Regular Session - May 28, 2020

                                                                   1646

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 28, 2020

11                      1:03 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  


                                                               1647

 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, 

16   Wednesday, May 27, 2020, the Senate met pursuant 

17   to adjournment.  The Journal of Tuesday, May 26, 

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                The Secretary will read the 

25   substitution.


                                                               1648

 1                THE SECRETARY:   Senator Krueger 

 2   moves to discharge, from the Committee on Rules, 

 3   Assembly Bill Number 10492 and substitute it for 

 4   the identical Senate Bill Number 8417, Third 

 5   Reading Calendar 668.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   substitution is so ordered.

 8                Messages from the Governor.

 9                Reports of standing committees.

10                Reports of select committees.

11                Communications and reports from 

12   state officers.

13                Motions and resolutions.

14                Senator Gianaris.

15                SENATOR GIANARIS:   Mr. President, 

16   at this time can we take up the reading of the 

17   calendar.

18                ACTING PRESIDENT BENJAMIN:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   644, Senate Print 8130D, by Senator Myrie, an act 

22   to amend the Election Law.

23                SENATOR GALLIVAN:   Lay it aside.

24                ACTING PRESIDENT BENJAMIN:   Lay it 

25   aside.


                                                               1649

 1                THE SECRETARY:   Calendar Number 

 2   668, Assembly Print 10492, by the Assembly 

 3   Committee on Rules, an act to amend the Local 

 4   Finance Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 668, those Senators voting in the 

16   negative are Senators Felder, Gaughran, 

17   Gounardes, Martinez, Savino and Stavisky.  

18                Ayes, 55.  Nays, 6.  {Sic}

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   670, Senate Print 8419, by Senator Kavanagh, an 

23   act in relation to --

24                SENATOR GALLIVAN:   Lay it aside.

25                ACTING PRESIDENT BENJAMIN:   Lay it 


                                                               1650

 1   aside.

 2                Senator Gianaris, that completes the 

 3   reading of today's calendar.

 4                SENATOR GIANARIS:   Thank you, 

 5   Mr. President.  Can we now take up the reading of 

 6   the controversial calendar.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   Secretary will ring the bell.  

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   644, Senate Print 8130D, by Senator Myrie, an act 

12   to amend the Election Law.

13                ACTING PRESIDENT BENJAMIN:   Oh.  

14   Oh.  Senator Borrello on the bill.

15                SENATOR BORRELLO:   Thank you, 

16   Mr. President.

17                I'm going to take my mask off 

18   because I don't want to sound like one of the 

19   parents from the Charlie Brown cartoons.  You may 

20   be old enough to recognize that joke, so.

21                You know, this bill was supposed to 

22   be put forth -- this short session was supposed 

23   to be put forth so we could address things on 

24   COVID exclusively, is what we were told.  That's 

25   why many important bills were not taken up today, 


                                                               1651

 1   so we were told.  

 2                However, this bill really elects -- 

 3   it amends Section 8-400 of the Election Law, and 

 4   it has nothing to do with COVID, essentially 

 5   because the Governor has already taken steps for 

 6   those allocations for absentee ballots for COVID.  

 7   This changes the law permanently.

 8                And so people understand what this 

 9   bill does, number one, it allows requests to be 

10   made by a voter for an absentee ballot by 

11   electronic mail or Board of Elections portal, and 

12   it eliminates the requirement for the application 

13   to be signed by the voter.  So we have 

14   applications that can be sent out without 

15   actually knowing who they came from and if 

16   they're actually at the request of the voter.  

17                It also amends the law so that a 

18   postmark for an absentee ballot can be done the 

19   day of the election.  Which may sound, on the 

20   surface, like something that should be done, 

21   except for the fact that post offices close up to 

22   three hours after the polls are closed.  I think 

23   we would all love the opportunity to bet on the 

24   Super Bowl after it's over, and that's 

25   essentially what this will allow voters to do 


                                                               1652

 1   after the polls have closed.  

