Regular Session - March 24, 2021

                                                                   1817

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 24, 2021

11                      3:08 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1818

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

 2                ACTING PRESIDENT MAYER:   The Senate 

 3   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 MAYER:   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 MAYER:   Reading of 

14   the Journal.

15                THE SECRETARY:   In Senate, Tuesday, 

16   March 23, 2021, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, March 22, 

18   2021, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT MAYER:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   Senator Rivera 


                                                               1819

 1   moves to discharge, from the Committee on Health, 

 2   Assembly Bill Number 5684A and substitute it for 

 3   the identical Senate Bill 4893A, Third Reading 

 4   Calendar 372.

 5                ACTING PRESIDENT MAYER:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Hoylman 

 8   moves to discharge, from the Committee on 

 9   Judiciary, Assembly Bill Number 5719A and 

10   substitute it for the identical Senate Bill 

11   1957A, Third Reading Calendar 409.

12                ACTING PRESIDENT MAYER:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Thomas 

15   moves to discharge, from the Committee on 

16   Judiciary, Assembly Bill Number 164B and 

17   substitute it for the identical Senate Bill 297B, 

18   Third Reading Calendar 523.

19                ACTING PRESIDENT MAYER:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator Biaggi 

22   moves to discharge, from the Committee on Health, 

23   Assembly Bill Number 3397 and substitute it for 

24   the identical Senate Bill 5177, Third Reading 

25   Calendar 582.


                                                               1820

 1                ACTING PRESIDENT MAYER:   The 

 2   substitution is so ordered.

 3                Messages from the Governor.

 4                Reports of standing committees.

 5                Reports of select committees.

 6                Communications and reports from 

 7   state officers.

 8                Motions and resolutions.

 9                Senator Gianaris.

10                SENATOR GIANARIS:   Can we please 

11   take up the reading of the calendar, 

12   Madam President.

13                ACTING PRESIDENT MAYER:   The 

14   Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   340, Senate Print 4371B, by Senator Biaggi, an 

17   act to amend the Environmental Conservation Law.

18                ACTING PRESIDENT MAYER:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the 90th day after it 

22   shall have become a law.

23                ACTING PRESIDENT MAYER:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               1821

 1                ACTING PRESIDENT MAYER:   Senator 

 2   Lanza to explain his vote.

 3                SENATOR LANZA:   Thank you, 

 4   Madam President, to explain my vote.

 5                I'd like to explain the reason why I 

 6   will be voting in the negative on this piece of 

 7   legislation.

 8                You know, Madam President, three of 

 9   the worst crimes committed against the 

10   environment in New York State were perpetrated 

11   against the environment and the people of 

12   Staten Island, and they were perpetrated by the 

13   government of New York City during the 

14   administrations of Mayors Wagner, Lindsay, Beame, 

15   Koch and Dinkins.  

16                And of course I'm speaking of 

17   Gateway National Park, upon which New York City 

18   dumped thousands of cubic yards of fill that we 

19   now know to contain radioactive waste.  Of course 

20   I'm speaking about the crime committed against 

21   the environment by New York City at the 

22   Fresh Kills Landfill, in which the city for 

23   decades operated that which, by every federal 

24   clean air and water act, is illegal, where the 

25   dump was created over freshwater estuaries, 


                                                               1822

 1   wetlands and some of the most sensitive land in 

 2   the entire City of New York.  And then also 

 3   Brookfield Landfill, which is now a park, believe 

 4   it or not, where New York City dumped just about 

 5   every carcinogen that has been identified by 

 6   humankind.

 7                And here we have a bill that 

 8   purports to protect the environment, and yet 

 9   Staten Island is excluded from the alleged 

10   protections of this bill.  I don't need to go 

11   read any further with respect to any of the 

12   particulars and with respect to any of the 

13   alleged protections of the environment in order 

14   to know that I must vote in the negative.  

