Regular Session - May 27, 2020

                                                                   1555

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 27, 2020

11                      1:18 p.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  


                                                               1556

 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 recite 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, Tuesday, 

16   May 26, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, May 25, 

18   2020, was read and approved.  On motion, Senate 

19   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.


                                                               1557

 1                There is a report of the 

 2   Rules Committee at the desk.  

 3                The Secretary will read.  

 4                THE SECRETARY:   Senator 

 5   Stewart-Cousins, from the Committee on Rules, 

 6   reports the following bills:  

 7                Senate Print 7082, by Senator 

 8   Hoylman, an act to amend the Civil Practice Law 

 9   and Rules; 

10                Senate Print 7996B, by Senator 

11   Carlucci, an act to amend the Education Law; 

12                Senate Print 8113A, by 

13   Senator Parker, an act to amend the Public 

14   Service Law; 

15                Senate Print 8119C, by Senator 

16   Comrie, an act to amend the Transportation Law; 

17                Senate Print 8122B, by Senator 

18   Comrie, an act in relation to extending the 

19   deadline for the filing of applications and 

20   renewal applications for real property tax 

21   abatement programs; 

22                Senate Print 8130D, by Senator 

23   Myrie, an act to amend the Election Law; 

24                Senate Print 8138B, by 

25   Senator Martinez, an act to amend the 


                                                               1558

 1   Real Property Tax Law; 

 2                Senate Print 8181A, by Senator May, 

 3   an act to amend the General Municipal Law; 

 4                Senate Print 8182A, by Senator 

 5   Hoylman, an act to amend the Education Law; 

 6                Senate Print 8189, by 

 7   Senator Hoylman, an act to amend the General 

 8   Business Law;

 9                Senate Print 8192B, by Senator 

10   Hoylman, an act in relation to prohibiting the 

11   eviction of residential tenants who have suffered 

12   financial hardship during the COVID-19 covered 

13   period; 

14                Senate Print 8236A, by Senator 

15   Gaughran, an act relating to authorizing local 

16   governments to extend building permits and local 

17   zoning boards; 

18                Senate Print 8243C, by Senator 

19   Kavanagh, an act to amend the Banking Law; 

20                Senate Print 8245A, by 

21   Senator Parker, an act to require the 

22   Department of Health to conduct a study on the 

23   health impacts of COVID-19;

24                Senate Print 8251B, by 

25   Senator Kaminsky, an act to amend the 


                                                               1559

 1   General Municipal Law; 

 2                Senate Print 8275A, by 

 3   Senator Martinez, an act to amend the Labor Law; 

 4                Senate Print 8289B, by Senator 

 5   Salazar, an act to amend the Public Health Law; 

 6                Senate Print 8362A, by Senator 

 7   Serrano, an act in relation to requiring that 

 8   COVID-19 contact tracers be representative of the 

 9   cultural and linguistic diversity of the 

10   communities in which they serve;

11                Senate Print 8363, by Senator 

12   Harckham, an act to amend the Executive Law; 

13                Senate Print 8397A, by Senator 

14   Savino, an act to amend the Labor Law; 

15                Senate Print 8400, by Senator 

16   Benjamin, an act to amend the General Municipal 

17   Law and the New York State Financial Emergency 

18   Act; 

19                Senate Print 8408, by Senator 

20   Comrie, an act to amend the Not-For-Profit 

21   Corporation Law; 

22                Senate Print 8410, by Senator Mayer, 

23   an act to amend the Education Law; 

24                Senate Print 8411, by Senator 

25   Jackson, an act to amend the Administrative Code 


                                                               1560

 1   of the City of New York; 

 2                Senate Print 8412, by Senator 

 3   Benjamin, an act to amend the Business 

 4   Corporation Law; 

 5                Senate Print 8413, by Senator 

 6   Benjamin, an act in relation to authorizing 

 7   municipalities to place a moratorium on tax 

 8   foreclosures and tax lien sales; 

 9                Senate Print 8414, by 

10   Senator Bailey, an act to amend the Criminal 

11   Procedure Law; 

12                Senate Print 8415, by 

13   Senator Bailey, an act to repeal subdivision 4 of 

14   Section 240.35 of the Penal Law; 

15                Senate Print 8416, by 

16   Senator Metzger, an act to amend the 

17   Public Health Law; 

18                Senate Print 8417, by 

19   Senator Krueger, an act to amend the Local 

20   Finance Law; 

21                Senate Print 8418, by 

22   Senator Krueger, an act to amend the 

23   Public Authorities Law; 

24                Senate Print 8419, by 

25   Senator Kavanagh, an act in relation to enacting 


                                                               1561

 1   the "Emergency Rent Relief Act of 2020"; 

 2                Senate Print 8420, by 

 3   Senator Gounardes, an act to amend the 

 4   Retirement and Social Security Law.

 5                All bills reported direct to third 

 6   reading.

 7                SENATOR GIANARIS:   I move to accept 

 8   the report of the Rules Committee.

 9                ACTING PRESIDENT BENJAMIN:   All 

10   those in favor of accepting the report of the 

11   Rules Committee signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT BENJAMIN:    

14   Opposed, nay.

15                (No response.)

16                ACTING PRESIDENT BENJAMIN:   The 

17   report is accepted.

18                Reports of select committees.  

19                Communications and reports from 

20   state officers.

21                Motions and resolutions.

22                Senator Gianaris.

23                SENATOR GIANARIS:   Mr. President, 

24   let me first say it's good to see you again.  

25   It's been a little bit.  


                                                               1562

 1                I move to adopt the Resolution 

 2   Calendar.

 3                ACTING PRESIDENT BENJAMIN:   All in 

 4   favor of adopting the Resolution Calendar signify 

 5   by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT BENJAMIN:    

 8   Opposed, nay.

 9                (No response.)

10                ACTING PRESIDENT BENJAMIN:   The 

11   Resolution Calendar is adopted.

12                Senator Gianaris.

13                SENATOR GIANARIS:   At this time, 

14   Mr. President, can we take up the reading of the 

15   supplemental calendar.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   639, Senate Print 7082, by Senator Hoylman, an 

20   act to amend the Civil Practice Law and Rules.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               1563

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Hoylman to explain his vote.

 5                SENATOR HOYLMAN:   Thank you, 

 6   Mr. President.  Thank you, Deputy Leader and my 

 7   colleagues who are in this chamber during this 

 8   extraordinary time.

 9                I'd be remiss if I didn't mention at 

10   the outset the death of a great leader in my 

11   community, Larry Kramer -- social activist, 

12   founder of ACT UP and GMHC, public intellectual 

13   and general rabble-rouser -- who passed today.

14                Mr. President, a little over a year 

15   ago I stood in this chamber as we finally passed 

16   the Child Victims Act, after over a decade of 

17   trying -- under the leadership of Majority Leader 

18   Andrea Stewart-Cousins, we finally got it done -- 

19   to give adult survivors one year to file 

20   retrospective claims for charges of child sexual 

21   abuse that they had leveled against individuals 

22   or institutions who may have harbored those 

23   individuals.  

24                But since that time, something 

25   extraordinary has happened which we are all 


                                                               1564

 1   experiencing.  We have been thrown into the 

 2   depths of a pandemic, while at the same time 

 3   thousands of survivors -- over 2,000 

 4   individuals -- have come forward as plaintiffs in 

 5   Child Victims Act lawsuits.  But about halfway 

 6   through their efforts to bring justice to these 

 7   survivors, of course COVID-19 hit, which has 

 8   literally made it impossible to file CVA cases in 

 9   New York City between March 16th and March 25th 

10   of this year.

11                The ripple effect is going to extend 

12   outward, Mr. President, because we know it's not 

13   just with a snap of the fingers that everyone's 

14   lives resume to normal.  That is why I'm so 

15   grateful to my colleagues, to Leader Andrea 

16   Stewart-Cousins, to Assemblymember Linda 

17   Rosenthal and Speaker Heastie, for giving adult 

18   survivors of child sexual abuse another year, 

19   until August 14, 2021, to seek justice in court 

20   and face the perpetrators of their abuse.  

21                This additional time, Mr. President, 

22   has been confirmed by other states who have 

23   extended look-back windows -- California, Hawaii, 

24   New Jersey, just to name a few -- and will enable 

25   us to make good on our promise that adult 


                                                               1565

 1   survivors of child sexual abuse are able to go 

 2   into a court of law and seek that justice they so 

 3   greatly deserve.

 4                I vote aye, Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Hoylman to be recorded in the affirmative.

 7                Senator Serino to explain her vote.

 8                SENATOR SERINO:   Thank you, 

 9   Mr. President.  I have to say it's great to be 

10   back.

11                I rise today to explain my vote in 

12   support of this bill.  As I have said since day 

13   one, these victims absolutely deserve justice.  

14   Every time one of these brave individuals speaks 

15   out, we are one step closer to getting those 

16   heinous monsters off of our streets.

17                However, when I voted in support of 

18   the original Child Victims Act, I rose to explain 

19   my vote and noted that I didn't believe it went 

20   far enough when it comes to expanding the statute 

21   of limitations or holding perpetrators criminally 

22   responsible for their despicable acts.  At the 

23   time, I expressed hope that the bill would only 

24   be the first step in this regard.  

25                As we vote today to extend this 


                                                               1566

 1   bill, I want to reiterate my earlier points.  If 

 2   there is one thing that hearing from countless 

 3   victims has taught me, it's that clearly our laws 

 4   aren't doing a good enough job of protecting 

 5   vulnerable children to begin with.

 6                That's why I introduced legislation 

 7   to help better protect them by making every adult 

 8   who works with them a mandated reporter.  I think 

 9   most New Yorkers would be shocked that that's not 

10   the case.  I know I was.

