Regular Session - April 2, 2020

                                                                   1425

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    April 2, 2020

11                      9:57 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1426

 1                P R O C E E D I N G S

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

 9   absence of clergy, let us bow our heads in a 

10   moment of silent reflection or prayer. 

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, 

16   Wednesday, April 1, 2020, the Senate met pursuant 

17   to adjournment.  The Journal of Tuesday, 

18   March 31, 2020, was read and approved.  On 

19   motion, Senate adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               1427

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Good morning, 

 7   Mr. President.  

 8                We will start today's work with an 

 9   immediate meeting of the Finance Committee in 

10   Room 332.

11                ACTING PRESIDENT BENJAMIN:   There 

12   will be an immediate meeting of the 

13   Finance Committee in Room 332.

14                SENATOR GIANARIS:   The Senate 

15   stands at ease.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Senate stands at ease.

18                (Whereupon, the Senate stood at ease 

19   at 9:58 a.m.)

20                (Whereupon, the Senate reconvened at 

21   10:21 a.m.)

22                ACTING PRESIDENT BENJAMIN:   The 

23   Senate will return to order.  

24                Senator Gianaris.

25                SENATOR GIANARIS:   Is there a 


                                                               1428

 1   report of the Finance Committee at the desk?

 2                ACTING PRESIDENT BENJAMIN:   There 

 3   is a report of the Finance Committee at the desk.  

 4                The Secretary will read.

 5                THE SECRETARY:   Senator Krueger, 

 6   from the Committee on Finance, reports the 

 7   following bills:  

 8                Senate Print 7506B, Senate Budget 

 9   Bill, an act to amend the Education Law; 

10                Senate Print 7501, Senate Budget 

11   Bill, an act making appropriations for the 

12   support of government:  LEGISLATURE AND JUDICIARY 

13   BUDGET.

14                All bills reported direct to third 

15   reading.

16                SENATOR GIANARIS:   Move to accept 

17   the Finance Committee report.

18                ACTING PRESIDENT BENJAMIN:   All in 

19   favor of accepting the Committee on Finance 

20   report signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT BENJAMIN:    

23   Opposed?  

24                (No response.)

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1429

 1   Committee on Finance report is accepted and 

 2   before the house.

 3                SENATOR GIANARIS:   Can we now take 

 4   up the reading of the supplemental calendar, 

 5   please.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   636, Senate Print 7506B, Senate Budget Bill, an 

10   act to amend the Education Law.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Gianaris.

13                SENATOR GIANARIS:   Is there a 

14   message of necessity at the desk?  

15                ACTING PRESIDENT BENJAMIN:   There 

16   is a message of necessity at the desk.

17                SENATOR GIANARIS:   Move to accept 

18   the message of necessity.  

19                ACTING PRESIDENT BENJAMIN:   All in 

20   favor of accepting the message of necessity 

21   signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT BENJAMIN:    

24   Opposed?  

25                (No response.)


                                                               1430

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   message of necessity is accepted, and the bill is 

 3   before the house.

 4                Read the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Borrello to explain his vote.

12                SENATOR BORRELLO:   Thank you, 

13   Mr. President.

14                These are obviously challenging 

15   times.  And as I said before, my first budget.  

16   Again, my thoughts and prayers go out to all 

17   those on the front lines in this fight, our 

18   healthcare workers.  

19                But in this case we have others on 

20   the front lines that have continued to be ignored 

21   by this body, and those are the members of 

22   law enforcement.  

23                We heard from them, when this bail 

24   reform bill passed last year, how devastating it 

25   would be, and unfortunately they were correct.  


                                                               1431

 1   And now, under the same process of the budget, 

 2   hidden away and not discussed -- not with law 

 3   enforcement, not on a wide scale -- we're seeing 

 4   the same sledgehammer that destroyed our judicial 

 5   system try to be used again to fix it.  And 

 6   that's just not how it should work.  

 7                The fallout was a major increase in 

 8   crime.  And we heard in the hearings that we held 

 9   what the fixes should be.  First and foremost, 

10   judicial discretion, which is not in here.  You 

11   cut open a gushing wound in our judicial system 

12   that has impacted victims of crime and the people 

13   on the front lines of law enforcement, and you've 

14   handed them a Band-Aid now to try and fix it.  

15   It's simply not enough.  

16                And it should be done in an open 

17   process outside the budget so we can discuss it 

18   openly and let the people decide what's best for 

19   the judicial system of New York State.  

20                So as a result of that and many 

21   other reasons, I'll be voting no.

22                Thank you, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Borrello to be recorded in the negative.