15                If you believe this bill protects 

16   the environment -- and we can debate that -- but 

17   if you believe it protects the environment, why 

18   not have it apply to the entire state?  And why 

19   would you not include Staten Island, which has 

20   been victimized for decades by the very 

21   government that is supposed to protect it?  

22                So for those reasons, 

23   Madam President, I'll be voting in the negative.

24                ACTING PRESIDENT MAYER:   Senator 

25   Lanza to be recorded in the negative.


                                                               1823

 1                Senator Stec to explain his vote.

 2                SENATOR STEC:   Thank you, 

 3   Madam President.  I rise to explain my vote.  

 4                I mentioned previously that, you 

 5   know, I have an experience in energy production, 

 6   and I think this bill largely happens to focus on 

 7   our energy producers and their emissions, 

 8   although it's certainly not limited to that.  

 9                But my concerns about these kinds of 

10   bills in general that I've seen over the years in 

11   the Legislature are certainly the cost to 

12   businesses, and oftentimes these added burdens on 

13   businesses in these neighborhoods, in and around 

14   these neighborhoods that we're seeking in this 

15   legislation to protect, will have a negative 

16   impact on the jobs of the very people whose 

17   health we are purporting to be concerned about.  

18   Economically, we are going to be damaging their 

19   employers, and we could easily have an 

20   unemployment issue.

21                I'm concerned about, in our desire 

22   and zeal to protect the environment, that we are 

23   burdening DEC with a new task with staff and 

24   resources that they simply don't have.  They are 

25   struggling to keep up with the charges that 


                                                               1824

 1   they've already been given, and we're proposing 

 2   here to add a whole new tracking system and 

 3   regulations that need to be written, staff that's 

 4   going to need to be hired to enforce and monitor 

 5   all this.  So I'm concerned about that.

 6                The potential loss of power 

 7   producers, energy producers, electric 

 8   producers -- you could end up closing electrical 

 9   plants.  We already have in this state a 

10   distribution and a power supply concern that's 

11   well documented, and we could easily have rolling 

12   blackouts in New York City if we lose any more 

13   producers.  

14                The federal government has already 

15   regulated -- we have the Clean Air Act.  This 

16   legislation, to my understanding, goes beyond 

17   that.  And while on its face that might be 

18   laudable and admirable, the bottom line is that 

19   now New York State would become an outlier 

20   against the federal regulation, and what will 

21   happen is two things.  New York State's industry 

22   will be less competitive or less attractive for 

23   businesses to stay here or certainly to invest 

24   additional funds here, and we will be facing 

25   chasing jobs and we'll be chasing economic 


                                                               1825

 1   activity out of the state.  

 2                And number two, in chasing them out 

 3   of the state, they are going out of the state 

 4   where they're going to be more competitive, and 

 5   likely their activity will be dirtier than it is 

 6   in New York.  So we'll have a -- as a result of 

 7   this, we'll have an economic damage to the State 

 8   of New York and we'll have an environmental 

 9   damage.  

10                Because, you know, the power doesn't 

11   know where it's producing, what side of the state 

12   line it's being produced on, but if we're not 

13   having the activity here and we're chasing it 

14   somewhere else where it's going to be done more 

15   dirty, then we're going to have a negative impact 

16   on the environment and we're going to certainly 

17   have a negative economic impact on our residents 

18   here in New York State.

19                For that reason, I will be voting in 

20   the negative.

21                ACTING PRESIDENT MAYER:   Senator 

22   Stec to be recorded in the negative.

23                Announce the results.  

24                THE SECRETARY:   In relation to 

25   Calendar 340, those Senators voting in the 


                                                               1826

 1   negative are Senators Akshar, Borrello, Gallivan, 

 2   Griffo, Helming, Jordan, Lanza, Oberacker, 

 3   O'Mara, Ortt, Rath, Ritchie, Serino and Stec.

 4                Ayes, 49.  Nays, 14.

 5                ACTING PRESIDENT MAYER:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   372, Assembly Number 5684A, substituted earlier 

 9   by Assemblymember Gottfried, an act to amend the 

10   Public Health Law.

11                SENATOR LANZA:   Lay it aside.

12                ACTING PRESIDENT MAYER:   The bill 

13   is laid aside.