11                I introduced this legislation in 

12   response to a horrible case in my community where 

13   two young boys were victimized by a local county 

14   legislator.  The boys did the right thing and 

15   bravely reported the crime to those they trusted, 

16   those in positions of power who could have 

17   stopped the abuse -- people that, instead, chose 

18   not to report the abuse to law enforcement.

19                My bill would go a long way in 

20   protecting New York's children.  And as I said 

21   last year, I'm willing to work with anyone on 

22   either side of the aisle to get it passed into 

23   law.  The bill passed unanimously when it came 

24   before us in this chamber, and it is my hope that 

25   as we recognize the need to ensure these victims 


                                                               1567

 1   get justice, we do all we can to prevent children 

 2   from ever being victimized in the first place.

 3                Thank you, Mr. President.  I vote 

 4   aye.  And thank you, Senator Hoylman.

 5                ACTING PRESIDENT BENJAMIN:    

 6   Senator Serino to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 639, those voting in the negative 

10   are Senators Funke and Little.

11                Ayes, 58.  Nays, 2.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   640, Senate Print 7996B, by Senator Carlucci, an 

16   act to amend the Education Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Carlucci to explain his vote.


                                                               1568

 1                SENATOR CARLUCCI:   Thank you, 

 2   Mr. President.

 3                I want to thank all my colleagues 

 4   for coming together in this unprecedented time to 

 5   take up these measures today.  This is extremely 

 6   important to address the health concerns, the 

 7   economic concerns that our residents are facing.

 8                As of yesterday, we had 23,564 

 9   fatalities in the State of New York.  And we know 

10   that number would be even worse if it weren't for 

11   our local officials and our state officials 

12   coming together to take action.  

13                The legislation before us today, 

14   right now, is to allow for our school districts 

15   to make sure that they get the full funding of 

16   aid.  We saw that our school districts had to 

17   jump into action.  Many of them acted before the 

18   executive order was put in place, before the 

19   state of emergency was put into place.  And this 

20   legislation is essential to make sure that our 

21   school districts get every penny that they're 

22   entitled to.  This is not only important for our 

23   schools and our children, but also our property 

24   taxpayers.  

25                We know our children do not lack 


                                                               1569

 1   capacity, they only lack opportunity.  Let's make 

 2   sure that they get it.  I'll be supporting this 

 3   legislation.  

 4                Thank you, Mr. President, and thank 

 5   you to my colleagues.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Carlucci to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   641, Senate Print 8113A, by Senator Parker, an 

14   act to amend the Public Service Law.

15                SENATOR GALLIVAN:   Lay it aside.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill will be laid aside.

18                THE SECRETARY:   Calendar Number 

19   642, Senate Print 8119C, by Senator Comrie, an 

20   act to amend the Transportation Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               1570

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   643, Senate Print 8122B, by Senator Comrie, an 

10   act in relation to extending the deadline for the 

11   filing of applications and renewal applications.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.  

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                Calendar Number 644 is high and will 

25   be laid aside for the day.


                                                               1571

 1                THE SECRETARY:   Calendar Number 

 2   645, Senate Print 8138B, by Senator Martinez, an 

 3   act to amend the Real Property Tax Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:  Ayes, 61.  

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   646, Senate Print 8181A, by Senator May, an act 

18   to amend the General Municipal Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               1572

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   647, Senate Print 8182A, by Senator Hoylman, an 

 8   act to amend the Education Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect no sooner than 90 days from 

13   the date of approval of a COVID-19 immunization.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Announce the results.

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   648, Senate Print 8189, by Senator Hoylman, an 

24   act to amend the General Business Law.  

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1573

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Hoylman to explain his vote.

 9                SENATOR HOYLMAN:   Thank you, 

10   Mr. President.  I promise I'm smiling underneath 

11   this mask, to you and your leadership in this 

12   extraordinary time.

13                As the saying goes, Mr. President, 

14   after the storm comes the vultures.  And during 

15   the storm of COVID-19, we've seen a lot of those 

16   vultures.  Bad actors have cynically used this 

17   pandemic to reap an enormous windfall on products 

18   from hand sanitizer to disposable gloves.  

19                We have an anti-price gouging law 

20   that protects consumers, and the AG has already 

21   invoked it against more than 1500 violators.  But 

22   as we've seen during this crisis, consumers are 

23   not the only ones getting ripped off too -- 

24   hospitals and governments get gouged also.

25                Just this morning there are reports 


                                                               1574

 1   that a pharmacist named "The Mask Man" was 

 2   arrested for doing just that.  His name is 

 3   Richard Schirripa, and he bought thousands of N95 

 4   masks and sold them at a 50 percent markup.  The 

 5   Mask Man even bragged, "I feel like a drug dealer 

 6   standing out there."  

 7                Other virus profiteers have tried to 

 8   rip off New York State directly.  According to 

 9   Pro Publica, New York was forced to pay sky-high 

10   prices for medical supplies.  Gloves were costing 

11   2000 percent more than usual.  Masks cost $7.50 

12   each, 15 times the normal price.  Infusion pumps 

13   cost $2,795, twice the normal price.  

14                And healthcare facilities face 

15   similar challenges.  St. Joseph Hospital in 

16   Yonkers was the victim of a price-gouging scheme 

17   where $8 masks were sold to them that usually 

18   sold the hospital 50 cents.  Twenty-five dollars 

19   for protective shields that usually cost the 

20   hospital $1.25.  That's unconscionable.

21                And with this new legislation that 

22   we're passing today, with the support of our 

23   leader, Andrea Stewart-Cousins, and my Democratic 

24   colleagues and I, plus my colleagues across the 

25   aisle, we'll be able to crack down on these virus 


                                                               1575

 1   profiteers in the following ways.  

 2                It will ban price gouging on 

 3   essential medical supplies and service.  It will 

 4   ban price gouging against hospitals, healthcare 

 5   providers, and state and local governments.  It 

 6   will allow the Attorney General to fine violators 

 7   up to $25,000 per occurrence and give the AG new 

 8   regulatory power they need to be flexible in 

 9   fighting future price gouging.  

10                This is an historic expansion of our 

11   price-gouging statute.  I'm so grateful to 

12   everyone who helped pass this legislation, and to 

13   the Attorney General for working with us and our 

14   conference to make it as strong as possible.  I 

15   also want to thank my Assembly sponsor, Nily 

16   Rozic, and all of my colleagues in the other 

17   house.  

18                I'm proudly voting aye, 

19   Mr. President.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Hoylman to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 648, voting in the negative:  

25   Senator Ortt.


                                                               1576

 1                Ayes, 60.  Nays, 1.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   649, Senate Print 8192B, by Senator Hoylman, an 

 6   act in -- 

 7                SENATOR GALLIVAN:   Lay it aside.

 8                ACTING PRESIDENT BENJAMIN:   Lay it 

 9   aside.

10                THE SECRETARY:   Calendar Number 

11   650, Senate Print 8236A, by Senator Gaughran, an 

12   act relating to authorizing local governments to 

13   extend building permits and local zoning boards.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Gaughran to explain his vote.

23                SENATOR GAUGHRAN:   Thank you, 

24   Mr. President.

25                I rise because this bill may look 


                                                               1577

 1   technical in nature, and yes, it is.  But I think 

 2   it is very important.  It will permit local 

 3   governments, at their options, to extend by 

 4   120 days zoning board, planning board and 

 5   building permit applications.  

 6                And why I think it is very important 

 7   is because as New York begins to reopen, we don't 

 8   want all these municipalities to have to go back 

 9   and review all these applications that they've 

10   already approved.  Let them review others that 

11   need to move forward, and then allow people to go 

12   back and construct and build right away once it 

13   is safe for them to operate in their region.

14                So I vote in the affirmative, 

15   Mr. President.  Thank you very much.

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Gaughran to be recorded in the affirmative.  

18                Announce the results.  

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   651, Senate Print 8243C, by Senator Kavanagh, an 

24   act to amend the Banking Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1578

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   652, Senate Print 8245A, by Senator Parker, an 

14   act to require the Department of Health to 

15   conduct a study on the health impacts of COVID-19 

16   on minorities in New York State.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Senator Parker to explain his vote.


                                                               1579

 1                SENATOR PARKER:   Thank you, 

 2   Mr. President.

 3                I rise to thank my colleagues for 

 4   voting for this bill.  This has really been, I 

 5   think, a critically important bill because we are 

 6   in such a really tragic time.  And as all of us 

 7   deal with this global pandemic, it hasn't treated 

 8   everybody the same.  And particularly in 

 9   African-American and Latinx communities, you are 

10   seeing a devastation both in terms of infection 

11   rates and deaths that is really cataclysmic in 

12   the community.  

13                And so this bill asks the Office of 

14   Health Disparities in the New York State 

15   Department of Health to do a study so we can 

16   actually understand what's going on.  We do know 

17   some of the effects.  We know that 

18   African-Americans and Latinx communities already 

19   start out with a great deal of health 

20   disparities.  They have the greatest numbers of 

21   people with compromised immune systems.  And then 

22   you add to that comorbidities.  

23                And then, to add insult to injuries, 

24   many of them are essential workers.  And so they 

25   are, you know, driving buses and, you know, 


                                                               1580

 1   operating trains, and they're working to deliver 

 2   packages.  And then they're also essential 

 3   workers in hospitals, on the front lines as 

 4   hospital workers and nurses, doctors and so on 

 5   and so forth.  

 6                They go back then to the most, you 

 7   know, congested, crowded communities where the 

 8   virus has spread and then have to go back to the 

 9   same facilities that misdiagnosed them and 

10   underdiagnosed them the first time to create the 

11   health disparities to get treatment.  

12                And this has all created a perfect 

13   storm of death and disease in the community.  We 

14   really need to understand more about this and 

15   figure out how we undergird our community going 

16   forward to stop that.  I thank the leader and I 

17   thank all my colleagues for voting for this 

18   important bill.  

19                Thank you, Mr. President.  I vote 

20   aye.

