIS COUNTRY ON A
9-TO-5 AND WORK IN THEIR FIELDS, BARNS, GREENHOUSES, AND WHEREVER ELSE
THEY NEED TO BE UNTIL THE JOB IS DONE.
EVEN WITH MANY SAFETY PROGRAMS IN PLACE, FARM WORK
IS INHERENTLY DANGEROUS AND DIFFICULT, AND A FARM IS TRULY A WORKPLACE
LIKE NO OTHER. WHETHER FACING BRUTAL HEAT OR BEATING RAIN, OUR FARMERS
WILL BE OUT AS LONG AS THEY NEED TO BE TO ASSURE THAT WE CAN EAT DINNER
WITH OUR FAMILIES AND IN THE COMFORT OF OUR OWN HOMES. OUR STATE HAS
A RICH TRADITION IN AGRICULTURE, WITH MANY OF OUR EARLIEST SETTLERS BEING
FARM WORKERS, AND RIGHT IN MY DISTRICT, THE HEART OF NEW YORK, THE
COUNTY OF SCHOHARIE, WAS KNOWN AS THE BREAD BASKET OF THE
REVOLUTION THROUGHOUT THE 13 COLONIES BECAUSE OF ALL THE FOOD THAT
WAS PRODUCED IN ITS FERTILE VALLEY. OUR MODERN FARM WORKERS CARRY ON
THIS LEGACY AS THEY HARVEST MORE FOOD FOR THE PEOPLE IN OUR STATE, OUR
NATION, AND THROUGHOUT THE WORLD THAN EVER BEFORE. WE SHOULD ALL BE
PROUD OF THE DIFFICULT AND SKILLED WORK OUR FARM WORKERS DO TO PROVIDE
US WITH THE BEST AGRICULTURAL PRODUCTS ON THE PLANET BECAUSE, FOLKS,
WITH NO FARMS, WE HAVE NO FOOD. AND OUR FARM WORKERS ARE THE ONES
THAT CONNECT THE FIELDS TO OUR STORE SHELVES.
MANY OF YOU HAVE JOINED ME FOR MY ANNUAL FARM TOUR
4
NYS ASSEMBLY APRIL 19, 2021
WHERE WE CONNECT THE DOTS AND HELP -- HELP EDUCATE THOSE THAT DON'T
KNOW WHERE THEIR FOOD COMES FROM. SO I'M GOING TO ASK YOU TODAY TO
BE SURE TO THANK A FARM WORKER THIS WEEK AND EVERY DAY. GOD BLESS
OUR FARM WORKERS, GOD BLESS NEW YORK AGRICULTURAL, AND THANK YOU
FARM WORKERS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. LUPARDO ON THE RESOLUTION.
MS. LUPARDO: THANK YOU VERY MUCH, MR.
SPEAKER. I'D JUST LIKE TO OFFER A COUPLE OF QUICK WORDS. I'D LIKE TO
THANK MY COLLEAGUE FOR OFFERING THIS VERY IMPORTANT RESOLUTION
ACKNOWLEDGING THE IMPORTANCE OF FARM WORKERS. THEY ARE CERTAINLY
THE UNSUNG HEROS OF THE FOOD SUPPLY CHAIN. WE CERTAINLY LEARNED THAT
DURING THIS -- THIS LAST YEAR OF THIS PANDEMIC. THEY LABOR UNDER VERY
DIFFICULT CONDITIONS TO ENSURE THAT OUR FAMILIES ARE FED. WE WILL NEVER,
EVER BE ABLE TO THANK THEM ENOUGH FOR DOING WORK THAT MANY
AMERICANS DO -- DO NOT SHOW INTEREST IN DOING. THIS IS TOUGH WORK
AND IT'S THE LEAST WE CAN DO TO PAUSE TO ACKNOWLEDGE THEIR CONTRIBUTION,
AND THANK YOU TO ALL OF MY COLLEAGUES WHO SUPPORTED THIS RESOLUTION.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 145, MR.
ABINANTI.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MARCH 2021 AS DEVELOPMENTAL
5
NYS ASSEMBLY APRIL 19, 2021
DISABILITIES AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. ABINANTI ON THE
RESOLUTION.
MR. ABINANTI: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO PRESENT AND ADDRESS THIS RESOLUTION PROCLAIMING
DEVELOPMENTAL DISABILITY AWARENESS MONTH. IT GIVES US AN
OPPORTUNITY TO TAKE STOCK OF HOW OUR FAMILY MEMBERS AND OUR
NEIGHBORS WITH DEVELOPMENTAL DISABILITIES ARE FAIRING. WE ALL HAVE
DIFFERENT ABILITIES. WE ALL FACE DIFFERENT CHALLENGES. WE ARE A BETTER
AND STRONGER COMMUNITY WHEN WE CONCENTRATE ON PEOPLE'S STRENGTHS,
WHEN WE WORK TOGETHER AS A COMMUNITY TO PROVIDE THE TOOLS FOR
EVERYONE TO FULLY PARTICIPATE. BUT PEOPLE WITH DEVELOPMENTAL
DISABILITIES FACE SPECIAL CHALLENGES IN TRYING TO FULLY PARTICIPATE IN OUR
COMMUNITIES. FOR THEM AND THEIR FAMILIES, EVERY MONTH IS DISABILITIES
MONTH, AND EVERY DAY IS DISABILITIES AWARENESS DAY. AND THEY HAVE
BEEN PARTICULARLY HARD HIT BY THE COVID-19 PANDEMIC.
AS A GROUP, PEOPLE WITH DEVELOPMENT DISABILITIES
REFLECT OUR POPULATION. THEY ARE DIVERSE, THEY ARE BRIGHT, TALENTED,
ARTISTIC, BUT MOST OF THESE SPECIAL PEOPLE ARE STRUGGLING TO COPE WITH A
WORLD THAT DOESN'T UNDERSTAND THEM OR INCLUDE THEM. BY THIS
RESOLUTION, WE'RE SAYING THAT WE DO UNDERSTAND. AND I COMMEND THIS
ASSEMBLY FOR THE EFFORTS WE HAVE MADE TO PROVIDE RESOURCES FOR THOSE
WITH DEVELOPMENTAL DISABILITIES. THOSE WITH DEVELOPMENTAL
DISABILITIES JUST WANT WHAT EVERY OTHER NEW YORKER WANTS, AN
OPPORTUNITY FOR A GOOD EDUCATION, GOOD HEALTH CARE, A GOOD PLACE TO
6
NYS ASSEMBLY APRIL 19, 2021
LIVE, JOB SKILLS, GOOD JOBS, AN OPPORTUNITY TO PARTICIPATE FULLY IN OUR
NEW YORK COMMUNITY.
AND NEW YORK HAS PROVIDED RESOURCES TO HELP MANY
WITH DISABILITIES, BUT NEW YORK HAS ALSO FAILED MANY. OUR MODEL
EARLY INTERVENTION PROGRAM HAS WITHERED; SITE-BASED PRE-SCHOOL
PROGRAMS HAVE BECOME A RARITY; K-12 SCHOOLS STRUGGLE TO PROVIDE
NECESSARY INDIVIDUALIZED EDUCATION; YOUNG MEN AND WOMEN WITH DD
WHO SEEK HIGHER EDUCATION FIND FEW SUPPORT PROGRAMS. THOSE OVER 21
WHO ARE SUPPOSED TO TRANSITION FIND LITTLE HELP. IN NEW YORK, THEY
MUST BECOME POVERTIZED TO QUALIFY FOR MEDICAID TO RECEIVE ANY
OPWDD SERVICES AT ALL. SUITABLE HOUSING IS SCARCE, EMPLOYMENT EVEN
SCARCER. OPWDD-CERTIFIED SERVICES ARE BEING RATIONED AND CRISIS
RESPONSE OFTEN IS NON-EXISTENT.
A NEW YORK TIMES ARTICLE NOT LONG AGO PORTRAYED THE
PLIGHT. THE ARTICLE SHOWS THAT MANY OF THE FEDERALLY MANDATED
SUPPORTS AND SERVICES DISAPPEAR AT AGE 21, AND LONELINESS AND SOCIAL
ISOLATION ARE COMMON. FINALLY, IT'S ESTIMATED THAT'S 1-IN-6 CHILDREN
HAVE BEEN DIAGNOSED WITH A DEVELOPMENTAL DISABILITY, AND THAT AUTISM
ALONE, THE FASTEST GROWING DEVELOPMENTAL DISABILITY IN THE UNITED
STATES NOW AFFECTS 1-IN-39 BOYS. ABOUT 500,000 CHILDREN IN THE
UNITED STATES WITH AUTISM REACH THE AGE OF 21 OVER THE NEXT TEN YEARS.
WE IN NEW YORK CERTAINLY ARE NOT PREPARED. WE NEED MUCH MORE
AWARENESS.
THANK YOU.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
7
NYS ASSEMBLY APRIL 19, 2021
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 146, MS.
JOYNER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MARCH 2021 AS BLEEDING DISORDERS
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 147, MR.
MCDONALD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM APRIL 6, 2021 AS MISSING PERSONS DAY
IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 148, MS.
JEAN-PIERRE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM APRIL 8, 2021 AS LIBRARY ASSISTANTS'
DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. JEAN-PIERRE ON
THE RESOLUTION.
8
NYS ASSEMBLY APRIL 19, 2021
MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS IMPORTANT RESOLUTION. IN CONJUNCTION
WITH LIBRARY WEEK IN THE STATE OF NEW YORK, WHICH WAS APRIL 4TH
THROUGH 10TH, WE ALSO CELEBRATE AND RECOGNIZE LIBRARY ASSISTANTS' DAY
IN THE STATE OF NEW YORK ON APRIL 8TH. LIBRARY ASSISTANTS ARE ESSENTIAL
EMPLOYEES IN OUR COMMUNITIES, DELIVERING RESOURCES TO OUR
CONSTITUENTS EVEN DURING TOUGH TIMES. LIBRARY ASSISTANTS ARE EXTREMELY
IMPORTANT TO A LIBRARY'S OPERATION, INCLUDING ASSISTING THE LIBRARIAN WITH
THEIR DAILY TASKS SUCH AS REPAIRING BOOKS AND MAINTAINING THE CATALOG
SYSTEM. I AM VERY APPRECIATIVE THAT LEGISLATIVE BODY HAS TAKEN THE
TIME TO RECOGNIZE THIS DAY IN SUCH AN IMPORTANT PROFESSION FOR THE STATE
OF NEW YORK. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
PAGE 18, CALENDAR NO. 190 ON CONSENT.
THE CLERK: ASSEMBLY NO. A00118-A, CALENDAR
NO. 190, PAULIN, GOTTFRIED, PICHARDO, OTIS. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO THE DEFINITION OF DESIGNATED OFFENDER.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00189, CALENDAR NO.
191, PERRY, DICKENS, TAYLOR, BARRON, COLTON, COOK, WILLIAMS,
SEAWRIGHT, JACOBSON. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION
TO PROHIBITING AN INSURER FROM CANCELLING OR REFUSING TO RENEW OR
CONDITION ITS RENEWAL OF AUTOMOBILE INSURANCE POLICIES IN CERTAIN CASES.
9
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00196, CALENDAR NO.
192, GOTTFRIED, BRONSON, STECK, GALEF, L. ROSENTHAL, ABINANTI,
BENEDETTO, DINOWITZ, HYNDMAN, LUPARDO, SAYEGH, BARRON, DARLING,
SEAWRIGHT, ENGLEBRIGHT, COLTON, STIRPE, GRIFFIN, JACOBSON, EPSTEIN,
WALKER, PERRY, SIMON, JACKSON, FORREST, CRUZ, CARROLL, FRONTUS. AN
ACT TO AMEND THE SOCIAL SERVICES LAW AND THE MENTAL HYGIENE LAW, IN
RELATION TO VIOLATIONS OF SAFETY CONDITIONS IN ADULT CARE FACILITIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00349, CALENDAR NO.
193, JACOBSON, OTIS. AN ACT TO AMEND THE MUNICIPAL HOME RULE LAW,
IN RELATION TO THE DEFINITION OF "POPULATION" FOR PURPOSES OF PROVIDING
SUBSTANTIALLY EQUAL WEIGHT FOR THE POPULATION OF THAT LOCAL GOVERNMENT
IN THE ALLOCATION OF REPRESENTATION IN THE LOCAL LEGISLATIVE BODY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00753, CALENDAR NO.
194, GALEF, CUSICK, WEPRIN, STECK, GRIFFIN. AN ACT TO AMEND THE
VEHICLE AND TRAFFIC LAW, IN RELATION TO PROHIBITING CHILDREN UNDER THE
AGE OF EIGHT FROM RIDING AS A PASSENGER IN THE FRONT SEAT OF A MOTOR
VEHICLE EXCEPT UNDER LIMITED CIRCUMSTANCES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00949, CALENDAR NO.
195, ZEBROWSKI, OTIS. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN
RELATION TO AUTHORIZING THE PUBLIC SERVICE COMMISSION TO REQUIRE
WATER-WORKS CORPORATIONS TO PROVIDE CERTAIN RESIDENTS WITH NON-BILLING
10
NYS ASSEMBLY APRIL 19, 2021
RELATED INFORMATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT A949. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
FIRST VOTE OF THE DAY, MEMBERS.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00958, CALENDAR NO.
196, ABINANTI, BUTTENSCHON. AN ACT TO AMEND A CHAPTER OF THE LAWS OF
2020 RELATING TO PROVIDING THAT CERTAIN SCHOOLS SHALL EXPERIENCE NO
FINANCIAL HARM FOR REDUCED ENROLLMENT OR INABILITY TO OPERATE FOR THE
FULL 180 SESSION DAYS DUE TO THE OUTBREAK OF CORONAVIRUS DISEASE 2019
(COVID-19), AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.8014-C AND
A.10193, IN RELATION TO PROVIDING THAT CERTAIN SCHOOLS SHALL EXPERIENCE
NO FINANCIAL HARM FOR INABILITY TO OPERATE FOR THE FULL 180 SESSION DAYS
DUE TO THE OUTBREAK OF CORONAVIRUS DISEASE 2019 (COVID-19).
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABINANTI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
11
NYS ASSEMBLY APRIL 19, 2021
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT S897. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01889-A, CALENDAR
NO. 197, LUPARDO, BUTTENSCHON, TAGUE, BLANKENBUSH. AN ACT TO
AMEND THE AGRICULTURE AND MARKETS LAW, IN RELATION TO AGRICULTURAL
CUSTOM OPERATORS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
LUPARDO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT S2135-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
12
NYS ASSEMBLY APRIL 19, 2021
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02045, CALENDAR NO.
189, ABINANTI, COLTON, THIELE, L. ROSENTHAL, GOTTFRIED, STECK, CARROLL,
SEAWRIGHT, GALEF, GLICK, REYES, FAHY, GRIFFIN. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE IDLING TIME OF
PASSENGER VEHICLES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02168, CALENDAR NO.
199, JACOBSON, SEAWRIGHT, DINOWITZ, EPSTEIN, ANDERSON, MAMDANI,
GALEF, GOTTFRIED, SILLITTI, SIMON, JACKSON, WALKER. AN ACT TO AMEND
THE ELECTION LAW, IN RELATION TO REQUIRING THE POSTING OF INFORMATION
CONCERNING A CHANGE IN THE LOCATION OF A POLLING PLACE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2168. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02230, CALENDAR NO.
200, REYES, DE LA ROSA, J. RIVERA, FERNANDEZ, COLTON, GOTTFRIED,
MCDONOUGH, GLICK, RICHARDSON, ROZIC, FALL, GRIFFIN, HEVESI, CRUZ,
13
NYS ASSEMBLY APRIL 19, 2021
OTIS, VANEL, JACOBSON, PAULIN, BURGOS, MEEKS, GONZÁLEZ-ROJAS. AN
ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO ENACTING THE "HATE
CRIMES ANALYSIS AND REVIEW ACT."
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
REYES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02261, CALENDAR NO.
201, SIMON, DINOWITZ, PERRY, KELLES, WOERNER. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO GRANTING PRIVATE
CITIZENS THE RIGHT TO INITIATE CIVIL ENFORCEMENT ACTIONS FOR VIOLATIONS OF
SUCH LAW.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03766, CALENDAR NO.
202, DICKENS, AUBRY, BARRETT, DARLING, JEAN-PIERRE, RICHARDSON,
SAYEGH, RODRIGUEZ, STECK, TAYLOR. AN ACT TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO PROVIDING NOTICE TO APPLICANTS OF POTENTIAL
LIABILITY FOR PUBLIC ASSISTANCE BENEFITS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JUNE 30TH,
2022.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3766. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
14
NYS ASSEMBLY APRIL 19, 2021
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04075, CALENDAR NO.
203, GLICK, O'DONNELL, COLTON, ENGLEBRIGHT, L. ROSENTHAL, PERRY,
ZEBROWSKI, BYRNE, JACOBSON, EPSTEIN, WEPRIN, GOTTFRIED, LAVINE,
BRONSON. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
PROHIBITING INSURERS FROM CANCELING, REFUSING TO ISSUE OR RENEW, OR
CHARGING HIGHER PREMIUMS FOR HOMEOWNERS' INSURANCE BASED ON THE
BREED OF DOG OWNED.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05082, CALENDAR NO.
204, ENGLEBRIGHT, SIMON, EPSTEIN, COOK, STECK, AUBRY, NIOU,
SEAWRIGHT, FAHY, THIELE, ABINANTI, GOTTFRIED, GALEF, DE LA ROSA,
BARRON, L. ROSENTHAL, WEPRIN, GRIFFIN, WOERNER, REYES, PAULIN,
GONZÁLEZ-ROJAS, PHEFFER AMATO, KELLES, GALLAGHER. AN ACT TO AMEND
THE ENVIRONMENTAL CONSERVATION LAW AND THE STATE FINANCE LAW, IN
RELATION TO RESTRICTING HOTELS FROM MAKING AVAILABLE TO HOTEL GUESTS
SMALL PLASTIC BOTTLE HOSPITALITY PERSONAL CARE PRODUCTS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05380-A, CALENDAR
NO. 205 WAS AMENDED ON THIRD READING.
ASSEMBLY NO. A06046, CALENDAR NO. 206, BICHOTTE
HERMELYN. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO ELECTRONIC
APPLICATIONS FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE REPEAL OF SUCH
15
NYS ASSEMBLY APRIL 19, 2021
PROVISIONS UPON THE EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6046. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: MR. SPEAKER, WOULD YOU LAY ASIDE
THIS BILL, PLEASE.
ACTING SPEAKER AUBRY: TAKE THAT BACK. THE
BILL IS LAID ASIDE.
MR. GOODELL: THANK YOU, SIR.
THE CLERK: ASSEMBLY NO. A06047, CALENDAR NO.
207, BICHOTTE HERMELYN. AN ACT TO AMEND THE ELECTION LAW, IN
RELATION TO THE MAILING AND RECEIPT OF ABSENTEE BALLOTS; AND TO PROVIDE
FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06220, CALENDAR NO.
208, LUNSFORD. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
ABSENTEE VOTING BY RESIDENTS OF NURSING HOMES AND OTHER LONG-TERM
CARE FACILITIES; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
16
NYS ASSEMBLY APRIL 19, 2021
LUNSFORD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06259, CALENDAR NO.
209, PAULIN, OTIS. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO BROADBAND SERVICE FOR LOW-INCOME CONSUMERS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06261, CALENDAR NO.
210, STERN, OTIS, COLTON, GRIFFIN. AN ACT TO AMEND THE ECONOMIC
DEVELOPMENT LAW, IN RELATION TO RECHARGE NEW YORK POWER FOR
ELIGIBLE SMALL BUSINESSES AND NOT-FOR-PROFIT CORPORATIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: VOTE -- THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 6261. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06477, CALENDAR NO.
212, WALKER. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
CONTRIBUTION AND RECEPIT LIMITATIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
17
NYS ASSEMBLY APRIL 19, 2021
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6477. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. WHILE THIS
BILL DOES HELP LIMIT THE NUMBER OF PEOPLE WHO QUALIFY FOR TAXPAYER
FUNDED CAMPAIGNS, IT STILL DOES NOT GO FAR ENOUGH, WHICH IS IT SHOULD
REPEAL THE ENTIRE PROGRAM AND WE SHOULD NOT BE CREATING A WELFARE
SYSTEM FOR POLITICIANS TO HELP GET THEM ELECTED. SO FOR THAT SPECIFIC
REASON, WHILE I DO APPRECIATE THAT IT DOES LIMIT THE NUMBER OF PEOPLE
WHO QUALIFY, I WILL BE VOTING NO AND ENCOURAGE PEOPLE TO SUPPORT MY
BILL THAT WOULD REPEAL THIS IN FULL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. LAWLER IN THE
NEGATIVE.
MR. TAYLOR.
MR. TAYLOR, YOU'VE GOT TO -- YOU HAVE TO UNMUTE
YOURSELF, SIR.
MR. TAYLOR: MY APOLOGIES, MR. SPEAKER, MY
HAND WAS INADVERTENTLY RAISED.
ACTING SPEAKER AUBRY: PLEASE. OH.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
18
NYS ASSEMBLY APRIL 19, 2021
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06478, CALENDAR NO.
213, BARRETT, OTIS. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
EARLY VOTING POLLING PLACES FOR CERTAIN SPECIAL, PRIMARY AND RUN-OFF
PRIMARY ELECTIONS AT WHICH NO VOTERS ARE ELIGIBLE TO VOTE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6478. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06481, CALENDAR NO.
214, MCMAHON, CONRAD, LUPARDO. AN ACT AUTHORIZING POLITICAL
SUBDIVISIONS TO PERMIT ANY PUBLIC BODY TO HOLD MEETINGS REMOTELY AND
WITHOUT IN-PERSON ACCESS DURING THE COVID-19 STATE DISASTER
EMERGENCY; AND PROVIDES FOR THE REPEAL OF SUCH PROVISIONS UPON THE
EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6481. THIS IS A FAST ROLL CALL. ANY MEMBER
19
NYS ASSEMBLY APRIL 19, 2021
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06482, CALENDAR NO.
215, BARRETT. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO THE
PROVIDING THAT A VOTER MAY REGISTER TO VOTE AT ANY RESIDENCE TO WHICH
THE VOTER MAINTAINS A CONTINUOUS CONNECTION WITH AN INTENT TO RETURN.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03359, CALENDAR NO.
216, PAULIN, OTIS, GALEF, BARRON. AN ACT TO AMEND THE PUBLIC SERVICE
LAW, IN RELATION TO PROHIBITING UTILITY COMPANIES FROM HARASSING,
OPPRESSING OR ABUSING ANY RESIDENTIAL CUSTOMER IN CONNECTION WITH THE
HANDLING OF A COMPLAINT OR UNPAID BALANCE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3359. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
20
NYS ASSEMBLY APRIL 19, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04063-A, CALENDAR
NO. 217, ABBATE, ZEBROWSKI, BARRON, COLTON. AN ACT TO AMEND THE
CIVIL SERVICE LAW, IN RELATION TO PROHIBITING PUBLIC EMPLOYERS FROM
RETALIATING AGAINST EMPLOYEES FOR ABSENCES RELATED TO COVID-19.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06015, CALENDAR NO.
218, DINOWITZ, GRIFFIN. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO
IMPERSONATING ANOTHER BY USING ANOTHER'S ELECTRONIC SIGNATURE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6015. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, RULES REPORT NO. 48, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06617-A, RULES
REPORT NO. 48, WEINSTEIN, JOYNER, CAHILL, GALEF, GOTTFRIED,
21
NYS ASSEMBLY APRIL 19, 2021
MAGNARELLI, JACKSON, MITAYNES. AN ACT TO AMEND THE CIVIL PRACTICE
LAW AND RULES, THE BANKING LAW AND THE DEBTOR AND CREDITOR LAW, IN
RELATION TO EXEMPTING COVID-19 STIMULUS RELIEF FOR INDIVIDUALS AND
FAMILIES WITH CHILDREN FROM MONEY JUDGMENTS.
MR. GOODELL: EXPLANATION, PLEASE.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WEINSTEIN.