25                Senator Lanza to explain his vote.  


                                                               1432

 1   Senator Lanza not to explain his vote.

 2                Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 636, those Senators voting in the 

 5   negative are Senators Akshar, Amedore, Biaggi, 

 6   Borrello, Boyle, Flanagan, Funke, Gallivan, 

 7   Griffo, Helming, Jacobs, Jordan, Lanza, LaValle, 

 8   Little, O'Mara, Ortt, Ramos, Ranzenhofer, 

 9   Ritchie, Rivera, Robach, Salazar, Serino and 

10   Tedisco.  

11                Ayes, 36.  Nays, 25.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.  

14                THE SECRETARY:   Calendar Number 

15   637, Senate Print 7501, Senate Budget Bill, an 

16   act making appropriations for the support of 

17   government:  LEGISLATURE AND JUDICIARY BUDGET.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 5.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               1433

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 40.  Nays, 

 3   21.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.  

 6                Oh, sorry, please read the 

 7   negatives.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 637, those Senators voting in the 

10   negative are Senators Akshar, Amedore, Borrello, 

11   Boyle, Flanagan, Funke, Gallivan, Griffo, 

12   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

13   O'Mara, Ortt, Ranzenhofer, Ritchie, Robach, 

14   Serino and Tedisco.

15                Ayes, 40.  Nays, 21.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                Senator Gianaris, that completes the 

19   reading of the supplemental calendar.

20                SENATOR GIANARIS:   Mr. President, 

21   at this time we are awaiting the final budget 

22   bill, on state operations, so we will stand at 

23   ease until that is ready.

24                ACTING PRESIDENT BENJAMIN:   The 

25   Senate will stand at ease.


                                                               1434

 1                (Whereupon, the Senate stood at ease 

 2   at 10:25 a.m.)

 3                (Whereupon, the Senate reconvened at 

 4   2:02 p.m.)

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   Senate will return to order.

 7                Senator Gianaris.

 8                SENATOR GIANARIS:   Mr. President, 

 9   there will be an immediate meeting of the 

10   Finance Committee in Room 332.

11                ACTING PRESIDENT BENJAMIN:   There 

12   will be an immediate meeting of the 

13   Finance Committee in Room 332.

14                SENATOR GIANARIS:   The Senate will 

15   stand at ease.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Senate will stand at ease.  

18                (Whereupon, the Senate stood at ease 

19   at 2:02 p.m.)

20                (Whereupon, the Senate reconvened at 

21   2:25 p.m.)

22                ACTING PRESIDENT BENJAMIN:   The 

23   Senate will return to order.

24                Senator Gianaris.

25                SENATOR GIANARIS:   Is there a 


                                                               1435

 1   report of the Finance Committee at the desk?  

 2                ACTING PRESIDENT BENJAMIN:   There 

 3   is a report of the Finance Committee at the desk.  

 4                The Secretary will read.

 5                THE SECRETARY:   Senator Krueger, 

 6   from the Committee on Finance, reports the 

 7   following bill:  

 8                Senate Print 7500C, Senate Budget 

 9   Bill, an act making appropriations for the 

10   support of government:  STATE OPERATIONS BUDGET.  

11                All bills reported direct to third 

12   reading.

13                SENATOR GIANARIS:   Move to accept 

14   the Finance Committee report.

15                ACTING PRESIDENT BENJAMIN:   All in 

16   favor of accepting the Committee on Finance 

17   report signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT BENJAMIN:    

20   Opposed?

21                (No response.)

22                ACTING PRESIDENT BENJAMIN:   The 

23   Committee on Finance report is accepted and 

24   before the house.

25                SENATOR GIANARIS:   Can we now take 


                                                               1436

 1   up the reading of the supplemental calendar.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   638, Senate Print 7500C, Senate Budget Bill, an 

 6   act making appropriations for the support of 

 7   government:  STATE OPERATIONS BUDGET.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Gianaris.

10                SENATOR GIANARIS:   Is there a 

11   message of necessity at the desk?  

12                ACTING PRESIDENT BENJAMIN:   There 

13   is a message of necessity at the desk.

14                SENATOR GIANARIS:   Move to accept 

15   the message of necessity.  

16                ACTING PRESIDENT BENJAMIN:   All in 

17   favor of accepting the message of necessity 

18   signify by saying aye.

19                (Response of "Aye.")

20                ACTING PRESIDENT BENJAMIN:    

21   Opposed?  

22                (No response.)

23                ACTING PRESIDENT BENJAMIN:   The 

24   message of necessity is accepted and the bill is 

25   before the house.


                                                               1437

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   638, Senate Print 7500C, Senate Budget Bill, an 

 4   act making appropriations for the support of 

 5   government:  STATE OPERATIONS BUDGET.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 5.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 638, those Senators voting in the 

17   negative are Senators Akshar, Amedore, Borrello, 

18   Boyle, Flanagan, Funke, Gallivan, Griffo, 

19   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

20   O'Mara, Ortt, Ranzenhofer, Ritchie, Robach, 

21   Serino and Tedisco.

22                Ayes, 40.  Nays, 21.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                Senator Gianaris, that completes the 


                                                               1438

 1   reading of today's supplemental calendar.