21                ACTING PRESIDENT BENJAMIN:    

22   Senator Parker to be recorded in the affirmative.

23                SENATOR KENNEDY:   Good afternoon, 

24   everybody.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               1581

 1   Kennedy to explain his vote.

 2                SENATOR KENNEDY:   Thank you, 

 3   Mr. President.  

 4                Today I rise in strong support of 

 5   this bill to study the disparate health impacts 

 6   of COVID-19 on minorities, and I'm proud to 

 7   cosponsor this bill.

 8                While COVID-19 has impacted 

 9   communities across our entire state, it has been 

10   clear that a disproportionate number of persons 

11   of color are being infected and dying from this 

12   virus.  I've seen this in my district, where zip 

13   code 14215, in the heart of the east side of 

14   Buffalo, has some of the highest infection rates 

15   in Western New York.  Eighty percent of the 

16   residents of this zip code are people of color.  

17                This isn't a new problem in our 

18   state.  This especially is not a new problem to 

19   Buffalo.  In general, African-Americans living in 

20   Buffalo have higher rates of poverty, higher 

21   rates of lung cancer, higher instances of infant 

22   mortality, and an increased risk of 

23   hospitalization from heart disease and diabetes.

24                Cancer rates are highest in Buffalo 

25   zip codes with predominantly people of color 


                                                               1582

 1   living there.  Rates are so high that the State 

 2   Department of Health came in to study what is 

 3   causing those cancer clusters.  Sixty percent of 

 4   African-Americans in Buffalo die prematurely -- 

 5   twice the rate for Caucasians.  And the life 

 6   expectancy in Buffalo of an African-American male 

 7   is a full 12 years less than a white male.

 8                These statistics clearly show 

 9   there's been a disparity in health even before 

10   the current pandemic hit.  It's not a new 

11   problem, but this pandemic is shining a new 

12   bright light on this old problem.

13                This is why I've worked closely in 

14   Buffalo with various groups, like with Judge Rose 

15   Sconiers and the Greater Buffalo Racial Equity 

16   Roundtable, and with Pastors George Nicholas and 

17   Kinzer Pointer from the Buffalo Health 

18   Disparities Task Force, to examine and address 

19   the issues that feed into disparate health 

20   outcomes.  

21                These groups have demonstrated that 

22   solutions must come from the community, from the 

23   ground up.  Nothing succeeds without community 

24   buy-in.  Based on the work of these groups, the 

25   University of Buffalo has created an institute 


                                                               1583

 1   dedicated to study and recommend best practices 

 2   on how Buffalo and New York can help address 

 3   these health disparities and will be coordinating 

 4   with the community on research of best practices.  

 5                A study by the Department of Health 

 6   on COVID-19 impacts in minority communities is 

 7   badly needed.  It will give a clearer picture on 

 8   the impact this pandemic has had and hopefully 

 9   provide solutions to reduce disparate health 

10   outcomes in the future.

11                This is a start, Mr. President, but 

12   by no means can this be the end.  We as a 

13   legislature cannot and should not stop until 

14   every single person in this state, regardless of 

15   race or color, has an equitable opportunity for a 

16   healthy life, and I and we will continue to 

17   strive towards that goal.

18                With that, Mr. President, I vote 

19   aye. 

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Kennedy to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 652, those voting in the negative 

25   are Senators Ortt, Ranzenhofer and Ritchie.


                                                               1584

 1                Ayes, 59.  Nays, 3.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   653, Senate Print 8251B, by Senator Kaminsky, an 

 6   act to amend the General Municipal Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Kaminsky to explain his vote.

16                SENATOR KAMINSKY:   Thank you very 

17   much, Mr. President.

18                We find ourselves here in 

19   unprecedented times doing our best to fight for 

20   the people we represent.  But whatever we think 

21   we're going through is nothing compared to our 

22   first responders and our volunteer firefighters 

23   who run into danger at a moment's notice.  They 

24   put themselves on the front lines responding to 

25   many calls, including COVID calls.  And of course 


                                                               1585

 1   when we're safe in our beds at night asleep, 

 2   they're ready to jump out of theirs to rush to 

 3   our aid.

 4                That's why it was so important to 

 5   preserve the pension program known as LOSAP that 

 6   our volunteer firefighters depend on and that 

 7   this pandemic put in jeopardy.  By changing the 

 8   rules today, we will make sure that even if some 

 9   firefighters are not able to come to the 

10   firehouse during this pandemic for obvious health 

11   reasons, that they won't be penalized as a 

12   result.

13                I'm proud to stand up for our 

14   firefighters' pension benefits because our 

15   volunteer firefighters help make Long Island and 

16   our state the great place that it is, and we owe 

17   it to them.  

18                Mr. President, I vote in the 

19   affirmative, and I thank you for your time today.

20                ACTING PRESIDENT BENJAMIN:    

21   Senator Kaminsky to be recorded in the 

22   affirmative.

23                Announce the results.

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1586

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   654, Senate Print 8275A, by Senator Martinez --

 4                SENATOR GALLIVAN:   Lay it aside.

 5                ACTING PRESIDENT BENJAMIN:   Lay it 

 6   aside.

 7                THE SECRETARY:   Calendar Number 

 8   655, Senate Print 8289B, by Senator Salazar, an 

 9   act to amend the Public Health Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Senator Serino to explain her vote.

19                SENATOR SERINO:   And just so 

20   everybody in the world knows, I wore my mask in.  

21   I'm taking it off so I can speak, so my 

22   constituents can see the passion that I have for 

23   this subject.

24                So -- (clearing throat.)  Excuse me.  

25   Sorry, I had to run from the conference room.  


                                                               1587

 1                Thank you, Mr. President.

 2                This bill is well-intentioned, and 

 3   I'm going to vote in support of it today because 

 4   it's important that these facilities, like all 

 5   healthcare operators, have an effective pandemic 

 6   plan in place for the future.

 7                However, that being said, this bill 

 8   is grossly inadequate when it comes to addressing 

 9   the immediate crisis unfolding in our nursing 

10   homes, assisted living, and adult care 

11   facilities.  According to the Associated Press, 

12   New York is home to the highest number of nursing 

13   home deaths in the nation.  

14                As the ranking member of the 

15   Senate's Aging Committee, I'm appalled to see 

16   that this Legislature, which has been called back 

17   specifically to address the most pressing issues 

18   brought on by the COVID-19 crisis, is not passing 

19   a single bill that would seek to immediately 

20   reverse these disturbing statistics.  

21                Instead, we're passing a bill that 

22   expressly deals with future pandemics, hits these 

23   facilities with more unfunded mandates, takes 

24   already limited staff away from caring for 

25   patients, and does absolutely nothing to address 


                                                               1588

 1   the real problems we know they're facing as a 

 2   result of this pandemic.

 3                Since day one, these facilities 

 4   which care for our most vulnerable have been an 

 5   afterthought to the state.  From the March 25th 

 6   directive that defied common sense and required 

 7   them to take COVID-positive patients, to failing 

 8   to fully fund testing, the state has failed 

 9   residents, family members, and facility staff 

10   time and time again.  And I know because I'm the 

11   one taking the phone calls from devastated 

12   residents who have not only lost loved ones, but 

13   from those who live in fear that their loved one 

14   will be next.

15                As the state continues to cling to 

16   its bad policy, I have offered suggestion after 

17   suggestion, including the creation of an 

18   emergency task force to enforce accountability 

19   and transparency in the facilities; the creation 

20   of specialty care centers to keep COVID-positive 

21   patients away from vulnerable residents and out 

22   of hospital beds; the utilization of the National 

23   Guard to assist with testing, sterilizing 

24   facilities and supporting staff and the providing 

25   of adequate PPE; a serious investment in staffing 


                                                               1589

 1   pools to ensure facilities have access to the 

 2   trained workforce they need to best care for 

 3   residents; an independent investigation into the 

 4   state's handling of this issue, and so much more.

 5                Yet here we are today taking up just 

 6   one bill that does absolutely nothing to 

 7   immediately protect residents or support the 

 8   facilities who care for them.  No one had a 

 9   choice or a voice when it came to implementing 

10   the disastrous policy that jeopardized the health 

11   and safety of so many.  But today here we are, 

12   their representatives -- and this is the best we 

13   can do?  I don't think so.  

14                These residents, their families and 

15   the hardworking staff who work tirelessly to 

16   support them matter, and they deserve better.  It 

17   is far past time for the state to step up to the 

18   plate and do right by these New Yorkers.

19                Thank you, Mr. President, and I vote 

20   aye.  And I will be putting my mask back on.  

21   Thank you very much.

22                ACTING PRESIDENT BENJAMIN:    

23   Senator Serino to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               1590

 1   Calendar Number 655, voting in the negative:  

 2   Senator Helming.

 3                Ayes, 61.  Nays, 1.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   Thank you, 

 8   Mr. President.  

 9                I want to just take a moment to 

10   thank Senator Flanagan, Senator Gallivan and my 

11   Republican colleagues for their cooperation in 

12   what is unquestionably a unique and unprecedented 

13   situation.  

14                But I do want to just point out that 

15   we do encourage members to wear their masks when 

16   speaking.  It is particularly when speaking that 

17   droplets are more likely to be projected out and 

18   put other people at increased risk, which we're 

19   trying to avoid.  

20                But again, I know everyone's doing 

21   their best here, so it's not meant to be critical 

22   of anyone in particular.

23                Thank you.

24                ACTING PRESIDENT BENJAMIN:   The 

25   Secretary will read.


                                                               1591

 1                THE SECRETARY:   Calendar Number 

 2   656, Senate Print 8362A, by Senator Serrano, an 

 3   act in relation to requiring that COVID-19 

 4   contact tracers be representative of the cultural 

 5   and linguistic diversity of the communities in 

 6   which they serve.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 656, those Senators voting in the 

18   negative are Senators Jacobs, Martinez and Ortt.  