MS. WEINSTEIN: YES, CERTAINLY, MR. SPEAKER. AS
WE ALL KNOW, THE RECENT FEDERAL RELIEF LEGISLATION, IN ADDITION TO PRIOR
FEDERAL COVID-RELATED LEGISLATION, HAS BEEN ENACTED TO HELP PEOPLE
MEET THEIR MOST BASIC FINANCIAL NEEDS, LARGELY THROUGH STIMULUS
PAYMENTS, INCLUDING TO PAY -- FUNDS TO HELP PAY FOR FOOD, RENT, UTILITIES
AND OTHER BASIC NECESSITIES. THIS BILL WOULD SHIELD, IN OUR UNIQUE
COVID AFFLICTED TIMES, THESE FUNDS FROM THE REACH OF DEBT COLLECTORS.
AND JUST AS WAY AS A BACKGROUND FOR MEMBERS, SINCE 2009 BANKS AND
JUDGMENT CREDITORS IN NEW YORK HAVE APPLIED THE WELL-ESTABLISHED
PRINCIPLES AND PROCEDURES UNDER THE EXEMPT INCOME PROTECTION ACT,
WHICH I SPONSORED, THAT EXECUTES A CAREFUL BALANCE OF THE RIGHTS OF
DEBTORS IN NEW YORK WITH THE RIGHTS OF JUDGMENT CREDITORS TO USE
RESTRAINT AND LEVY PROCESS UNDER THE CPLR. SO -- AND THAT PROCESS
APPLIES TO VARIOUS MONIES WHICH ARE EXEMPT UNDER BOTH THE -- THE IPA
AND FEDERAL LAW, FOR EXAMPLE, SOCIAL SECURITY, SOCIAL SECURITY
DISABILITY, SSI, PUBLIC ASSISTANCE, VETERANS BENEFITS, ET CETERA. AND IT
OUTLINES THE PROCEDURE FOR THE THESE MULTIPLE FUNDS THAT ARE EXEMPT
FROM STATE AND FEDERAL LAW.
22
NYS ASSEMBLY APRIL 19, 2021
AND WHAT THIS BILL DOES IS QUITE SIMPLY ADD ANOTHER
CATEGORY OF FUNDS, COVID-RELATED FEDERAL RELIEF MONIES TO WHICH THE
SAME PROCEDURE MUST BE APPLIED. IT DOES NOT CHANGE THE PROCEDURE OR
ADD ANY COMPLEXITY TO THE EXISTING LAWS. SO I THINK WITH THAT AS AN
EXPLANATION, JUST TO SAY THAT THE EXEMPTION HAS BEEN WORKING WELL, THE
BANKS AND CREDITORS HAVE BEEN COMPLYING WITH THIS SINCE JANUARY 2009
AND I THINK IT HAS HELPED NEW YORKERS SINCE THEN AND THIS WOULD HELP
ENSURE THAT THE STIMULUS FUNDS CAN BE USED TO HELP NEW YORKERS PAY
FOR THEIR BASIC NEEDS.
BE HAPPY AT THIS POINT TO ANSWER ANY QUESTIONS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. IF I MAY ASK A
QUESTION, I SAW MS. WEINSTEIN SAID SHE'D BE HAPPY TO ANSWER AND I
WOULD LIKE NOTHING MORE THAN TO MAKE HER HAPPY.
ACTING SPEAKER AUBRY: MR. GOODELL ASKS YOU
TO YIELD, MS. WEINSTEIN.
MS. WEINSTEIN: I -- I -- ALWAYS.
ACTING SPEAKER AUBRY: I THINK SHE'S
DELIGHTED.
(LAUGHTER)
MS. WEINSTEIN: DELIGHTED. HAPPY AND DELIGHTED.
MR. GOODELL: THANK YOU, MS. WEINSTEIN. YOU
KNOW, EVERY -- EVERY DAY I STRUGGLE TO MAKE AT LEAST ONE PERSON HAPPY,
AND IF I CAN MAKE YOU HAPPY TODAY I'VE MET MY PRELIMINARY GOAL.
MS. WEINSTEIN: OK, LET'S TRY.
23
NYS ASSEMBLY APRIL 19, 2021
MR. GOODELL: SORRY, I DO HAVE MORE QUESTIONS.
THIS BILL WOULD APPLY, OF COURSE, TO THE EXTRA UNEMPLOYMENT
PAYMENTS, RIGHT, THE EXTRA $600 A WEEK INITIALLY, $300 I THINK AFTER
THAT; THAT'S COVERED BY THIS LEGISLATION, CORRECT?
MS. WEINSTEIN: NO. IT'S NOT THE UNEMPLOYMENT
PAYMENT, IT'S THE STIMULUS FUNDS.
MR. GOODELL: AND SO FAMILIES WHO QUALIFIED
INITIALLY GOT A $2,000 CHECK AS I RECALL, $2,000 PER PERSON, AND THEN
THEY GOT A SECOND CHECK FOR $1,400 I BELIEVE, AND THEN A THIRD CHECK
FOR ANOTHER $600, IS THAT CORRECT?
MS. WEINSTEIN: I THINK THE -- THE AMOUNTS ARE
DIFFERENT. THE LAST ONE WAS -- THE ONE THAT'S HAPPENING RIGHT NOW IS THE
$1,400. PRIOR TO THAT, IT WAS A $600 AND I THINK PRIOR TO THAT WAS, I'M
NOT SURE THE DOLLAR AMOUNT. I SHOULD NOTE THAT IN THE EARLIER STIMULUS
BILLS, THE RECOVERY BILLS, THERE WAS LANGUAGE, SPECIFIC LANGUAGE ON THE
FEDERAL LEVEL THAT PROTECTED THESE FUNDS AND MADE THEM EXEMPT FROM
COLLECTION, BUT THIS LAST ROUND BECAUSE OF HOW THE AMERICAN RECOVERY
ACT WAS ADOPTED, THAT LANGUAGE DID NOT MAKE IT INTO -- WAS NOT ABLE TO
BE INCLUDED IN THE FEDERAL LEGISLATION WHICH IS PART OF WHAT
NECESSITATES THE NEED FOR STATE ACTION.
MR. GOODELL: THEN AM I CORRECT THAT THERE WAS
AN INCOME THRESHOLD THAT YOU HAD TO BE BELOW A CERTAIN THRESHOLD IN
ORDER TO BE ELIGIBLE FOR THE STIMULUS CHECKS?
MS. WEINSTEIN: YES, THAT'S -- THAT'S MY
UNDERSTANDING.
24
NYS ASSEMBLY APRIL 19, 2021
MR. GOODELL: AND DO YOU KNOW WHAT THOSE
INCOME THRESHOLDS WERE?
MS. WEINSTEIN: NO, I DO NOT HAVE THE EXACT
AMOUNTS. I THINK THE LAST ONE WAS I BELIEVE $75,000 INDIVIDUAL.
MR. GOODELL: SO YOU COULD BE AN INDIVIDUAL
EARNING $75,000, NOT LOSE YOUR JOB, NOT LOSE ANY INCOME WHATSOEVER
AND YOU'D GET THE STIMULUS CHECK, WHICH IS SEVERAL THOUSAND WHEN YOU
COMBINE ALL THREE. IF YOU'RE A FAMILY, AM I CORRECT THAT YOU GOT THAT
STIMULUS CHECK PER PERSON SO IF IT WAS A FAMILY OF FOUR YOU'D MULTIPLY
THAT BY FOUR, IS THAT CORRECT?
MS. WEINSTEIN: YES.
MR. GOODELL: SO IF YOU NEVER LOST ANY
EMPLOYMENT, YOUR INCOME IS THE SAME AND YOU RECEIVED THOUSANDS AND
THOUSANDS OF DOLLARS OF STIMULUS FROM THE FEDERAL GOVERNMENT, WHY
WOULDN'T WE REQUIRE OR EXPECT THAT PERSON TO, FOR EXAMPLE, USE THOSE
FUNDS TO PAY THEIR RENT OR THEIR MORTGAGE OR THEIR UTILITIES?
MS. WEINSTEIN: WELL, I WOULD SAY THAT THESE
FUNDS ARE IN THE SAME CATEGORY -- I WOULD PUT THEM IN THE SAME
CATEGORY AS SOCIAL SECURITY, WHICH IS EXEMPT. YOU COULD HAVE A --
TWO OLDER INDIVIDUALS COLLECTING SOCIAL SECURITY, IF THEY ARE COLLECTING
THE MAXIMUM SOCIAL SECURITY, THEY'RE GOING TO BE HAVING -- YOU COULD
HAVE A $7,000 MONTHLY SOCIAL SECURITY PEOPLE AT A MAXIMUM LEVEL.
WE DON'T -- THE FEDERAL GOVERNMENT IN -- IN DISTRIBUTING THE STIMULUS
FUNDS DID NOT -- DOES NOT SIT AND ASK WHETHER THE FUNDS ARE -- WHETHER
YOU LOST YOUR JOB, DIDN'T LOSE YOUR JOB. THE IDEA IS THAT IT'S FOR SO MANY
25
NYS ASSEMBLY APRIL 19, 2021
FAMILIES THAT HAVE BEEN HARD HIT THAT THESE FUNDS SHOULD BE USED FOR --
WILL BE NEEDED TO BE USED FOR SOME OF THESE NECESSITIES. THE
PROCEDURE, YOU KNOW, IS THERE. LIKE I SAY, WE'VE PROTECTED OTHER FUNDS
WITHOUT AND WE CONTINUE TO PROTECT OTHER FUNDS SUCH AS VETERANS
BENEFITS WITHOUT INTERROGATING THE INDIVIDUAL VETERAN WHETHER THEY
HAVE OTHER INCOME THAT WOULD ALLOW THEM TO PAY -- PAY A DEBT AND WE
FEEL THAT THESE FUNDS SHOULD BE AT THAT SAME LEVEL.
MR. GOODELL: FOR OTHER FUNDS, WHETHER IT'S SOCIAL
SECURITY, VETERANS BENEFITS OR ANYTHING ELSE, AS YOU KNOW YOU CAN
APPLY -- A JUDGMENT CREDITOR CAN APPLY TO THE COURT FOR A COURT ORDER
DIRECTING THAT SOME OF THE FUNDS BE PAID DIRECTLY. IT'S AN INDIVIDUAL
ACTION. WOULD THAT CONTINUE UNDER THIS PROVISION?
MS. WEINSTEIN: WE DON'T MAKE A CHANGE TO OTHER
LAWS, ALL THAT WE DO IS WE ADD THE FEDERAL STIMULUS FUNDS TO THE LIST OF
ITEMS UNDER NEW YORK STATE LAW THAT ARE PROTECTED UNDER THE EXEMPT
INCOME PROTECTION ACT. SO TO THE EXTENT THERE ARE OTHER LAWS THAT EXIST
RELATING TO INDIVIDUALS' FUNDS, THIS DOES NOT AFFECT THOSE.
MR. GOODELL: I WAS PLEASED TO SEE THAT THE
PROPOSED EXEMPTION UNDER THIS STATUTE DOES NOT APPLY IF THE DEBT
RELATED TO CHILD SUPPORT, SPOUSAL SUPPORT, MAINTENANCE, ALIMONY,
DISTRIBUTIVE AWARD OR RESTITUTION IN A FAMILY OFFENSE PROCEEDING, I
THOUGHT THAT WAS A POSITIVE MOVE. IS THERE A REASON WHY THIS
EXEMPTION DOESN'T APPLY OR WHY THIS EXEMPTION WOULD APPLY IF THE
DEBT WAS INCURRED AS A RESULT OF AN INTENTIONAL TORT? FOR EXAMPLE, WHY
SHOULDN'T A VICTIM WHO HAS BEEN ATTACKED OUTSIDE THE CONTEXT OF A
26
NYS ASSEMBLY APRIL 19, 2021
FAMILY OFFENSE, BUT WAS ATTACKED OR SHOCKED OR PERSONALLY INJURED, WHY
SHOULDN'T A VICTIM OF THAT NATURE BE ABLE TO ATTACH THESE FUNDS TO PAY
FOR THE COST OF THEIR RECOVERY OR THEIR DAMAGES OR THEIR PERSONAL
INJURIES? IS THERE A REASON WHY WE LIMIT IT TO JUST FAMILY OFFENSES?
MS. WEINSTEIN: WE -- WITH THE UNDERSTANDING, IT
WAS A CHANGE THAT WE ADDED WITH THE UNDERSTANDING -- THE LIMITATION OF
THE UNDERSTANDING THAT AS A RESULT OF COVID THERE HAS BEEN AN
INCREASE IN DOMESTIC VIOLENCE, SO WE WANTED TO MAKE SURE THAT WAS
ADDRESSED. BUT AS I SAID, WE -- WE'RE NOT RELITIGATING THE -- WHETHER THE
EXEMPT INCOME PROTECTION ACT SHOULD EXIST. IT'S BEEN IN EFFECT SINCE
2009 AND HAS BEEN COOPERATED WITH, AS I SAID, WITH BANKS, WITH DEBT --
DEBTOR -- DEBTOR'S ATTORNEYS, DEBT COLLECTION ATTORNEYS, AND WITH THE
DEBTORS THEMSELVES. SO IT'S NOT A RE-LOOKING AT THE WHOLE ACT, BUT
MERELY ADDING THIS ADDITIONAL CATEGORY TO THE EXISTING PROTECTIONS.
MR. GOODELL: NOW I NOTE THAT THE PROPOSED BILL
INCLUDES A STATUTORY NOTICE THAT MUST BE SENT TO A JUDGMENT DEBTOR,
NUMBER 14 WOULD SAY COVID-19 STIMULUS RELIEF FOR INDIVIDUALS AND
FAMILIES WITH CHILDREN. WHY IS THERE A REFERENCE TO CHILDREN ON THE
NOTICE, BECAUSE I DIDN'T SEE ANY REFERENCE OF CHILDREN IN THE TEXT OF THE
BILL. AM I MISSING SOMETHING?
MS. WEINSTEIN: I THINK IT'S JUST TO MAKE NOTE THAT
THE -- BECAUSE THERE ARE STIMULUS PAYMENTS THAT WOULD GO TOWARDS --
UNDER THE FEDERAL ACT, THE STIMULUS PAYMENTS THAT ARE FOR QUALIFIED
CHILDREN OF A FAMILY MEMBER, SO THEY -- JUST TO MAKE IT CLEAR THAT THAT IS
-- THAT CHILDREN'S FUNDS WOULD ALSO BE INCLUDED.
27
NYS ASSEMBLY APRIL 19, 2021
MR. GOODELL: OKAY. THE IRONY IS THAT IT MAKES IT
SOUND AS THOUGH IF YOU'RE A MARRIED COUPLE WITHOUT CHILDREN YOU'RE NOT
ENTITLED TO THE EXEMPTION, BUT I JUST PASS IT ON IF AT SOME POINT THAT
LANGUAGE SHOULD BE CLARIFIED. A FOLLOW-UP QUESTION, IF A DEBTOR BRINGS
AN ACTION AND SERVES THE BANK, FOR EXAMPLE, WITH A RESTRAINING NOTICE
AND AS -- AND THE BANK RECEIVES IT AND THE BANK HAS AN ACCOUNT FROM
THE DEBTOR WHICH RECEIVES FUNDS FROM MULTIPLE SOURCES, SHOULD THE --
CAN THE BANK TAKE THE APPROACH THAT IN IDENTIFYING WHICH FUNDS THESE
ARE THAT THEY CAN GO WITH LIFO, LAST IN/FIRST OUT, OR DO THEY HAVE TO GO
WITH FIFO, FIRST IN/FIRST OUT? IN OTHER WORDS, LET'S SAY THE DEBTOR HAS A
BANK ACCOUNT WITH $10,000, LET'S SAY $4,000 CAME FROM THE STIMULUS,
$4,000 CAME FROM NON-EXEMPT, CAN THE CREDITOR SEIZE THE $4,000 THAT'S
NON-EXEMPT?
MS. WEINSTEIN: SO WE DON'T CHANGE THE PROCESS
THAT HAPPENS NOW. SO CURRENTLY THE EXISTING PROCESS IS, FOR EXISTING
FUNDS, THAT THE LOOK-BACK PERIOD IS 45 DAYS. THE STANDARD FOR
TRACEABILITY IS THAT THE BANK'S IDENTIFY ELECTRONIC DEPOSITS THAT ARE
REASONABLY IDENTIFIABLE AS STATUTORILY EXEMPT PAYMENTS. THE BANK,
UNDER THE EXEMPT INCOME PROTECTION ACT, A BANK IS NOT OBLIGATED TO
IDENTIFY WHICH OR HOW MANY DOLLARS IN A BANK ACCOUNT ARE EXEMPT, AND
SO THAT WOULD APPLY TO -- EQUALLY TO THE EMERGENCY STIMULUS FUNDS
UNDER THIS -- UNDER THIS BILL.
MR. GOODELL: WELL, THANKFULLY I DON'T DO A LOT OF
DEBT COLLECTION WORK, VERY THANKFUL NONE INVOLVING CLIENTS, BUT LET ME
JUST GIVE YOU A SIMPLE EXAMPLE SO I UNDERSTAND HOW THIS BILL WOULD
28
NYS ASSEMBLY APRIL 19, 2021
WORK. LET'S SAY THAT AN INDIVIDUAL HAS RECEIVED $2,000 OF FEDERAL
STIMULUS, HAS RECEIVED -- MAKE IT EASY, $3,000 FROM NON-EXEMPT
SOURCES, DURING THE LAST MONTH HAS SPENT $2,000 AND HAS $3,000 STILL IN
THE BANK ACCOUNT. IS THAT ENTIRE $3,000 THEN SUBJECT TO EXECUTION?
MS. WEINSTEIN: THE -- NO, IT'S NOT.
MR. GOODELL: SO EVEN THOUGH THE CREDITOR PUT
$3,000 IN CASH DURING THE LAST MONTH INTO A NON-EXEMPT -- OF
NON-EXEMPT FUNDS INTO A BANK ACCOUNT AND HAS $3,000 STILL IN THE BANK
ACCOUNT, A DEBTOR CAN'T EXECUTE OR OBTAIN ATTACHMENT ON THE $3,000
THAT'S IN THERE JUST BECAUSE $2,000 CAME IN AT SOME POINT AND THE
DEBTOR SPENT $2,000 OF THAT STIMULUS SOMEWHERE ELSE; AM I
UNDERSTANDING YOU CORRECTLY?
MS. WEINSTEIN: YOU KNOW, AGAIN, IT DEPENDS ON
THE -- THE TIME FRAME. IF TIME HAS PASSED, IT DOESN'T LOCK THE ACCOUNT
FOREVER.
MR. GOODELL: GOOD. THANK YOU VERY MUCH, MS.
WEINSTEIN.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THIS IS AN INTERESTING BILL BECAUSE
IT DOESN'T APPLY TO UNEMPLOYMENT BENEFITS, HAS THE SPONSOR MENTIONED,
AND I CAN UNDERSTAND WHY WE WOULD WANT TO EXEMPT UNEMPLOYMENT
BENEFITS BECAUSE SOMEONE WHO'S COLLECTING UNEMPLOYMENT BENEFITS
CLEARLY HAS SUFFERED A LOSS OF INCOME. THIS BILL ONLY APPLIES TO THE
29
NYS ASSEMBLY APRIL 19, 2021
EXTRA FEDERAL STIMULUS WHICH, OVER THE LAST YEAR, HAS BEEN THOUSANDS
AND THOUSANDS OF DOLLARS TO ELIGIBLE INDIVIDUALS, EVEN THOUGH THOSE
INDIVIDUALS MAY NOT HAVE SUFFERED ANY EMPLOYMENT LOSS OR ANY INCOME
LOSS.
SO WHAT WE'RE SAYING IS, GREAT NEWS, YOU GOT
THOUSANDS AND THOUSANDS OF DOLLARS OF TAXPAYER MONEY, EVEN THOUGH
YOU NEVER LOST A DAY OF WORK, BUT YOU DON'T HAVE TO PAY YOUR BILLS.
AND IF YOU GET A JUDGMENT AGAINST YOU, WHICH WOULD BE UNIQUE IN
NEW YORK SINCE WE SHUT DOWN THE COURTS, BUT IF YOU HAD A JUDGMENT
AGAINST YOU, YOU DON'T HAVE TO PAY THE JUDGMENT EITHER. I'M REMINDED
OF THOSE GREAT, GREAT WORDS FROM PRESIDENT ROBERT [SIC] F. KENNEDY
WHEN HE TOOK OFFICE AND HE SAID, DON'T ASK WHAT YOUR COUNTRY CAN DO
FOR YOU, BUT WHAT YOU CAN DO FOR YOUR COUNTRY. WHAT A GREAT STATEMENT
ABOUT PERSONAL RESPONSIBILITY AND PERSONAL INVOLVEMENT. AND WHAT'S
THIS BILL SAY? DON'T ASK WHAT YOU CAN DO TO PAY YOUR OWN BILLS, JUST
ASK HOW MUCH MONEY YOU CAN GET FROM THE FEDERAL GOVERNMENT WHILE
IGNORING ALL OF YOUR PERSONAL LIABILITIES. IT'S THE WRONG MESSAGE. I
UNDERSTAND IF YOU SUFFERED AN INCOME LOSS DUE TO COVID AND YOU
NEED THIS MONEY WHICH CAME THROUGH A FEDERAL STIMULUS PROGRAM
GIVING $600 AND THEN $300 EXTRA A WEEK, I UNDERSTAND THAT AND I'M
WITH YOU. BUT I HAVE TO SAY, I DON'T THINK IT'S RIGHT THAT YOU TAKE
THOUSANDS AND THOUSANDS OF DOLLARS FROM THE FEDERAL GOVERNMENT,
FROM TAXPAYERS, AND THUMB YOUR NOSE AT ALL YOUR CREDITORS. I THINK IT'S
INAPPROPRIATE AND THE WRONG MESSAGE TO SEND.
THANK YOU, SIR.
30
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: THANK YOU.
MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL
YOU YIELD?
MS. WEINSTEIN: YES, IT'S BEEN A WHILE SINCE WE
SPOKE SO I'M HAPPY TO.
(LAUGHTER)
MR. LAWLER: NICE TO SEE YOU AGAIN. ON THE -- THE
EVICTION MORATORIUM THAT THIS BODY PUT IN PLACE, WHEN DOES THAT
EXPIRE?
MS. WEINSTEIN: WELL, AS OF, I BELIEVE, MAY --
MAY 1ST, THEN THERE'S PROCEDURES THAT CAN HAPPEN.
MR. LAWLER: OKAY. SO IN THE EVENT THAT A TENANT
POST MAY 1ST IS NOT -- IS CHOOSING NOT TO PAY THEIR LEASE, THEIR RENT, AND
THE LANDLORD DECIDES AFTER BASICALLY A YEAR OF NOT COLLECTING RENT IN
SOME CASES, POTENTIALLY, THAT THEY NEED TO GO TAKE LEGAL ACTION TO TRY
AND RECOVER THE RENTAL ARREARS. ARE YOU SAYING THAT THEY ARE NOT ABLE TO
COLLECT ANY OF THESE FUNDS THAT THE INDIVIDUAL MAY HAVE?
MS. WEINSTEIN: WHAT WE ARE -- YOU KNOW, I KNOW
IT BRINGS A BIGGER DISCUSSION THAN WHAT I BELIEVE IS HAPPENING. WE'RE
SIMPLY ADDING THE FEDERAL DOLLARS THAT ARE COMING IN ON THE COVID
RELIEF TO THE SAME CATEGORY AS SOCIAL SECURITY BENEFITS, VETERANS
BENEFITS, PUBLIC ASSISTANCE, THE BASIC NECESSITY WHICH WE ADDED IN
31
NYS ASSEMBLY APRIL 19, 2021
2009 WHICH IS BASED ON MINIMUM CALCULATION BASED ON MINIMUM
WAGE WHICH RIGHT NOW IS $3,600. WE ARE SIMPLY ADDING THIS CATEGORY
TO THOSE ITEMS. SO TO THE EXTENT THAT YOU CAN'T GO COLLECT A JUDGMENT
AGAINST SOCIAL SECURITY BENEFITS THAT ARE CONTAINED WITHIN A -- IN A BANK
ACCOUNT IF THEY'RE READILY IDENTIFIABLE, SUCH YOU CAN'T COLLECT -- YOU
CAN'T ATTACH OR LEVY AGAINST -- AGAINST THESE FUNDS EITHER.