 2                SENATOR GIANARIS:   Mr. President, 

 3   at this time can you recognize Senator Flanagan 

 4   for remarks.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Flanagan for remarks.

 7                SENATOR FLANAGAN:   Thank you, 

 8   Mr. President.

 9                Thank you to Senator Gianaris, 

10   Senator Krueger, Senator Lanza, and 

11   Senator Stewart-Cousins.

12                I've been thinking a lot throughout 

13   the morning, and I was talking with Senator Lanza 

14   before we came in.  You know, there are times I 

15   would come up here on a Sunday night and come 

16   over to the Capitol, and there was a tranquility 

17   and a serenity, in part because it was night and 

18   no one was really here.  And I got a chance to 

19   walk around and reflect, truly reflect on how 

20   magnificent this building is, and this place.

21                So today there's a calmness, but 

22   it's not serene.  And it's not really tranquil.  

23   And I live my life as a very positive person.  So 

24   I come in here today with my colleagues with an 

25   open heart but a heavy heart.  And I just think 


                                                               1439

 1   about how incredibly important the work that we 

 2   do is.  

 3                So I want to say thank you at large 

 4   for the opportunity to be part of this august 

 5   body.  I want to say thank you to everyone who's 

 6   here -- properly spaced.  Properly spaced, I 

 7   might add.  But we are doing the people's 

 8   business.  

 9                So I say thank you to everyone, God 

10   bless you all of you.  And that includes every 

11   single person who is in and around the halls of 

12   this chamber and this Capitol.  Because this 

13   place still has to operate.  And thank God we 

14   have the people that we do to take care of us.  

15                But you know what, this is about the 

16   human experience.  And however one approaches 

17   their life and seeks good in others and for 

18   others, I would from the bottom of my heart ask 

19   that people find time to contemplate and to think 

20   well of Senator Jim Seward.  

21                Senator Seward tested positive.  So 

22   did his wife.  And he's having a tough time.  So 

23   when I think of him, I think of our colleagues 

24   who have had the same type of issue in the 

25   Assembly.  And no matter what our differences 


                                                               1440

 1   are, part of the insanity of this place is that 

 2   it becomes like a family.  It just does.  

 3                Mr. President, I look at you and I 

 4   think of your little girl.  I look at Senator 

 5   Lanza, I think of his three children and how we 

 6   talk about that all the time.  And then I think 

 7   of my own family, and I think about how anxious 

 8   they are and the fear that they have, real 

 9   fear -- the nervousness, the anxiety -- when less 

10   than a month ago people were starting to pay 

11   attention, but nowhere near the way they are now.

12                I look at my colleague and friend 

13   Senator Gianaris.  A couple of weeks ago he and I 

14   had a debate.  We banged elbows a little bit on a 

15   debate, and the world has radically changed just 

16   in those few weeks.  Radically changed.  And 

17   nowhere has it changed more significantly than in 

18   the State of New York.

19                I have been blessed to have three 

20   children.  And my daughter, who is the apple of 

21   my eye, is an actress.  So I pay attention to 

22   some music, Broadway shows, can't wait for them 

23   to open back up.  And there's a song from a play 

24   called Rent:  "Seasons of Love."  And it talks 

25   about 525,600 minutes.  And that's the number of 


                                                               1441

 1   minutes in a year:  525,600 minutes.  It's a 

 2   fabulous song.  

 3                So how do you measure a year?  In 

 4   daylight, in sunsets, in midnights, in cups of 

 5   coffee, in inches and miles, in laughter and 

 6   strife.  And now we measure it in life and death, 

 7   in a way that I don't think any one of us could 

 8   have predicted.  

 9                I look at our Majority Leader, she's 

10   trying to do everything humanly possible within 

11   her power to do the right thing.  And yet the 

12   scope of what she's looking at is unalterably 

13   changed, from St. Patrick's Day forward.

14                So now I think of a wide variety of 

15   groups -- our first responders, our EMTs, our 

16   police, our doctors, our nurses, our volunteers.  

17   People who drop everything.  And one of my 

18   hospital CEOs gave me a good description, talking 

19   about nurses in particular.  They're like -- 

20   yeah, they run in.  They don't walk in, they run 

21   in.  And thank God we have people that do that.  

22   We are all immeasurably blessed because of that.  

23                And I think of basic things too.  

24   We're all eating.  You know, we all get to go to 

25   the food store and things like that.  Somebody's 


                                                               1442

 1   out there doing the work so that we can do our 

 2   jobs.  And yet people are walking around nervous.  