 2                And, you know, I know that there's 

 3   this belief that voter fraud is a myth.  Well, 

 4   it's really not a myth.  This is a sampling, a 

 5   sampling of voter fraud cases in the United 

 6   States, Mr. President -- 1285 confirmed cases, 

 7   over a thousand criminal convictions.  That's the 

 8   myth that we're talking about, busted.

 9                First and foremost, let me also tell 

10   you that this chamber -- excuse me, this 

11   Legislature was almost a victim of voter fraud, 

12   not a hundred years ago, not fifty years ago, but 

13   actually back in 2014.  One of the -- one of 

14   those who were running for this chamber, a 

15   gentleman by the name of Hector Ramirez, pleaded 

16   guilty to one count of criminal possession of a 

17   forged instrument.  A 2014 Assembly candidate for 

18   the 86th Assembly District, he deceived voters 

19   into giving their ballots to his campaign on the 

20   false premise that the campaign would then submit 

21   the ballots.  Instead, Ramirez's campaign 

22   inserted his name on at least 35 of the absentee 

23   ballots.  Ramirez initially won the 2014 race, 

24   but then a recount determined he lost by two 

25   votes.  


                                                               1653

 1                Also, in addition to that, one of 

 2   his campaign aides pled guilty to disorderly 

 3   conduct after she and other staffers went door to 

 4   door tricking potential voters into signing 

 5   absentee ballot applications.  Then they took the 

 6   applications to the Board of Elections, retrieved 

 7   the absentee ballots, and voted for Ramirez 

 8   without voters' knowledge.  And she also was 

 9   convicted of that.  

10                That doesn't sound like a myth to 

11   me.  That's actually right here in New York.

12                Now, I realize that many of our 

13   former colleagues have left this chamber as 

14   criminals, but this guy almost came here because 

15   of becoming a criminal.  That is an important 

16   distinction, in my opinion.

17                So the problem here is that we even 

18   had four elections that were overturned in 2018 

19   here in the United States, across the 

20   United States.  These are the things that we know 

21   about.  These are the situations that we actually 

22   were caught on.  And now we're creating fertile 

23   ground with this legislation to make it even   

24                And according to the Heritage 

25   Foundation, and according to all the 1285 cases 


                                                               1654

 1   that they have documented, the preferred method 

 2   for voter fraud, for those that are willing to 

 3   commit it and want to commit it, is actually 

 4   absentee ballots.  That's the majority of the 

 5   1285 cases that they have documented convictions 

 6   for, is with voter fraud using an absentee 

 7   ballot.  

 8                So this is the preferred instrument 

 9   that we are about to change and grease the wheels 

10   to make it even easier to commit voter fraud.  

11                Now, you might say to yourself in a 

12   city like New York, what's a couple of hundred 

13   fraudulent votes, right?  Well, where I come 

14   from, in Western New York in the Southern Tier, 

15   we routinely had elections that turned on a 

16   handful of votes -- sometimes as little as one 

17   vote.  We cannot afford any voter fraud.  

18                Also, this is about the integrity of 

19   our election process.  This is why people have 

20   faith in it.  

21                Now, we were told that the reason 

22   that so many people don't vote is because it's 

23   not easy to access the vote, and this chamber and 

24   this Legislature has taken great steps -- 10 days 

25   of voting, making it much easier to vote.  Short 


                                                               1655

 1   of letting them vote at Walmart at the checkout, 

 2   I can't think of how this state could make it 

 3   easier to vote than we already do.

 4                So what we're going to do now is 

 5   we're going to move beyond making it easy and 

 6   instead we're going to move to making it easier 

 7   to create voter fraud, which is what this bill 

 8   is.  And it has nothing to do with COVID-19.  

 9   This is really about creating the opportunity for 

10   ballot harvesting.  

11                Now, I want to make sure that I also 

12   point out that voter fraud is a bipartisan issue.  

13   This is not something that is strictly done by 

14   one party or another.  And in fact, in 2018, in 

15   the 9th Congressional district of North Carolina, 

16   the bipartisan state board of elections refused 

17   to certify a 905-win vote of Republican candidate 

18   Richard Harris after finding evidence that his 

19   campaign engaged in absentee voter harvesting, 

20   something which is illegal under North Carolina 

21   law.  