MR. LAWLER: BUT -- BUT WOULDN'T THE FEDERAL
STIMULUS FUNDS THAT WERE PROVIDED, WOULD YOU AGREE THAT IN SOME CASES
THE INTENT OF THOSE FUNDS WAS TO HELP PAY FOR CERTAIN THINGS SUCH AS
YOUR RENT? SO IF YOU CHOSE NOT TO PAY YOUR RENT AND YOUR LANDLORD NOW
AFTER -- FINALLY AFTER A YEAR OF NOT BEING ABLE TO COLLECT RENT IS -- IS
COMING TO GET, YOU KNOW, A COURT ORDER TO GET THAT RENT BACK, WHY
SHOULDN'T THEY BE ABLE TO GET THESE FUNDS IF IN REALITY THAT'S IN PART WHAT
THEY WERE INTENDED FOR? THEY WERE INTENDED TO HELP PEOPLE PAY FOR
THEIR BILLS, PAY FOR EXPENSES, SO WHY WOULD WE EXCLUDE THAT IF THAT'S
REALLY BASICALLY THE INTENT OF WHAT THOSE FUNDS WERE THERE FOR TO BEGIN
WITH?
MS. WEINSTEIN: IT SEEMS CLEAR TO ME WHEN YOU
LOOK AT THE HISTORY OF THE STIMULUS FUNDS THAT THAT WAS NOT THE INTENT OF
THE FEDERAL GOVERNMENT. THE TWO PRIOR STIMULUS BILLS THAT WERE PASSED
UNDER THE PRIOR FEDERAL ADMINISTRATION, REPUBLICAN ADMINISTRATION,
SPECIFICALLY HAD EXEMPTIONS FOR STIMULUS PAYMENTS FROM THE REACH OF
CREDITORS. BECAUSE OF THE FAILURE -- BECAUSE OF THE WAY THAT THE
STIMULUS, THIS AMERICAN RESCUE -- RECOVERY PLAN WAS ADOPTED THROUGH
THE RECONCILIATION PROCESS, IT WAS DETERMINED THAT THE CREDIT -- CREDITOR
32
NYS ASSEMBLY APRIL 19, 2021
-- KEEPING THESE FUNDS OUT OF THE REACH OF CREDITORS COULD NOT BE PART OF
THAT FEDERAL PROPOSAL. THERE WAS AN ATTEMPT BY THE SENATE TO, BY
UNANIMOUS CONSENT, TO ADD THIS CREDIT -- THIS EXEMPTION FROM CREDITORS
TO THE AMERICAN RECOVERY ACT. IT WAS -- THERE WAS AN OBJECTION FROM
ONE SENATOR, SO IT WAS NOT INCLUDED. WE'RE NOT REINVENTING THE WHEEL,
WE'RE NOT DOING, BECAUSE WE ALREADY HAVE EXEMPTIONS IN OUR LAW, AND
WE'RE CERTAINLY KEEPING WITH THE -- WITH THE GOAL OF THE FEDERAL
STIMULUS PAYMENTS WHEREAS EVIDENT BY THE FACT THAT IT WAS INCLUDED --
THAT THIS EXEMPTION WAS INCLUDED IN THE TWO PRIOR BILLS AND NO ONE
CERTAINLY OBJECTED TO THAT.
MR. LAWLER: OKAY, THANK YOU. AND ONE OTHER
QUESTION. DOES THIS BILL ADDRESS IN ANY WAY THE EXCLUDED WORKERS
FUND WOULD, FOR INSTANCE, A CHECK FOR $15,600, WOULD THAT BE EXCLUDED
OR EXEMPTED FROM CREDITORS?
MS. WEINSTEIN: IT WAS -- THIS LEGISLATION WAS
ADOPTED -- WAS PUT IN PLACE TO DEAL WITH THE FEDERAL STIMULUS, THE
FEDERAL RELIEF MONIES AND DIDN'T CONTEMPLATE OTHER STATE -- ANY STATE
SUPPORTS. SO I WOULD LOOK TO -- THE ATTORNEY GENERAL HAD PUBLISHED
SOME GUIDANCE WHEN THIS -- WHEN THE FEDERAL LEGISLATION PASSED
WITHOUT THE CREDITOR PROTECTION AND I WOULD PERHAPS LOOK TO THE
ATTORNEY GENERAL FOR SOME FURTHER GUIDANCE ON THAT. BUT IT CERTAINLY
WAS NOT CONTEMPLATED. THIS BILL WAS PUT IN BEFORE WE ADOPTED THOSE
PROVISIONS.
MR. LAWLER: OKAY. ALL RIGHT. THANK YOU VERY
MUCH.
33
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT A6617. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE OPPOSED TO THIS LEGISLATION, BUT THOSE
MEMBERS WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE
SO WE CAN PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. DEMOCRATIC COLLEAGUES WILL GENERALLY BE IN FAVOR OF THIS
ITEM. THOSE DESIRING TO BE IN THE NEGATIVE SHOULD FEEL FREE TO CONTACT
THE MAJORITY LEADER'S OFFICE AND WE WILL PROPERLY RECORD YOUR VOTE.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICAN MEMBERS IN THE AFFIRMATIVE ON THIS BILL: MR.
ASHBY, MR. MILLER, MR. MONTESANO, MR. MORINELLO, MR. NORRIS, AND
MR. SCHMITT. THANK YOU, SIR.
34
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
ON CALENDAR A, PAGE 3, RULES REPORT NO. 61, THE
CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02681-B, RULES
REPORT NO. 61, REYES, LUPARDO, DE LA ROSA, L. ROSENTHAL, ROZIC,
GOTTFRIED, BURDICK, SEAWRIGHT, BARRON, J. RIVERA, MONTESANO,
ENGLEBRIGHT, JACOBSON, TAYLOR, ZINERMAN, PERRY, MEEKS, CLARK,
LUNSFORD, GONZÁLEZ-ROJAS, DINOWITZ, MAMDANI, SIMON, HEVESI,
DICKENS, JACKSON, GALLAGHER, FERNANDEZ, COLTON, RAJKUMAR, EPSTEIN,
SILLITTI, D. ROSENTHAL, CARROLL, MITAYNES, PHEFFER AMATO, QUART,
BRONSON, NOLAN, FORREST, LAVINE, RODRIGUEZ, BENEDETTO, ABBATE,
THIELE, ANDERSON, O'DONNELL, BARNWELL, BURGOS, CRUZ, SEPTIMO, NIOU,
PICHARDO, DURSO, CYMBROWITZ, WALLACE, KIM, OTIS, HUNTER. AN ACT TO
AMEND THE LABOR LAW, IN RELATION TO PREVENTING OCCUPATIONAL EXPOSURE
TO AN AIRBORNE INFECTIOUS DISEASE.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. REYES.
MS. REYES: THANK YOU, MR. SPEAKER. THIS BILL
WOULD REQUIRE THE NEW YORK STATE DEPARTMENT OF LABOR IN
CONSULTATION WITH THE DEPARTMENT OF HEALTH TO CREATE A MODEL AIRBORNE
INFECTIOUS DISEASE EXPOSURE PREVENTION STANDARD FOR ALL WORK SITES,
DIFFERENTIATED BY INDUSTRY, TO ESTABLISH MINIMUM REQUIREMENTS FOR
35
NYS ASSEMBLY APRIL 19, 2021
PREVENTING EXPOSURE TO AIRBORNE INFECTIOUS DISEASES IN THE WORKPLACE
IN ORDER TO PROTECT THE PUBLIC AND THE WORKFORCE.
ALL PRIVATE SECTOR EMPLOYERS WOULD BE REQUIRED TO
ADOPT AN AIRBORNE INFECTIOUS DISEASE PLAN THAT EQUALS OR EXCEEDS THE
MINIMUM REQUIREMENTS OF THE MODEL STANDARD ESTABLISHED BY THE
DEPARTMENT. FURTHER, EMPLOYEES WOULD BE EMPOWERED TO REPORT
VIOLATIONS AND AIRBORNE INFECTIOUS DISEASE EXPOSURE CONCERNS TO THEIR
EMPLOYERS AND GOVERNMENT ENTITIES WITHOUT FEAR OF RETALIATION. FINALLY,
THE BILL WOULD ALSO AUTHORIZE WORKPLACES WITH TEN OR MORE EMPLOYEES
TO ESTABLISH WORKPLACE SAFETY COMMITTEES IN ORDER TO REVIEW POLICIES
AND RECEIVE COMPLAINTS ABOUT HEALTH AND SAFETY VIOLATIONS IN THE
WORKPLACE.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELDS FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MS. REYES, WILL YOU
YIELD?
MS. REYES: YES, I DO.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RA: THANK YOU VERY MUCH. SO I -- I JUST HAD,
JUST BEFORE I ASK SOME MORE SPECIFIC QUESTIONS, I DO KNOW THAT THIS BILL
WAS AMENDED I GUESS AROUND THE END OF MARCH, AND THERE HAD BEEN AN
OSHA DIRECTIVE THAT THE BIDEN ADMINISTRATION ISSUED AT THAT TIME.
AND I KNOW THAT WAS ONE OF THE THINGS THAT HAD BEEN RAISED IN SOME OF
THE OPPOSITION MEMOS, SO WOULD YOU BE ABLE TO -- IF THERE WERE ANY OF
36
NYS ASSEMBLY APRIL 19, 2021
THOSE AMENDMENTS RELATED TO THAT WHICH HAD COME OUT FROM OSHA, IF
YOU COULD DESCRIBE THEM, OR PERHAPS THEY WEREN'T RELATED TO THAT.
MS. REYES: SO TO DATE, THE FEDERAL OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION HAS FAILED TO ISSUE ANY STANDARDS TO
PROTECT AGAINST AIRBORNE INFECTIOUS DISEASE -- DISEASES IN THE
WORKPLACE, INCLUDING COVID-19. THEY DID, HOWEVER, ISSUE WHAT THEY
CALL EMERGENCY TEMPORARY STANDARDS. HOLD ON. THEY DID LIKE A -- I'M
SORRY. THEY DID SOMETHING TO ENHANCE ENFORCEMENT, BUT THEY HAVEN'T,
AS OF YET, PUT OUT ANY STANDARDS, ANY HEALTH AND SAFETY STANDARDS.
MR. RA: OKAY. AND ONE OF THE ISSUES THAT I KNOW
THAT, YOU KNOW, HAS BEEN RAISED WITH REGARD TO THAT IS OBVIOUSLY THAT IS
SOMETHING THAT, YOU KNOW, WE ALL LOOK TO EMPLOYERS THROUGHOUT THE
STATE AND THROUGHOUT THE COUNTRY ARE USED TO LOOKING TO FOR CERTAIN
STANDARDS. SO I'LL GET TO THAT IN A MOMENT, BUT I JUST WANTED TO ASK
FURTHER, WHAT OR HOW THIS WOULD RELATE TO THINGS THAT WE, AS A STATE,
PERHAPS HAVE PUT FORTH. I KNOW THAT WE DON'T NECESSARILY HAVE
ANYTHING, YOU KNOW, THAT RANGES THROUGH ALL PRIVATE BUSINESSES, WHICH
I THINK THIS APPLIES TO ALL PRIVATE BUSINESSES, CORRECT?
MS. REYES: CORRECT.
MR. RA: BUT WE DO HAVE THINGS THAT ARE IN PLACE FOR
SPECIFIC INDUSTRIES PERHAPS, AND ONE CERTAINLY IS THE HEALTH CARE
INDUSTRY AND DIFFERENT GUIDELINES THAT WE'VE PUT IN, THINGS THAT WE'VE
DONE BOTH FROM A LEGISLATIVE STANDPOINT AND THINGS THAT THE EXECUTIVE
HAS DONE BY EXECUTIVE ORDER AND BY DIRECTIVE. SO I'M JUST WONDERING
HOW THESE WOULD FIT TOGETHER TO MAKE SURE THAT SAY, YOU KNOW, A
37
NYS ASSEMBLY APRIL 19, 2021
NURSING HOME OR SOME OTHER ADULT CARE FACILITY IS FULLY AWARE OF WHAT IS
EXPECTED OF THEM.
MS. REYES: YEAH, SO MOST HEALTH CARE -- ACTUALLY,
ALL HEALTH CARE SETTINGS HAVE ALREADY IN PLACE INFECTIOUS DISEASE
STANDARDS THAT ADDRESS AIRBORNE INFECTIOUS DISEASES. THE IDEA OF THIS
LEGISLATION IS TO CREATE STANDARDS ACROSS ALL INDUSTRIES IN THE PRIVATE
SECTOR. SO IF A HEALTH CARE FACILITY ALREADY HAS AIRBORNE INFECTIOUS
DISEASES, THEY'RE USUALLY MUCH BROADER AND -- THAN THIS MINIMUM
STANDARD THAT WE'RE LOOKING TO IMPLEMENT.
MR. RA: OKAY. SO YOU WOULD THINK IF, YOU KNOW, IF
A HEALTH CARE FACILITY HAS ALREADY PUT SOMETHING IN PLACE AND IS ALREADY
COMPLYING WITH WHAT'S OUT THERE, THEY'RE PROBABLY GOING TO HAVE
SOMETHING THAT'S -- AND I KNOW YOU MENTIONED THIS IS GOING TO REQUIRE
THAT A BUSINESS PUT FORTH SOMETHING THAT IS AT LEAST MEETS THE CRITERIA
THAT THE HEALTH DEPARTMENT PUTS OUT OR EXCEEDS IT. SO YOU THINK A LOT
OF THEM THAT ARE COMPLYING WITH WHAT WE ALREADY HAVE FOR HEALTH CARE
FACILITIES WILL LIKELY ALREADY BE EXCEEDING THE STANDARDS THAT WE'LL SEE
UNDER THIS?
MS. REYES: ABSOLUTELY.
MR. RA: OKAY. AND I THINK THAT'S -- THAT'S CERTAINLY,
YOU KNOW, WELCOME TO HEAR THAT BECAUSE, YOU KNOW, I THINK WE ALL
KNOW AND CERTAINLY THIS IS A VERY WELL-INTENDED PIECE OF LEGISLATION,
WHETHER IT WAS A HEALTH CARE FACILITY OR ANY OTHER BUSINESS NEVER
IMAGINED THE TYPES OF THINGS THEY WERE GOING TO HAVE TO DO TO OPERATE
PRIOR TO LAST MARCH AS OPPOSED TO NOW AND WE'VE GOTTEN USED TO TRYING
38
NYS ASSEMBLY APRIL 19, 2021
TO DO ALL KINDS OF THINGS TO KEEP BOTH EMPLOYEES SAFE, PATIENTS SAFE IN
THE CASE OF, YOU KNOW, HEALTH CARE FACILITIES, OR CUSTOMERS SAFE IN OTHER
SETTINGS. SO I THINK THAT THAT'S VERY IMPORTANT FOR THE HEALTH CARE
SETTINGS THAT THEY -- THEY KNOW WHAT'S EXPECTED OF THEM AND THAT
THEY'RE ABLE TO, YOU KNOW, MEET THOSE STANDARDS WITHOUT, YOU KNOW,
THE POTENTIAL FOR, HEY, THIS IS EXPECTED OF YOU UNDER THIS LAW, BUT THEN
NOW THERE'S SOME WIDER RANGING PIECE OF LEGISLATION THAT COVERS ALL
BUSINESSES AND SUDDENLY THERE'S MAYBE SOME OTHER WRINKLE THERE THAT
-- THAT THEY'RE NOT AWARE OF AND THEY END UP GETTING FINED UNDER THIS.
SO IF YOU CAN JUST --
MS. REYES: I ALSO WANTED TO ADD, I'M SORRY.
MR. RA: SURE.
MS. REYES: SO ONE THING THAT THIS WOULD HELP THOSE
HEALTH CARE INDUSTRIES OR SETTINGS ALREADY, THERE -- THERE CURRENTLY IS NO
RECOURSE FOR WORKERS IF AN EMPLOYEE -- AN EMPLOYER ISN'T ADHERING TO
STANDARDS FOR AIRBORNE INFECTIOUS DISEASES CURRENTLY IN PLACE FOR THOSE
SETTINGS. SO THIS WOULD CREATE THAT RECOURSE FOR EMPLOYEES.
MR. RA: OKAY, CORRECT. SO CAN YOU DESCRIBE THAT
QUICKLY? SO IT PUTS IN PLACE A PROCESS FOR AN EMPLOYEE TO -- WHERE DO
THEY GO IF THEY SEE SOMETHING NOT BEING COMPLIED WITH UNDER THIS?
MS. REYES: WELL, FIRST THEY WOULD HAVE TO BE ABLE
TO APPROACH THEIR EMPLOYER ABOUT HEALTH AND SAFETY REGULATIONS NOT
BEING MET IN THEIR WORKPLACE, AND IT GIVES THE OPPORTUNITY FOR THE
EMPLOYER TO RECTIFY THEM. AND IT ALSO PROTECTS THEM FROM RETALIATION IF
THEY WERE TO GO, LET'S SAY, TO THE DEPARTMENT OF HEALTH AND REPORT
39
NYS ASSEMBLY APRIL 19, 2021
UNSAFE WORKING CONDITIONS.
MR. RA: OKAY, GREAT. AND THEN I KNOW, AS WELL,
THERE IS A, I FORGET WHAT THE TERMINOLOGY USED, BUT A -- ESSENTIALLY, YOU
KNOW, SOME TYPE OF PANEL OR COMMITTEE THAT WOULD BE ESTABLISHED IN
CERTAIN SIZED BUSINESSES?
MS. REYES: CORRECT, FOR BUSINESSES OF TEN
EMPLOYEES OR MORE, IT GIVES THEM THE ABILITY TO CREATE WORKPLACE SAFETY
COMMITTEES IN COLLABORATION WITH THE EMPLOYER. SO IT WOULD BE BOTH
EMPLOYEES AND -- AND EMPLOYERS COLLABORATING IN THESE WORKPLACE
SAFETY COMMITTEES.
MR. RA: OKAY, GREAT. AND I KNOW, YOU KNOW, SOME
ENTITIES HAVE -- HAVE ALREADY SET UP, YOU KNOW, THOSE TYPES OF
COMMITTEES AND I THINK CERTAINLY HAVING THAT -- SOMETHING WE ALL SAW,
RIGHT, FROM LOCAL BUSINESSES, FROM LOCAL HEALTH CARE FACILITIES DURING THE
HEIGHT OF THE PANDEMIC WAS COMMUNICATION TO US SAYING, HEY, WE
NEED THIS OR WE NEED THAT AND IT'S, YOU KNOW, WE'RE NOT -- WE'RE NOT
GETTING THE HELP AND SOMETIMES IT WAS AS SIMPLE AS MAKING SURE THAT
DIALOGUE I THINK WAS TAKING PLACE BECAUSE YOU WERE HEARING ON ONE
END HERE, WE'RE GOOD, PERHAPS ON THE MANAGEMENT END AND THEN, YOU
KNOW, ON THE STAFF END THAT PERHAPS THEY WERE NOT AND DIDN'T HAVE ALL
OF THE PPE THEY NEEDED AND THINGS LIKE THAT. SO THANK YOU FOR THAT.
JUST IN TERMS OF THE OVERALL APPLICATION, I UNDERSTAND
THE FACT THAT IT APPLIES TO ALL PRIVATE BUSINESSES, BUT -- AND THIS IS FOR
REALLY ANY TYPE OF FUTURE EVENT, RIGHT, VIRAL, BACTERIAL, FUNGAL
CONTAMINATION, NOT JUST TO THE CURRENT SITUATION?
40
NYS ASSEMBLY APRIL 19, 2021
MS. REYES: CORRECT, THAT ARE TRANSMISSIBLE THROUGH
AIRBORNE DROPLETS OR FOMITES.
MR. RA: OKAY. AND I THINK --
MS. REYES: AND --
MR. RA: I'M SORRY, GO AHEAD.
MS. REYES: -- IT ALSO HAS TO BE DESIGNATED AS A
HIGHLY CONTAGIOUS DISEASE BY THE DEPARTMENT OF HEALTH. SO IN OTHER
WORDS, THERE ARE MANY THINGS THAT ARE TRANSMISSIBLE THROUGH -- THROUGH
AIRBORNE DROPLETS, BUT THE DEPARTMENT OF HEALTH HASN'T CLASSIFIED THEM
AS HIGHLY CONTAGIOUS OR HIGHLY TRANSMISSIBLE, SO IT'S SOMETHING THAT WE
DON'T NEED TO NECESSARILY BE CONCERNED ABOUT, BUT FOR ANYTHING MOVING
FORWARD THAT THE DEPARTMENT OF HEALTH DEEMS TO BE HIGHLY
TRANSMISSIBLE, THIS WOULD -- THIS WOULD COME INTO EFFECT.
MR. RA: OKAY, THANK YOU. AND I THINK THAT LASTLY IS
ONE OF THE OTHER ISSUES THAT HAS BEEN RAISED IS THIS DOES DELEGATE A LOT
OF RESPONSIBILITY AND AUTHORITY TO THE DEPARTMENT OF HEALTH. I MEAN,
CERTAINLY, I THINK IT MAKES SENSE THE DEPARTMENT OF HEALTH WOULD BE
THE -- OF THE EXPERTISE TO DETERMINE, YOU KNOW, WHEN FUTURE EVENTS
MIGHT RISE TO THE LEVEL OF NEEDING THESE TYPES OF PLANS AND -- AND
PROCESSES TO BE IN PLACE. BUT IN TERMS OF THEIR INTERNAL ABILITY TO
DECIDE, YOU KNOW, ACROSS A WIDE RANGE OF INDUSTRIES, I KNOW THERE ARE
PROVISIONS OF THIS THAT TALK ABOUT, YOU KNOW, MAKING SURE THAT SAY, YOU
KNOW, CERTAIN TYPES OF PPE OR OTHER TYPES OF EQUIPMENT THAT MIGHT BE
NEEDED IN A SPECIFIC INDUSTRY. SO DO YOU CONTEMPLATE THAT, YOU KNOW,
SAY THERE'D BE MAYBE SOME UMBRELLA MINIMUM, YOU KNOW,
41
NYS ASSEMBLY APRIL 19, 2021
REQUIREMENTS AND THEN MAYBE THEY'D SAY, HEY, IN THE RESTAURANT
INDUSTRY, YOU NEED X, Y AND Z AND IN THE ENTERTAINMENT INDUSTRY, YOU
NEED A, B AND C OR -- OR DO YOU -- OR WOULD IT BE REALLY MORE WIDE
RANGING THAN THAT, THAT IT'S JUST GOING TO BE ONE SET OF CRITERIA THAT'S
GOING TO IMPACT ALL OF THESE DIFFERENT INDUSTRIES?
MS. REYES: WELL, I THINK -- I THINK THE BASIC
STANDARDS GO -- GO ACROSS THE BOARD FOR ANY INDUSTRY WHEN YOU TALK
ABOUT MASK WEARING, SOCIAL DISTANCING, DISINFECTION, BUT THERE ARE
DEFINITELY SOME CRITERIAS THAT ARE GOING TO BE INDUSTRY SPECIFIC, AND THE
DEPARTMENT OF LABOR WOULD HAVE TO PROMULGATE THOSE RULES BASED ON
INDUSTRY. AND I THINK THIS IS ALSO WHERE THOSE HEALTH AND SAFETY
COMMITTEES COME INTO PLAY, SO THEY CAN HELP INFORM SOME OF THAT FOR
EMPLOYERS AND THE DEPARTMENT OF LABOR, AS WELL.
MR. RA: OKAY, GREAT. YEAH, THAT WAS -- THAT WAS
GOING TO BE MY -- MY NEXT QUESTION. SO THOSE COMMITTEES WOULD THEN
WORK WITH THE DEPARTMENT SO THAT THERE IS, YOU KNOW, INPUT BOTH
WITHIN THE WORKFORCE AND -- AND THE MANAGEMENT IN A PARTICULAR
INDUSTRY AS TO THE INNER WORKINGS OF THE INDUSTRY AND REALLY WHAT THEIR
NEEDS ARE, BECAUSE I THINK THAT WAS ONE OF THE SOURCES OF FRUSTRATION WE
SAW SO OFTEN AS GUIDANCE WAS PUT OUT DURING THE REOPENING HERE THAT
THERE WASN'T THAT COMMUNICATION AND MAYBE THINGS COULD HAVE BEEN
SMOOTHER. THE BUSINESSES WOULD HAVE BEEN MORE AWARE OF WHAT WAS
EXPECTED OF THEM AND MORE READY TO -- TO REOPEN SAFELY ON DAY ONE IF
THAT DIALOGUE HAD TAKEN PLACE.