19                Ayes, 59.  Nays, 3.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   657, Senate Print 8363, by Senator Harckham, an 

24   act to amend the Executive Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1592

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Harckham to explain his vote.

 9                SENATOR HARCKHAM:   Thank you, 

10   Mr. President.  It's good to be back in the 

11   chamber, something I don't take lightly or take 

12   for granted.  

13                As all of us, we've been very busy 

14   back in our districts working with our 

15   constituents, helping them cope with the 

16   devastation of this virus.  But there is also 

17   important legislative work for us to do, and 

18   today we take a step forward in helping with the 

19   healing.

20                One of the things that we have 

21   realized during the course of this pandemic is 

22   the impact on the vulnerable -- particularly, on 

23   the behavioral health side, people with substance 

24   use disorder.

25                A few weeks ago I convened a 


                                                               1593

 1   statewide meeting of treatment providers and the 

 2   associations that represent them to find out some 

 3   of the challenges that they were facing.  And a 

 4   big part of the challenges they were facing -- 

 5   access to PPE, access to hardware for 

 6   telemedicine, getting regulations changed -- was 

 7   that they didn't have a seat at the emergency 

 8   management table.  And that was unfortunate and 

 9   unnecessary.  

10                And today we're making a change that 

11   will give OASAS a seat at New York State's 

12   emergency management table so that when the 

13   discussions are had on how to get through future 

14   crises -- not just an illness, but a storm -- 

15   they will have a seat at the table.  Because one 

16   thing we see is that when unemployment dips 

17   1 percent, overdoses shoot up 5 percent.  That's 

18   the figure that is used.  

19                The Kaiser Family Foundation had a 

20   study about three weeks ago predicting another 

21   75,000 deaths of despair from self-medication, 

22   from alcoholism, from overdose.

23                And so we need a seat at the table 

24   for OASAS so that these issues are addressed in 

25   comprehensive planning for those who are 


                                                               1594

 1   suffering from substance use disorder.

 2                I vote aye.  Thank you, 

 3   Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Harckham to be recorded in the affirmative.

 6                Announce the results.  

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   658, Senate Print 8397A, by Senator Savino, an 

12   act to amend the Labor Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 658, voting in the negative:  

24   Senator Martinez.

25                Ayes, 61.  Nays, 1.


                                                               1595

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   659, Senate Print 8400, by Senator Benjamin, an 

 5   act to amend the General Municipal Law and the 

 6   New York State Financial Emergency Act for the 

 7   City of New York.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 659, those Senators voting in the 

19   negative are Senators Lanza, Martinez and O'Mara.  

20                Ayes, 59.  Nays, 3.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   660, Senate Print 8408, by Senator Comrie, an act 

25   to amend the Not-For-Profit Corporation Law.


                                                               1596

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   661, Senate Print 8410, by Senator Mayer, an act 

15   to amend the Education Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 62.


                                                               1597

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   662, Senate Print 8411, by Senator Jackson, an 

 5   act to amend the Administrative Code of the City 

 6   of New York.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 9.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 662, those Senators voting in the 

18   negative are Senators Akshar, Amedore, Borrello, 

19   Boyle, Flanagan, Funke, Gallivan, Griffo, 

20   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

21   Martinez, O'Mara, Ortt, Ranzenhofer, Ritchie, 

22   Robach, Serino, Seward and Tedisco.

23                Ayes, 39.  Nays, 23.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               1598

 1                THE SECRETARY:   Calendar Number 

 2   663, Senate Print 8412, by Senator Benjamin, an 

 3   act to amend the Business Corporation Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 6.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   664, Senate Print 8413, by Senator Benjamin, an 

18   act in relation to authorizing municipalities to 

19   place a moratorium on tax foreclosures and tax 

20   lien sales.

21                SENATOR GIANARIS:   Lay it aside 

22   temporarily, please. 

23                ACTING PRESIDENT BENJAMIN:   Lay it 

24   aside temporarily.  

25                THE SECRETARY:   Calendar Number 


                                                               1599

 1   665, Senate Print 8414, by Senator Bailey, an act 

 2   to amend the Criminal Procedure Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the 30th day after it 

 7   shall have become a law.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   666, Senate Print 8415, by Senator Bailey, an act 

18   to repeal subdivision 4 of Section 240.35 of the 

19   Penal Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               1600

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Ortt to explain his vote.

 4                SENATOR ORTT:   Thank you, 

 5   Mr. President.  

 6                I'll be brief.  I'm going to vote in 

 7   the negative on this bill.  

 8                The Governor already has issued an 

 9   executive order that repeals this provision 

10   during the pandemic.  To repeal this provision 

11   permanently beyond the pandemic I think is 

12   completely unnecessary and in fact dangerous, 

13   when you consider the fact that we're going to 

14   allow loitering with a mask in a public place.  

15                I can't imagine, outside of this 

16   pandemic, why we would ever want to do that or 

17   why we would do that from a public safety 

18   standpoint.  And certainly if you were to talk to 

19   our folks in law enforcement, they would tell you 

20   that this law is only to going to make their job 

21   much more difficult.  

22                And I want to just point to some 

23   historic facts.  These mask laws -- or this mask 

24   law, I guess, specifically -- dates back to 

25   New York's land riots of the 1840s and was later 


                                                               1601

 1   used by chapters of the Ku Klux Klan and other 

 2   groups for purposes of intimidation.  In fact in 

 3   2004 it was the Second U.S. Court of Appeals that 

 4   ruled the law did not violate free speech rights 

 5   of supremacist groups such as the Ku Klux Klan.  

 6   That overturned a previous district judge's 

 7   decision that found the state law violated the 

 8   First Amendment rights of the Butler, 

 9   Indiana-based church of the American Knights of 

10   the Ku Klux Klan.

11                So just consider that for a second, 

12   that this law has been upheld to prevent people 

13   from using it to intimidate minorities or others.  

14   And now, for some reason which is beyond my 

15   ability to understand, we're going to permanently 

16   repeal or revoke this law.  Which I think is 

17   dangerous and very, very much misguided.  

18                And for those reasons, 

19   Mr. President, I will be in the negative.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Ortt to be recorded in the negative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 666, those Senators voting in the 

25   negative are Senators Addabbo, Akshar, Amedore, 


                                                               1602

 1   Borrello, Boyle, Brooks, Flanagan, Funke, 

 2   Gallivan, Gaughran, Griffo, Helming, Jacobs, 

 3   Jordan, Lanza, LaValle, Little, Martinez, O'Mara, 

 4   Ortt, Ranzenhofer, Ritchie, Robach, Savino, 

 5   Serino, Seward and Tedisco. 

 6                Ayes, 35.  Nays, 27.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   667, Senate Print 8416, by Senator Metzger, an 

11   act to amend the Public Health Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Senator Metzger to explain her vote.

21                SENATOR METZGER:   Thank you, 

22   Mr. President.

23                I rise to thank our leader for 

24   moving this important bill forward that amends 

25   Public Health Law to expand the definition of 


                                                               1603

 1   telemedicine to include video-only and, 

 2   importantly, audio-only services.

 3                During this pandemic, we have relied 

 4   hugely on telemedicine, which is a great 

 5   alternative if you have it.  But if you don't 

 6   have access to broadband and if you don't own a 

 7   computer, you don't have access to those 

 8   services.  

 9                And it puts many people in my 

10   district, in my very rural district, at a 

11   disadvantage.  I have school districts where 

12   20 percent of the families don't have access to 

13   broadband.

14                So this will greatly expand access 

15   to affordable telemedicine services by allowing 

16   the telephone to be used both for mental health 

17   and physical health needs.  

18                It is an important immediate step 

19   we're taking right now, but we absolutely also 

20   have to move forward and close the digital divide 

21   that continues to exist in New York on rural 

22   broadband, between urban and rural areas.  This 

23   is a top priority.  We have to do this.

24                Thank you very much.

25                ACTING PRESIDENT BENJAMIN:    


                                                               1604

 1   Senator Metzger to be recorded in the 

 2   affirmative.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 667, voting in the negative:  

 6   Senator Lanza.

 7                Ayes, 61.  Nays, 1.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 668 

11   is high and will be laid aside for the day.

12                Calendar Number 669 is high and will 

13   be laid aside for the day.

14                Calendar Number 670 is high and will 

15   be laid aside for the day.

16                Calendar Number 671 is high and will 

17   be laid aside for the day.

18                Senator Gianaris, that completes the 

19   reading of today's supplemental calendar.

20                SENATOR GIANARIS:   Mr. President, 

21   at this time can we take up the controversial 

22   calendar.  

23                We're going to do it slightly out of 

24   order, so let us begin with Calendar 641.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1605

 1   Secretary will ring the bell.  

 2                The Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   641, Senate Print 8113A, by Senator Parker, an 

 5   act to amend the Public Service Law.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Gallivan, why do you rise?

 8                SENATOR GALLIVAN:   Mr. President, I 

 9   believe there's an amendment at the desk.  I 

10   waive the reading of that amendment, and I would 

11   like to be heard on it.

12                ACTING PRESIDENT BENJAMIN:   Thank 

13   you, Senator Gallivan.  

14                Upon review of the amendment, in 

15   accordance with Rule 6, section 4B, I rule it 

16   nongermane and out of order at this time.

17                SENATOR GALLIVAN:   Accordingly, I 

18   appeal the chair's ruling, Mr. President, and ask 

19   to be recognized.

20                ACTING PRESIDENT BENJAMIN:   That 

21   appeal has been made and recognized and, Senator 

22   Gallivan, you may be heard.

23                SENATOR GALLIVAN:   Out of respect 

24   for others in the chamber, I thought I would come 

25   over here, if that's all right.  You got the 


                                                               1606

 1   microphone?  All right.  

 2                Thank you, Mr. President.

 3                This bill resolution is germane as 

 4   it relates to states of emergency and appropriate 

 5   legislative response.  Our proposed legislation 

 6   would amend the Executive Law in relation to the 

 7   length of time of a state disaster emergency 

 8   declaration.  

