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
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21
22
23
24
25
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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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