MS. REYES: YEAH, I ACTUALLY -- I AGREE. I THINK
42
NYS ASSEMBLY APRIL 19, 2021
WORKERS, NOT JUST THE PEOPLE WHO OWN BUSINESSES AND -- OR WHO
MANAGE BUSINESSES, BUT OFTENTIMES THE FRONTLINE WORKERS IN MANY
INDUSTRIES, ACROSS MANY INDUSTRIES HAVE A BETTER UNDERSTANDING OF WHAT
THEY NEED TO PROTECT THEMSELVES AND PROTECT CUSTOMERS AND PROTECT THE
GENERAL PUBLIC. THERE IS NOTHING IN THE BILL THAT SPECIFIES THAT THESE
WORKPLACE SAFETY COMMITTEES HAVE TO COLLABORATE WITH THE DEPARTMENT
OF LABOR. THEY JUST TALK ABOUT HOW THEY FUNCTION WITHIN -- HOW THEY'RE
ALLOWED TO FUNCTION WITHIN THE INDIVIDUAL WORKPLACES. BUT I THINK IT
WOULD BEHOOVE THE DEPARTMENT OF LABOR TO REACH OUT TO THESE
COMMITTEES ONCE THEY'RE FORMED TO GATHER SOME INFORMATION FROM
THEM AND HELP INFORM THEIR -- THEIR POLICYMAKING IN TERMS OF THE
STANDARDS.
MR. RA: GREAT. AND, YOU KNOW, I HOPE THAT WOULD
BE SOMETHING, YOU KNOW, IN THE IMPLEMENTATION OF THIS THAT WE'D
CERTAINLY KEEP AN EYE ON AND IF NEED BE, PERHAPS, YOU KNOW, DO A
CHAPTER AMENDMENT THAT -- THAT MAKES THAT MORE EXPLICIT TO MAKE SURE
THAT DOES TAKE PLACE. THANK YOU, MS. REYES.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. SO JUST QUICKLY,
YOU KNOW, I CERTAINLY SEE BOTH THE NEED FOR THIS AS WE'VE GONE THROUGH
THIS PANDEMIC. LIKE I SAID, ANY OF US HAVE SPOKEN TO BOTH WORKERS IN
THE HEALTH CARE FIELD AND ANY OTHER FIELD ABOUT WHAT THEY FACED AT THE
HEIGHT OF THIS PANDEMIC, WHAT THEY CONTINUE TO FACE. AND CERTAINLY,
EMPLOYEES IN ALL TYPES OF BUSINESSES, WHAT THEY'VE DEALT WITH IN TRYING
43
NYS ASSEMBLY APRIL 19, 2021
TO REOPEN, CERTAINLY FRUSTRATIONS IN TERMS OF REOPENING IN TRYING TO
FIGURE OUT WHAT WAS EXPECTED OF THEM AS GUIDANCE AND THINGS LIKE THAT
CAME FORWARD.
BUT I DO CERTAINLY UNDERSTAND THE CONCERN OF HAVING
LOTS OF DIFFERENT LAYERS OF THIS, AND I UNDERSTAND THAT THIS IS PUTTING INTO
-- INTO SOMETHING REALLY IN LAW THAT MAYBE HAS MORE TEETH TO IT THAN
SOME OF THE THINGS WE'VE SEEN BEFORE. BUT I THINK IF WE'RE GOING TO DO
THAT, THE TIME HAS COME AND WE'VE BEEN SAYING THIS FOR WEEKS, THAT WE
PULL BACK ON SOME OF THE SIDE OF THIS THAT HAS BEEN DONE BY ORDERS AND
-- AND THINGS OF THAT NATURE. WE -- WE -- IF WE'RE GOING TO LEGISLATE IN
THE AREA, WE HAVE TO START TO PULL BACK WHAT HAS BEEN DONE OUTSIDE OF
LEGISLATION SO THAT THERE IS A VERY CLEAR SET OF STANDARDS THAT OUR
BUSINESSES KNOW THAT THEY NEED TO MEET SO THAT THEY DON'T LOOK AT ONE
SET OF STANDARDS AND SAY, OKAY, I CHECK ALL THESE BOXES, I'M GOOD AND
THEN FIND OUT THERE WAS SOMETHING ELSE ON SOME OTHER LIST THAT CAME
FROM A DIFFERENT ENTITY THAT THEY WEREN'T AWARE OF AND NOW THEY'RE
FACING FINES AT A TIME WHEN THEY'RE JUST STRUGGLING TO SURVIVE. AND
UNFORTUNATELY, SO MANY BUSINESSES ALREADY DID NOT SURVIVE THESE
ECONOMIC CIRCUMSTANCES OF THIS PANDEMIC.
SO I CERTAINLY THANK THE SPEAKER FOR ANSWERING MY
QUESTIONS AND FOR HER INTENT WITH THIS BILL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
44
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: MS. REYES, WILL YOU
YIELD?
MS. REYES: ABSOLUTELY.
ACTING SPEAKER AUBRY: MS. REYES YIELDS.
MR. GOODELL: THANK YOU VERY MUCH, MS. REYES.
I WOULD JUST NOTE, MS. REYES, THAT MS. WEINSTEIN SAID IT WOULD MAKE
HER VERY HAPPY TO YIELD.
(LAUGHTER)
MS. REYES: I DON'T GET ANY PLEASURE OUT OF THIS, MR.
GOODELL.
MR. GOODELL: MS. REYES, I SEE THAT THIS BILL WAS
ORIGINALLY INTRODUCED ON JANUARY 19TH, 2021, BUT A LOT HAS HAPPENED
SINCE JANUARY 19TH, 2021, INCLUDING UPDATED INTERIM ENFORCEMENT
RESPONSES PLAN REQUIREMENTS FOR COVID DISEASE ISSUED BY OSHA. IN
ADDITION, NEW YORK STATE IS ONE OF 28 THAT HAVE SUBMITTED
OSHA-APPROVED STATE PLANS ON HOW TO DEAL WITH INFECTIOUS AIRBORNE
DISEASES. IS THIS STILL NEEDED AND, IF SO, WHY?
MS. REYES: YES, IT IS ABSOLUTELY NEEDED AND I WILL
GIVE YOU THE REASONS WHY. SO CURRENTLY, THERE IS NO STATE OR FEDERAL
LAW PROTECTING WORKERS FROM EXPOSURE TO INFECTIOUS DISEASES IN THE
WORKPLACE, AND OSHA HAS FAILED TO ESTABLISH THOSE STANDARDS TO
PROTECT WORKERS FROM AIRBORNE INFECTIOUS DISEASES. ON FEBRUARY 25TH,
2020 THE U.S. OFFICE OF THE INSPECTOR GENERAL ISSUED A REPORT WHICH
STATED THAT, THERE IS AN INCREASED RISK THAT OSHA IS NOT PROVIDING THE
LEVEL OF PROTECTION THAT WORKERS NEED AT VARIOUS JOB SITES, UNQUOTE.
45
NYS ASSEMBLY APRIL 19, 2021
BETWEEN FEBRUARY 1ST, 2020 AND OCTOBER 26TH, 2020, OSHA RECEIVED
15 PERCENT MORE COMPLAINTS BUT PERFORMED 50 PERCENT FEWER
INSPECTIONS WHEN COMPARED TO A SIMILAR PERIOD IN 2019. IN TOTAL,
OSHA ISSUED ONLY 295 VIOLATIONS FOR 176 COVID-19 RELATED
INSPECTIONS DURING SUCH TIME. AND FURTHER, WHILE THERE ARE SEVERAL
STATE LEVEL EXECUTIVE ORDERS AND REGULATIONS SETTING FORTH GUIDELINES
FOR PROTECTING WORKERS FROM AIRBORNE DISEASES, THESE DO NOT COVER ALL
PRIVATE SECTOR INDUSTRIES OR ALL WORKERS AS OSHA HAS NO PURVIEW OVER
LET'S SAY, FOR EXAMPLE, GIG WORKERS, MISCLASSIFIED WORKERS, DAY
LABORERS, DOMESTIC WORKERS, AND INDEPENDENT CONTRACTORS. SO EVEN IF
OSHA WERE TO SET FORTH SOME GUIDELINES, IT WOULDN'T APPLY TO THOSE
INDUSTRIES AND THOSE WORKERS.
MR. GOODELL: I APPRECIATE THE CITATIONS YOU HAD,
BUT I WOULD NOTE THAT MANY OF THE CITATIONS YOU MENTIONED WERE FROM
2020, RIGHT? AND OSHA HAS --
MS. REYES: CORRECT.
MR. GOODELL: -- AS RECENTLY HAS MARCH 2021
ISSUED REVISED INTERIM REGULATIONS. IS IT YOUR VIEW THAT THESE -- EVEN
THE REVISED INTERIM REGULATIONS THAT WERE ISSUED WITHIN THE LAST MONTH
ARE INADEQUATE?
MS. REYES: WELL, THE GUIDELINES THAT OSHA PUT
FORTH THIS YEAR IN 2021 ARE NOT ENFORCEABLE UNDER FEDERAL LAW, AND
THAT'S WHY IT'S --
MR. GOODELL: OF COURSE, BUT PART OF THE OSHA
REGULATORY REQUIREMENT WAS THE REVIEW AND APPROVAL OF STATE PLANS.
46
NYS ASSEMBLY APRIL 19, 2021
NEW YORK STATE SUBMITTED ITS ONLY PLAN. IS IT YOUR VIEW THAT THE STATE
PLAN THAT WAS PUT TOGETHER PRESUMABLY BY OUR OWN DEPARTMENT OF
HEALTH AND DEPARTMENT OF LABOR IS INADEQUATE?
MS. REYES: WELL, THE -- THE PROBLEM IS THAT WE
DON'T DO STATE PLANS FOR PRIVATE EMPLOYERS. AND WE DID -- LAST YEAR, WE
PASSED CHAPTER 168 OF 2020 THAT WOULD COVER PUBLIC SECTOR WORKERS,
BUT WE DON'T HAVE ANYTHING THAT COVERS PRIVATE SECTOR WORKERS.
MR. GOODELL: IS THAT YOUR PHONE, YOU CAN PICK IT
UP IF YOU WANT.
MS. REYES: NO, IT'S NOT MY PHONE.
MR. GOODELL: SORRY, MS. REYES. WE JUST HAVE A
LITTLE BIT OF FUN ONCE IN AWHILE DURING DEBATES.
(LAUGHTER)
MS. REYES: MY PHONE DIDN'T RING.
MR. GOODELL: NOW, I NOTE THAT THIS BILL HAS TEN --
AT LEAST TEN STATUTORY REQUIREMENTS THAT WOULD APPLY TO EVERY SINGLE
EMPLOYER REGARDLESS OF THE SIZE OF THE EMPLOYER, INCLUDING EMPLOYEE
HEALTH SCREENING, FACE COVERINGS, PPE, HAND SANITIZING, REGULAR
CLEANING OF HANDRAILS AND DOORKNOBS AND ALL SURFACE AND WASHABLE
ITEMS, SOCIAL DISTANCING, PRECAUTIONARY ORDERS OF ISOLATION COMPLIANCE,
MEETING ENGINEERINGS AND EXHAUST STANDARDS AND OTHERS, AS WELL. I
WANT TO JUST TOUCH BASE ON SOME OF THESE. AS YOU KNOW, THIS BILL
COVERS EVERY SINGLE EMPLOYEE THAT YOU WOULD NORMALLY CONSIDER AN
EMPLOYEE, SOMEONE WHO IS GETTING A W-2, BUT IT ALSO COVERS
INDEPENDENT CONTRACTORS, DOMESTIC WORKERS, HOME CARE AND PERSONAL
47
NYS ASSEMBLY APRIL 19, 2021
CARE WORKERS, AND FARM WORKERS AMONGST OTHERS, CORRECT?
MS. REYES: CORRECT.
MR. GOODELL: SO IF YOU HIRE -- IF YOU'RE -- THIS
WOULD MAKE EVERY SINGLE PERSON THAT HIRES SOMEONE TO COME AND CLEAN
THEIR HOUSE, THEY WOULD NOW BE CONSIDERED AN EMPLOYER, RIGHT, UNDER
THIS BILL?
MS. REYES: PRIVATE RESIDENCE ISN'T CONSIDERED A
WORKPLACE.
MR. GOODELL: AND WHERE IS THIS UNDER THIS
DEFINITION? BECAUSE I SEE -- I DON'T SEE THAT -- ON A WORK SITE MEANS
"ANY PHYSICAL SPACE." DOESN'T "ANY PHYSICAL SPACE" INCLUDE THE
RESIDENCE? I SEE -- BUT SHALL NOT INCLUDE THE RESIDENCE OF THE EMPLOYER
OR THE EMPLOYEE. SO HOW MANY DOMESTIC WORKERS, PERSONAL CARE
WORKERS, HOME CARE WORKERS DON'T WORK AT HOME -- AT SOME HOME?
MS. REYES: WELL, THEY DO AND THEIR EMPLOYER
SHOULD STILL PROVIDE THEM WITH THE PROTECTIONS NECESSARY TO PROTECT
THEMSELVES WHEREVER IT IS THEY ARE GOING TO PERFORM THEIR DUTIES.
MR. GOODELL: AND I SEE THIS TWICE --
MS. REYES: AND I MIGHT ADD -- I MIGHT ADD THAT
ONE OF THE ISSUES THAT WE'VE BEEN SEEING WITH A LOT OF DOMESTIC AND
HOME CARE WORKERS, PARTICULARLY SINCE YOU MENTIONED THEM, IS THE FACT
THAT AGENCIES HAVEN'T BEEN PROVIDING THEM WITH PERSONAL PROTECTIVE
EQUIPMENT, ONE OF THE THINGS THAT'S REQUIRED HERE UNDER THIS PIECE OF
LEGISLATION.
MR. GOODELL: I SEE IT APPLIES TO INDEPENDENT
48
NYS ASSEMBLY APRIL 19, 2021
CONTRACTORS. SO IF I'M A HOMEOWNER AND I HIRE A PAINTING CREW TO COME
AND PAINT THE HOUSE, PUT ON NEW SIDING, PUT ON A NEW ROOF, I WOULD BE
CONSIDERED AN EMPLOYER EVEN THOUGH THESE ARE INDEPENDENT
CONTRACTORS?
MS. REYES: I DON'T BELIEVE SO. NO, YOU'RE NOT
CONSIDERED AN EMPLOYER.
MR. GOODELL: BUT IF A BUSINESS HIRED SOMEONE TO
COME IN AND REPAINT THE BUILDING, PUT ON A NEW ROOF, THEY'RE
INDEPENDENT CONTRACTORS, THE BUSINESS IS NOW RESPONSIBLE FOR THEM?
MS. REYES: I BELIEVE SO.
MR. GOODELL: SO THAT MEANS IF A BUSINESS HIRES A
CONTRACTOR TO COME IN AND PUT IN A NEW ROOF, THE BUSINESS HAS TO
MAINTAIN SOCIAL DISTANCING, MASKS, AND ALL NINE OR TEN REQUIREMENTS
THAT ARE LAID OUT HERE?
MS. REYES: CORRECT.
MR. GOODELL: NOW IF A BUSINESS ONLY HAS ONE
EMPLOYEE, AM I CORRECT THAT THESE TEN REQUIREMENTS WOULD APPLY EVEN
IF YOU ONLY HAVE ONE EMPLOYEE, EVEN IF IT'S JUST ONE PART-TIME
EMPLOYEE, FOR EXAMPLE, RIGHT?
MS. REYES: WELL, YES. EVERY -- EVERY WORKER'S LIFE
IS VALUABLE AND SHOULD BE PROTECTED.
MR. GOODELL: ONE OF THE REQUIREMENTS IS
COMPLIANCE WITH APPLICABLE ENGINEERING CONTROLS, SUCH AS PROPER AIR
FLOW, EXHAUST, VENTILATION, AND OTHER SPECIAL DESIGN REQUIREMENTS. IF
YOU'RE A SMALL EMPLOYER AND YOU HAVE AN OLDER BUILDING THAT MAYBE
49
NYS ASSEMBLY APRIL 19, 2021
DOESN'T EVEN HAVE CENTRAL AIR, IT MAY BE HEATED OR COOLED BY OTHER
MEANS, DOES THIS THEN REQUIRE YOU TO PUT IN AIR VENTILATION AND AIR
CIRCULATION EQUIPMENT?
MS. REYES: NO, THE LEGISLATION DOES NOT SPECIFY
THAT. AND -- AND I ALSO WOULD LIKE TO ADD THAT THESE MEASURES SHOULD
BE WITHIN REASON, AND OFTENTIMES WITHIN REASON MEANS THAT YOU'RE
ENFORCING THE FACT THAT PEOPLE ARE WEARING MASKS TO PROTECT
THEMSELVES. WE UNDERSTAND THAT WE HAVE OLD INFRASTRUCTURE THAT MAY
NOT BE ABLE TO BE RETROFITTED FOR VENTILATION AND THAT'S NOT A
REQUIREMENT. OFTENTIMES, ADEQUATE REQUIREMENT IS JUST OPENING A
WINDOW.
MR. GOODELL: BY THE WAY, I VERY MUCH
APPRECIATE AND AGREE WITH EVERYTHING YOU JUST SAID, BUT I'M LOOKING AT
PAGE 3, LINE 31 AND 32 OF THE BILL, AND DOESN'T THAT SAY THAT ONE OF THE
REQUIREMENTS IS COMPLIANCE OF APPLICABLE ENGINEERING CONTROLS SUCH AS
PROPER AIR FLOW, EXHAUST, VENTILATION OR OTHER SPECIAL DESIGN
REQUIREMENTS? I DON'T SEE ANY EXCEPTION FOR REASONABLENESS; IS THERE
ONE THAT I MISSED SOMEWHERE?
MS. REYES: I'M SORRY, HOLD ON.
MR. GOODELL: BY THE WAY, I LIKED YOUR PRIOR
ANSWER, I JUST DIDN'T SEE IT IN THE LANGUAGE OF THE BILL.
MS. REYES: SO IT -- IT -- IT REQUIRES THEM TO CONSIDER
THOSE THINGS WHEN THEY'RE COMING UP WITH THE STANDARDS, BUT IT DOESN'T
SPECIFICALLY SAY THAT THEY HAVE TO REDO THEIR WHOLE HVAC SYSTEM.
MR. GOODELL: NOW IN THE AMERICANS WITH
50
NYS ASSEMBLY APRIL 19, 2021
DISABILITIES ACT, WHEN THAT WAS ENACTED, THE LANGUAGE OF THE STATUTE
EXPRESSLY PROVIDED AN EXCEPTION IF THE MODIFICATION, IN ORDER TO
ACCOMMODATE THOSE WITH DISABILITIES, WAS NOT REASONABLE OR PRACTICAL
TO IMPLEMENT. IS THERE COMPARABLE LANGUAGE IN THIS LEGISLATION?
MS. REYES: I DON'T -- I BELIEVE IT'S NOT DELINEATED IN
THE LEGISLATION BECAUSE THAT'S LEFT UP TO THE DEPARTMENT OF LABOR TO
PROMULGATE WHAT IS REASONABLE.
MR. GOODELL: I SEE THAT THIS PROVISION SAYS THAT
AN EMPLOYEE CAN REFUSE TO WORK IF THE EMPLOYEE REASONABLY
DETERMINES IN GOOD FAITH THAT SUCH WORK EXPOSES HIM OR HER OR OTHER
WORKERS, OR THE PUBLIC FOR THAT MATTER, TO AN UNREASONABLE RISK OF
EXPOSURE TO AN AIRBORNE INFECTIOUS DISEASE, IS THAT CORRECT? I'M LOOKING
AT PAGE 4, LINE 50.
MS. REYES: CORRECT.
MR. GOODELL: SO IN OTHER WORDS, AN EMPLOYEE
COULD REFUSE TO WORK BASED ON A CONCERN THAT WORKING CONDITIONS
MIGHT EXPOSE SOMEONE ENTIRELY DIFFERENT, A MEMBER OF THE PUBLIC OR
SOME OTHER EMPLOYEE, THEY CAN JUST THEN REFUSE TO WORK?
MS. REYES: YEAH, BUT THAT'S CURRENTLY THE STANDARD
NOW. THAT LANGUAGE IS ACTUALLY MODELED AFTER THE CODE OF FEDERAL
REGULATIONS FOR -- UNDER OSHA.
MR. GOODELL: RIGHT, AND THAT'S WHY I THINK WE
SHOULD STAY WITH OSHA, BUT NUMBER EIGHT SAYS THAT THE EMPLOYER
CANNOT IN ANY WAY RETALIATE OR TAKE ANY ADVERSE ACTION. SO IF AN
EMPLOYEE REFUSES TO WORK BECAUSE THEY'RE CONCERNED THAT THERE MIGHT
51
NYS ASSEMBLY APRIL 19, 2021
BE A RISK TO SOMEBODY ELSE AND THEY REFUSE TO WORK, I UNDERSTAND THE
EMPLOYER CAN'T RETALIATE. DOES THE EMPLOYER STILL HAVE TO PAY THEM
EVEN THOUGH THEY'RE NOT WORKING?
MS. REYES: I DON'T BELIEVE SO.
MR. GOODELL: NOW THIS SAYS THAT AN EMPLOYEE
CAN SIMPLY REFUSE TO WORK IF THEY HAVE A GOOD FAITH BELIEF THAT THEIR
WORK MIGHT EXPOSE SOMEBODY ELSE TO A DANGER. WHO DETERMINES
WHAT'S MEANT BY "GOOD FAITH?" IS IT THE EMPLOYER OR JUST THE EMPLOYEE,
OR SOME THIRD-PARTY?
MS. REYES: AS PER THE OSHA STANDARD, I BELIEVE
IT'S THE EMPLOYEE, THE PERSON WHO IS REFUSING TO WORK.
MR. GOODELL: SO IT'S UP TO THE EMPLOYEE TO
DECIDE WHETHER THEY WANT TO WORK OR NOT?
MS. REYES: CORRECT. AND THEY AREN'T PAID --
MR. GOODELL: AND I SEE THAT YOU HAVE A
PROVISION --
MS. REYES: THEY AREN'T PAID IF THEY DON'T WORK.
MR. GOODELL: I SEE IT IN THE PROVISION ON THE
REIMBURSEMENT OF LEGAL FEES AND ATTORNEYS FEES AND COST IF THE
EMPLOYEE WINS, BUT THE -- THE STANDARD FOR REIMBURSING AN EMPLOYER IF
THE EMPLOYER WINS IS ONLY IF THE EMPLOYEE'S ACTION WAS COMPLETELY
WITHOUT MERIT, NOT JUST THAT THE EMPLOYER WON, BUT THAT THE EMPLOYEE'S
CLAIM WAS COMPLETELY WITHOUT MERIT AND UNDERTAKEN PRIMARILY TO
HARASS OR MALICIOUSLY INJURE THE EMPLOYER. WHY DON'T WE HAVE THE
SAME STANDARD FOR BOTH THE EMPLOYEE AND THE EMPLOYER? IN OTHER
52
NYS ASSEMBLY APRIL 19, 2021
WORDS, IF THE EMPLOYEE WINS A CLOSE CASE AND IS ENTITLED TO
REIMBURSEMENT, WHY SHOULDN'T THE EMPLOYER LIKEWISE BE ENTITLED TO
REIMBURSEMENT IF THE EMPLOYER WINS? WHY SUCH A HIGH STANDARD FOR
EMPLOYERS AND NO STANDARD -- OR LOW STANDARD FOR EMPLOYEES IN TERMS
OF REIMBURSING THEIR LEGAL FEES?
MS. REYES: THIS IS ALL MODELED AFTER FEDERAL
LANGUAGE.
MR. GOODELL: I SEE. NOW I SEE THAT IF YOU HAVE
TEN OR MORE EMPLOYEES YOU HAVE TO SET UP, OR YOU MAY, RATHER, I
APOLOGIZE, IF YOU HAVE TEN OR MORE EMPLOYEES, THE EMPLOYEES CAN
REQUEST A LABOR MANAGEMENT COMMITTEE TO REVIEW SAFETY ISSUES,
CORRECT?
MS. REYES: CORRECT.
MR. GOODELL: AND AT LEAST TWO-THIRDS OF THE
MEMBERS OF THAT COMMITTEE HAVE TO BE MADE UP OF EMPLOYEES,
CORRECT?