 9                The proposal would impose a maximum 

10   of 30 days for a disaster declaration by the 

11   Executive.  Any continuation of the declaration 

12   and the suspension of laws would require 

13   legislative approval as exists elsewhere in the 

14   United States.  All declarations would be in 

15   force for no more than 30 days without the 

16   approval of the Legislature.

17                Residents, through their elected 

18   representatives in Albany, would have greater 

19   participation in the process of how to close and 

20   reopen, for instance, a particularly important 

21   consideration in light of a potential second wave 

22   of the COVID-19 pandemic.

23                The bill also requires the Governor 

24   to transmit weekly reports to the Legislature 

25   during an emergency declaration and mandates 


                                                               1607

 1   communication by the Executive with the parties 

 2   affected by a suspension of laws during a state 

 3   disaster emergency.

 4                The inconsistency that has occurred 

 5   in relation to determining what is open and what 

 6   is essential versus that which is closed and 

 7   nonessential has proven chaotic and 

 8   contradictory, leading to unnecessary confusion 

 9   amongst employers, employees, and residents.  

10                By requiring the Governor to solicit 

11   input from local governments, school districts, 

12   individuals, businesses, associations and other 

13   parties affected by suspended laws and other 

14   executive actions, the confusion and 

15   inconsistency surrounding executive orders can be 

16   greatly reduced.  

17                The weekly reports being proposed in 

18   the bill could have led to significant 

19   improvements in how to properly assist nursing 

20   homes or make improvements to the unemployment 

21   benefits system, which have been a source of 

22   frustration and heartache for many of our 

23   constituents.  

24                The New York State Constitution, 

25   just as the United States Constitution, was 


                                                               1608

 1   established using the principle of separation of 

 2   powers in order to ensure the three branches of 

 3   government, including the Legislature, were able 

 4   to function equally to provide a system of checks 

 5   and balances for our citizens.

 6                Throughout the COVID-19 pandemic, 

 7   the Governor has suspended more than 250 laws.  

 8   While the New York State Constitution grants the 

 9   Executive this authority under a statutorily 

10   enacted state disaster emergency declaration 

11   which was expanded in early March, the frequent 

12   and sweeping nature with which certain provisions 

13   of law have been suspended or extended since then 

14   is alarming, especially considering that the 

15   State Constitution also establishes that the 

16   power to create laws rests with the Legislature.

17                Executive orders should never be 

18   used to circumvent the legislative process or 

19   limit the input of elected representatives.  This 

20   bill ensures the Legislature's rightful role as a 

21   coequal branch of government during a state 

22   disaster emergency declaration by making the 

23   Governor's actions subject to review.

24                This does not prevent the Executive 

25   from doing what he or she feels is necessary to 


                                                               1609

 1   keep the people of New York safe.  Rather, it 

 2   ensures the system of checks and balances 

 3   intended by our Constitution.

 4                For these reasons, Mr. President, I 

 5   ask that you reconsider and rule this resolution 

 6   germane.

 7                ACTING PRESIDENT BENJAMIN:   Thank 

 8   you, Senator Gallivan.  

 9                I want to remind the house that the 

10   vote is on the procedures of the house and the 

11   ruling of the chair.  

12                Those in favor of overruling the 

13   chair signify by saying aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT BENJAMIN:    

16   Opposed, nay.

17                (Response of "Nay.")

18                ACTING PRESIDENT BENJAMIN:   The 

19   ruling of the chair stands, and the bill-in-chief 

20   is before the house.

21                Are there any other Senators wishing 

22   to be heard?

23                Seeing and hearing none, debate is 

24   closed.  The Secretary will ring the bell.

25                Read the last section.


                                                               1610

 1                THE SECRETARY:   Section 5.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 641, those Senators voting in the 

10   negative are Senators Funke, Helming, Lanza and 

11   Ortt.

12                Ayes, 58.  Nays, 4.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                Senator Gianaris.

16                SENATOR GIANARIS:   Mr. President, 

17   just to clarify, I think that was the results on 

18   Calendar 641, is that correct?

19                ACTING PRESIDENT BENJAMIN:   Yes, 

20   that is correct, Senator Gianaris.

21                SENATOR GIANARIS:   Okay, thank you.  

22   I think it may have been someone misspoke. 

23                So that was 641.  And now can we 

24   next take up Calendar 654.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1611

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   654, Senate Print 8275A, by Senator Martinez, an 

 4   act to amend the Labor Law.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Gallivan, why do you rise?

 7                SENATOR GALLIVAN:   Mr. President, I 

 8   believe there's an amendment at the desk.  I 

 9   waive the reading of that amendment and ask that 

10   Senator Helming be recognized and be heard.

11                ACTING PRESIDENT BENJAMIN:   Thank 

12   you, Senator Gallivan.

13                Upon review of the amendment, in 

14   accordance with Rule 6, Section 4B, I rule it 

15   nongermane and out of order at this time.

16                SENATOR GALLIVAN:   Accordingly, I 

17   appeal the chair's ruling, Mr. President, and ask 

18   that Senator Helming be recognized.

19                ACTING PRESIDENT BENJAMIN:   The 

20   appeal has been made and recognized, and 

21   Senator Helming may be heard.

22                SENATOR HELMING:   Thank you, 

23   Mr. President.

24                Mr. President, I'd like to begin by 

25   saying it's great to see you.  I am going to 


                                                               1612

 1   remove my mask now.  I have received messages 

 2   from people in my community in the deaf community 

 3   who are interested in observing and attempting to 

 4   read my lips.  So I will be removing my mask.  

 5                I believe that both bills are 

 6   dealing with unemployment insurance, and this 

 7   bill is germane.  We are in the midst of an 

 8   international health crisis, and this has tested 

 9   the resiliency of every single one of us.  To the 

10   families that have been affected by COVID-19, to 

11   the loved ones that we've all lost, to our 

12   essential workers, we are all with you.

13                But as legislators, we cannot ignore 

14   that this is also an economic crisis.  Whether 

15   it's our agricultural community, manufacturing, 

16   Main Street retail stores, healthcare, education, 

17   local government or our important tourism 

18   industry, every single sector has been hit hard 

19   by the COVID pandemic.

20                According to the Small Business 

21   Administration, more than 81,000 federal PPP 

22   loans have been issued in New York, totaling more 

23   than $20 billion.  While this may provide some 

24   temporary relief, these businesses have had their 

25   incomes limited or completely shut off.  


                                                               1613

 1                Local businesses are at or past 

 2   their breaking point, and the burdens associated 

 3   with the pandemic are in addition to the already 

 4   high cost of doing business New York State.  As 

 5   legislators, we have a real opportunity to 

 6   improve the current business climate.  This 

 7   begins by setting aside partisan politics and 

 8   providing much-needed relief to small businesses, 

 9   schools, and our healthcare providers so they can 

10   safely reopen.  

11                During a recent legislative hearing 

12   hosted by the Senate Commerce, Economic 

13   Development and Small Business Committee, 

14   numerous small business owners from every 

15   certainly single corner of this state, as well as 

16   organizations representing businesses such as the 

17   National Federation of Independent Businesses, 

18   chambers of commerce and many others, strongly 

19   requested the Legislature take action to hold the 

20   cost on unemployment insurance.  

21                The bill before us right now, S8249, 

22   would do exactly that by excluding unemployment 

23   charges caused by the impact of COVID-19 from 

24   being used to calculate an employer's experience 

25   rating.  This bill would take the important step 


                                                               1614

 1   of ensuring businesses do not face higher 

 2   insurance premiums because of unemployment claims 

 3   caused by the COVID-19 crisis.  

 4                This is not a partisan bill.  Both 

 5   majority and minority members support assisting 

 6   small businesses in this manner.  Yet despite the 

 7   support, despite the pleas we heard during that 

 8   hearing and the calls to our offices every single 

 9   day from businesses asking that we do everything 

10   we can to protect them from increasing 

11   unemployment costs as a result of the pandemic, 

12   the package of bills the majority members chose 

13   to put forward does not address this issue.  In 

14   fact, it does little to help our state's job 

15   creators and their employees.  

16                But it's not too late for the 

17   majority to reverse course and use this 

18   opportunity to deliver real relief to get our 

19   economy moving again and people safely back to 

20   work.  Now is the time to offer our small 

21   businesses this assistance.  

22                I strongly encourage my colleagues 

23   to show your support for businesses all across 

24   the state by voting yes, that this is germane.  

25                ACTING PRESIDENT BENJAMIN:   Thank 


                                                               1615

 1   you, Senator Helming.

 2                I want to remind the house that the 

 3   vote is on the procedures of the house and the 

 4   ruling of the chair.  

 5                Those in favor of overruling the 

 6   chair signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT BENJAMIN:    

 9   Opposed, nay.

10                (Response of "Nay.")

11                ACTING PRESIDENT BENJAMIN:   The 

12   ruling of the chair stands, and the bill-in-chief 

13   is before the house.

14                Are there any other Senators wishing 

15   to be heard?  Seeing and hearing none, debate is 

16   closed.

17                The Secretary will ring the bell.

18                Read the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Senator Helming to explain her vote.


                                                               1616

 1                SENATOR HELMING:   Thank you, 

 2   Mr. President.

 3                Our focus should be on providing 

 4   assistance to those who are legally entitled to 

 5   unemployment insurance, people like independent 

 6   contractors, beauticians and barbers, who have 

 7   paid into the system and who through no fault of 

 8   their own are now out of work.

 9                For many of these hardworking 

10   New Yorkers, their claims have gone unresolved 

11   for months.  I agree with the statement in the 

12   sponsor's memo that says a key way we can help is 

13   by quickly providing unemployment benefits.  But 

14   this legislation fails to deliver to those who 

15   have followed the rules.  Instead, this 

16   legislation is focused on timely payments to 

17   people who have made false representations and 

18   basically cheated the system.  