22                Not here in New York, however.  

23   New York has no specific anti-voter harvesting 

24   provision in our Election Law.  And today we take 

25   an enormous step forward in allowing voter 


                                                               1656

 1   harvesting to occur in New York State.  

 2                This is about maintaining the 

 3   integrity of our elections.  Making it easier 

 4   doesn't mean it's going to make it better, and it 

 5   certainly doesn't mean we're going to stop fraud.  

 6                And for those that say fraud doesn't 

 7   exist, I can give you 1285 reasons why it does.  

 8   And those are just the people that got caught.  

 9   Thank you, Mr. President.

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Gianaris.

12                SENATOR GIANARIS:   Mr. President, I 

13   just want to take a moment to remind Senator 

14   Trump -- I mean Senator Borrello -- and my 

15   colleagues here that we do not allow use of props 

16   in debate on the floor.  So as he was lifting and 

17   dropping dramatically the pack of who knows what 

18   it actually is in reality, we are not permitted 

19   to do that by Senate rules.  

20                Thank you.  

21                SENATOR BORRELLO:   My apologies.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Jordan.

24                SENATOR JORDAN:   Thank you, 

25   Mr. President.


                                                               1657

 1                I felt it really important to be 

 2   able to speak on this bill.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Jordan on the bill.

 5                SENATOR JORDAN:   Much like last 

 6   year's Green Light Law, this bill gives another 

 7   green light to voter fraud.  The bill before us 

 8   would allow requests to be made by a voter for an 

 9   absentee ballot by electronic mail or through the 

10   Board of Elections web portal.  And it totally 

11   eliminates the requirement that an application 

12   for an absentee ballot must be signed by the 

13   voter.  

14                Other than the voter's signature, 

15   our state doesn't have any voter I.D. 

16   requirements to verify that a voter casting the 

17   ballot is the voter who registered with the Board 

18   of Elections.  This terrible bill opens the door 

19   to ballot harvesting and other forms of voter 

20   fraud that hurt our democracy and undermine a 

21   fair and functional electoral process.  

22                Ballot harvesting is real and 

23   has drawn bipartisan concerns of fraud from 

24   election watchers.  It's the practice of allowing 

25   political operatives and others to collect 


                                                               1658

 1   voters' ballots and turn them in en masse to 

 2   polling stations.  Bad actors could -- and likely 

 3   will -- submit a wide number of absentee ballot 

 4   requests by electronic mail, a launch pad for 

 5   ballot harvesting on an unprecedented scale and 

 6   scope.  

 7                When you take this legislation with 

 8   Senator Gianaris's bill passed earlier this year 

 9   that implements a system of automatic voter 

10   registration within certain designated state 

11   agency applications, such as those at the DMV and 

12   DOH, we're talking about a devastating one-two 

13   punch of fraud advanced by irresponsible 

14   policies.

15                Without question, absentee voting -- 

16   true absentee voting, with an actual signature 

17   requirement -- is critical and something that I 

18   strongly support.  During the COVID-19 outbreak, 

19   we routinely see long lines of people waiting at 

20   Walmart and Home Depot.  If this is the case, 

21   then why can't we stand in line with proper 

22   social distancing?  And now also with early 

23   voting, which further spreads the lines out over 

24   10 days to vote, which is our civic duty.  

25                I'll be voting, voting no on this 


                                                               1659

 1   bill, which is yet another attempt at undermining 

 2   our voting process and weakening our voting 

 3   rights.  

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   Are 

 6   there any other Senators wishing to be heard?

 7                Seeing and hearing none, debate is 

 8   closed.

 9                The Secretary will ring the bell.

10                Read the last section.

11                THE SECRETARY:   Section 7.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Myrie to explain his vote.

18                SENATOR MYRIE:   Thank you, 

19   Mr. President.  

20                And before I explain my vote, it's 

21   good to see you, it's good to see my colleagues, 

22   both those on this side and the other side.

23                Let me start with where my 

24   colleagues on the other side left.  The notion 

25   that voter fraud would be increased by making 


                                                               1660

 1   absentee ballots more easier and accessible is 

 2   not based in reality.  