MS. REYES: CORRECT.
MR. GOODELL: SO IF I HAVE TEN EMPLOYEES, YOU'RE
SAYING A THIRD OF MY WORKFORCE HAS TO BE ON THIS COMMITTEE?
MS. REYES: THEY DON'T HAVE TO BE ON THE
COMMITTEE, YOU JUST --
MR. GOODELL: WELL, IF THERE'S TWO-THIRDS OF THEM
HAVE TO BE EMPLOYEES AND YOU ONLY HAVE TEN EMPLOYEES, SO I MEAN,
THREE OUT OF TEN IS 30 PERCENT, RIGHT?
MS. REYES: CORRECT; THAT'S OPTIONAL.
53
NYS ASSEMBLY APRIL 19, 2021
MR. GOODELL: AND THEN THEY MEET DURING WORK
HOURS AT LEAST ONCE A QUARTER. ANY LIMIT ON HOW LONG THEY CAN MEET OR
THEY COULD JUST TAKE THE WHOLE DAY OFF, AT EMPLOYER EXPENSE?
MS. REYES: I DON'T BELIEVE WE PUT IN LANGUAGE
ABOUT HOURS, BUT I -- THAT'S UNREASONABLE TO SAY THEY'RE GOING TO TAKE THE
FULL DAY OFF FOR A COMMITTEE MEETING, BECAUSE IN THAT COMMITTEE
MEETING YOU ALSO NEED YOUR SUPERVISORY EMPLOYEES.
MR. GOODELL: THANK YOU VERY MUCH, AND I'M
GLAD TO SEE YOU'RE STILL SMILING. MY QUESTIONS FOR YOU ARE DONE, THANK
YOU SO MUCH.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: OUR EMPLOYERS IN NEW YORK STATE
ARE REELING IN AN EFFORT TO RECOVER FROM COVID. AND WE ARE THANKFUL
THAT OUR EMPLOYERS HAVE TAKEN SUCH INITIATIVES AND ARE COMPLYING WITH
THE OSHA STANDARDS AND DOH STANDARDS AND ALL OF THE OTHER
STANDARDS. THIS IS NOT THE RIGHT TIME TO IMPOSE HUGE NEW REQUIREMENTS
ON ALL OF OUR EMPLOYERS, EVEN IF THEY ONLY HAVE ONE EMPLOYEE. I LIKE
THE INTENT, BUT THE LANGUAGE IS TOO BROAD. THANK YOU, SIR, AND THANK
YOU TO THE SPONSOR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. SALKA.
MR. SALKA: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
54
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: MS. REYES, WILL YOU
YIELD?
MS. REYES: YES.
ACTING SPEAKER AUBRY: MS. REYES YIELDS, SIR.
MR. SALKA: THANK YOU VERY MUCH. SOMEWHAT
SIMPLE QUESTION, WHO PAYS FOR ALL THIS? OBVIOUSLY WE KNOW THAT PPE
IS NOW, WITH THE MARKET BEING THE WAY IT IS, A BOX OF GLOVES CAN COST
WELL OVER $100, ALL THE WAY TO SOPHISTICATED VENTILATION SYSTEMS, THEY
CAN LITERALLY COST THOUSANDS AND THOUSANDS OF DOLLARS. AND I KNOW THAT
A LOT OF BUSINESSES IN MY DISTRICT AND I'M SURE IN OTHER DISTRICTS
THROUGHOUT THE STATE ARE STRUGGLING JUST TO MAKE -- MAKE THEIR
MORTGAGE PAYMENTS AND PAY THEIR EMPLOYEES. SOME HAVE GONE INTO
THEIR PERSONAL FINANCES JUST TO PAY THEIR EMPLOYEES. SO I'M JUST
WONDERING IF THERE WAS ANYTHING IN THE BILL, AND I DIDN'T SEE ANYTHING,
BUT IF THERE WAS ANYTHING IN THE BILL THAT WOULD, IN FACT, ALLOW FOR SOME
KIND OF ASSISTANCE TO EMPLOYERS TO COMPLY WITH WHAT COULD BE A FAIRLY
COSTLY REQUIREMENT.
MS. REYES: WELL, FIRST I NEED TO CLARIFY THE RECORD.
THERE IS NOTHING THAT REQUIRES THEM TO UPGRADE VENTILATION SYSTEMS.
THAT IS ABSOLUTELY NOT A REQUIREMENT FOR BUSINESSES. AND WE WOULD
ARGUE THAT THE COST IS MINIMAL. THE COST OF PPE IS SOMETHING THAT
BUSINESSES ARE ALREADY INCURRING, AND THIS IS JUST TO ENSURE THAT PEOPLE
ARE FOLLOWING THE RULES. AND WE WOULD ARGUE ALSO THAT THE COST OF
CLOSING BUSINESSES BECAUSE PEOPLE ARE CONTRACTING COVID, WHETHER IT
BE SPREAD WITHIN EMPLOYEES WITHIN THE WORKPLACE, WITHIN THE GENERAL
55
NYS ASSEMBLY APRIL 19, 2021
COMMUNITY, BECAUSE AS WE'VE SEEN WITH SOME OF THESE -- WITH SOME OF
THE EXECUTIVE ORDERS IS THAT WHEN CERTAIN AREAS GO ABOVE A CERTAIN
COLOR, THEN -- THEN THE WHOLE AREA CLOSES DOWN AND THAT'S A COST TO
BUSINESSES THAT I WOULD ARGUE IS GREATER THAN THE COST OF A BOX OF
MASKS AND SOME GLOVES. SO OUR BUSINESSES ARE ALREADY PAYING FOR THIS
AND THE COST IS MINIMAL, BUT THERE ARE ALSO SOME GRANTS THROUGH SBA
THAT HAVE BEEN OFFERED FOR BUSINESSES WHO HAVE SIGNIFICANT HARDSHIP TO
BE ABLE TO ACCESS FUNDS TO PAY FOR SOME OF THESE MEASURES THAT ARE IN
THE BEST INTEREST OF PUBLIC HEALTH, I MIGHT ARGUE.
MR. SALKA: THANK YOU. THANK YOU FOR THAT.
MAYBE ONE OR TWO MORE QUESTIONS HERE. IS ONE OF THE REQUIREMENTS TO
HAVE EFFECTIVE SOCIAL DISTANCING FOR EMPLOYEES AND CONSUMERS OR
CUSTOMERS AS THE RISK OF ILLNESS MAY APPLY? I WOULD IMAGINE THAT'S A
RELATIVE REQUIREMENT? I HAVE, IN MY DISTRICT, I HAVE FACTORIES, I HAVE
BUSINESSES WHERE PEOPLE WORK WITHIN CLOSE PROXIMITY OF EACH OTHER
AND SOCIAL DISTANCING TO SUCCESSFULLY RUN THE OPERATION IS
IMPRACTICABLE, TO SAY THE LEAST. IS THERE A SUBJECTIVITY TO THIS?
MS. REYES: I AGREE. NO, AND -- AND LOOK, I'LL TELL
YOU, AS A NURSE, IT'S IMPOSSIBLE FOR ME TO STAY AWAY FROM MY PATIENTS.
I HAVE TO BE IN VERY CLOSE PROXIMITY TO MY PATIENTS, BUT THE WAY THAT I
PROTECT MYSELF AND ALSO PERFORM MY DUTIES IS BY HAVING THE APPROPRIATE
PPE. AND THERE ARE GOING TO BE INDUSTRIES WHERE, OF COURSE, SOCIAL
DISTANCING IS NOT GOING TO APPLY AND IT WILL BE DIFFICULT TO IMPLEMENT
BECAUSE OF THE NATURE OF THE INDUSTRY, AND THAT'S WHY WE HAVE TO
CONSIDER ALL THE OTHER MEASURES THAT ARE IN PLACE. MASK WEARING IS ONE
56
NYS ASSEMBLY APRIL 19, 2021
OF THOSE MEASURES THAT IS VERY, VERY EFFECTIVE IN PREVENTING THE SPREAD
OF -- OF AIRBORNE INFECTIOUS DISEASES.
MR. SALKA: OKAY. ONE OTHER QUESTION. THANK
YOU VERY MUCH. DESIGNATION OF ONE OR MORE SUPERVISORY EMPLOYEES TO
ENFORCE COMPLIANCE. WILL THESE SUPERVISORY EMPLOYEES HAVE TO HAVE
ANY KIND OF ORIENTATION, IF YOU WILL, INTO SOMETIMES WHAT CAN BE A
RELATIVELY SOPHISTICATED REGULATION? IN OTHER WORDS, THEY REALLY SHOULD
KNOW WHAT THEY'RE TALKING ABOUT IF THEY WANT TO MAKE A CLAIM OR AN
ACCUSATION AGAINST AN EMPLOYER FOR -- FOR A VIOLATION. WILL THEY HAVE
ANY KIND OF BACKGROUND INFORMATION THAT'S REQUIRED OR ORIENTATION?
MS. REYES: WELL, THE -- THE PURPOSE OF CREATING
THESE STANDARDS IS TO MAKE THEM VERY, VERY CLEAR FOR -- FOR EMPLOYERS TO
BE ABLE TO IMPLEMENT AND ENFORCE THEM. SO I -- I DON'T FORESEE THEM TO
BE VERY COMPLEX, KIND OF LIKE A CHECKLIST OF THESE ARE THE THINGS THAT
YOU NEED TO PUT IN PLACE TO MAKE SURE THAT YOU GUYS ARE ADHERING TO THE
LAW BUT ALSO ADHERING TO SAFETY MEASURES. AND EMPLOYERS ARE REQUIRED
TO POST THESE STANDARDS SO EMPLOYEES CAN SEE THEM AND THE SUPERVISORY
EMPLOYEES ARE ABLE TO ACCESS THEM, AS WELL, AND THERE'S TRAINING THAT IS
REQUIRED, AS WELL. AND I THINK VERBAL -- WHAT'D THEY SAY, VERBAL REVIEW
OF THE STANDARDS.
MR. SALKA: SO THERE IS SOME TRAINING OR
ORIENTATION FOR THESE PEOPLE THAT ARE GOING TO HAVE THE RESPONSIBILITY OF
JUDGING WHETHER OR NOT AN EMPLOYER IS COMPLYING WITH THE REGULATIONS
UNDER THIS BILL?
MS. REYES: CORRECT. AND THAT'S -- AND THAT'S
57
NYS ASSEMBLY APRIL 19, 2021
INDUSTRY -- LIKE AGAIN, WORK SITE SPECIFIC, RIGHT. AN EMPLOYER WILL GET
THESE -- THESE GUIDELINES FROM THE DEPARTMENT OF LABOR AND THEY WILL
REVIEW THEM WITH THEIR SUPERVISORY EMPLOYEES LIKE THEY REVIEW ALL THE
OTHER STANDARDS THAT SUPERVISOR EMPLOYERS HAVE TO IMPLEMENT AND
ENFORCE, WHERE THEY WILL KNOW WHAT'S REQUIRED OF EMPLOYEES AND OF
THEMSELVES AND OF THE WORKPLACE IN ORDER TO MAKE SURE THAT THEY'RE
ADHERING TO GUIDELINES.
MR. SALKA: THANK YOU. THANK YOU VERY MUCH,
THANK YOU FOR THOSE ANSWERS. AND AS A -- AS A RESPIRATORY THERAPIST FOR
32 YEARS, I CAN AGREE WITH YOU THAT WE HAVE TO BE WITHIN VERY, VERY
CLOSE CONTACT OF OUR PATIENTS IN MANY CIRCUMSTANCES, AND I THANK YOU
FOR WHAT YOU'RE DOING IN THE MEDICAL PROFESSION.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER JONES: ON THE BILL.
MR. SALKA: I HAVE TO CONCUR WITH MY -- MY
COLLEAGUE, ASSEMBLYMAN GOODELL, WHEN NOW IS PROBABLY ONE OF THE
WORST TIMES TO FORCE EMPLOYERS, AND I THINK OF OUR DAIRY FARMERS WHO
ARE JUST BARELY MAKING IT WITH THE PRICE OF MILK BEING AS LOW AS IT IS OR
AS I MENTIONED, OUR RESTAURANT OWNERS WHO REALLY ARE BELOW MARGINAL
RIGHT NOW AS FAR AS BEING ABLE TO COMPLY WITH WHAT ARE, A LOT OF TIMES,
VERY AMBIGUOUS DIRECTION FROM THE -- FROM THE DEPARTMENT OF HEALTH.
BUT, OF COURSE, NO ONE HERE WANTS TO SEE SOMEONE CONTRACT COVID
UNNECESSARILY, OKAY, AND WE DO NEED TO PROTECT OUR WORKERS TO THE
MOST -- WITH OUR BEST EFFORTS. BUT I JUST SEE THAT A BILL THAT WILL INCREASE
OVERHEAD FOR BUSINESSES ACROSS THE SPECTRUM IN NEW YORK STATE, AND
58
NYS ASSEMBLY APRIL 19, 2021
WITH NEW YORK STATE BEING ONE OF THE WORST STATES IN THE COUNTRY TO DO
BUSINESS IN, AND EVEN BEFORE THE PANDEMIC, I CAN SEE SOMETHING LIKE
THIS AS PUTTING MORE AND MORE PRESSURE AND CAUSING MORE AND MORE
BUSINESSES TO FAIL. SO WITH THAT IN MIND, I'LL BE VOTING AGAINST THIS BILL
AND I URGE MY COLLEAGUES TO DO THE SAME.
ACTING SPEAKER JONES: THANK YOU.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR JUST A COUPLE QUESTIONS?
ACTING SPEAKER JONES: WILL THE SPONSOR
YIELD?
MS. REYES: YES.
ACTING SPEAKER JONES: THE SPONSOR YIELDS.
MR. MANKTELOW: THANK YOU VERY MUCH,
CHAIRWOMAN -- OR SPONSOR. JUST A COUPLE QUESTIONS. WHILE I WAS
READING THROUGH THIS, IS THERE ANYTHING BEING DONE FOR THE STATE
EMPLOYEES?
MS. REYES: SO WE PASSED CHAPTER 168 OF 2020 LAST
YEAR AND THAT COVERED STATE EMPLOYEES. SO THEY'RE ALREADY IN THE
PROCESS OF CREATING THE VERY SAME GUIDELINES FOR THE PUBLIC SECTOR.
THIS PIECE OF LEGISLATION WOULD ONLY ADDRESS PUBLIC -- PRIVATE SECTOR
WORKERS.
MR. MANKTELOW: SO DO STATE EMPLOYEES, ARE
THEY ABLE TO GET TOGETHER WITH ONE ANOTHER, WITH THEIR EMPLOYERS AND
FIND OUT WHAT'S WORKING AND WHAT'S NOT WORKING IN THE STATE
59
NYS ASSEMBLY APRIL 19, 2021
WORKPLACE?
MS. REYES: YEAH, MOST OF OUR PUBLIC -- PUBLIC
SECTOR WORKERS ARE UNIONIZED ALREADY AND WITHIN THE CONSTRUCT OF THEIR
UNION, THEY ALREADY HAVE WORKPLACE SAFETY COMMITTEES.
MR. MANKTELOW: AND IF SOME OF THESE
WORKPLACES IN THE STATE, IF THEY DON'T -- IF THEY DON'T COMPLY, WHAT
HAPPENS WITH THE UNITS, OR THE DIFFERENT ORGANIZATIONS THROUGHOUT THE
STATE?
MS. REYES: ARE YOU TALKING ABOUT THE PRIVATE
SECTOR?
MR. MANKTELOW: NO, I'M TALKING ABOUT THE STATE
EMPLOYEES.
MS. REYES: IF THEY DON'T COMPLY?
MR. MANKTELOW: YES.
MS. REYES: WELL, YOU KNOW, THE UNIONS CAN --
RIGHT. THERE'S RECOURSE THROUGH THE LABOR LAW FOR UNIONS TO BE ABLE TO
ENFORCE THEIR CONTRACTUAL BARGAINING AGREEMENTS.
MR. MANKTELOW: SO JUST -- JUST A QUICK QUESTION
WHILE WE'RE HERE IN ALBANY, I KNOW THIS BUILDING IS HUGE AND THE
CAPITOL AND THE LOB, DO YOU KNOW IF THOSE -- BOTH OF THESE BUILDINGS
HAVE THEY HAD CHANGES IN THE AIR SYSTEM, DO YOU KNOW?
MS. REYES: I'M NOT CERTAIN.
MR. MANKTELOW: OKAY. I WAS JUST WONDERING
BECAUSE I KNOW THAT THERE ARE SOME ISSUES HERE AND I WAS JUST
WONDERING IF YOU KNEW ABOUT THAT. SO BACK TO THE STATE EMPLOYEES, UP
60
NYS ASSEMBLY APRIL 19, 2021
OUR WAY IN THE WINTERTIME, WE HAVE SNOWPLOW OPERATORS WITH STATE
TRUCKS. THEY RUN TWO SHIFTS, 12 TO 12. IS THERE PROTOCOL WITHIN THOSE
TRUCKS ONCE ONE DRIVER GETS OUT AND ANOTHER ONE GETS IN?
MS. REYES: I'M SORRY, COULD YOU REPEAT THAT?
MR. MANKTELOW: SURE. I KNOW UP IN OUR AREA
WHERE WE DO A LOT OF SNOWPLOWING, WE HAVE STATE ROADS UP THERE, OF
COURSE, LIKE EVERYONE ELSE, AND I KNOW THAT ONE OPERATOR OF A TRUCK WILL
BE IN THAT TRUCK FOR 12 HOURS AND AT THE END OF HIS OR HER SHIFT, THEY GET
OUT AND THEN A NEW DRIVER COMES IN. ARE THERE PROTOCOLS IN PLACE TO
DISINFECT THAT TRUCK PRIOR TO THE NEW EMPLOYEE COMING ON FOR HIS -- HIS
OR HER SHIFT?
MS. REYES: IS THIS A -- IS THIS A PUBLIC SECTOR
WORKER?
MR. MANKTELOW: NO, THIS IS A STATE EMPLOYEE.
MS. REYES: A STATE, I'M -- I'M ASSUMING THAT THERE
ARE HEALTH AND SAFETY GUIDELINES IN PLACE ALREADY.
MR. MANKTELOW: OKAY, I JUST WANTED TO BE SURE.
YOU KNOW, WE'RE HITTING THE PRIVATE SECTOR PRETTY HARD HERE. I JUST
WANT TO BE SURE THAT IF WE'RE GOING TO HIT THE PUBLIC -- OR THE PRIVATE
SECTOR HARD, WE NEED TO -- WE NEED TO ALSO MAKE SURE OUR STATE
EMPLOYEES ARE TAKEN CARE OF, AS WELL.
MS. REYES: I AGREE.
MR. MANKTELOW: THANK YOU. AND I WANT TO
THANK YOU FOR BEING A NURSE AND EVERYTHING YOU DO, THANK YOU SO
MUCH. BEING A FORMER FARMER AND WORKING IN -- IN EQUIPMENT FOR
61
NYS ASSEMBLY APRIL 19, 2021
MANY, MANY HOURS, WHAT ARE THE STANDARDS GOING TO BE FOR SOME OF OUR
FARMERS, DO YOU KNOW THAT YET?
MS. REYES: WELL, THE -- THE LEGISLATION DOESN'T
SPECIFY THE STANDARDS FOR EVERY INDUSTRY. THERE ARE MINIMAL STANDARDS,
LIKE PPE REQUIREMENTS, SOCIAL DISTANCING, DISINFECTION, BUT THERE WILL
BE DIFFERENT STANDARDS FOR DIFFERENT INDUSTRIES AND I THINK LIKE THE OTHER
COLLEAGUE WHO ASKED QUESTIONS PRIOR ABOUT SOCIAL DISTANCING IN -- IN
HEALTH -- HEALTH CARE SETTINGS IS NOT GOING TO BE NECESSARILY SOMETHING
THAT -- THAT WILL BE ABLE TO BE ENFORCEABLE OR -- OR ACTUALLY ABLE TO
HAPPEN. I ASSUME THAT THERE ARE GOING TO BE STANDARDS FOR FARMERS AND
-- AND AGRICULTURE THAT AREN'T GOING TO BE -- ARE GOING TO BE DIFFERENT.
MR. MANKTELOW: AND I'M ASSUMING THAT WILL BE
THE SAME FOR TRUCK DRIVING OR A TRANSPORTATION COMPANY IN THE PRIVATE
SECTOR, AS WELL?
MS. REYES: FOR ALL INDUSTRIES. THERE ARE GOING TO
BE INDUSTRY SPECIFIC STANDARDS THAT WE CAN'T -- THAT WE CAN'T -- THAT WE
CAN'T ANTICIPATE IN THIS PIECE OF LEGISLATION TO WRITE IN STATUTE STANDARDS
FOR EVERY INDUSTRY, SO THAT'S WHY WE LEAVE IT UP TO THE DEPARTMENT OF
LABOR TO HANDLE IT.
MR. MANKTELOW: DO YOU THINK IT WOULD BE
BETTER IF WE CAME UP WITH THOSE STANDARDS PRIOR TO IMPLEMENTING --
IMPLEMENTING THIS?
MS. REYES: NO -- I AM NOT A FARMER, I HAVE NO
INSIGHT AS TO WHAT THEY MIGHT NEED OTHER THAN THE BASIC PRECAUTIONS
NECESSARY TO PREVENT AIRBORNE INFECTIOUS DISEASES, BUT THERE ARE GOING
62
NYS ASSEMBLY APRIL 19, 2021
TO BE INDUSTRY-RELATED STANDARDS THAT I'M NOT GOING TO BE ABLE TO FORESEE
BECAUSE I DON'T -- I'M NOT A FARMER, I'M A NURSE. AND SIMILARLY, IN OTHER
INDUSTRIES, THERE ARE GOING TO BE STANDARDS THAT WE ARE NOT GOING TO BE
ABLE TO REGULATE BECAUSE WE DON'T UNDERSTAND THOSE NUANCES IN EVERY
INDUSTRY AND EVERY WORKPLACE.
MR. MANKTELOW: YEAH, SO -- AND I AGREE WITH
THAT AND THAT'S WHY I'M ASKING, DON'T YOU THINK -- IF WE KNOW WHERE
WE'RE GOING AND WHAT PRIVATE SECTOR IS GOING TO BE HAVING TO DEAL WITH
THIS, WOULDN'T IT BE BETTER FOR US TO COME WITH THE GUIDELINES PRIOR TO
IMPLEMENTING THIS SO THE BUSINESSES THAT ARE IN NEW YORK STATE HAVE A
FULL UNDERSTANDING OF WHAT'S EXPECTED OF THEM AND KIND OF AN IDEA OF
WHAT THE COST IS GOING TO BE; WOULDN'T THAT MAKE -- I'M SORRY, GO AHEAD.
MS. REYES: WELL, THE -- THE LEGISLATION DOES SPEAK
TO MINIMUM STANDARDS, HEALTH SCREENINGS, FACE COVERINGS, PPE, HAND
HYGIENE -- HAND HYGIENE STATIONS THAT ARE ACCESSIBLE, REGULAR CLEANING
AND DISINFECTING, WHETHER IT BE OF EQUIPMENT OR WORK -- WORK AREAS,
SOCIAL DISTANCING IF APPLICABLE, COMPLYING WITH QUARANTINE GUIDELINES.
SO IF YOU HAVE AN EXPOSURE IN THE WORKPLACE, HOW LONG THOSE
EMPLOYEES HAVE TO QUARANTINE FOR, BEING ABLE ALSO NOTIFYING OTHER
EMPLOYEES OF POTENTIAL EXPOSURE, ALL THOSE THINGS ARE WRITTEN WITHIN
THE -- THE STATUTE OF THIS -- OF THIS BILL. ALL THE OTHER THINGS THAT WE CAN'T
FORESEE, THEY AREN'T, AND WE LEAVE IT UP TO THE DEPARTMENT OF LABOR.
MR. MANKTELOW: OKAY. I'M JUST REALLY
CONCERNED THAT THE DEPARTMENT OF LABOR IS GOING TO GO IN THERE BEING
THE BIG KID ON THE BLOCK AND REALLY PUTTING SOME TOUGH GUIDELINES ON
63
NYS ASSEMBLY APRIL 19, 2021
OUR BUSINESSES, AND I THINK AT THIS TIME, AS MY COLLEAGUE THAT JUST SPOKE
SAID, THIS IS PROBABLY NOT THE BEST TIME TO -- TO MAKE THEM HAVE TO DO
WITH EVEN MORE WITH LESS MONEY. AND AS I LOOK AT THE BILL, IS THERE ANY
FUNDING THAT GOES ALONG TO HELP OUR BUSINESSES BEING -- WOULD BE ABLE
TO HANDLE THE CHANGES?