19                For this reason, I am opposed to 

20   this bill and I strongly encourage the majority 

21   to bring to the floor legislation that supports 

22   getting payments out to the honest, hardworking 

23   citizens who have gone months without their 

24   unemployment insurance that they're entitled to.  

25                I vote no, Mr. President.


                                                               1617

 1                ACTING PRESIDENT BENJAMIN:    

 2   Senator Helming to be recorded in the negative.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 654, those Senators voting in the 

 6   negative are Senators Akshar, Borrello, Boyle, 

 7   Gallivan, Griffo, Helming, Jacobs, Jordan, Lanza, 

 8   Little, O'Mara, Ortt, Savino and Tedisco.

 9                Ayes, 48.  Nays, 14.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                Senator Gianaris.

13                SENATOR GIANARIS:   Mr. President, 

14   at this time can we move to Calendar 649.

15                ACTING PRESIDENT BENJAMIN:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   649, Senate Print 8192B, by Senator Hoylman, an 

19   act in relation to prohibiting the eviction of 

20   residential tenants who have suffered financial 

21   hardship during the COVID-19 covered period.

22                ACTING PRESIDENT BENJAMIN:    

23   Senator -- Senator -- Senator Amedore.

24                SENATOR AMEDORE:   Thank you, 

25   Mr. President.


                                                               1618

 1                Will the sponsor give an explanation 

 2   of this bill?

 3                ACTING PRESIDENT BENJAMIN:   Are you 

 4   asking the sponsor to yield for a question?

 5                SENATOR AMEDORE:   Will the sponsor 

 6   yield?

 7                ACTING PRESIDENT BENJAMIN:   Will 

 8   the sponsor yield?

 9                SENATOR HOYLMAN:   Yes, 

10   Mr. President.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.

13                SENATOR HOYLMAN:   Mr. President, we 

14   know that in this unprecedented time which has 

15   had an enormous and tragic impact on so many 

16   Americans -- close to 100,000 deaths, and 

17   thousands of New Yorkers as well -- that there's 

18   been also a cascading effect involving job loss 

19   and economic hardship.  

20                On May 21st, 38.6 million jobs had 

21   been reported lost, and that number continues to 

22   grow despite states across the nation gradually 

23   reopening.  We know that in the State of New 

24   York, we're looking at job losses of $1 million 

25   to $2 million.  


                                                               1619

 1                And you think about the perfect and 

 2   tragic storm that might exist for one of my 

 3   constituents or one of my colleague's 

 4   constituents, where you're sick, you're caring 

 5   for a loved one, somebody may have died in your 

 6   family, you're trying to homeschool, you're 

 7   unemployed, and you're worried about 

 8   eviction.

 9                Well, that's what this bill tries to 

10   alleviate in at least one regard, Mr. President.  

11   This bill would prohibit courts from evicting 

12   residential tenants who have suffered financial 

13   hardship through no fault of their own because of 

14   COVID-19, during a covered period, for nonpayment 

15   of rent that accrues or becomes due during this 

16   referenced period.  

17                It does not, Mr. President, prohibit 

18   a court from awarding a money judgment for the 

19   rent due and owed by the tenant.

20                The COVID-19 covered period starts 

21   at March 7, 2020, through the yet determined 

22   date -- because we are still in the middle of 

23   this pandemic, Mr. President -- on which none of 

24   the provisions closing or otherwise restricting 

25   public or private businesses or places of public 


                                                               1620

 1   accommodation or requiring postponement or 

 2   cancellation of nonessential gatherings of 

 3   individuals of any of size are still in effect.

 4                Shorthand, Mr. President, the 

 5   provisions last through the end of the "New York 

 6   on PAUSE" order.

 7                SENATOR AMEDORE:   Mr. President, 

 8   will the sponsor yield for a couple of questions?  

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield?  

11                SENATOR HOYLMAN:   Yes, 

12   Mr. President.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR AMEDORE:   Through you, 

16   Mr. President, does this bill allow for an 

17   eviction proceeding if a tenant does not have a 

18   hardship due to the pandemic, or does this cover 

19   just the pandemic period?

20                SENATOR HOYLMAN:   Through you, 

21   Mr. President, this bill specifically applies to 

22   financial hardship due to COVID-19.

23                SENATOR AMEDORE:   Through you, 

24   Mr. President, will the sponsor continue to 

25   yield?  


                                                               1621

 1                ACTING PRESIDENT BENJAMIN:   Does 

 2   the sponsor yield?  

 3                SENATOR HOYLMAN:   Yes, 

 4   Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   sponsor yields.

 7                SENATOR AMEDORE:   What is a 

 8   financial hardship?  Can you give us a definition 

 9   in this bill?  

10                SENATOR HOYLMAN:   Yes, 

11   Mr. President, through you.  

12                This bill would rely on a court 

13   making that determination through a number of 

14   factors.  It would first ensure that the defense 

15   for -- under this bill would apply only to the 

16   COVID-19 period as I described it, and would 

17   ensure that the factors that a court would look 

18   at would -- to determine financial hardship would 

19   be consideration of the tenant's income prior to 

20   and during the COVID-19 covered period, the 

21   tenant's liquid assets, and the tenant's 

22   eligibility for and receipt of various social 

23   safety net programs, including SNAP, SSI, cash 

24   assistance, HEAP, or unemployment insurance.

25                SENATOR AMEDORE:   Through you, 


                                                               1622

 1   Mr. President, will the sponsor continue to 

 2   yield?  

 3                ACTING PRESIDENT BENJAMIN:   Does 

 4   the sponsor yield?  

 5                SENATOR HOYLMAN:   Yes, 

 6   Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.

 9                SENATOR AMEDORE:   Does this bill 

10   limit a judge to determine the hardship by a 

11   factor of one, only using one of the criteria 

12   that you have listed or just read off during a 

13   proceeding?  

14                SENATOR HOYLMAN:   Through you, 

15   Mr. President, no.  It would be the totality of 

16   factors.  

17                As stated in the bill, a tenant or 

18   lawful occupant may raise financial hardship 

19   during the COVID-19 period as a defense in 

20   determining whether a tenant or lawful occupant 

21   suffered a financial hardship during the covered 

22   period, the court shall consider among other 

23   relevant factors that I stated earlier.

24                SENATOR AMEDORE:   Through you, 

25   Mr. President, will the sponsor continue to 


                                                               1623

 1   yield?  

 2                ACTING PRESIDENT BENJAMIN:   Does 

 3   the sponsor yield?

 4                SENATOR HOYLMAN:   Yes, 

 5   Mr. President.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   sponsor yields.

 8                SENATOR AMEDORE:   I believe you 

 9   said, Senator Hoylman, that the period of time of 

10   this bill would last during the "New York on 

11   PAUSE" executive order, is that correct?  

12                SENATOR HOYLMAN:   Well, it's -- 

13   perhaps I'm a little inaccurate about that.  It's 

14   not the Governor's -- that -- that -- through 

15   you, Mr. President, that statement is not in the 

16   bill.  In effect, that is the case, but it would 

17   really delineate that period based on the 

18   openings of the businesses and allowance of 

19   gatherings.  That technically is not "New York on 

20   PAUSE," but in effect it's very similar.

21                So it is possible, Mr. President, to 

22   have a regional disparate application of this 

23   bill.

24                SENATOR AMEDORE:   Mr. President, 

25   would the sponsor continue to yield?  


                                                               1624

 1                ACTING PRESIDENT BENJAMIN:   Does 

 2   the sponsor yield?

 3                SENATOR HOYLMAN:   Yes.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   sponsor yields.

 6                SENATOR AMEDORE:   So as the 

 7   sponsor, Senator Hoylman, mentioned about a 

 8   regional approach -- and obviously it's not 

 9   really linked, then, to the "New York on PAUSE" 

10   executive order, which is the order that shut 

11   down the economy in the State of New York, which 

12   then the negative effect of that was people 

13   losing jobs, not having income coming in, and 

14   maybe then not paying their rent payment or their 

15   mortgages.  I don't know why you would have that 

16   not be linked to that exact date, but that's not 

17   my question.

18                Through you, Mr. President, if you 

19   take -- as you say, Senator Hoylman, a regional 

20   approach -- let's just say that in some of these 

21   regions, and as New York State reopens in various 

22   phases, and if we were in the last phase of 

23   Phase 4 of reopening and some of the regions had 

24   a full reopen and others did not and there was a 

25   sporting-event venue that could occur with a 


                                                               1625

 1   large gathering, would this bill prohibit that 

 2   region and landlords of collecting rent or not 

 3   being able to evict a tenant?

 4                SENATOR HOYLMAN:   Through you, 

 5   Mr. President.  According to the statute, 

 6   Section 1, the period would last until -- 

 7   beginning March 7th until the date on which none 

 8   of the provisions that closed or otherwise 

 9   restricted public or private businesses or places 

10   of public accommodation or gatherings for any 

11   size continue to exist in this specific county.

12                So if the -- if my colleague's 

13   question is would the limitation on gatherings 

14   mean that this statute would still be in effect 

15   in the scenario that he presented, the answer is 

16   yes.

17                SENATOR AMEDORE:   Mr. President, 

18   will the sponsor continue to yield?  

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield? 

21                SENATOR HOYLMAN:   Yes, 

22   Mr. President.

23                ACTING PRESIDENT BENJAMIN:   The 

24   sponsor yields.

25                SENATOR AMEDORE:   So if that was 


                                                               1626

 1   the case in a long, drawn-out, slow reopening, 

 2   and then areas of the state not being able to 

 3   reopen fully, this bill would then prohibit a 

 4   landlord evicting a tenant based on not being 

 5   paid, based on what you determine financial 

 6   hardship during -- not caused by, because it 

 7   doesn't say that in the bill -- but during this 

 8   COVID-19 period.  

 9                So -- Mr. President, through you -- 

10   Senator Hoylman, why did you not put a specific 

11   date, then, in this bill and then link it to the 

12   cause of the pandemic?