 3   And it's understandable.

 4                In terms of our colleagues, 

 5   Senator Stewart-Cousins and I had spoken -- and 

 6   this is not a time to debate.  And certainly 

 7   we're not engaging in a debate.  But I was 

 8   dubious about -- as to whether or not I should 

 9   even get up and speak.  Because arguably we're 

10   talking not to an empty chamber per se, but this 

11   will be memorialized in the record and the 

12   transcript of the New York State Senate.  

13                And my colleagues, out of deference 

14   to the process and to the leader and to the 

15   Majority, we didn't engage in debate.  Maybe a 

16   very little bit.  But in reality, I'm standing 

17   before you as a representative of our conference.  

18                So when I see our new colleague 

19   Senator Borrello get up and offer heartfelt 

20   comments, I know where he's coming from.  When I 

21   hear Senator Amedore talk about what it means to 

22   be a businessperson, I understand where he's 

23   coming from.  

24                And I could speak to every single 

25   person in our conference as to their qualities, 


                                                               1443

 1   as to their temperament, as to their disposition, 

 2   and to the gut-wrenching feeling that each and 

 3   every one of us have.  I know I feel it.  I know 

 4   I should be here, but oh, man, I am like jonesing 

 5   to be home.  And I also know I have to be 

 6   incredibly careful when I get that opportunity to 

 7   go home.  

 8                Senator Gianaris and I were talking 

 9   about our mothers.  Right?  Senator Lanza, we 

10   were talking about his father.  You want to go 

11   and knock on that door in the morning, give that 

12   big hug?  You can't do it.  So we have to do it 

13   metaphorically.  We have to find some way to 

14   continue the human existence and make people feel 

15   good about where we are.

16                Yesterday we got the daily update.  

17   And Morgan, who works right here, has helped us 

18   out.  There were roughly 83,000 cases yesterday.  

19   Now there's over 92,000.  Yesterday there were 

20   about -- there were 1941 deaths in the State of 

21   New York.  This morning's report was 2,373.  

22   Twenty-four hours, that's the difference we've 

23   seen.

24                So when we get involved in the 

25   discussions on this budget, I want to make a few 


                                                               1444

 1   brief comments as to approach.  I respect very 

 2   deeply the work of my colleagues in the Majority 

 3   and their efforts to bring forth the blueprint 

 4   for New York as they see it, working with the 

 5   Assembly and working with the Governor.  

 6                Our conference would have taken a 

 7   slightly different tack.  I think we would have 

 8   been more focused on let's handle what is before 

 9   us, the public health crisis, the pandemic, in 

10   lead of a lot of other things that are worthy of 

11   consideration, but at a different time and under 

12   different circumstances.

13                Simple things.  Public financing of 

14   campaigns.  I don't think the public is worried 

15   about that right now, I really don't.  Banning 

16   polystyrene.  Maybe a laudable goal, but frankly 

17   that's the stuff that everyone's using to get 

18   takeout food right now.  Things like that.

19                I actually have been a strong 

20   supporter of prevailing wage for working men and 

21   women.  I just don't know or think that this is 

22   the right time given the gravity of what we're 

23   facing in our economy.

24                Two other quick things.  There's a 

25   bond act that's in this budget.  And I've always 


                                                               1445

 1   been a pretty strong supporter of bond acts for 

 2   this reason -- because the public decides.  In my 

 3   opinion and a lot of the opinion of my 

 4   colleagues, now is not the time.  I don't know 

 5   how we can go out and ask somebody to support an 

 6   environmental bond act when unemployment claims 

 7   are rising at a meteoric pace.  

 8                And even legislation on sick leave 

 9   or bail, whatever it may be -- but sick leave in 

10   particular, changing significantly a law where 

11   people are more worried about their jobs as 

12   opposed to whether or not they're going to have 

13   the appropriate sick leave.

14                But as I said, we want to get into 

15   the rough and tumble on that, we just don't think 

16   the time is now.  And we do have to pass our 

17   budget, and we do have to meet our obligations.  

18   We just think it should have been done in a 

19   different way.  

20                And I respect the fact that the 

21   Majority will take a different approach, and 

22   that's why they're in the Majority.  And they 

23   have that right and prerogative.  

24                So now, too, I'm thinking about the 

25   Governor and the federal government.  When I 


                                                               1446

 1   looked at what was in this budget, I picked out 

 2   one thing.  There's over a billion dollars in 

 3   funding for education.  There's about 

 4   $800 million in higher education.  There's 

 5   $25 billion in authority for things that may 

 6   come.  

 7                But the thing that I saw that my 

 8   constituents are going to want to know about -- 

 9   and they're going to want to thank the federal 

10   government, the president, Senator Schumer, 

11   Senator Gillibrand, all of our delegation from 

12   New York -- they're not only going to want to 

13   thank them for that additional unemployment 

14   benefit, they're going to want to thank them for 

15   that check that otherwise would not have come.  

16   But they're also going to want to thank them for 

17   almost -- and I want to repeat this number -- 

18   almost $40 billion in relation to unemployment 

19   insurance.