 3                My friend on the other side held up 

 4   a packet of cases, but the facts belie this 

 5   notion of voter fraud.  There was a study from 

 6   2000 to 2014 that examined every single election.  

 7   There was over one billion elections.  Do you 

 8   know how many incidents of voter fraud they 

 9   found?  Thirty-one.  That is .00000031 percent.  

10   You have a greater chance of being struck by 

11   lightning than you do of finding an incident of 

12   voter fraud.

13                There is no evidence that applying 

14   for an absentee ballot application induces fraud.  

15   In fact, there's a conflation by my friends on 

16   the other side between an application and a 

17   ballot.  In 2016 in the State of New York, the 

18   presidential primary saw over 2 million votes.  

19   Four percent of those were from absentee 

20   applicants.  Not a single incidence of voter 

21   fraud.

22                This election, after we've seen 

23   upwards of 23,000 New Yorkers die, we made the 

24   decision that their constitutional right to vote 

25   should not be impeded by a pandemic.  That 


                                                               1661

 1   democracy, even in a pandemic, should survive.

 2                That is what this bill is about.  

 3   New Yorkers should not be impeded from picking 

 4   their leaders because of this pandemic.  

 5   Participating in your democracy is about picking 

 6   the leaders who you want to lead us through this 

 7   crisis.  No incidence of voter fraud; simply an 

 8   increase in opportunity to exercise your 

 9   constitutional right.

10                You still have to put a signature on 

11   a ballot in order for that ballot to count.  I'll 

12   say it again.  You still have to put a signature 

13   on a ballot for that ballot to count.  What we 

14   have done is made it easier for you to receive 

15   that ballot. Many seniors, those who are 

16   immunocompromised, those who live in communities 

17   with wide community spread, they want to 

18   participate in their democracy too, and they 

19   should be allowed to do so by modern means of 

20   communication.  

21                What we heard today is exactly what 

22   we're hearing from the highest levels of 

23   government in this country.  And it is, quite 

24   frankly, disgraceful.  It sows doubt in the very 

25   glue that keeps this country together.  


                                                               1662

 1                Being a voter, picking your leaders, 

 2   that is the sliver of normalcy that we need in a 

 3   dark time.  And here in New York, we are going to 

 4   provide that opportunity to every voter.

 5                So I will be voting in the 

 6   affirmative, Mr. President, and thank you for 

 7   your time.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Myrie to be recorded in the affirmative.

10                Senator Borrello to explain his 

11   vote.

12                SENATOR BORRELLO:   Thank you.

13                I'll be voting nay on this, and 

14   largely because if we can't guarantee the 

15   integrity of our ballots, then we do not have a 

16   democratically elected legislature and 

17   representative.

18                Thank you.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Borrello to be recorded in the negative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 644, those Senators voting in the 

24   negative are Senators Akshar, Amedore, Borrello, 

25   Boyle, Flanagan, Funke, Gallivan, Griffo, 


                                                               1663

 1   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

 2   Martinez, O'Mara, Ortt, Ranzenhofer, Robach, 

 3   Serino, Seward and Tedisco.

 4                Ayes, 39.  Nays, 22.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   670, Senate Print 8419, by Senator Kavanagh, an 

10   act in relation to enacting the "Emergency Rent 

11   Relief Act of 2020."  

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Gallivan, why do you rise?

14                SENATOR GALLIVAN:   Mr. President, I 

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

16   waive the reading of that amendment and ask that 

17   Senator Serino be recognized and be heard.

18                ACTING PRESIDENT BENJAMIN:   Thank 

19   you, Senator Gallivan.  

20                Upon review of the amendment, in 

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

22   nongermane and out of order at this time.  

23                SENATOR GALLIVAN:   Accordingly, I 

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

25   that Senator Serino be recognized.


                                                               1664

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   appeal has been made and recognized, and 

 3   Senator Serino may be heard.

 4                SENATOR SERINO:   Thank you, 

 5   Mr. President.

 6                The amendment before you today is 

 7   germane to the legislation before this body 

 8   because both pieces of legislation direct CARES 

 9   Act funding to help alleviate financial burdens 

10   caused by the coronavirus pandemic.  