13                SENATOR HOYLMAN:   Through you, 

14   Mr. President.  The only thing that landlords are 

15   going to lose in this bill is the right to throw 

16   a tenant out onto the street because of 

17   COVID-related economic hardship during the period 

18   covered.  

19                And the bill acknowledges that the 

20   opening of our state is a phased-in process that 

21   has, we've witnessed in the last few weeks, a 

22   different timetable for different areas.  And 

23   that is why we have chosen to use a criteria that 

24   is based on "New York on PAUSE."

25                SENATOR AMEDORE:   Through you, 


                                                               1627

 1   Mr. President, would the sponsor yield for a 

 2   question?  

 3                ACTING PRESIDENT BENJAMIN:   Does 

 4   the sponsor yield? 

 5                SENATOR HOYLMAN:   Yes, 

 6   Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.

 9                SENATOR AMEDORE:   So, Senator 

10   Hoylman, I think what you're saying is if a 

11   constituent -- any of our constituents -- during 

12   this period of COVID-19 didn't lose their job, 

13   was still able and fortunate to work, and maybe 

14   suffered some type of financial hardship because 

15   maybe the stock market went down or maybe they 

16   just got divorced, they wouldn't have to pay 

17   their rent, under this bill, and then they 

18   wouldn't have to be -- they wouldn't get evicted?

19                SENATOR HOYLMAN:   Through you, 

20   Mr. President, the -- this bill is specifically 

21   related to COVID-19 hardship.  That would be for 

22   the judge's determination.  

23                I think it is important to note that 

24   the landlord loses nothing.  He or she still has 

25   the ability to issue a money judgment.  They'll 


                                                               1628

 1   be paid in full as the court so directs.  

 2                We're just extending a hand of 

 3   humanity during this crisis, Mr. President.  This 

 4   is not landlords versus tenants.  This is about 

 5   New Yorkers helping each other through an 

 6   unprecedented health and economic hardship.

 7                SENATOR AMEDORE:   Mr. President, on 

 8   the bill.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Amedore on the bill.

11                SENATOR AMEDORE:   I want to thank 

12   the sponsor of the bill for indulging some of the 

13   questions and some of the answers.  That though 

14   he is a very educated person, a man who 

15   understands law as well as I'm sure he serves his 

16   constituents in the finest manner, and I consider 

17   him a friend.  In this case, though, I dare to 

18   differ in some of the thinking behind this.

19                I will agree that what he said about 

20   being kind and courteous and generous -- in a 

21   time of need, we need to all be showing more 

22   charity to one another.  And I know that there's 

23   a lot of landlords out there who have -- who do 

24   that and who have already demonstrated all of 

25   that during this period of time.


                                                               1629

 1                The Executive -- the Governor laid 

 2   out in his executive order this moratorium or a 

 3   time period that there will be no evictions in 

 4   the State of New York because of this crisis.  

 5                A bill like this goes -- it could 

 6   maybe seem like a feel-good bill or it sounds 

 7   like maybe the majority is trying to do -- or the 

 8   Legislature is trying to do something.  But 

 9   there's already protections in the State of 

10   New York on every single tenant in the State of 

11   New York right now.

12                This bill goes beyond that.  This 

13   bill takes away anybody's ability who may own a 

14   two-family home and rents upstairs or downstairs 

15   and lives on one of the floors themselves and may 

16   not be able to evict after this executive order 

17   is removed, based on not being paid.

18                To limit the financial factors or 

19   the hardship here not being defined in -- and -- 

20   and defined it such that it is COVID-related and 

21   caused by the pandemic, to me is just ludicrous.  

22   This sounds like, to me, an open door to just 

23   telling millions of tenants in the State of 

24   New York:  You know what, you don't have to pay 

25   your rent.  Just claim that you got financial 


                                                               1630

 1   hardship.  You lost some money somewhere, some 

 2   liquid assets somewhere -- or maybe you've gone 

 3   through a change of life and I want to live in 

 4   this apartment, I like this address, but I'm not 

 5   paying my landlord and I'm not going to be able 

 6   to get evicted.

 7                This is not the message that we 

 8   should be sending.  As a matter of fact, this is 

 9   not the bill that we should be doing.

10                You want to be able to give help to 

11   everyone in a time of need that we all are in and 

12   under?  Then it's a matter of how we can 

13   strengthen the economy, how we can make New York 

14   more affordable, how can the landlords pay for 

15   the property taxes and the insurances and the 

16   costs to operate and all the CAM charges that 

17   happens within that property.

18                And how can we put all of those 

19   residents in these buildings, in these 

20   structures, to work again?  Not live on a social 

21   welfare program to be their source of income, but 

22   to go back and earn a living wage that they all 

23   so chose and want to do.  We need to do better 

24   than this, because this bill will lead to, ah, we 

25   don't have to pay the rent, and I can live here 


                                                               1631

 1   as long as I want.  

 2                Let's not take advantage of an 

 3   already bad situation in a crisis.  Because 

 4   there's a lot of good landlords and there's a lot 

 5   of good tenants that have worked things out, and 

 6   they have extended payments or made provisions to 

 7   still live in the building or in the apartment, 

 8   in the residence, that they just can't afford 

 9   right now because of hardship.

10                So, Mr. President, I believe that 

11   there are better -- there is a better way to do 

12   this, and one that we can show charity and love 

13   and respect to our neighbor, to our tenant, and 

14   to all the small businesses.  But without the 

15   lack of definition, without the lack of dates and 

16   taking and limiting judges' determinations of 

17   hardship here, I cannot support this bill.  

18                I'll be voting in the negative.

19                Thank you, Mr. President.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Boyle.

22                SENATOR BOYLE:   Mr. President, will 

23   the sponsor yield for a couple of questions?  

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield?  


                                                               1632

 1                SENATOR HOYLMAN:   Yes, 

 2   Mr. President.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   sponsor yields.

 5                SENATOR BOYLE:   Thank you.  Through 

 6   you, Mr. President.

 7                Senator Hoylman, I truly appreciate 

 8   the good nature and good heart that you have 

 9   bringing this bill forward.  But I think I have 

10   some of the same issues with this as my colleague 

11   Senator Amedore.  

12                You mentioned -- I hope you didn't 

13   misspeak -- that you said this was for financial 

14   hardships due to the COVID outbreak.  Page 1, 

15   line 14 of the bill clearly says "No court shall 

16   issue a warrant of eviction or judgment of 

17   possession against a residential tenant or other 

18   lawful occupant that has suffered financial 

19   hardship during" -- during -- "the COVID-19 

20   covered period."  Not due to, but during.

21                Now, I know my colleague Senator 

22   Amedore mentioned you might have had a loss in 

23   the stock market.  I could see a court saying 

24   that was due to the hardship, the financial 

25   pandemic crisis.  What if I decided to go and let 


                                                               1633

 1   it ride at some casino down south that I found 

 2   open -- lost everything, can't pay my rent, but 

 3   it's during the pandemic, next week?  Should I be 

 4   able to not pay my rent?  It's during the period, 

 5   according to this bill.  

 6                SENATOR HOYLMAN:   {Unintelligible}.  

 7   I swallowed my words because of the face mask.  

 8   But we certainly don't want to overburden courts.

 9                Could the -- could the -- I'm having 

10   a hard time hearing.  Could the -- could my 

11   colleague restate his question?  

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Boyle, can you repeat your question?  

14                SENATOR BOYLE:   I simply want to 

15   know that -- so you're saying any financial 

16   hardship during, not necessarily due to.  Again, 

17   if I went -- next week went down and bet in a 

18   casino everything I have and lost, and I was 

19   unable to pay my rent due to financial hardship 

20   of my own doing, I should not have to pay my 

21   rent, is that correct, according to this law -- 

22   this bill?

23                SENATOR HOYLMAN:   Through you, 

24   Mr. President.  You do have to pay your rent.  

25                And I have to contest my -- your 


                                                               1634

 1   colleague's description that New Yorkers are 

 2   going to say, I don't have to pay my rent.  In 

 3   fact, it's very clear in the last section -- 

 4   Section 3 of the bill says it doesn't prohibit at 

 5   all courts from awarding money judgments due to 

 6   rent owed.

 7                So the whole point of this bill is 

 8   that you gotta pay your rent.  And -- but the 

 9   ancillary and important component is that if 

10   you've suffered economic hardship during the 

11   period, as determined by a court, then you will 

12   not be evicted for that rent owed.  Only during 

13   that period.

14                SENATOR BOYLE:   Through you, 

15   Mr. President.

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield?  

18                SENATOR HOYLMAN:   Yes.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.

21                SENATOR BOYLE:   I misspoke.  You do 

22   have to pay your rent --

23                SENATOR HOYLMAN:   {Inaudible.}

24                SENATOR BOYLE:  You would have to 

25   pay your rent.  It may be a year or two down the 


                                                               1635

 1   road.  But I could not be evicted if I went next 

 2   week and gambled all my money away and could not 

 3   pay the rent.  The landlord said, "Hey, Phil, I 

 4   heard you were down in Vegas last week and lost 

 5   all your money.  Can you pay me?  Otherwise I'm 

 6   going to start an eviction proceeding."  I'll 

 7   say, "No, you can't, because I have no money.  I 

 8   had financial hardships during the pandemic.  

 9   Come see me after it's over."

10                SENATOR HOYLMAN:   Through you, 

11   Mr. President.

12                The landlord would be able to get 

13   that money judgment right away.  Nothing 

14   prohibits a landlord from receiving his or her 

15   money judgment for rent owed for whatever reason.

16                The only issue is that if a court 

17   determined that an individual's economic position 

18   was caused by COVID-19 during the period that we 

19   are discussing, then that individual could not be 

20   evicted.