14                THE SECRETARY:   Calendar Number 

15   379, Senate Print 4377, by Senator May, an act to 

16   amend the Public Health Law.

17                ACTING PRESIDENT MAYER:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT MAYER:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT MAYER:   Senator 

25   May to explain her vote.


                                                               1827

 1                SENATOR MAY:   Thank you, 

 2   Madam President.

 3                How many people even know that there 

 4   is a Nursing Home Residents Bill of Rights in 

 5   New York State?  Among other things, it 

 6   guarantees the right to dignity and respect, to 

 7   treatment without discrimination, to privacy in 

 8   communications, and to freedom from abuse, from 

 9   restraint, and from reprisals.  

10                In our hearings last summer and in 

11   countless communications with constituents and 

12   with people from all over the state, I've heard 

13   about routine violations of these rights.  

14                We need to make sure that residents 

15   know that they have these rights and that they 

16   can exercise them.  This bill helps that along in 

17   two ways.  

18                First, it directs the Department of 

19   Health to translate the Bill of Rights into the 

20   most common languages in New York State and post 

21   them in facilities.  And number two, it 

22   specifically addresses the resident's right to 

23   have an easy way to register complaints.  By 

24   raising the profile of the long term care 

25   ombudsman program, I think we can help with this.


                                                               1828

 1                So my bill requires nursing homes to 

 2   post information about that program in every 

 3   resident's room and to update contact information 

 4   regularly about the ombudsperson for that 

 5   facility.

 6                We heard time and time again that 

 7   people didn't even know that there was a 

 8   designated person who was supposed to be an 

 9   advocate for the residents and their families, 

10   and this bill will make sure that they do.

11                I thank my colleagues for their 

12   support, and I vote aye.

13                ACTING PRESIDENT MAYER:   Senator 

14   May to be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   Ayes, 63.

17                ACTING PRESIDENT MAYER:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   409, Assembly Print 5719A, substituted earlier by 

21   Assemblymember Galef, an act to amend the 

22   Judiciary Law.

23                ACTING PRESIDENT MAYER:   Read the 

24   last section.

25                THE SECRETARY:   Section 6.  This 


                                                               1829

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

 2   shall have become a law.

 3                ACTING PRESIDENT MAYER:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT MAYER:   Senator 

 7   Boyle to explain his vote.

 8                SENATOR BOYLE:   Thank you, 

 9   Madam President, to explain my vote.  

10                I want to commend Senator Hoylman, 

11   the sponsor of this legislation to bring about 

12   veterans courts statewide.  

13                I live in Suffolk County, where we 

14   have had a veterans court for well over a decade, 

15   and it's a tremendous success.  The brave men and 

16   women who have served our country oftentimes come 

17   home and because of their service, because of 

18   trauma, perhaps drug use that was started there, 

19   are committing crimes in our communities.  And 

20   the courts in Suffolk County, the veterans 

21   courts, take this into account.  

22                It's giving a lending ear.  They 

23   have mentors, who are fellow veterans, teaching 

24   them, helping, assisting them, getting through 

25   their criminal issues, lowering the penalties and 


                                                               1830

 1   the charges.  It's all worked out tremendously 

 2   well in Suffolk County.  

 3                I'm so glad that our servicemen 

 4   and -women statewide will now have this 

 5   opportunity.  I proudly vote in favor.

 6                ACTING PRESIDENT MAYER:   Senator 

 7   Boyle to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 63.

10                ACTING PRESIDENT MAYER:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   458, Senate Print 1780B, by Senator Skoufis, an 

14   act to amend the Executive Law.

15                SENATOR LANZA:   Lay it aside.

16                ACTING PRESIDENT MAYER:   The bill 

17   is laid aside.