MS. REYES: WELL, I'VE HEARD SEVERAL OF OUR
COLLEAGUES SAY THAT THIS ISN'T A GOOD TIME, BUT WE'VE LOST HUNDREDS OF
THOUSANDS OF LIVES. I WOULD ARGUE THIS -- THERE IS NO BETTER TIME THAN
NOW. WE'RE ACTUALLY A LITTLE LATE IN IMPLEMENTING THESE STANDARDS. WE
SHOULD HAVE IMPLEMENTED THEM LAST YEAR. SO IN TERMS OF MONEY, YOU
SAID FOR --
MR. MANKTELOW: YEAH, BECAUSE RIGHT NOW, OUR
BUSINESSES ARE STRUGGLING. I TALKED TO MANY BUSINESSES WHEN WE'RE
BACK IN THE DISTRICT. I TALK TO OTHER COLLEAGUES THROUGHOUT THE STATE AND
OUR BUSINESSES ARE IN TOUGH SHAPE RIGHT NOW FINANCIALLY. AND NOW
WE'RE LOOKING LIKE WE'RE GOING TO ADD ANOTHER, I'LL CALL IT UNFUNDED
MANDATE, BACK TO OUR LOCAL BUSINESSES AND THEY'RE GOING TO HAVE TO
COME UP WITH THE FUNDING TO PUT THIS IN PLACE, AND NOT ONLY THAT,
THEY'RE GOING TO HAVE TO ALLOW THEIR EMPLOYEES TO HAVE TIME TO WORK
WITH THIS AS WELL. AND AGAIN, WE'RE GOING TO PUSH THIS OFF TO THEM,
THINKING THAT OUR BUSINESSES HAVE JUST A NEVER-ENDING BARREL OF MONEY
OUT BACK AND THEY REALLY CAN'T STAND THIS. SO -- SO WHAT ARE WE GOING TO
DO FINANCIALLY TO HELP OUR BUSINESSES GET THROUGH THIS CHANGE?
MS. REYES: WELL, OUR BUSINESSES ARE ALREADY
INCURRING THE COST OF US NOT DOING ANYTHING, WHICH IS THE CLOSURES THAT
64
NYS ASSEMBLY APRIL 19, 2021
WE'VE SEEN AS WE'VE SEEN THIS -- THIS VIRUS CONTINUE TO SPREAD THROUGH
THE POPULATION, THROUGH OUR COMMUNITIES THAT HAS FORCED OUR INDUSTRIES
AND OUR BUSINESSES TO CLOSE. THEY'RE ALREADY INCURRING THAT COST OF OUR
INACTION. AND THE MINIMAL COST OF IMPLEMENTING THESE STANDARDS ARE --
ARE -- IS A COST THAT THEY'RE ALREADY INCURRING BECAUSE THEY ALREADY HAVE
SOME SORT OF GUIDELINES THAT THEY HAVE TO ADHERE TO. THE PROBLEM IS
THAT THEY'RE NOT VERY CLEAR AND -- AND MANY INDUSTRIES HAVE STRUGGLED TO
KEEP THEMSELVES AND THEIR WORKERS AND THEIR OVERALL COMMUNITY SAFE
BECAUSE THEY DON'T HAVE ANY CLEAR GUIDELINES ON HOW TO IMPLEMENT
SOME OF THESE PRECAUTIONS THAT THE CDC HAS PUT OUT, THAT THE FEDERAL
GOVERNMENT HAS PUT OUT, AND I THINK IT'S OUR RESPONSIBILITY AS A STATE TO
BE VERY, VERY CLEAR AS TO WHAT WE EXPECT OF OUR BUSINESSES AND HOW DO
WE MAKE THEM -- WE KEEP THEM SAFE AND KEEP EMPLOYEES SAFE AND
KEEP OUR COMMUNITIES SAFE.
AND THE COST OF -- AND I'VE SAID THIS A FEW TIMES, THE
COST OF PPE, FACE COVERINGS, I MEAN, WE'VE ALL BEEN HANDING OUT FACE
MASKS THROUGHOUT OUR COMMUNITIES. I PERSONALLY HAVE GIVEN OUT FACE
MASKS TO MANY OF MY SMALL BUSINESSES IN MY DISTRICT. THE SBA HAS --
HAS GRANT PROGRAMS THAT THEY CAN ACCESS IF THEY'RE HAVING HARDSHIPS
PAYING FOR SOME OF THESE -- SOME OF THE PPE. BUT I UNDERSTAND -- I
UNDERSTAND YOUR CONCERN. MY BIGGEST CONCERN IS THAT WE CAN NEVER GET
OUR ECONOMY BACK IF WE DON'T GET THIS VIRUS UNDER CONTROL, AND PUTTING
THESE MEASURES IN PLACE IS THE BEST WAY FOR US TO KEEP THIS VIRUS UNDER
CONTROL AND STOP IT FROM SPREADING.
MR. MANKTELOW: YES, ABSOLUTELY. AND AS WE
65
NYS ASSEMBLY APRIL 19, 2021
JUST SAW IN THE BUDGET HOW MANY DOLLARS WE SPENT HELPING INDIVIDUALS
WITH OR GETTING THROUGH THE PANDEMIC AND STILL GETTING THROUGH THE
PANDEMIC. AND I JUST -- I HAVE CONCERN ABOUT OUR BUSINESSES WITHOUT
THE FINANCING, WITHOUT ANY MONEY HERE TO HELP OUR BUSINESSES
IMPLEMENT THIS, BUT WITH THE POSSIBILITY OF GETTING FINES IF THEY DON'T DO
EVERYTHING JUST EXACTLY RIGHT. I THINK WE AT THE STATE SHOULD HOLD
OURSELVES MORE ACCOUNTABLE THAN OUR BUSINESSES AS WE'VE SEEN WITH THE
-- WITH THE NURSING HOME SITUATION THROUGH THE PANDEMIC.
SO I APPRECIATE YOUR TIME, I APPRECIATE YOUR ANSWERS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER JONES: ON THE BILL.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. ON
THE BILL. AS WE MOVE OUT OF THIS PANDEMIC, WE'RE STILL IN THIS
PANDEMIC, SPEAKING TO MANY, MANY OF OUR SMALL BUSINESSES, BIG
BUSINESSES BACK HOME BACK IN OUR DISTRICTS, AGAIN, WE'RE PUTTING
ANOTHER MANDATE ON OUR BUSINESSES. AND MY CONCERN HERE AS NEW
YORKERS IS IT'S GOING TO BE VERY EASY FOR THESE BUSINESSES TO SAY ENOUGH
IS ENOUGH. THEY'VE ONLY GOT SO MUCH TIME, ONLY SO MUCH MONEY AND
SO MANY EMPLOYEES. YOU KNOW, ONE OF THE BIG ISSUES, AGAIN, WITH
EXTENDING UNEMPLOYMENT FROM THE FEDERAL SIDE IS WE CAN'T GET THE
WORKERS BACK TO WORK. THE JOBS ARE THERE, THERE ARE PLACES TO WORK
THAT ARE SAFE AND READY TO GO, BUT WE CAN'T GET THEM BACK. AND NOW
WE'RE GOING TO ADD EVEN MORE STRESS ON A BUSINESS. I USED TO HAVE A
NAIL -- OR A TANNING SALON AND A HAIRDRESSING PLACE, BELIEVE IT OR NOT,
AND THE DEPARTMENT OF HEALTH GOT SO HARD TO WORK WITH BECAUSE OF THE
66
NYS ASSEMBLY APRIL 19, 2021
TANNING BEDS I FINALLY SAID ENOUGH IS ENOUGH AND I LET IT GO. I LOST A LOT
OF MONEY BECAUSE IT WAS A NEW PLACE, BUT THERE'S A POINT WHERE WE IN
NEW YORK NEED TO WORK WITH OUR -- OUR EMPLOYERS. IF WE'RE GOING TO
ASK THEM TO DO SO MUCH, WE NEED TO BACK THEM AND SUPPLY THEM WITH
THE DOLLARS AND THE KNOWLEDGE AND NOT FINE THEM IF THEY'RE NOT PERFECT
UP FRONT.
SO I'M JUST CONCERNED THAT SOME OF OUR BUSINESSES,
AGAIN, MAY LEAVE THE STATE BECAUSE THEY JUST CANNOT AFFORD ANYMORE
UNFUNDED MANDATES. SO AS WE MOVE FORWARD, I THINK WE REALLY NEED TO
THINK HARD ABOUT THIS PIECE OF LEGISLATION. IF THERE WAS SOME FUNDING IN
THIS, I COULD PROBABLY SUPPORT IT, BUT WITHOUT THE FUNDING, MR. SPEAKER,
I CANNOT SUPPORT THIS AND I'M GOING TO ASK MY COLLEAGUES TO PULL THE
REINS BACK, SLOW DOWN AND LET'S HELP THESE INDIVIDUALS BEFORE WE
BURDEN THEM AGAIN. THANK YOU, MR. SPEAKER.
ACTING SPEAKER JONES: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER JONES: ON THE BILL.
MS. WALSH: I WASN'T NECESSARILY GOING TO BE
SPEAKING ON THIS BILL, I JUST WANT TO KIND OF PIGGYBACK ON SOME OF THE
COMMENTS THAT HAVE BEEN MADE BY SOME OF MY COLLEAGUES ABOUT THE
BILL. JUST A COUPLE OF -- AND NO PARTICULAR ORDER, JUST SOME POINTS THAT
I'VE WRITTEN DOWN. THE FIRST THING I WOULD POINT OUT IS THAT THIS BILL IS
NOT JUST LIMITED TO COVID. IT'S -- IT'S KIND OF LIKE ANOTHER ONE OF THOSE
67
NYS ASSEMBLY APRIL 19, 2021
BILLS THAT WE'VE SEEN THIS SESSION THAT IS KIND OF MASQUERADING AS A
COVID BILL BUT IT REALLY APPLIES TO SO MUCH MORE THAN COVID, AND IT'S
NOT LIMITED IN ANY TIME. THIS IS GOING TO BE THE RULE GOING FORWARD IF
THIS BECOMES LAW.
YOU KNOW, I THINK THAT AS ONE OF MY COLLEAGUES
ALLUDED TO, I THINK THAT BUSINESSES RIGHT NOW ARE REALLY AT A TIPPING
POINT, AND I THINK THAT PASSING LEGISLATION LIKE THIS, IT'S VERY ILL-TIMED.
ALL OF US WANT TO KEEP EMPLOYEES AND THE PUBLIC-AT-LARGE SAFE AND OUT
OF THAT GROUP, EMPLOYERS WANT TO DO THAT AND I THINK THAT ONE OF THE
THINGS THAT I THINK BOTHERS ME AND WHAT KIND OF COMPELLED ME TO STAND
UP AND SPEAK ABOUT THIS IS I THINK THAT THERE'S A TREND IN SOME OF THE
BILLS THAT WE'VE BEEN SEEING WHICH REALLY ATTRIBUTES THE ABSOLUTE WORST
TO THE EMPLOYERS, LIKE THEY DON'T CARE, LIKE THEY DON'T WANT TO KEEP
THEIR EMPLOYEES SAFE, LIKE THEY DON'T WANT TO KEEP THE PUBLIC-AT-LARGE
SAFE. THE EMPLOYERS THAT I SPEAK TO -- SPEAK WITH REGULARLY HAVE GONE
TO EXTRAORDINARY LENGTHS TO TRY TO KEEP THEIR PEOPLE SAFE, EVERYTHING
THAT YOU CAN NAME FROM -- FROM THE MASKING TO THE PLASTIC SHIELDS TO
THE -- THE HAND SANITIZERS TO, YOU KNOW, STAGGERING WORK SCHEDULES, TO
ALLOWING PEOPLE TO WORK REMOTELY, ON AND ON AND ON.
AND I JUST THINK THAT -- YOU KNOW, ONE OF MY
COLLEAGUES EARLIER QUOTED JOHN F. KENNEDY. I -- YOU KNOW, I WAS
THINKING ABOUT RONALD REAGAN BECAUSE AS HE SAID, YOU KNOW, THE
MOST TERRIFYING WORDS IN THE ENGLISH LANGUAGE ARE 'I'M FROM THE
GOVERNMENT AND I'M HERE TO HELP'. AND WHEN I LOOK AT THIS BILL, THAT'S
WHAT I THINK ABOUT. IT'S JUST ONE MORE HEAVY-HANDED, I THINK,
68
NYS ASSEMBLY APRIL 19, 2021
ADDITIONAL REGULATION ON OUR BUSINESS COMMUNITY ON TOP OF OSHA, ON
TOP OF WHAT EMPLOYERS ARE ALREADY DOING. WE ALREADY HAVE BROAD
WHISTLEBLOWER PROTECTION IF EMPLOYEES FEEL THAT THEY ARE NOT BEING
ADEQUATELY PROTECTED, IF THEY FEEL THAT THEY ARE NOT SAFE IN THEIR
WORKPLACES. WE ALREADY HAVE THAT. YOU KNOW, WE ALREADY HAVE THE
WORST BUSINESS CLIMATE, HIGHEST TAX, HIGHEST REGULATIONS. YOU KNOW,
THE ANSWER IS NOT TO PUT MORE REGULATIONS, MORE EXPOSURE TO FINES,
MORE PENALTIES, MORE CIVIL LAWSUITS ON OUR BUSINESS COMMUNITY. IT'S
JUST -- IT'S THE WRONG WAY TO GO.
AND I DO BELIEVE THAT THE SPONSOR HAS THE BEST OF
INTENTIONS IN ADVANCING THIS. IF YOU JUST -- YOU KNOW, IF YOU JUST TAKE A
LOOK AT THE DEFINITION OF "EMPLOYER" THAT IS COVERED BY THIS, IT IS SO
BROAD. YOU KNOW, I REALLY BELIEVE THAT IF THIS BILL HAD BEEN DRAFTED IN A
MORE CONSTRAINED MANNER, IF IT HAD BEEN LIMITED TO EMPLOYERS OF A
CERTAIN SIZE, IF IT EXCLUDED INDEPENDENT CONTRACTORS - AND I COULD NAME
A FEW MORE THINGS - IF IT WAS MORE RESTRAINED IN ITS SCOPE, I THINK THAT
THERE WOULD BE A LOT OF SUPPORT ON MY SIDE OF THE AISLE FOR IT, BUT AS IT
STANDS RIGHT NOW, I THINK IT INTRODUCES AN UNNECESSARY LAYER OF
COMPLEXITY. I THINK THAT IT'S JUST -- IT'S NOT THE RIGHT WAY TO GO HERE.
AND I DO THINK IT'S A TREND THAT I'M SEEING IN MANY
PIECES OF LEGISLATION THAT ARE COMING FORWARD THIS SESSION AND LAST, AND
I CAN'T SUPPORT THIS. AND I WOULD ENCOURAGE MY OTHER COLLEAGUES TO
REALLY THINK ABOUT THIS. IS THIS WHAT WE WANT TO DO IN ADDITION TO ALL THE
OTHER THINGS WE'VE DONE? OF COURSE WE WANT TO KEEP PEOPLE SAFE, BUT
IS THIS THE WAY THAT THE GOVERNMENT WANTS TO GO AND TELL PRIVATE
69
NYS ASSEMBLY APRIL 19, 2021
BUSINESS HOW TO DO IT? THANK YOU.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WILL THE SPONSOR YIELD FOR A QUESTION?
ACTING SPEAKER AUBRY: MS. REYES?
MS. REYES: YES, MA'AM.
MRS. PEOPLES-STOKES: SO COLLEAGUE, I'M
UNDERSTANDING HERE THAT THIS BILL WOULD REQUIRE THAT THE DEPARTMENT OF
LABOR AND THE DEPARTMENT OF HEALTH TO CREATE SOME SORT OF MODEL THAT
WOULD DEAL WITH AIRBORNE INFECTIOUS DISEASES AND THAT IT WOULD BE USED
IN ALL WORK SITES.
MS. REYES: CORRECT.
MRS. PEOPLES-STOKES: AND A LITTLE BIT OF A
DIFFERENCE BETWEEN, SAY, THE NAIL SALON WHERE I WAS LAST WEEK FOR A
MANI/PEDI, AND THE SUPERMARKET, OR A SHOE REPAIR PLACE. IT WOULD BE
BASED ON THE INDUSTRY AS OPPOSED TO A STANDARD PROCEDURE, IS THAT RIGHT?
MS. REYES: CORRECT. THERE ARE BASELINE MINIMUM
REQUIREMENTS THAT WE -- THAT WOULD BE REQUIRED ACROSS THE BOARD FOR
EVERY INDUSTRY THAT WOULD MEAN, OF COURSE, FACE COVERINGS,
DISINFECTION, SOCIAL DISTANCING IF APPLICABLE, TESTING OF THE EMPLOYEES,
QUARANTINE REQUIREMENTS ALL AS -- AS PRESCRIBED BY THE CDC AND BASED
ON THE SCIENCE OF HOW WHATEVER AIRBORNE INFECTIOUS DISEASE WE'RE
DEALING WITH AT THE TIME - IN THIS CASE, IT'S COVID - HOW IT SPREADS,
INCUBATION PERIOD AND ALL THOSE INSTANCES. BUT, LIKE YOU MENTIONED,
FOR EXAMPLE, WHEN YOU GO TO A NAIL SALON, IT REQUIRES YOU TO BE IN CLOSE
70
NYS ASSEMBLY APRIL 19, 2021
PROXIMITY -- CLOSE PROXIMITY TO YOUR TECHNICIAN AND PERHAPS SOCIAL
DISTANCING IN THAT -- IN THAT SETTING WOULDN'T BE NECESSARY, BUT IN OTHER
SETTINGS AND OTHER INDUSTRIES IT WOULD BE.
MRS. PEOPLES-STOKES: SO HOW MANY, LIKE,
AIRBORNE DISEASES HAVE WE EXPERIENCED AS A COUNTRY?
MS. REYES: NUMEROUS.
MRS. PEOPLES-STOKES: THEY'RE REGULAR, THEY'RE
ONGOING; THIS IS NOT JUST SPECIFIC TO COVID.
MS. REYES: CORRECT, CORRECT.
MRS. PEOPLES-STOKES: SO IN 2014, EBOLA WAS A
BIG AIRBORNE INFECTIOUS DISEASE CONCERN, NOT JUST FOR AMERICA BUT FOR
THE WHOLE WORLD, AND I WANT TO SAY PROBABLY IT WAS NOT MUCH -- I'M
SORRY.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: AND PROBABLY NOT MUCH
LONGER AFTER THAT, THE FORMER PRESIDENT ESTABLISHED AN OFFICE OF
PANDEMIC EXPERIENCES UNDER THE NATIONAL SECURITY COUNCIL. AND THEN
LATER AFTER GETTING A NEW PRESIDENT, THAT WAS CHANGED. WE ARE NO
LONGER LOOKING AT THE VALUE OF HAVING A NATIONAL PANDEMIC OFFICE.
AND, YOU KNOW, I DON'T KNOW, I'M NOT A NURSE OR A SCIENTIST, BUT IF WE,
AS A SOCIETY OF -- PARTICULARLY SINCE WE WANT TO KEEP IGNORING CLIMATE
CHANGE AND THOSE ISSUES THAT ARE IMPORTANT TO THE ENVIRONMENT, ARE NOT
GOING TO BE WILLING AND ABLE TO PROTECT THE HEALTH AND THE LIVES, QUITE
71
NYS ASSEMBLY APRIL 19, 2021
HONESTLY, OF THE PEOPLE WHO RESIDE IN THE STATE, IN THIS NATION, AND IN
THIS WORLD -- I'LL SUBMIT, WE'RE NOT UPHOLDING OUR RESPONSIBILITY, IT'S
PEOPLE WHO SHOULD BE DOING THAT.
IN THE STATE OF NEW YORK DURING THE COURSE OF THIS
PANDEMIC -- IN FACT, WE PROBABLY WOULDN'T EVEN -- WE WOULDN'T BE HERE
LAST YEAR AT THIS TIME, WE'D PROBABLY STILL BE AT HOME. NO ONE WOULD BE
HAVING MANI/PEDIS, NO ONE WOULD BE GOING TO THE BOWLING ALLEY. NO
ONE WOULD BE TRYING TO GO OUT AND HAVE DINNER. WE WOULD ALL BE
HUNKERED DOWN. WELL, WE'RE IN A BETTER PLACE NOW. WE'RE NOT IN THE
BEST PLACE, BUT WE'RE IN A BETTER PLACE. I KNOW IT'S NOT THE BEST BECAUSE
ALSO THIS WEEK, MR. SPEAKER, ONE OF MY CONSTITUENTS CAME TO MY DOOR
AND PUT SOMETHING IN MY MAILBOX. IT WAS ON A SMALL PIECE OF PAPER,
AND SHE LITERALLY WROTE OUT HER HEART ON THE BACK AND THE FRONT BECAUSE
THEY'RE ASKING HER TO COME BACK TO WORK AND SHE KNOWS THAT WHERE SHE
WORKS AT IS NOT SAFE. WHEN SHE HAD TO GO BACK INTO THE WORK SPACE IN
NOVEMBER, EVERYBODY THAT SHE WORKED WITH CAUGHT COVID, AND ONE
OF THEM ACTUALLY DIED. AND SO NOW THEY'RE ASKING HER TO COME BACK
AGAIN AND SHE'S COMPLETELY NERVOUS, SHE DOESN'T KNOW WHAT TO DO. SHE
CAN'T AFFORD NOT TO HAVE HER JOB, BUT SHE'D RATHER HAVE HER LIFE.
AND SO THESE ARE REAL ISSUES THAT WE ARE STILL FACING
TODAY. AND I WILL SUBMIT THAT, YOU KNOW, I HAVEN'T FOUND ANYTHING IN
THIS LEGISLATION THAT WILL REQUIRE A BUSINESS TO SPEND AN EXORBITANT
AMOUNT OF MONEY TO PROTECT THE PEOPLE WHO ALLOWS THEM TO BE IN
BUSINESS. THAT'S THE PEOPLE WHO DO THE WORK. AND IF, IN FACT, THAT
DOES HAPPEN, MR. SPEAKER, IN OUR MOST RECENT BUDGET PROCESS, I DON'T
72
NYS ASSEMBLY APRIL 19, 2021
HAVE A FIGURE IN FRONT OF ME, BUT THERE WAS SIGNIFICANT RESOURCES THAT
WERE PROVIDED TO SUPPORT THE DIFFICULT TIME THAT BUSINESSES HAVE HAD TO
EXPERIENCE AS A RESULT OF GOING THROUGH THIS PANDEMIC. IT MAKES SENSE
TO ME, QUITE HONESTLY, IF THESE DECISIONS ON HOW AIRBORNE INFECTION
DISEASE CONTROLS ARE MONITORED IN THE WORKPLACE, I WOULD LOVE TO SEE
THAT HAPPEN AT THE NATIONAL LEVEL, BUT UNTIL IT DOES I THINK WE HAVE A
RESPONSIBILITY TO TRY TO PROTECT NEW YORKERS. AND SO I THINK IT'S
DIFFICULT AS IT IS TO ALWAYS BE COMING UP WITH WAYS ON HOW YOU CAN
PROTECT PEOPLE'S LIVES, IT'S STILL A CHALLENGE THAT WE HAVE TO TAKE.
ALMOST 2 MILLION CASES OF PEOPLE WITH COVID IN THE STATE OF NEW
YORK, 51,077 DIED; IN FACT, 43 OF THEM DIED LAST NIGHT -- OR YESTERDAY.
HOSPITAL RATES ARE STILL UP. I RESPECT EVERYBODY'S OPINION ON THIS TOPIC,
BUT I THINK FIRST AND FOREMOST WE HAVE A RESPONSIBILITY TO TRY TO PROTECT
THE LIVES OF PEOPLE. BUSINESSES DON'T OPERATE WITHOUT WORKERS,
WORKERS NEED TO KNOW THEY'RE GOING TO BE SAFE WHEN THEY GO THERE.