20                So when the Department of Labor gets 

21   50,000 calls a week, and last week they got over 

22   8 million inquiries, that shows you what people 

23   are focusing on.  That shows you where people's 

24   heads are at.  

25                So when I go home, I don't really 


                                                               1447

 1   want to talk about polystyrene.  I want to be 

 2   able to say to somebody, you know what, the 

 3   Department of Labor, they took a huge shift and 

 4   brought in 1500 new people -- whatever the number 

 5   may be -- to process your claim, to make sure 

 6   your family is well taken care of.  

 7                And with all the things the Governor 

 8   has done, I have to say I'm a little surprised 

 9   that we haven't seen something much more 

10   forthright in that area.  It will probably come.  

11   Maybe it will come after this debate and maybe 

12   after this conversation.  But we're at a time 

13   where I think that's what people are really 

14   looking at.

15                Now, having just said what I did, I 

16   want to be clear -- I said it before -- the 

17   Governor deserves tremendous praise for his 

18   yeomanlike efforts, 24 hours a day, on behalf of 

19   everyone in the State of New York.  The calm, the 

20   repose, the occasional humor and making people 

21   feel better, trying to make people feel better, 

22   giving them a sense of purpose, giving them a 

23   sense of hope.  Showing them accomplishments.  

24   Showing how many more people have gotten tested.  

25   Showing how many more people are getting better.  


                                                               1448

 1   Those are all good signs.  And you all know we're 

 2   not even close, we're not even close to being 

 3   finished.

 4                But as I said before, I live my life 

 5   as a very positive person.  We are absolutely 

 6   going to get through this.  Absolutely.  And it's 

 7   because we know how to stick together.  We'll 

 8   have our differences, but we know how to stick 

 9   together.

10                I want to support 

11   Senator Stewart-Cousins in those types of 

12   efforts.  I want to support my colleagues because 

13   it's good for the people that we represent.  Our 

14   obligation is fundamental, it's basic, but it's 

15   strong, too.  

16                And there are two people who are not 

17   here that I want to just speak to very briefly 

18   because I think they are characteristic of every 

19   member in this house.

20                Senator LaValle sits right there, 44 

21   years in the Senate, the dean of the Senate.  I 

22   looked at his chair the other day, it's got 

23   tattered edges.  That's based on his longevity.  

24                Senator Montgomery is not here 

25   today, but she's the dean of your conference and 


                                                               1449

 1   the longest-serving member in your conference.

 2                They represent what is good about 

 3   every member in this chamber -- their longevity, 

 4   their service, their passion, their dedication 

 5   and their devotion.  And God knows they will be 

 6   missed.

 7                And it's kind of weird because 

 8   Senator Borrello came in -- right?  Newest 

 9   member?  If anyone had ever said this is what 

10   your first budget is going to be like, he 

11   probably wouldn't have signed his oath of office.  

12   But he's here.  

13                And I've never seen anything like 

14   this.  And I never thought, my God, today being 

15   the closure of the budget, that every one of us, 

16   this may be our last day here for session.  I 

17   mean, I hope not.  I don't.  But if that's what 

18   it is, that's what it is.  But I know we're 

19   meeting our obligation today.  

20                So as I said, with humility and 

21   respect, we would have taken a different tack.  I 

22   know there's good things in here to help people; 

23   I'm not going to dismiss that.  But there are 

24   things that should have been debated outside of 

25   the budget, and there will be time for those 


                                                               1450

 1   things.

 2                So again, I am honored and 

 3   privileged to be standing here.  The fact that 

 4   anyone would take the time to listen to my 

 5   comments makes me a very grateful person.  And as 

 6   I said, I feel like I am being representative of 

 7   the people of the Senate Republican Conference.

 8                So I kind of said this at the 

 9   beginning.  This is about being a human being, 

10   trying to be a good person.  As we pray for the 

11   people that we read about, I would ask again, in 

12   sincerity, please think of Jim Seward.  I can't 

13   think of a finer public servant.  And my heart 

14   breaks as I speak about him, because there's tens 

15   of thousands of Jim Sewards in New York at this 

16   very moment who need our love, our service, our 

17   devotion, our prayers and our support.

18                I thank the Governor.  I thank the 

19   Majority Leader and all of my colleagues for the 

20   work that they do.  Mr. President, you're a good 

21   man, and it's been a pleasure to watch you serve 

22   up there.  God bless this chamber, God bless the 

23   New York State Senate, the great Empire State of 

24   New York, and the United States of America.

25                Thank you.


                                                               1451

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Gianaris.

 3                SENATOR GIANARIS:   Mr. President, 

 4   let me thank Senator Flanagan as well for his 

 5   words and his service to New York State.  He has 

 6   left a legacy to be proud of.  