11                The amendment before you today would 

12   direct an additional $100 million in CARES Act 

13   funding to provide nursing homes, assisted 

14   living, and adult care facilities with the 

15   desperately needed funding to meet the unworkable 

16   standards established by current state policy.  

17                This funding will enable these 

18   facilities to purchase the necessary personal 

19   protective equipment, the PPEs, as well as the 

20   mandated COVID-19 testing supplies for employees 

21   and residents, and it will allow them to train 

22   and hire additional staff that is needed so 

23   desperately.

24                It was my understanding that the 

25   Legislature was called back to session this week 


                                                               1665

 1   to specifically address the most pressing issues 

 2   brought on by the COVID-19 crisis.  However, 

 3   despite the fact that New York is leading the 

 4   nation in reported nursing home deaths, this 

 5   amendment brought forth by my colleagues and I is 

 6   the only piece of legislation presented in the 

 7   past two days that directly addresses the 

 8   immediate challenges these facilities are facing 

 9   right now.

10                It is incumbent upon us as state 

11   legislators to advocate for the most vulnerable 

12   that we represent, and this virus has preyed upon 

13   our most vulnerable.  These residents are our 

14   mothers, our fathers, our siblings.  They're 

15   veterans and valued members of our community.  

16   And too many of them are suffering now.  They 

17   cannot afford to wait for a hearing or for 

18   government dysfunction to work itself out.  Our 

19   nursing homes, assisted living and adult care 

20   residents, families, and facility staff need our 

21   support now.

22                I urge my fellow Senators to support 

23   this germane amendment that will provide 

24   facilities caring for our most vulnerable with 

25   the support they desperately need right now.


                                                               1666

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   Thank 

 3   you, Senator Serino.

 4                I want to remind the house that the 

 5   vote is on the procedures of the house and the 

 6   ruling of the chair.  Those in favor of 

 7   overruling the chair signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT BENJAMIN:   

10   Opposed, nay.  

11                (Response of "Nay.")  

12                ACTING PRESIDENT BENJAMIN:   The 

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

14   is before the house.

15                Are there any other Senators wishing 

16   to be heard?

17                Seeing and hearing none, debate is 

18   closed.

19                The Secretary will ring the bell.

20                Read 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.)


                                                               1667

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Kavanagh to explain his vote.

 3                SENATOR KAVANAGH:   Thank you, 

 4   Mr. President, and distinguished colleagues both 

 5   here in the chamber and participating in today's 

 6   proceedings remotely.

 7                As you know, Mr. President, this 

 8   bill is part of a package of bills that we are 

 9   proceeding with in the last couple of days that 

10   are intended to address, to begin to address the 

11   enormous crisis that is facing our state, and 

12   that is the crisis of people unable to pay their 

13   housing costs as a result of -- through no fault 

14   of their own -- loss of jobs and loss of income 

15   during this COVID-19 pandemic.

16                We passed a bill yesterday that is 

17   intended to deal with mortgages to give 

18   forbearance there.  We've passed a bill that is 

19   to ensure that people's utilities and services 

20   don't get cut off during the pandemic.  We've 

21   passed a bill to allow local governments to 

22   address property tax payments and delay those and 

23   give forbearance to property taxpayers.  

24                And today we're talking about 

25   renters.  And we are beginning today with a bill 


                                                               1668

 1   that is significant in its own right but very 

 2   modest relative to the needs.  This bill, the 

 3   Emergency Rent Relief Act of 2020, will make 

 4   $100 million available immediately to address 

 5   some of our renters who are most -- facing the 

 6   greatest hardship.  It is a program that will pay 

 7   rent for April, May, June and July to the extent 

 8   that people who were low-income both before this 

 9   crisis and during this crisis are burdened by 

10   their rent, meaning they're paying more than 

11   30 percent of their income in rent.

12                Of course, if you have no income 

13   during this period, the program would pay your 

14   full rent.  Otherwise, it would pay the 

15   difference between 30 percent of your income and 

16   the rent that you need to pay.