THE TWO THINGS WORK TOGETHER, AS OPPOSED IN OPPOSITION TO EACH OTHER.
FIFTY ONE THOUSAND AND 77 PEOPLE. THERE ONLY 32 MUNICIPALITIES IN THE
STATE THAT WILL SURVIVE IF THEY LOST THAT NUMBER OF CITIZENS, THE REST OF
THEM WOULD BE OVER.
SO MR. SPEAKER, I WANT TO COMMEND THE SPONSOR OF
THIS LEGISLATION. I UNDERSTAND THAT THERE'S ALREADY BEEN A SENATE
PASSAGE AND THAT THERE MAY BE A NEED TO AT SOME POINT IN THE FUTURE,
I'VE HEARD IT MENTIONED MORE THAN ONE TIME ON THE FLOOR TODAY, SOME
OPPORTUNITIES TO TWEAK IT TO GIVE IT MORE POWER, MORE STRUCTURE, AND
MORE CLARICY [SIC], BUT I THINK WHAT WE'RE DOING HERE TODAY IS BY AND
73
NYS ASSEMBLY APRIL 19, 2021
LARGE THE RIGHT THING TO DO IN THE INTEREST OF NEW YORKERS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. GUNTHER.
MRS. GUNTHER: I WAS GOING TO EXPLAIN MY -- MY--
MY VOTE.
ACTING SPEAKER AUBRY: WELL, OKAY. WE CAN
DO THAT. HOLD ON AND WE'LL GET TO THAT IN A MINUTE.
MRS. GUNTHER: OKAY, THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2681. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION AS WRITTEN. THOSE
WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN
PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
74
NYS ASSEMBLY APRIL 19, 2021
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE IN THE AFFIRMATIVE
ON THIS ITEM. IF THERE ARE MEMBERS WHO WOULD DESIRE TO VOTE
OTHERWISE, PLEASE FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND
I AM PLEASED TO BE ABLE TO RECORD YOUR VOTE PROPERLY.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(THE CLERK RECORDED THE VOTE.)
TO EXPLAIN HER VOTE, MRS. GUNTHER.
THANK YOU FOR WAITING, MRS. GUNTHER.
MRS. GUNTHER: HI, AM I -- AM I UNMUTED?
ACTING SPEAKER AUBRY: YOU ARE UNMUTED.
MRS. GUNTHER: OKAY, THANK YOU. SO I FELT
COMPELLED TO TALK A LITTLE BIT ABOUT THIS BILL. YOU KNOW, CERTAINLY ONE
OF THE MOST IMPORTANT PARTS OF ANY BILL OR ANY PIECE OF LEGISLATION IS THE
EDUCATION TO OUR CONSTITUENCY. YOU KNOW, WHEN WE TALK ABOUT
AIRBORNE DISEASES, WE ARE THINKING ABOUT TUBERCULOSIS, AND THEN WHEN
WE LOOK AT DROPLET SPREAD, WHICH IS SOMETHING LIKE INFLUENZA OR THE
COVID, YOU KNOW, THERE ARE DIFFERENT WAYS OF LOOKING AT, YOU KNOW,
THESE DISEASES AND HOW THE TRANSMISSION OCCURS. AND THEN THERE'S ALSO
A CONTACT SPREAD. AND, YOU KNOW, WHEN I'M -- WHEN I'M LISTENING TO
ALL OF THE SPEAKERS, I'M THINKING ABOUT THE COST TO SMALL BUSINESS AND,
YOU KNOW, THE VENTILATION AND HOW IT FILTRATES THE SMALLER AIRBORNE
RATHER THAN THE DROPLET SPREAD. SO THIS WILL COST A LOT OF MONEY.
AND MORE THAN ANYTHING, AND I KNOW THIS THROUGH
BEING -- WORKING AT A HOSPITAL AND I'M SURE MY OTHER NURSES DO, IS THE
75
NYS ASSEMBLY APRIL 19, 2021
MOST IMPORTANT THING THAT WE CAN DO IS EDUCATE OUR CONSTITUENCY, AND
THAT MEANS ALL OF US AND ALL OF THE PEOPLE THAT LIVE IN THE STATE OF NEW
YORK, ABOUT HAND WASHING, ABOUT HOW WE COVER OUR FACE, WE DON'T USE
OUR HANDS, OUR ELBOWS. SO I THINK THERE'S A PIECE THAT'S MISSING AND
THAT IS EDUCATION IF WE WANT TO STOP TRANSMISSION LIKE THIS. YOU KNOW,
WE'VE DONE IT THROUGH INFLUENZA AND WE DID IT THROUGH TUBERCULOSIS AND
WE DID IT THROUGH MRSA AND SARS AND ALL THOSE DIFFERENT DISEASES.
SO YOU KNOW, I THINK THERE WILL BE A COST INVOLVED, A
MONETARY COST, BUT I ALSO THINK THAT THE MOST IMPORTANT PART OF THIS
LEGISLATION IS THE EDUCATION OF OUR CONSTITUENCY AND ALSO MAKING SURE
THAT WE'RE LOOKING AT VENTILATION AND THE CHECKS OF VENTILATION. AND SO
I WILL SUPPORT IT BUT, AGAIN, I THINK THAT THE EDUCATION PIECE IS
MONUMENTAL IN MAKING TRANSMISSION AND DISEASE SPREAD STOP. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU. MRS.
GUNTHER IN THE AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. TO EXPLAIN MY
VOTE.
ACTING SPEAKER AUBRY: TO EXPLAIN YOUR VOTE,
SIR.
MR. GOODELL: WE HAVE JUST COMPLETED A YEAR OF
ARBITRARY RULINGS AFFECTING ALMOST EVERY ASPECT OF NEW YORK LIFE, AND
THERE'S NO DISPUTE HOW ARBITRARY THEY ARE. LAST MEMORIAL DAY YOU
COULD GO TO THE BEACH, THAT'S OKAY, BUT YOU CAN'T ATTEND A MEMORIAL
76
NYS ASSEMBLY APRIL 19, 2021
DAY SERVICE OUTDOORS IN A CEMETERY WITH MORE THAN TEN PEOPLE. WE
HAVE SEEN THE DESTRUCTION OF THOUSANDS OF BUSINESSES THROUGH ARBITRARY
DECISIONS. YOU CAN ONLY BE OPEN UNTIL 9:00 -- YOU CAN'T BE OPEN AT ALL,
THEN YOU CAN ONLY BE OPEN UNTIL 9:00; OH, BUT YOU'VE GOT TO HAVE FOOD
IF YOU'RE AT A BAR. OH, CHICKEN WINGS DON'T COUNT; OH, YEAH THEY DO.
NO THEY DON'T, YEAH THEY DO. OVER AND OVER, THESE RULINGS THAT ARE
ARBITRARY AND CAPRICIOUS AS RULED ON BY THE COURTS HAVE WRECKED HAVOC
ON THOUSANDS OF SMALL BUSINESSES. AND THIS BILL SAYS AFTER A YEAR OF
ARBITRARY DECISIONS THAT HAVE DESTROYED THOUSANDS AND THOUSANDS OF
SMALL BUSINESS, LET'S EMPOWER THE LABOR DEPARTMENT TO COME UP WITH
ALMOST UNLIMITED REQUIREMENTS THAT AFFECT EVERYTHING INCLUDING, QUOTE,
"COMPLIANCE WITH APPLICABLE ENGINEERING CONTROLS, SUCH AS PROPER AIR
FLOW, EXHAUST VENTILATION, AND OTHER SPECIAL REQUIREMENTS," AND IF YOU
DON'T, IT'S A MINIMUM $1,000 FINE. NOT THE RIGHT MESSAGE AT THIS TIME.
NOT THE RIGHT APPROACH AT THIS TIME. I WILL BE VOTING NO. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MS. GONZÁLEZ-ROJAS.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
TO EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MS. GONZÁLEZ-ROJAS: THANK YOU. I SPEAK IN
FAVOR OF THIS BILL TODAY AND I WANT TO THANK THE SPONSOR SO MUCH FOR HER
GREAT WORK ON THIS. THIS BILL IS A WONDERFUL EXAMPLE OF WHAT IT MEANS
77
NYS ASSEMBLY APRIL 19, 2021
TO GO BEYOND THOUGHTS, PRAYERS, AND CLAPPING. AND I COULD NOT THINK
OF A BETTER NAME FOR THIS BILL EITHER BECAUSE THAT IS WHAT THE FRONTLINE
WORKERS ARE WHO CONTINUE TO WAKE UP EACH DAY AND GO TO WORK DESPITE
UNSAFE CONDITIONS. THEY ARE HEROS. THESE HEROS HAVE KEPT OUR STATE
MOVING AND WE OWE THEM THIS.
WE MUST ENSURE THAT THERE ARE ACTUAL STANDARDS TO
PREVENT AIRBORNE DISEASE FROM BEING TRANSMITTED IN THE WORKPLACE. I
STRONGLY SUPPORT THE STIPULATIONS IN THIS BILL THAT WOULD ESTABLISH SAFETY
COMMITTEES COMPOSED OF EMPLOYEES AND MANAGEMENT, BECAUSE IT IS
FRONTLINE WORKERS WHO KNOW BEST WHAT THEY NEED TO STAY SAFE AS THEY
DO THE HARD WORK THAT THEY DO. WE SHOULD ALWAYS CENTER
DIRECTLY-IMPACTED PEOPLE IN THE DECISION-MAKING PROCESS.
IT IS SAID THAT WE SHOULD NEVER WASTE A CRISIS, SO IF IT
TOOK A PANDEMIC TO DEVELOP HIGHER STANDARDS FOR THE WORKPLACE SAFETY,
THEN THIS IS THE ONE SILVER LINING OF THIS CRISIS. AND I THANK EVERY UNION
AND EVERY ORGANIZATION THAT SUPPORTED THIS BILL. I STRONGLY SUPPORT THE
STRONGER RETALIATION PROVISIONS, AS WELL AS THE CIVIL PENALTIES FOR
WORKPLACE -- WORKPLACES THAT DON'T COMPLY WITH THOSE STANDARDS. AND
AS I VOTE IN FAVOR OF THIS BILL, I THINK OF AN ORGANIZATION, NEW
IMMIGRANT COMMUNITY EMPOWERMENT IN JACKSON HEIGHTS. THEY
SUPPORT DAY LABORERS WHO ARE THE EXAMPLE OF THE WORKERS THAT WILL BE
BETTER PROTECTED BY THIS LEGISLATION. EVERY SINGLE WORKER DESERVES A
SAFE AND HEALTHY ENVIRONMENT TO WORK, EVERY SINGLE ONE. THIS BILL
MOVES US CLOSER TO THAT. I PROUDLY VOTE IN THE AFFIRMATIVE. THANK YOU
VERY MUCH, MR. SPEAKER.
78
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: MS. ROJAS IN THE
AFFIRMATIVE.
MR. EPSTEIN.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. SO WE ARE LIVING IN UNUSUAL TIMES, AND WE HAVE TO
MANAGE THOSE TIMES TOGETHER, EMPLOYERS AND EMPLOYEES, THINKING
ABOUT THE ISSUES THAT IMPACT THEM. IT IS CRITICAL TO UNDERSTAND THE ROLE
OF THE EMPLOYEE AND THE ESSENTIAL WORKER IN EVERY CONVERSATION. THEY
UNDERSTAND HOW BUSINESSES FUNCTION, THEY ARE THERE ON A DAY-TO-DAY
BASIS. THEY UNDERSTAND THE CONCERNS AROUND SOCIAL DISTANCING AND
MASK WEARING, AND MAKING SURE THEIR HANDS ARE CLEAN. AND ALL WE'RE
TRYING TO DO TOGETHER IS TO ENSURE THEY HAVE THE TOOLS NECESSARY THAT
THEY CAN KEEP THEIR WORKPLACE SAFE FOR THEM AND ENSURE THEY KEEP THE
WORKPLACE SAFE FOR THEIR FAMILIES WHEN THEY GO HOME.
THIS BILL ADVANCES THOSE CAUSES. IN THE BUDGET THAT
WE PASSED A LITTLE LESS THAN TWO WEEKS AGO, WE PUT $800 MILLION ASIDE
FOR SMALL BUSINESSES. THIS MONEY IS BEING MADE AVAILABLE TO ENSURE
THAT BUSINESSES WHO ARE STRUGGLING DURING THE PANDEMIC HAD RESOURCES
AVAILABLE TO HELP THEM. SO IF A BUSINESS NEEDS HELP WITH INFRASTRUCTURE
OR PPE OR AN HVAC UPGRADE, THE STATE LEGISLATURE IN THE BUDGET
PROVIDED ADDITIONAL RESOURCES. ALL WE'RE SAYING NOW IS WE DON'T WANT
MORE PEOPLE TO DIE, WE DON'T WANT MORE PEOPLE INFECTED, WE WANT A
SAFE WORK ENVIRONMENT FOR EVERYONE. THIS BILL GOES A LONG WAY TO DO
THAT. I APPLAUD THE SPONSOR AND I ENCOURAGE MY COLLEAGUES TO VOTE IN
FAVOR OF IT. I'LL BE VOTING IN THE AFFIRMATIVE.
79
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO EXPLAIN MY VOTE. HOW MANY LIVES OF NEW YORKERS COULD HAVE
BEEN SAVED HAD THIS LEGISLATION BEEN IN PLACE BEFORE THE PANDEMIC?
THAT WE THINK ABOUT THIS AS AN ATTACK ON SMALL BUSINESS IS, TO ME,
SHOCKING. I THINK EVERY SMALL BUSINESS OWNER WANTS TO BE CERTAIN THAT
THEIR WORKERS ARE HEALTHY AND WELL, AND ARE NOT IN AN EMERGENCY PUT AT
RISK, BECAUSE THEY'RE PUT AT RISK, TOO, IN THEIR WORKPLACE. ENSURING THAT
THE FOLKS WHO ARE ON THE FRONTLINE HAVE THE ABILITY TO WEIGH IN IS VERY
IMPORTANT. THEY UNDERSTAND THE PROCESSES THAT ARE ENACTED SOMETIMES
BETTER THAN MANAGEMENT. THEY OFTEN MAKE RECOMMENDATIONS THAT
IMPROVE THE WAY IN WHICH WORK IS ACCOMPLISHED. AND ENSURING THAT
PEOPLE ARE SAFE IS NOT OVERLY COSTLY. WHAT HAS BEEN THE COST OF THE
HEALTH CARE CRISIS THAT WE HAVE FACED THROUGH THIS PANDEMIC. WE ARE
TOLD BY SCIENTISTS THAT WITH THE CHANGE IN CLIMATE, WE ARE LIKELY TO SEE
ADDITIONAL TYPES OF AIRBORNE DISEASES, AND IT IS IMPORTANT FOR US TO TAKE
STEPS TO ENSURE THAT GOING FORWARD, WE DO NOT HAVE A CIRCUMSTANCE THAT
WE HAVE LIVED THROUGH THIS PAST YEAR.
I APPLAUD THE SPONSOR. I THINK THAT WE NEEDED TO LEARN
A TERRIBLE LESSON. TENS OF THOUSANDS OF OUR NEW YORKERS DIED DURING
THIS AND MANY HAVE BEEN SERIOUSLY INJURED. I WITHDRAW MY -- MY
REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
80
NYS ASSEMBLY APRIL 19, 2021
AFFIRMATIVE.
MR. ANDERSON.
MR. ANDERSON: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MR. ANDERSON: THANK YOU. I WANT TO CERTAINLY
START OFF TODAY BY THANKING THE SPONSOR OF THIS BILL FOR HAVING THE
COURAGE AND STRENGTH TO UNDERSTAND THE IMPORTANCE OF PRIORITIZING OUR
SHEROES AND HEROS WHO ARE ON THE FRONT LINES ACROSS OUR COMMUNITIES
ACROSS THE STATE. WHEN FOLKS -- WHEN THERE WAS A FIRE, WHEN THERE WAS
THE HEIGHT OF THE PANDEMIC, THESE ARE THE FOLKS THAT WENT INTO THAT FIRE,
WENT INTO THE HEIGHT OF THE PANDEMIC, SHOWED UP TO WORK AND -- AND
DID NOT HAVE THE PROTECTIONS IN PLACE TO ENSURE THAT THEY WERE SAFE AND
THEIR FAMILIES WERE SAFE. AND WHAT THIS BILL DOES IS IT STANDARDIZES
PROTECTIONS FOR WORKING CLASS FOLKS, FOR PEOPLE, FOR BUSINESS OWNERS
WHO MUST PROVIDE PPE AND OTHER SAFETY MEASURES, IT PROVIDES STRICT
GUIDELINES TO PROTECT ESSENTIAL AND FRONTLINE WORKERS.
AND WE WANT TO THANK, OF COURSE, THE SPONSOR, WE
WANT TO THANK THE UNIONS, LIKE RWDSU, WHO ARE OUT MAKING SURE THAT
WORKING CLASS FOLKS, PEOPLE WHO ARE ESSENTIAL, PEOPLE WHO ARE ON THE
FRONT LINES MEAN MUCH MORE TO US THAN ACKNOWLEDGING THEM EVERY
NIGHT AT 7 PM, THAT WE PROVIDE THE PROTECTIONS THAT THEY NEED TO
SURVIVE, AND THE PROTECTIONS THAT THEY NEED TO KEEP THEIR FAMILIES AND
THEMSELVES PROTECTED FROM THIS VIRUS. SO I WITHDRAW MY REQUEST, MR.
SPEAKER, AND PROUDLY VOTE IN THE AFFIRMATIVE.
81
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: MR. ANDERSON IN THE
AFFIRMATIVE.
MS. WOERNER.
MS. WOERNER: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. LAST SUMMER WHEN GOVERNOR CUOMO
STARTED TO SIGNAL THAT BUSINESSES COULD OPEN AROUND THE STATE, I CAN'T
TELL YOU HOW MANY SMALL BUSINESS OWNERS SAID TO ME, CAN YOU HELP ME
FIGURE OUT HOW I DEVELOP MY REOPENING PLAN THAT I HAVE TO FILE WITH THE
STATE, THAT TALKED TO -- THAT SPOKE TO THE HEALTH CARE CONCERNS THAT MANY
OF US HAVE TALKED ABOUT TODAY, HOW CAN YOU REOPEN SAFELY FOR YOURSELF,
FOR YOUR EMPLOYEES AND FOR YOUR CUSTOMERS. JUST ABOUT EVERY SMALL
BUSINESS HAS HAD TO PUT IN PLACE THESE REOPENING PLANS IN ORDER TO
COMPLY WITH THE REQUIREMENTS OF WHATEVER THE EXECUTIVE ORDER WAS.
AND IF THAT -- AND IF WHAT THIS BILL DID WAS JUST CODIFY
THAT PROCESS, I COULD SUPPORT THIS BILL, BUT IT GOES SO MUCH FURTHER THAN
THAT. WHEN IT ADDS INTO THE PROCESS THE NEED TO COMPLY WITH THE
APPLICABLE ENGINEERING CONTROLS SUCH AS PROPER AIR FLOW, EXHAUST
VENTILATION AND OTHER SPECIAL DESIGN REQUIREMENTS, WELL NOW YOU'RE
TALKING ABOUT A SIGNIFICANT UPGRADE TO THE INFRASTRUCTURE THAT A BUSINESS
HAS. AND SO MANY OF OUR SMALL BUSINESSES RENT, THEY DON'T OWN, AND SO
THEY'RE REALLY DEPENDENT ON LANDLORDS BEING WILLING TO MAKE THAT
INVESTMENT. AND WHERE I LIVE, MOST BUSINESSES ARE LOCATED IN OLD
1800'S BUILDINGS. THE ABILITY TO PUT MODERN VENTILATION IN THERE IS NO
BETTER THAN IT IS IN THIS BUILDING.
FOR THESE REASONS, I WISH THIS BILL WAS MORE NARROW. I
82
NYS ASSEMBLY APRIL 19, 2021
WISH IT JUST CODIFIED THAT PROCESS OF BUILDING THOSE REOPENING PLANS
INTO A REGULAR PROCESS AND THEN I COULD SUPPORT IT, BUT AS THE BILL IS
WRITTEN, I'M AFRAID I CAN'T SUPPORT IT. AND WITH THAT, I WITHDRAW MY
ABSTENTION AND VOTE IN THE NEGATIVE.
ACTING SPEAKER AUBRY: MS. WOERNER IN THE
NEGATIVE.
MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE. THIS -- THIS BILL, MY COLLEAGUES, IS BAD FOR BUSINESS
OBVIOUSLY FOR A LOT OF POINTS THAT SOME OF THE COLLEAGUES MADE TODAY.
BUT I WANT TO TALK ABOUT THE RHETORIC FEAR THAT I HEAR IN THIS CHAMBER
AND THROUGHOUT OUR MEDIA AND OUR LEADERSHIP, AND IT'S CONCERNING.
ACTUALLY, THE NEW YORK TIMES WROTE AN ARTICLE THIS MORNING THAT I
ENCOURAGE YOU TO READ. AT THE END OF THE ARTICLE, THEY'RE TALKING ABOUT
A BROWN PROFESSOR THAT THEY HAD INTERVIEWED, AND THIS GENTLEMAN WHO
IS VACCINATED WAS AFRAID TO TAKE HIS MASK OFF AND HAVE A BEER WITH A
VACCINATED FRIEND, AND THEY'VE BOTH BEEN VACCINATED FOR -- FOR A LONG
PERIOD OF TIME. SO I JUST WANT TO TALK ABOUT THE ANXIETY AND FEAR -- AND
THIS IS A SCIENTIST, THIS IS A PROFESSOR AT BROWN UNIVERSITY THAT RIGHT
NOW, THE RHETORIC OF FEAR IS SO STRONG IN THIS NATION THAT HE CAN'T EVEN
PERSONALLY FOLLOW THE SCIENCE. AND I HEAR SOME OF THAT TODAY.
SO THEY ALSO THROW OUT SOME STATISTICS: AUTOMOBILE
ACCIDENTS KILL ABOUT 40,000 PEOPLE, WITH ALL OF THE SAFETY CONSTRAINTS
AND BUMPER RAILS THAT WE HAVE AROUND OUR VEHICLES, STILL IN THE UNITED
STATES KILL 40,000 PEOPLE A YEAR. BUT WE'RE NOT TERRIFIED TO DRIVE OUR
83
NYS ASSEMBLY APRIL 19, 2021
VEHICLES EVERY DAY, RIGHT? WE NEED TO REMOVE OURSELVES FROM THAT --
WE'RE -- WE'RE GETTING ON THE BACK END OF THIS THING AND LEADERS IN THIS
CHAMBER NEED TO BE REALLY PREPARED TO REENTER SOCIETY. I'M WORRIED
ABOUT A LOT OF THE INDIVIDUALS THAT I'M HEARING FROM TODAY.
THIS IS CALLED THE AIRBORNE INFECTIOUS DISEASE, PREVENTS
OCCUPATIONAL EXPOSURE TO AN AIRBORNE INFECTIOUS DISEASE. THE MOST
INFECTIOUS DISEASE THAT I SAW THROUGHOUT THE LAST YEAR WAS THE DISEASE
OF FEAR ACROSS THE UNITED STATES, ACROSS THE WORLD. I'M WORRIED -- RIGHT
NOW, I'M FOLLOWING THE SCIENCE, I'M VERY CONFIDENT THAT WE'RE GOING TO
GET OUT OF THE PANDEMIC. I'M REALLY WORRIED ABOUT THE RHETORIC OF FEAR
THAT CONTINUES TODAY AND ALMOST LIKE IT DOESN'T WANT TO SEE THE LIGHT AT
THE END OF THE TUNNEL, BECAUSE WE KNOW FROM STATISTICS, FEAR LEADS TO
INCREASE IN SUICIDE, MR. SPEAKER, INCREASE --
ACTING SPEAKER AUBRY: SIR, HOW DO YOU
VOTE?
MR. WALCZYK: -- IN ANXIETY AND MENTAL HEALTH.
I VOTE NO.
ACTING SPEAKER AUBRY: THANK YOU.
MS. ROSENTHAL.