 7                Thank you, Senator.

 8                Can you please now recognize 

 9   Majority Leader Stewart-Cousins.

10                ACTING PRESIDENT BENJAMIN:    

11   Majority Leader Stewart-Cousins for comments.

12                SENATOR STEWART-COUSINS:   Thank you 

13   so much.  

14                I said I'm socially distanced, but 

15   I'm not distanced from anyone, so I think I'll be 

16   at my desk.  

17                So again, I wanted to thank you, 

18   Mr. President, too.  Because, again, none of this 

19   is familiar to any of us.  And so I really thank 

20   you for the work that you've done throughout this 

21   and, you know, through all of our opportunities 

22   to be together.  

23                And to follow up on Senator 

24   Flanagan, I -- it wasn't until your final remarks 

25   that I realize that maybe this is, you know, the 


                                                               1452

 1   last time that we might be together in this 

 2   chamber.  And I certainly hope not.  Because, you 

 3   know, we have so many colleagues -- of course 

 4   Senator LaValle, as you mentioned, your 

 5   longest-serving member, and Senator Montgomery -- 

 6   and I don't want to go through the list because 

 7   it's a very, very long list -- Senator Seward and 

 8   yourself.  So many who don't plan to come back.  

 9                And so I hope this is not the last 

10   time we get a chance.  But I will say it's 

11   certainly been a privilege to serve in this body 

12   with public servants like you and certainly all 

13   of my colleagues.  

14                And I know that all of us join you 

15   in prayers for Senator Seward and for his 

16   recovery.  And, you know, it reminds us all that 

17   nothing is promised, and we have to value, as you 

18   said, the opportunities that we have, not only to 

19   be together here but to serve the people of 

20   New York.  So again, we all pray for Senator 

21   Seward.

22                And, you know, I listened to your 

23   remarks, and there's so much like my remarks, 

24   but -- and you did something different, you spoke 

25   extemporaneously, which I usually do.  But 


                                                               1453

 1   because your remarks are so similar, I'm going to 

 2   read my remarks.

 3                (Laughter.)

 4                SENATOR STEWART-COUSINS:   And so, 

 5   you know, like you, as I look around the chamber, 

 6   this nearly empty chamber, it really is surreal.  

 7   You know, actually, for me, it's chilling.  In 

 8   many ways, it's upsetting.  But it's a testament 

 9   to this great institution and the work that 

10   continues here.  

11                As you said, it's been a month since 

12   we stood on this floor and we voted to provide 

13   $40 million to combat this pandemic.  It's a 

14   month ago today.  And I think back to that night 

15   because it was the first time, as leader, that I 

16   called us back into session.  And everybody came, 

17   everybody was here.  And so there was a sense of 

18   urgency that we all had.  But even with that 

19   sense of urgency, nobody, nobody could have 

20   imagined what was going to unfold in the 

21   following weeks.

22                And here we are just one month 

23   later.  And I'll remind you, that day that we 

24   were -- that we passed that $40 million, that was 

25   an evening, and the next day we woke up to the 


                                                               1454

 1   first coronavirus case in the State of New York.  

 2   And it happened to be in my home county, in the 

 3   city that I represent.

 4                And now, as you were saying earlier, 

 5   a month later, 92,000 of our fellow New Yorkers 

 6   have been infected with coronavirus; 2,373 have 

 7   lost their lives.  And today we learned that 

 8   10 million Americans have applied for 

 9   unemployment, 10 million.  These numbers are even 

10   beyond chilling and upsetting.  These numbers are 

11   painful.  

12                We all see the terrifying growing 

13   curve.  We hear these words that we sort of knew 

14   but we didn't listen to every day, and certainly 

15   not in this context:  Apex, social distancing, 

16   ICU, intubate, hospitalization rates, death 

17   rates.  That's our new normal.  That's the words 

18   of today.

19                And yet as you said, Senator 

20   Flanagan, we are in awe of the doctors, of the 

21   nurses, of the hospital workers, of the first 

22   responders -- of all of the people who are on the 

23   front lines, these essential workers, and what 

24   they've done.  And as we continue to make sure 

25   government functions, we are really inspired by 


                                                               1455

 1   those people and their commitment to the greater 

 2   good.

 3                We're all here to do a job.  And 

 4   yes, we are scared for our families, for our 

 5   constituents, for each other.  For our staff.  

 6   For our nation.  But we're here because we have a 

 7   job to do.  And that's really what we're doing, 

 8   albeit it looks very, very different.

 9                As you said, usually on budget day 

10   this chamber is filled, the hallways are teeming, 

11   and depending upon where you are, what side of 

12   the aisle, you know, that's what we're doing -- 

13   we're debating, we're deciding what should have 

14   been done, what shouldn't have been done, 

15   everybody's got an opinion.  

16                And for many there's a sense of 

17   expectation, and then for most of us -- probably 

18   all of us -- there's just a sense of relief that 

19   we were able to get it done.  