21                SENATOR BOYLE:   Mr. President, on 

22   the bill.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Boyle on the bill.

25                SENATOR BOYLE:   I think that the 


                                                               1636

 1   difference between "during" and "due" is 

 2   monumental.  

 3                I can certainly support the idea and 

 4   obviously want to help those individuals who are 

 5   suffering financial hardships due to the COVID 

 6   crisis.  That's what we should be there for.  But 

 7   not anybody who suffers financial hardship 

 8   through their own cause, their own fault, during 

 9   this period.

10                The other issue I have, 

11   Mr. President, with this bill is, as my colleague 

12   Senator Amedore said, the end period.  We're 

13   going to wait until the very last executive order 

14   regarding this pandemic, and that could be -- I 

15   hate to -- I would love to see, and I hope there 

16   is, I pray there is, a vaccine next week and it's 

17   all over.  But right now I'm thinking we may not 

18   see full football arenas or hockey stadiums or 

19   maybe the Mets playing for another year or two.

20                So are people not going to be 

21   evicted for two years?  This is what I'm talking 

22   about.  You are going to create a rental crisis.  

23   And I'll give you the perfect example.  It 

24   happened literally this morning.  I was talking 

25   to a constituent of mine, she called and said 


                                                               1637

 1   they had the two-family house, renters lived 

 2   upstairs.  Tragically, one of them died, 37 years 

 3   old, from COVID.  His partners had to leave, 

 4   couldn't afford the rent anymore.  She said, "Now 

 5   we have to find another tenant.  However, there's 

 6   no way I'm going to rent this place, because that 

 7   person could be there for two years and not pay 

 8   their rent, and I cannot evict them."  That's one 

 9   person in this case.

10                I understand a lot of the colleagues 

11   from New York City think all these landlords are 

12   billionaires and multi-multi-millionaires, these 

13   are the big bad people that we have to protect 

14   the little folks against.  We do want to protect 

15   renters.  But by keeping this open-ended, we're 

16   going to stop people from renting in New York 

17   State.  

18                No one is going to rent their 

19   multi-family dwelling, their apartment complex, 

20   if they think that their tenants potentially 

21   could live there for more than a year and they 

22   can't evict them if they do not pay rent.  It's 

23   going to create the crisis.  

24                Well-intentioned, but I see 

25   unintended consequences with this piece of 


                                                               1638

 1   legislation.  And that is the reason, 

 2   Mr. President, that I have to vote in the 

 3   negative.

 4                ACTING PRESIDENT BENJAMIN:   Are 

 5   there any other Senators wishing to be heard?  

 6                Seeing and hearing none, debate is 

 7   closed.

 8                The Secretary will ring the bell.

 9                Read the last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Hoylman to explain his vote.

17                SENATOR HOYLMAN:   Thank you, 

18   Mr. President.

19                I wanted to thank my colleagues, 

20   Senate Leader Andrea Stewart-Cousins in 

21   particular, for their support of the Tenant Safe 

22   Harbor Act; my Assembly sponsor, Assemblymember 

23   Dinowitz; and my Senate co-prime sponsor, 

24   Senator Liz Krueger, who was working on this bill 

25   with me.


                                                               1639

 1                Let me first say that, you know, the 

 2   characterization that this is going to cause a 

 3   rent crisis I think is inaccurate.  I believe 

 4   that something that has not been mentioned is the 

 5   fact that if a landlord views a tenant as, you 

 6   know, not paying rent, he or she doesn't have to 

 7   renew their lease and can have a holdover 

 8   proceeding in connection with that.

 9                Every safeguard that a landlord has 

10   to seek a money judgment and to have it within 

11   their power to renew a lease or not remains in 

12   the landlord's control, as it currently is under 

13   law.

14                But what this does, I think, 

15   Mr. President, is to address the real concern, 

16   which is this potential tsunami of eviction 

17   proceedings once the courts begin reopening.  

18   People who have lost their jobs and worried -- 

19   they're worried they're going to be evicted and 

20   forced into homelessness in the middle of a 

21   massive public health crisis.

22                And New York is at the center of 

23   this crisis.  As I said, over a million 

24   New Yorkers have been laid off or furloughed 

25   since the pandemic began.  So many of them have 


                                                               1640

 1   been reaching out to our offices desperate for 

 2   assistance.  We don't call that, you know, a 

 3   handout, we call that a hand up, because of the 

 4   circumstances that are beyond the control of 

 5   everyone, including those of us who serve in this 

 6   chamber.  

 7                And I commend Governor Cuomo for his 

 8   establishment of an eviction moratorium.  But 

 9   when that ends, we could see this tidal wave of 

10   evictions to begin in New York.

11                So that's why it's so important we 

12   pass the Tenant Safe Harbor Act today.  It's 

13   going to continue to protect tenants who have 

14   experienced financial hardship during this state 

15   of emergency.  It will prevent those tenants from 

16   being evicted for nonpayment that comes due, as 

17   long as restrictions on businesses or public 

18   gatherings are in place.  And it will allow 

19   landlords to collect and continue to accrue rent 

20   from those tenants.  

21                I think it is a very balanced 

22   approach that protects our tenants in their homes 

23   during an unprecedented crisis but also 

24   recognizes that landlords, small or large, have 

25   their own financial hardships.


                                                               1641

 1                And as we continue to fight our way 

 2   through this crisis, Mr. President, I look 

 3   forward to help from the federal government on 

 4   mortgage relief, on rental relief.  I look 

 5   forward to legislation that we're considering 

 6   tomorrow to help renters and landlords with the 

 7   payment of rent.

 8                So thank you, Mr. President.  I'm 

 9   very proud of this bill and my colleagues for 

10   their support.  I vote aye.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Hoylman to be recorded in the affirmative.

13                Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 649, those Senators voting in the 

16   negative are Senators Akshar, Amedore, Borrello, 

17   Boyle, Felder, Flanagan, Funke, Gallivan, Griffo, 

18   Helming, Jacobs, Jordan, Lanza, LaValle, 

19   Martinez, O'Mara, Ortt, Ranzenhofer, Ritchie, 

20   Robach, Serino, Seward and Tedisco.

21                Ayes, 39.  Nays, 23.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                Senator Gianaris, that completes the 

25   reading of the controversial calendar.


                                                               1642

 1                SENATOR GIANARIS:   At this time, 

 2   Mr. President, by unanimous consent, would you 

 3   recognize Senator May.

 4                ACTING PRESIDENT BENJAMIN:   Without 

 5   objection, Senator May may be recognized.

 6                SENATOR MAY:   Thank you, 

 7   Mr. President.  And thank you for allowing me to 

 8   explain my vote on a bill that passed earlier 

 9   this afternoon, Senate Bill 8181A.

10                Our Main Street businesses are the 

11   lifeblood of our communities, and they make our 

12   neighborhoods places we all want to live.  

13   They're our barber shops and our hair salons, our 

14   florists and the family restaurant where you want 

15   to celebrate your anniversary, or the craft 

16   gallery that sells the art of local artists.  

17   They need our help now, and this bill allows 

18   Industrial Development Agencies to give them 

19   resources so that they can reopen safely and 

20   successfully, to make bridge loans and to make 

21   PPE and other materials available to them.

22                So I want to thank the leadership 

23   for allowing this bill to come to a vote, my 

24   colleague in the Assembly, Al Stirpe, for 

25   sponsoring it there, and my colleagues for 


                                                               1643

 1   passing it.  Thank you.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Gianaris.

 4                SENATOR GIANARIS:   One more time.  

 5   By unanimous consent, Mr. President, can you 

 6   recognize Senator Thomas.

 7                ACTING PRESIDENT BENJAMIN:   Without 

 8   objection, Senator Thomas may be recognized.

 9                SENATOR THOMAS:   Thank you, 

10   Mr. President.  And thank you, Senator Gianaris, 

11   for allowing me to speak on S8113A, by 

12   Senator Parker.

13                I would like to thank our Majority 

14   Leader, Andrea Stewart-Cousins, for bringing this 

15   bill to the floor and to the sponsor, Senator 

16   Kevin Parker.

17                This is a very important bill to 

18   consider during this health pandemic.  Everyone 

19   should have access to utilities, as it is 

20   essential for keeping our communities safe and 

21   healthy.  For example, water is even more 

22   important now because proper hygiene is required 

23   to stop the spread of coronavirus, and everyone 

24   must have access to clean water in their homes.  

25                That is exactly why this bill is so 


                                                               1644

 1   important.  It prevents utility shutoffs during a 

 2   state of emergency, requires reconnection within 

 3   48 hours of disconnection, extends the moratorium 

 4   on utility shutoffs for 180 days beyond the state 

 5   of emergency, requires the utility to offer a 

 6   restructuring of payments owed to the utility, 

 7   and requires the utility to inform all customers 

 8   of their right to have a continued utility 

 9   service during the state of emergency.

10                This will go a long way to protect 

11   consumers.  And as chair of Consumer Protection, 

12   I want to say thank you again to Senator Parker 

13   for introducing this.

14                I vote aye.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Gianaris.

17                SENATOR GIANARIS:   Thank you, 

18   Mr. President.

19                Can we lay aside for the day 

20   Calendar 664.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill will be laid aside for the day.

23                SENATOR GIANARIS:   Is there any 

24   further business at the desk?

25                ACTING PRESIDENT BENJAMIN:   There 


                                                               1645

 1   is no further business at the desk.

 2                SENATOR GIANARIS:   I move to 

 3   adjourn until tomorrow, May 28th, at noon, 

 4   12 o'clock noon tomorrow.

 5                ACTING PRESIDENT BENJAMIN:   On 

 6   motion, the Senate stands adjourned until 

 7   tomorrow, May 28th, at noon.

 8                (Whereupon, at 2:53 p.m., the Senate 

 9   adjourned.)

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