MS. ROSENTHAL: TO EXPLAIN MY VOTE. MORE THAN
A YEAR INTO THE COVID-19 PANDEMIC AND IT'S HARD TO BELIEVE THAT
LEGISLATION LIKE THE NEW YORK HEROES ACT ISN'T EVEN NEEDED TO PROTECT
WORKERS, BUT IT IS. EVEN NOW WHEN IT IS BEYOND CLEAR WHAT NEEDS TO BE
DONE TO STOP THE SPREAD OF COVID AND PROTECT OURSELVES AND OTHERS
AGAINST THIS DEADLY DISEASE AND RETURN TO SOME SEMBLANCE OF NORMALCY,
84
NYS ASSEMBLY APRIL 19, 2021
THERE ARE STILL WORKERS WHO HAVE NOT BEEN PROVIDED ACCESS TO BASIC
PPE ON THE JOB, ASSESS TO BASIC SANITATION AND CONFIDENCE THAT THE AIR
THEY BREATHE IS SAFE FOR THEM, IT'S UNACCEPTABLE. AND I WANT TO THANK
SPONSOR ASSEMBLYMEMBER REYES FOR INTRODUCING THIS IMPORTANT PIECE
OF WORKER LEGISLATION.
IN FACT, THIS LEGISLATION IS LONG OVERDUE. IN THE
AFTERMATH OF SEPTEMBER 11TH, ALMOST 20 YEARS AGO, IT IS CLEAR THAT
EMPLOYEES NEEDED ADDITIONAL PROTECTIONS TO ENSURE THAT THEIR HEALTH
AND SAFETY WAS PRIORITIZED BY THEIR EMPLOYERS, AND THAT THEIR EMPLOYERS
DID NOT RETALIATE AGAINST THEM IF THEY DEMANDED SAFE WORKPLACES. THE
SAME IS TRUE TODAY. TODAY, THE VERY WORKERS WHO NEED THE PROTECTION
OF THE NEW YORK HEROES ACT HAVE BEEN ON THE FRONT LINES OF THE
PANDEMIC, WORKING AT GREAT RISK TO THEMSELVES AND THEIR FAMILIES TO
PROVIDE THE REST OF US WITH ACCESS TO ESSENTIAL GOODS AND SERVICES.
THESE WORKERS WERE DEEMED ESSENTIAL AND WE CELEBRATED THEIR
CONTRIBUTIONS BY BANGING POTS AND PANS FOR MONTHS; AT THE SAME TIME,
THEY WERE LOSING THEIR JOBS BECAUSE THEY ASKED FOR FACE COVERINGS OR
FOR THEIR EMPLOYERS TO FOLLOW COVID GUIDELINES. IF WE REALLY WANT TO
HONOR AND CELEBRATE THE CONTRIBUTIONS OF THE HARD-WORKING FRONTLINE
WORKERS, WE MUST PASS THE NEW YORK HEROES ACT TO ENSURE THEY HAVE
ACCESS TO COMPREHENSIVE WORKPLACE PROTECTIONS, AND I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE
AFFIRMATIVE.
MR. MANKTELOW.
85
NYS ASSEMBLY APRIL 19, 2021
MR. MANKTELOW: THANK YOU, MR. SPEAKER, I JUST
WANT TO EXPLAIN MY VOTE. I KNOW I ONLY HAVE TWO MINUTES, BUT I JUST
WANTED TO SAY THIS. GOVERNMENT CAN'T FIX EVERYTHING, AND I'LL GIVE YOU
THE PRIME EXAMPLE OF WHAT GOVERNMENT DIDN'T FIX. EARLY IN THIS
PANDEMIC, OUR PRIVATELY-RUN NURSING HOMES, SENIOR LIVING CENTERS,
SENIOR HOUSING, KNEW WHAT WAS RIGHT AND WRONG, KNEW THAT BRINGING A
COVID PATIENT INTO THAT FACILITY WOULD BE DETRIMENTAL TO NOT ONLY TO
THE RESIDENTS, BUT TO THE STAFF MEMBERS THAT TOOK CARE OF THOSE
RESIDENTS. BUT BECAUSE GOVERNMENT ISSUED THE ORDER, I'M SORRY -- THE
DIRECTIVE TO MAKE NURSING HOMES TAKE COVID PATIENTS BACK INTO THEM,
WE ARE NOW DOWN 15,000 INDIVIDUALS. SO WHEN WE VOTE ON SOMETHING
LIKE THIS, THINK ABOUT THOSE 15,000 -- 15,000 INDIVIDUALS WHO'VE PASSED
AWAY. COULD WE HAVE STOPPED IT ALL? PROBABLY NOT, BUT WE COULD'VE
STOPPED A LOT OF IT. THINKING OF THOSE FAMILIES, THINKING ABOUT WHAT
THEY'RE GOING THROUGH TODAY, NOT HAVING THAT LAST MINUTE TO BE WITH
THEIR LOVED ONES.
SO WE'RE THINKING AGAIN GOVERNMENT CAN DO
EVERYTHING TO HELP EVERYONE, TO HELP PRIVATE BUSINESS? NOT IN ALL
CASES. I AM SO PROUD OF THE PEOPLE AND THE BUSINESSES THAT I REPRESENT
IN MY DISTRICT BACK HOME BECAUSE I KNOW THAT OUR BUSINESSES DO A
GREAT JOB AT PROTECTING THEIR EMPLOYEES. THEY KNOW HOW IMPORTANT
THEIR EMPLOYEES ARE. WE NEED TO MAKE SURE WE KEEP OUR BUSINESSES
HERE BECAUSE IF WE DON'T HAVE BUSINESSES, WE DON'T NEED EMPLOYEES.
SO LET'S LOOK AT THIS AGAIN AND REALLY THINK ABOUT WHAT WE'RE VOTING ON.
I WILL BE VOTING NO AND I'M GOING TO ASK MY COLLEAGUES TO VOTE NO, AS
86
NYS ASSEMBLY APRIL 19, 2021
WELL. THANK YOU.
ACTING SPEAKER AUBRY: MR. MANKTELOW IN
THE NEGATIVE.
MS. SIMON.
MS. SIMON: THANK YOU, MR. SPEAKER. TO EXPLAIN
MY VOTE. I WANT TO COMMEND THE SPONSOR OF THIS LEGISLATION FOR
LEGISLATION THAT IS MEASURED AND THOROUGH. I HEAR COMPLAINTS FROM
COLLEAGUES THAT PRIOR DECLARATIONS BY THE -- BY THE GOVERNOR, FOR
EXAMPLE, HAVE OVERREACHED OR WERE BASED IN ARBITRARINESS, AND THIS
LEGISLATION ACTUALLY PREVENTS THAT BECAUSE IT RECOGNIZES THAT EVERY
INDUSTRY IS A LITTLE BIT DIFFERENT. IT PROTECTS THOSE ESSENTIAL WORKERS WHO
WORK IN A VARIETY OF INDUSTRIES, AND THE ANSWER IS NOT THE SAME, IT IS NOT
A ONE-SIZE-FITS-ALL. AND THIS LEGISLATION ACKNOWLEDGES AND REENFORCES
THAT. IT ALSO PROVIDES IMPORTANT WHISTLEBLOWER PROTECTIONS. IN THE
STATE, OUR WHISTLEBLOWER PROTECTIONS ARE ACTUALLY REMARKABLY WEAK,
AND THIS BILL ADDRESSES THOSE, AS WELL. SO I'M HONORED AND VERY
SUPPORTIVE OF THIS LEGISLATION, AND I WILL BE VERY HAPPILY VOTING IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
MS. FAHY.
MS. FAHY: THANK YOU, MR. SPEAKER. AND I WANT TO
COMMEND THE SPONSOR FOR THIS BILL. I THINK THE INTENT IS ABSOLUTELY A
GREAT ONE. WE'VE BEEN THROUGH AN ABSOLUTELY HORRIFIC YEAR HERE, AND
SHE IS ONE OF THOSE HEALTH CARE WORKERS THAT WE'VE TALKED SO MUCH
87
NYS ASSEMBLY APRIL 19, 2021
ABOUT. I'VE -- JUST THE LAST WEEK WHEN WE WEREN'T IN SESSION, MANY OF
US WEREN'T OFF, AND I HAD THE OPPORTUNITY TO VISIT A WHOLE HOST OF
DIFFERENT SMALL BUSINESSES WHETHER IT WAS A THEATER, A COUPLE OF
DIFFERENT RESTAURANTS, A HAIR SALON, AND SOME FOOD ESTABLISHMENTS AND
EVEN HEARD ABOUT SOME OF OUR LOCAL ARENAS THAT ARE TRYING TO OPEN UP.
ALL OF THEM ARE TRULY, TRULY STRUGGLING RIGHT NOW AND REALLY FLOUNDERING.
A FEW OF THEM -- WELL, MOST HERE IN UPSTATE ARE HANGING BY A THREAD.
SO WHILE I SUPPORT THE ABSOLUTE INTENT OF THIS BILL, I'M NOT GOING TO
SUPPORT THE VERSION THE WAY IT IS TODAY BECAUSE I DO THINK WE NEED A
SERIOUS EXEMPTION FOR SMALL BUSINESSES. IT'S SOMETHING THAT WOULD
ALLOW THEM, ESPECIALLY SINCE MOST OF THE SMALL BUSINESSES IN MY AREA
RENT, LEASE, OR RENT THE SPACE THAT THEY ARE OCCUPIED IN AND SO THE IDEA
THAT THEY WOULD SOMEHOW HAVE TO ALSO BE POSSIBLY COMPLICIT ON THE AIR
AND THE VENTILATION PROBLEMS, I JUST WORRY THAT IT WOULD OPEN THEM UP
FOR -- FOR MORE LITIGATION AND WE'VE ALREADY JUST SEEN TOO MANY EMPTY
STOREFRONTS.
SO AGAIN, I'D LIKE TO SEE SOME SLIGHT AMENDMENTS HERE
BECAUSE I THINK THE INTENT IS ABSOLUTELY A SOLID ONE. AND AGAIN, I
COMMEND THE SPONSOR AND HOPE THAT WE CAN CONTINUE TO -- TO WORK ON
THIS OR MAYBE WE WILL SEE CHAPTER AMENDMENTS IF IT MOVES FORWARD.
THANK YOU, MR. -- MR. SPEAKER. AND WITH THAT I VOTE NO.
ACTING SPEAKER AUBRY: MS. FAHY IN THE
NEGATIVE.
MS. SEAWRIGHT.
MS. SEAWRIGHT: THANK YOU, MR. SPEAKER. TO
88
NYS ASSEMBLY APRIL 19, 2021
EXPLAIN MY VOTE. I WANT TO THANK THE BILL SPONSOR OF THIS IMPORTANT
PIECE OF LEGISLATION. I'M PROUD TO SUPPORT IT IN SUPPORT OF OUR LABOR
HEROES WHO ARE ON THE FRONT LINES SERVING THE PUBLIC AND PROVIDING
ESSENTIAL SERVICES WITH THE PRESENCE OF AN INCREASING THREAT TO PUBLIC
HEALTH AND SAFETY. WE MUST ESTABLISH STRONG WORKPLACE PROTECTIONS
AND SHIELD THE HARDWORKING PEOPLE FROM RETALIATION. OUR HEALTH AND
ECONOMIC RECOVERY CENTERS AROUND THE PROSPERITY OF THESE WORKERS AND
THEIR FAMILIES WHO ARE THE HEART AND SOUL OF OUR COMMUNITIES IN OUR
GREAT STATE OF NEW YORK. I'M HAPPY TO CAST MY VOTE IN THE AFFIRMATIVE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. SEAWRIGHT IN THE
AFFIRMATIVE.
MS. REYES TO CLOSE.
MS. REYES: THANK YOU, MR. SPEAKER. IT HAS
DEFINITELY BEEN A SPIRITED DEBATE. YOU KNOW, I'VE HEARD A LOT OF MY
COLLEAGUES TALK ABOUT THAT THIS IS NOT THE TIME FOR US TO BE DOING
SOMETHING LIKE THIS THAT WOULD HARM BUSINESSES, BUT I ARGUE THAT THERE
IS NO BETTER TIME TO PROTECT THE LIVES OF OUR WORKERS, OF OUR
COMMUNITIES, AND OF OUR INDUSTRIES. THEY WOULD NOT SURVIVE WITHOUT
EMPLOYEES. AND, YOU KNOW, I HEARD SOMEBODY SAY THAT THIS IS A
RHETORIC OF FEAR, AND I ASSURE YOU THIS IS NO RHETORIC OF FEAR. FEAR IS THE
LOOK ON THE PATIENT -- ON MY PATIENT'S EYES RIGHT BEFORE WE INTUBATE
THEM. THAT'S FEAR, FEAR OF DYING OF COVID. THAT'S FEAR. AND COVID
IS REAL AND PEOPLE ARE DYING ABSOLUTELY EVERY SINGLE DAY UNLESS WE DO
SOMETHING TO PROTECT OUR COMMUNITIES, NOT JUST OUR WORKERS AND OUR
89
NYS ASSEMBLY APRIL 19, 2021
INDUSTRIES.
AND WE WANT TO PROTECT THOSE GOOD EMPLOYERS,
BECAUSE THERE ARE -- THERE ARE EMPLOYERS OUT THERE THAT ARE DOING RIGHT
BY THEIR WORKERS BECAUSE THEY CARE ABOUT THEIR LIVES, THEY CARE ABOUT
THEIR WORKERS' LIVES, THEY CARE ABOUT THE COMMUNITIES THAT THEY'RE IN.
BUT THOSE PEOPLE IN THOSE -- AND THOSE EMPLOYERS IN THOSE COMMUNITIES
WHO ARE NOT DOING RIGHT BY THEIR WORKERS ARE PUTTING EVERYBODY'S LIVES
AT RISK AND ARE PUTTING OUR ECONOMY AT RISK, AND WE WANT TO MAKE SURE
WE GO AFTER BAD ACTORS. AND I WANT TO CLARIFY AGAIN THAT THIS LEGISLATION
DOES NOT REQUIRE THEM TO MAKE ANY CHANGES TO INFRASTRUCTURE THAT --
THAT THEY DON'T HAVE THE MONEY TO DO SO. THERE ARE MANY WAYS TO
CONTROL AIR FLOW IN SPACES, AND SOMETIMES LIKE I SAID, THAT JUST MEANS
OPENING A WINDOW.
SO THERE HAS BEEN SOME MISINFORMATION AND I URGE MY
COLLEAGUES TO READ THE LEGISLATION AGAIN, BUT I WANT TO THANK ALL THE
ADVOCATES AND THE UNIONS OF WORKERS WHO WROTE THIS LEGISLATION WITH
ME, WHO HAVE BEEN SUPPORTING SO MANY PEOPLE ON THE FRONT LINES. I
WANT TO THANK THEM FOR THEIR ADVOCACY AND -- AND THEIR SUPPORT IN THIS
AND I WILL BE HAPPILY VOTING IN THE AFFIRMATIVE. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MS. REYES IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD RECORD OUR COLLEAGUES MRS. GALEF, MS. BUTTENSCHON, MR.
90
NYS ASSEMBLY APRIL 19, 2021
SANTABARBARA, MR. STERN, MR. STIRPE, MR. MCDONALD, MS. GRIFFIN, MS.
FAHY, MR. ZEBROWSKI, MR. JONES, AND MS. WOERNER IN THE NEGATIVE.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE RESOLUTIONS,
NO HOUSEKEEPING.
RESOLUTION NO. 150 BY MS. JACKSON, THE CLERK WILL
READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 150, MS.
JACKSON.
LEGISLATIVE RESOLUTION COMMEMORATING THE FIRST
ANNIVERSARY OF CLUB QUARANTINE ON MARCH 19, 2021.
ACTING SPEAKER AUBRY: MS. JACKSON ON THE
RESOLUTION.
MS. JACKSON: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS RESOLUTION. I WANT TO TAKE US BACK TO
MARCH OF 2020. I KNOW MOST OF US WANT TO FORGET THAT TIME, BUT IT'S
NECESSARY TO THINK ABOUT THIS. WE WERE DEALING WITH SOMETHING OUR
STATE HAS NEVER EXPERIENCED BEFORE. NEW YORKERS WERE ASKED TO STAY
HOME AND WE WERE ON PAUSE. OUR FOOD LINES WERE GROWING AND OUR
JOBS WERE SHRINKING. OUR FAMILIES AND FRIENDS WERE GETTING SICK AND
91
NYS ASSEMBLY APRIL 19, 2021
PEOPLE WERE DYING. IT WAS A DARK TIME FOR NEW YORK AND THE NATION
AND THE WORLD, AND WE HAD NO SENSE OF WHEN IT WOULD BE OVER.
SO WE ADJUSTED. WE -- OUR STUDENTS WENT TO SCHOOL
REMOTELY. JOBS STARTED TO MEET VIRTUALLY. WE WERE DOING THINGS THAT
WE WERE TOLD PREVIOUSLY WE COULDN'T DO, LIKE WORK FROM HOME OR SEE
OUR DOCTORS VIA TELEHEALTH. I MYSELF WAS DOING TELETHERAPY LIKE MOST
OTHER SOCIAL WORKERS. WE WATCHED A LOT OF NETFLIX AND THE NEWS. WE
WERE REINVENTING OURSELVES. NO ONE DID WHAT DERRICK JONES DID.
DERRICK JONES IS BETTER KNOWN AS DJ D-NICE, TOOK TO WHAT HAS BEEN HIS
GIFT TO DO, WHICH WAS PLAY MUSIC. NOW OF COURSE HE USED TO PLAY IN
CLUBS AND STADIUMS AND EVEN FOR OUR FORMER PRESIDENT BARACK OBAMA,
BUT SINCE WE WERE ALL HOME, HE TOOK TO INSTAGRAM AND PLAYED HITS THAT
WE ALL COULD ENJOY. MILLIONS, MILLIONS OF PEOPLE FROM ACROSS THE WORLD
TUNED IN TO HEAR HIM PLAY. SOME OF THE MOST NOTABLE VIEWERS WERE
JENNIFER LOPEZ AND OPRAH WINFREY, OUR FORMER FIRST LADY MICHELLE
OBAMA, AND EVEN OUR PRESIDENT JOE BIDEN ALL TUNED IN TO HEAR HIM
PLAY. WE ALL DANCED AND WE SANG AND WE FOCUSED ON THE GOOD TIMES.
WE WERE BONDED OVER FEEL-GOOD MUSIC. D-NICE IS STILL SPINNING AND
SHOWCASING HIS FASHION SENSE WITH HIS HAT CHANGES ON A REGULAR BASIS,
LIKE WE STILL GET TO TUNE INTO QUARANTINE, WHICH STARTED LAST YEAR. HE
MADE US ALL SHIFT OUR FOCUS FROM THE DEATH AND DEVASTATION, THE POLICE
BRUTALITY, THE LOSS OF LIFE OF AHMAUD ARBERY AND BREONNA TAYLOR AND
GEORGE FLOYD. WE WEREN'T FOCUSED ON THE LONG FOOD LINES AND THE NO
INCOME OR MISSING JUST HANGING OUT WITH OUR FRIENDS AND LOVED ONES.
WE FELT CONNECTED, LIKE A GLOBAL COMMUNITY.
92
NYS ASSEMBLY APRIL 19, 2021
SO IT IS MY PLEASURE TO ACKNOWLEDGE HARLEM-BORN
BRONX MADE DJ D-NICE AND MARCH 19TH AS CLUB QUARANTINE DAY IN
THE STATE OF NEW YORK. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
JACKSON.
MR. ANDERSON ON THE RESOLUTION.
MR. ANDERSON: THANK YOU, MR. SPEAKER.
ON THE RESOLUTION.
ACTING SPEAKER AUBRY: YES, SIR.
MR. ANDERSON: YEAH, I WANTED TO BRIEFLY, OF
COURSE, THANK THE SPONSOR OF THE RESOLUTION, BUT ALSO ACKNOWLEDGE DJ
D-NICE FOR PROVIDING SOLACE, PROVIDING A SPACE FOR PEOPLE, FOR
INDIVIDUALS WHO DIDN'T KNOW WHAT WAS GOING TO HAPPEN THE NEXT DAY,
PEOPLE WHO WERE SCARED OR IN FEAR. HIS MUSIC, HIS DEEJAY-ING SKILLS,
AND THE SPACE THAT HE PROVIDED ON SOCIAL MEDIA VIA INSTAGRAM REALLY,
REALLY PROVIDED A SPACE FOR PEOPLE TO LISTEN TO MUSIC AND TO JUST RELAX.
DURING THE HEIGHT OF THE PANDEMIC, THERE WAS SO MUCH UNCERTAINTY, SO
MUCH FEAR, BUT HIS MUSICAL EXPERTISE PROVIDED AN EXIT, PROVIDED AN
ISOLATION, IF YOU WILL, FROM THE HEIGHT -- FROM WHAT WAS GOING ON
AROUND US IN THE WORLD. AND FOR THAT, WE THANK HIM AND WE
ACKNOWLEDGE THE ONE YEAR ANNIVERSARY. ALSO AS AN OPPORTUNITY FOR US
TO NOT FORGET WHAT THAT MOMENT FELT LIKE FOR US, WHAT THAT MOMENT WAS
FOR PEOPLE ACROSS THIS STATE AND ACROSS THE NATION WHO WERE IN FEAR AND
TOLD TO STAY HOME. AT LEAST THEY HAD SOME ENTERTAINMENT AND
SOMETHING TO LOOK TOWARDS. SO I PROUDLY VOTE IN THE AFFIRMATIVE.
93
NYS ASSEMBLY APRIL 19, 2021
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
RESOLUTION NO. 158, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 158, MS.
BUTTENSCHON.
LEGISLATIVE RESOLUTION CONGRATULATING MARY JANE
DOWIAK WAJDA UPON THE OCCASION OF CELEBRATING HER 100TH BIRTHDAY.
ACTING SPEAKER AUBRY: MS. BUTTENSCHON ON
THE RESOLUTION.
MS. BUTTENSCHON: THANK YOU VERY MUCH, MR.
SPEAKER, ON THE RESOLUTION. MRS. WAJDA IS HONORED ON HER 100TH
BIRTHDAY. SHE WAS BORN IN YONKERS, NEW YORK ON MAY 6TH IN 1921
AND THEN LATER MOVED TO UPSTATE NEW YORK TO THEIR FAMILY FARM IN
NEWARK -- NEWPORT, NEW YORK, EXCUSE ME. THEN LATER MOVED TO THE
VILLAGE OF NEW YORK MILLS WITH HER HUSBAND, TED. SHE WORKED IN THE
UTICA KNITTING MILLS WHERE MANY ITEMS WERE CREATED FOR OUR SOLDIERS
DURING WORLD WAR II. SHE ALSO BECAME AN IDEAL SEAMSTRESS WHERE SHE
CONTINUED HER WORK FOR FAMILY MEMBERS AND LOCAL COMMUNITY
MEMBERS. SHE WAS A SELF-TAUGHT MUSICIAN. SHE MASTERED THE VIOLIN,
ACCORDION, AND ORGAN. AND UPON REQUEST, SHE WOULD HAVE MANY
CONCERTS IN HER LIVING ROOM, AS WELL AS IN HER FRONT YARD.
TOGETHER WITH HER HUSBAND, THEY CONSTRUCTED MANY
BUILDINGS, IN FACT 50 HOMES, FROM A SHORT DISTANCE WHERE I GREW UP IN
WHITESBORO, NEW YORK. MARY IS BILINGUAL FROM HER POLISH DESCENT AS
94
NYS ASSEMBLY APRIL 19, 2021
HER COMMANDED LANGUAGE, AS WELL AS ENGLISH, AS WELL AS BOSNIAN AND
UKRAINE AND CLEARLY FRENCH, WHICH IS SOMETHING THAT SHE CONTINUES TO
PRACTICE TO THIS DAY. AS WE OPEN SESSION AND HEAR OF MANY INDIVIDUALS
AND STRONG QUOTES FOR OUR COMMUNITY MEMBERS, I DO WANT TO SAY THAT
THIS IS ANOTHER INDIVIDUAL THAT HAS CREATED A FOUNDATION THAT WILL LAST
THROUGHOUT MY DISTRICT, AS WELL AS THE STATE OF NEW YORK. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
MRS. PEOPLES-STOKES, WE HAVE NUMEROUS OTHER FINE
RESOLUTIONS. WE WILL TAKE THEM UP WITH ONE VOTE. ON THESE
RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 135-138,
156, 157, AND 159-161 WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I NOW MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 11
A.M., TUESDAY APRIL THE 20TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 6:36 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, APRIL 20TH AT 11:00 A.M., TUESDAY BEING A
SESSION DAY.)
95