20                But that is not what it feels like 

21   now.  Today it really is a job, but it's a job 

22   that we do with a very, very heavy weight on all 

23   of us.  

24                And I, like you and all of our 

25   colleagues and the people of this great state, 


                                                               1456

 1   really do want to thank Governor Cuomo.  We want 

 2   to thank him because of the outstanding 

 3   leadership he has provided during this crisis.  

 4   New York is New York, and we are New York tough.  

 5   And Governor Cuomo has shown what that looks like 

 6   and what that means, the difference it makes when 

 7   we're facing a crisis like this.

 8                And of course like all of us he too 

 9   has been touched by someone very close to him 

10   with corona.  So we want to of course wish his 

11   brother Chris a full and speedy recovery.

12                And because, again, none of this 

13   happens alone, I want to thank Speaker Heastie 

14   and his staff for our partnership during these 

15   tough times.  Obviously, again, Senator Flanagan, 

16   you and I have had many phone calls, all hours of 

17   the day and night, you know, telling him what I 

18   thought, and it was always knocked back.  But I 

19   really thank you for your, you know, 

20   professionalism, your forthrightness and 

21   cooperation, and your members', during this time.

22                I want to thank my great Finance 

23   chair, Liz Krueger.  Liz, dear, there are no 

24   questions about your readiness.  There never, 

25   ever, ever has been.  I do want to thank you, as 


                                                               1457

 1   a friend and as a great colleague, for always 

 2   meeting the occasion and going above and beyond.  

 3   Thank you very, very much.

 4                And my wonderful deputy, Deputy Mike 

 5   Gianaris, for leading us during this, again, 

 6   unprecedented time with flexibility, with skill, 

 7   with just, you know, the agility that we need in 

 8   order to get through this.  I know your buddy 

 9   Senator Griffo isn't here.  But, you know, 

10   Senator Lanza, you had to stand in for that.  But 

11   it was -- you know, even though it was different, 

12   the stability of what went on in this chamber and 

13   how you ran it made all the difference.

14                I also want to thank my counsel and 

15   Finance staff.  Words cannot express what they do 

16   and how well they've done it, and certainly on 

17   both sides of the aisle.  Thank you for all of 

18   your hard work and your perseverance and the long 

19   days and the long nights.  

20                And of course I especially want to 

21   thank my extraordinary chief of staff and 

22   counsel, Shontell Smith.  Again, words do not 

23   express.  And not only Shontell, but in these 

24   past few days, to really push the ball forward 

25   with her, her deputy, Eric Katz.  I want to thank 


                                                               1458

 1   my hardworking Finance secretary, Todd 

 2   Scheuermann; my communications director, 

 3   Mike Murphy; and my entire team for making this 

 4   look a lot easier than it's been.

 5                And I also want to thank the 

 6   Secretary of the Senate, Ale Paulino, for not 

 7   only making sure all this works, but also our 

 8   remote access, creating the opportunities for us 

 9   to conduct our business.  Thank you.

10                To my Senate Majority, I do wish 

11   that every single person that each of you serve 

12   were able to witness firsthand how hard you fight 

13   for each and every New Yorker.  And how you fight 

14   for them and, even in this time of uncertainty, 

15   you put your constituents and the people of 

16   New York first.  

17                So to my conference, your unyielding 

18   commitment to advocating for the needs of your 

19   communities -- again, another inspiration.  And 

20   so I thank you for being the most incredible 

21   people possible to lead.  It is a privilege.

22                And of course to all the members, 

23   all my colleagues in the chamber who persevered 

24   in these extremely tough times, I appreciate 

25   every single one of you.  Obviously we 


                                                               1459

 1   disagree -- what we should have done, how we 

 2   could have done it.  It doesn't matter.  At the 

 3   end of the day, we understand why we're here.

 4                I think, despite all the back and 

 5   forth, we can all agree that the budget that we 

 6   are passing is not the budget any of us had hoped 

 7   to pass at the beginning of this session.  It's 

 8   not even the budget we envisioned a month ago.  

 9   Our state's financial situation has been thrust 

10   into true economic crisis, and I know everyone 

11   understands that.

12                On a normal budget day, I would go 

13   through the document, I would highlight all the 

14   victories and all the great things we were able 

15   to do and to accomplish by marshaling our own 

16   resources.  But again, this was not a normal 

17   budget.  

18                And yes, even in the crisis, 

19   however, we did manage to achieve victories for 

20   the people of New York.  We held the line on 

21   education funding in the face of unprecedented 

22   revenue loss.  And in that context and beyond, 

23   it's already been said, but I do want to give a 

24   special thank you to Senator Schumer for all of 

25   his help and the help especially provided during 


                                                               1460

 1   this crisis, where he was able to direct billions 

 2   of dollars to state and local government, things 

 3   that hadn't happened before.  And you listed the 

 4   unemployment insurance that Senators Schumer and 

 5   Gillibrand and our congressional delegation 

 6   brought to us.