17                It is intended to signal to tenants 

18   that we are serious about addressing this crisis 

19   and we're serious about addressing it by figuring 

20   out a way to pay the rent.

21                Having said that, I want to 

22   acknowledge today that it is a first step, it is 

23   not sufficient.  Many of us have joined together 

24   to call for $100 billion in rental assistance 

25   from the federal government nationwide, which 


                                                               1669

 1   would break down to $10 billion for New York.  

 2   That is a hundred times the amount of money we're 

 3   talking about today.  And that would allow us to 

 4   pass a much broader comprehensive approach to 

 5   this program.

 6                I'm happy to report that the House 

 7   of Representatives have passed just such a bill 

 8   that would put that $100 billion available for 

 9   renters.  It also has $75 billion for homeowners, 

10   and about $12 billion for homeless services.

11                In order to provide that assistance, 

12   we begin today by passing this limited bill.  But 

13   we do hope to come back over the next few weeks, 

14   hopefully with some good news from Washington.  

15   And I urge everybody within earshot of this 

16   broadcast to continue to advocate for that kind 

17   of need from Washington.  And I stand ready with 

18   my colleagues to ensure that that money gets into 

19   the hands of all the tenants in our state.

20                And again, it's our hope that this 

21   package will begin to address that, but we have a 

22   lot more work to do.  So without further ado, I 

23   vote aye, Mr. President.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Kavanagh to be recorded in the affirmative.


                                                               1670

 1                Announce the results.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                Senator Gianaris, that completes the 

 6   reading of the controversial calendar.

 7                SENATOR GIANARIS:   Mr. President, I 

 8   believe on a previous bill some of the votes that 

 9   were announced were erroneously announced as 

10   voting no when they were yeses on Calendar 668.  

11   Can we please have the desk reread the results of 

12   that vote so we can get the record correct?  

13                ACTING PRESIDENT BENJAMIN:   The 

14   Secretary will read.

15                THE SECRETARY:   In relation to 

16   Calendar Number 668:  Ayes, 61.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Gianaris.

19                SENATOR GIANARIS:   Okay, then.

20                Can we have the Senate stand at 

21   ease, Mr. President, while we await further bills 

22   that are going to be coming later today.

23                ACTING PRESIDENT BENJAMIN:   The 

24   Senate stands at ease.

25                (Whereupon, the Senate stood at ease 


                                                               1671

 1   at 1:29 p.m.)

 2                (Whereupon, the Senate reconvened at 

 3   11:07 p.m.)

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Senate will return to order.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   Mr. President, 

 8   there will be an immediate meeting of the 

 9   Rules Committee in the Majority Conference Room.

10                ACTING PRESIDENT BENJAMIN:   There 

11   will be an immediate meeting of the 

12   Rules Committee in the Majority Conference Room.

13                SENATOR GIANARIS:   The Senate will 

14   stand at ease.

15                ACTING PRESIDENT BENJAMIN:   The 

16   Senate will stand at ease.

17                (Whereupon, the Senate stood at ease 

18   at 11:07 p.m.)

19                (Whereupon, the Senate reconvened at 

20   11:30 p.m.)

21                ACTING PRESIDENT BENJAMIN:   The 

22   Senate will return to order.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Is there a 

25   report of the Rules Committee at the desk?  


                                                               1672

 1                ACTING PRESIDENT BENJAMIN:   There 

 2   is a report of the 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 8427, by Senator 

 8   Gounardes, an act to amend the Retirement and 

 9   Social Security Law; 

10                Senate Print 8428, by 

11   Senator Parker, an act to amend a chapter of the 

12   Laws of 2020 amending the Local Finance Law.  

13                All bills reported direct to third 

14   reading.

15                SENATOR GIANARIS:   Move to accept 

16   the report of the Rules Committee.

17                ACTING PRESIDENT BENJAMIN:   All in 

18   favor of accepting the report of the 

19   Rules Committee signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT BENJAMIN:    

22   Opposed, nay.

23                (No response.)

24                ACTING PRESIDENT BENJAMIN:   The 

25   report is accepted and is before the house.