 7                We were able also to protect funding 

 8   for our healthcare system, for our most 

 9   vulnerable citizens in the face of a global 

10   pandemic.  We were able to help small businesses.  

11   We stood up for farmers.  We've helped stock food 

12   banks.  We've provided resources to those 

13   New Yorkers facing an uncertain future.  We 

14   provided protection and resources for our first 

15   responders, and we continue to improve public 

16   safety.

17                The coronavirus has put New York in 

18   a position, however, that we never want to be in, 

19   in a position in which our state cannot meet the 

20   challenges in front of us alone.  New York has to 

21   have a balanced budget.  We can't run deficits.  

22   So that's an answer to, you know, what we could 

23   and could not do.  Our state's residents cannot 

24   bear the burden in this critical time of 

25   making us whole on their own.


                                                               1461

 1                So as I thank our Senators, Senator 

 2   Schumer and Senator Gillibrand, and our 

 3   congressional delegation for the unprecedented 

 4   infusion of funding that they fought so hard for, 

 5   I must also say that we need more, and we need it 

 6   quickly.  We stand ready to help you and do 

 7   whatever it takes to make the case for this great 

 8   state.

 9                But, however, it's also important to 

10   note that when this crisis passes -- and it will 

11   pass -- that we as leaders of this state need to 

12   take a hard look at how we got here.  The 

13   coronavirus amplified our fiscal challenges 

14   beyond a scope we could ever have imagined, but 

15   it did not create those challenges.  When we get 

16   to the other side of this, we need to challenge 

17   our assumptions about how we fund our government 

18   and who in our state bears that burden.  

19                We need to continue to look to how 

20   we fund our schools.  We need to look at how we 

21   prioritize our spending and why our health 

22   system, especially programs for our poorest 

23   residents who cannot afford quality healthcare on 

24   their own, get hit the hardest whenever a crisis 

25   arises.  We need to have a serious conversation 


                                                               1462

 1   about shared sacrifices and make sure that 

 2   everyone is paying their fair share towards 

 3   creating a sustainable economy that can thrive in 

 4   good times and withstand bad times.

 5                But in the meantime, all of us and 

 6   all New Yorkers need to rise together to meet 

 7   this pandemic head-on.  On an individual level, 

 8   that means what we've talked about -- social 

 9   distancing, washing our hands, checking in on our 

10   loved ones who find themselves alone or 

11   struggling.  And as a government, it means 

12   setting an example and following strict social 

13   distance even as we do our work.  It means 

14   standing here in a nearly empty chamber.  It 

15   means passing a responsible balanced budget that 

16   empowers those working so hard to defeat this 

17   virus and, as much as possible, blunts the impact 

18   of the financial instability all of our families 

19   are currently facing.

20                So that's what we're doing today as 

21   we pass this budget.  It's not the budget we 

22   wanted to pass, but it's the budget we needed to 

23   pass to keep New York moving, to secure our 

24   foundation, and to help to lead our state, our 

25   great state through this crisis.


                                                               1463

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Gianaris.

 4                SENATOR GIANARIS:   Mr. President, 

 5   allow me just to give a word of thanks to our 

 6   great Majority Leader Stewart-Cousins.  She is 

 7   not only a historic figure in this chamber, but I 

 8   like to say that she is the -- no offense to 

 9   other former Majority Leaders who might be in the 

10   room -- but is the best Majority Leader to ever 

11   serve in this chamber.  

12                And she has proven it these last 

13   several weeks, taking on an unprecedented burden 

14   of guiding the Senate through this difficult 

15   time.  

16                And also let me just add, to the 56 

17   of our colleagues who are not in the room with us 

18   right now, thanks to them as well.  This is a 

19   group of people that is used to a slap on the 

20   back and a shake of the hand, and they've had to 

21   learn how to get by without that and how to 

22   govern without being physically all together in 

23   this room.  We've all learned how to use Zoom and 

24   other technologies to get us to this point, and 

25   I'm sure it won't be the last time.  


                                                               1464

 1                So a thank you to all my colleagues 

 2   as well for their indulgence and their 

 3   flexibility in getting us to this point.

 4                With that, Mr. President, is there 

 5   any further business at the desk?

 6                ACTING PRESIDENT BENJAMIN:   There 

 7   is no further business at the desk.

 8                SENATOR GIANARIS:   I move to 

 9   adjourn, subject to the call of the Temporary 

10   President, with intervening days being 

11   legislative days.

12                ACTING PRESIDENT BENJAMIN:   On 

13   motion, the Senate stands adjourned, subject to 

14   the call of the Temporary President, intervening 

15   days being legislative days.

16                (Whereupon, at 3:05 p.m., the Senate 

17   adjourned.)

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