                                                               1673

 1                SENATOR GIANARIS:   Please take up 

 2   the supplemental calendar.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   672, Senate Print 8427, by Senator Gounardes, an 

 7   act to amend the Retirement and Social Security 

 8   Law.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Gianaris.

11                SENATOR GIANARIS:   Is there a 

12   message of necessity at the desk?  

13                ACTING PRESIDENT BENJAMIN:   There 

14   is a message of necessity at the desk.

15                SENATOR GIANARIS:   I move to accept 

16   the message of necessity.

17                ACTING PRESIDENT BENJAMIN:   All in 

18   favor of accepting the message of necessity 

19   signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT BENJAMIN:    

22   Opposed?  

23                (No response.)

24                ACTING PRESIDENT BENJAMIN:   The 

25   message is accepted, and the bill is before the 


                                                               1674

 1   house.

 2                Read the last section.

 3                THE SECRETARY:   Section 14.  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:   Senator 

 9   Gounardes to explain his vote.

10                SENATOR GOUNARDES:   Thank you, 

11   Mr. President.

12                Every night at 7 o'clock in New York 

13   City we cheer for our essential workers who have 

14   battled the coronavirus and kept our state 

15   running throughout this pandemic.  For a time it 

16   was the sound of these cheers that gave people a 

17   flicker of hope and faith before the ending 

18   wailing of ambulance sirens became our gruesome 

19   and tragic nightly symphony.  

20                New Yorkers know that our essential 

21   workers have pulled us through this crisis, that 

22   they have answered the call of duty to respond to 

23   emergencies, treat our sick, keep us safe, and 

24   teach our kids.  They put their lives on the line 

25   so that the rest of us could stay home and stay 


                                                               1675

 1   safe.  

 2                Nearly 300 public servants across 

 3   our state have died from the coronavirus in just 

 4   10 weeks, many of them back home in New York 

 5   City.  They died at the hands of a vicious and 

 6   cruel virus that has taken more than 

 7   100,000 lives of our fellow Americans.  But make 

 8   no mistake:  They also died in the service of 

 9   their city and their state.  

10                And many of them, when asked to 

11   answer that call of service, did so without even 

12   being given basic protective equipment or, even 

13   worse, were not told that they were working 

14   alongside colleagues who were sick and in 

15   workplaces that were presumed to be infected.  

16   Bus drivers shuttling essential workers to and 

17   from hospitals without being given face masks.  

18   EMS workers answering thousands of 911 calls, 

19   forced to use the same PPE all week when it 

20   wasn't even enough to last through a single 

21   shift.  Teachers being forced to report to school 

22   buildings and being misled that they were likely 

23   infected by sick colleagues that they were never 

24   told about.  

25                We've lost nearly 300 of our public 


                                                               1676

 1   servants.  Not since 9/11 have we seen a death 

 2   count this high of people who wear the uniform of 

 3   our city or our state.  

 4                But tonight we are going to honor 

 5   the memory of these fallen heroes, not with words 

 6   or platitudes or photo ops, but with action.  The 

 7   COVID-19 Line of Duty Bill will ensure that the 

 8   families of public servants who died in this 

 9   pandemic are cared for.  It will prevent family 

10   members from being thrust into financial 

11   insecurity at the height of their unspeakable 

12   grief.  

13                Yet I know that our job is only half 

14   done.  There are hundreds of other essential 

15   workers who work for private employers who have 

16   passed away and whose families we also need to 

17   make whole.  And I promise to do everything in my 

18   power to fulfill that obligation to them.  It is, 

19   quite simply, what we owe them, what we owe all 

20   of them.  

21                And so in memory of Allyson 

22   Mestel-Schapira, a speech teacher at P.S. 229 in 

23   Maspeth, Queens; of Erlin Galarza, an MTA bus 

24   driver who was beloved for his boundless 

25   kindness; for Richard Seaberry, a 30-year EMS 


                                                               1677

 1   veteran who was also a 9/11 first responder; and 

 2   all those public servants who we have lost, and 

 3   their families who are left behind, I vote aye.  

 4                Thank you.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Gounardes to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   673, Senate Print 8428, by Senator Parker, an act 

13   to amend a chapter of the Laws of 2020 amending 

14   the Local Finance Law.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Gianaris.

17                SENATOR GIANARIS:   Is there a 

18   message of necessity at the desk?  

19                ACTING PRESIDENT BENJAMIN:   There 

20   is a message of necessity at the desk.

21                SENATOR GIANARIS:   Move to accept 

22   the message of necessity.

23                ACTING PRESIDENT BENJAMIN:   All in 

24   favor of accepting the message of necessity 

25   signify by saying aye.


                                                               1678

 1                (Response of "Aye.")

 2                ACTING PRESIDENT BENJAMIN:    

 3   Opposed?  

 4                (No response.)

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   message is accepted and the bill is before the 

 7   house.

 8                Read 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:   Senator 

15   Kavanagh to explain his vote.

16                SENATOR KAVANAGH:   Thank you, 

17   Mr. President.

18                This bill includes a chapter 

19   amendment for an important bill that we passed 

20   yesterday, S8243, which extends mortgage 

21   forbearance to homeowners throughout the state 

22   for any mortgagor who has a mortgage through a 

23   state-regulated institution.  

24                It's a very important part of our 

25   larger effort this week to ensure that people are 


                                                               1679

 1   secure in their homes and they are not unduly 

 2   burdened by the financial hardship that has 

 3   resulted for many from the COVID-19 pandemic.

 4                There's been forbearance in place 

 5   from some federal actions and from some state 

 6   executive orders and regulatory actions already, 

 7   but this bill goes much further.  It allows any 

 8   person under one of those covered institutions to 

 9   have six months of forbearance and an additional 

10   six months if they have an ongoing hardship.  

11                Moreover, unlike the existing 

12   forbearance, it means that the payments at the 

13   end of the forbearance period that are due will 

14   not be due right as the forbearance ends.  It 

15   will allow the mortgagor, at their option, to 

16   either put the payments at the end of the 

17   mortgage or to spread them out over the period of 

18   the mortgage or to extend the mortgage for the 

19   length of the forbearance.  

20                So for example, Mr. President, if 

21   the mortgage is currently -- if you have six 

22   months of forbearance and the mortgage is 

23   currently scheduled to expire in January of 2040, 

24   they'd be allowed to extend it to July 2040.  

25                We think it's a very important step.  


                                                               1680

 1   We had a lively conversation about renters and 

 2   homeowners and other people experiencing 

 3   difficulties related to the cost of their 

 4   housing.  We're certainly not done with those 

 5   conversations; we have a lot more work to do.  

 6   But this is a big step forward and grants 

 7   homeowners some real relief.  

 8                So I'm very proud to support it, and 

 9   I want to thank -- this chapter amendment 

10   results -- is an indicator of the end of a 

11   negotiation with the Assembly and the Senate and 

12   the Governor's office, and the Governor's office 

13   has been helpful in making some adjustments to 

14   the bill.  And I want to thank my co-prime 

15   sponsor, Todd Kaminsky; the Assembly sponsor, 

16   Nily Rozic; and all the staff -- and especially 

17   Elizabeth Nowicki, who worked very hard on this 

18   to get it done -- and all my colleagues for 

19   supporting it.  

20                Thank you, Mr. President.  I vote 

21   aye.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Kavanagh to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               1681

 1   Calendar Number 673, those voting in the negative 

 2   are Senators Helming, Jordan, O'Mara and Ortt.

 3                Ayes, 57.  Nays, 4.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                Senator Gianaris, that completes -- 

 7                SENATOR GIANARIS:   Is there any 

 8   further business at the desk?

 9                ACTING PRESIDENT BENJAMIN:   No, 

10   there is no further business at the desk.

11                SENATOR GIANARIS:   Move to adjourn, 

12   subject to the call of the Temporary President, 

13   intervening days being legislative days.

14                ACTING PRESIDENT BENJAMIN:   On 

15   motion, the Senate stands adjourned, subject to 

16   the call of the Temporary President, intervening 

17   days being legislative days.

18                (Whereupon, at 11:38 p.m., the 

19   Senate adjourned.)

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