18                THE SECRETARY:   Calendar Number 

19   523, Assembly Number 164B, substituted earlier by 

20   Assemblymember Zebrowski, an act to amend the 

21   General Obligations Law.

22                ACTING PRESIDENT MAYER:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               1831

 1                ACTING PRESIDENT MAYER:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT MAYER:   Senator 

 5   Thomas to explain his vote.

 6                SENATOR THOMAS:   Thank you, 

 7   Madam President.

 8                This is a very important bill, and I 

 9   want to thank Leader Stewart-Cousins for bringing 

10   this to the floor.

11                The London Inter-Bank Offered Rate, 

12   also known as LIBOR, is the most referenced 

13   short-term interest rate in the world.  It's 

14   estimated $200 trillion worth of financial 

15   contracts and securities are tied to the U.S. 

16   LIBOR.  

17                LIBOR is based on relatively few 

18   transactions and relies heavily on estimates.  

19                Moreover, in a highly publicized 

20   scheme, bankers were found to have colluded with 

21   each other to manipulate the LIBOR.  The scandal 

22   sowed distrust in the financial sector and led to 

23   a wave of fines, lawsuits and regulatory actions.

24                To remedy this issue, the Federal 

25   Reserve convened the Alternative Reference Rate 


                                                               1832

 1   Committee, or ARRC, to develop recommendations to 

 2   facilitate the transition away from LIBOR.

 3                This committee recommended a rate to 

 4   replace LIBOR called the Secured Overnight 

 5   Financing Rate, or SOFR, which the Federal 

 6   Reserve Bank of New York began publishing in 

 7   2018.  SOFR is a broad measure of the cost of 

 8   borrowing cash overnight, collateralized by U.S. 

 9   Treasury securities in repurchase agreement 

10   markets.  

11                Through this committee's promotion 

12   of SOFR, over 25 institutions began voluntarily 

13   transitioning to this new alternative rate.  

14   However, existing contracts that reference LIBOR 

15   pose a unique problem when they do not include 

16   adequate fallback language provisions.

17                Fallback language refers to legal 

18   provisions in a contract that apply if the 

19   underlying reference rate in LIBOR is 

20   discontinued or unavailable.  

21                When LIBOR is discontinued, 

22   consumers, businesses, lenders and investors in 

23   New York will be faced with legal uncertainty and 

24   adverse economic impacts on hundreds of thousands 

25   of affected financial contracts, including 


                                                               1833

 1   mortgages, student loans, credit cards, business 

 2   loans, business contracts and securities.

 3                To mitigate the risk of economic 

 4   disruption, this bill would mandate the use of 

 5   the recommended benchmark replacement for 

 6   contracts that are silent on fallback language 

 7   and have not been amended to reference a 

 8   different rate.  

 9                This will do a lot to promote growth 

10   and strength moving forward in our financial 

11   sector and will give consumers a better product.

12                I vote aye.  Thank you.

13                ACTING PRESIDENT PERSAUD:   Senator 

14   Thomas to be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 523, voting in the negative:  

18   Senator Kaminsky.

19                Ayes, 62.  Nays, 1.

20                ACTING PRESIDENT PERSAUD:   The bill 

21   is passed.  

22                THE SECRETARY:   Calendar Number 

23   558, Senate Print 4412, by Senator May, an act to 

24   amend the Elder Law.

25                ACTING PRESIDENT PERSAUD:   Read the 


                                                               1834

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.  

 4                ACTING PRESIDENT PERSAUD:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT PERSAUD:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 63.

10                ACTING PRESIDENT PERSAUD:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   582, Assembly Print Number 3397, substituted 

14   earlier by Assemblymember Kim, an act to repeal 

15   Article 30-d of the Public Health Law.

16                ACTING PRESIDENT PERSAUD:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.  

20                ACTING PRESIDENT PERSAUD:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT PERSAUD:   Senator 

24   Mayer to explain her vote.  

25                SENATOR MAYER:   Thank you, 


                                                               1835

 1   Madam Speaker.

 2                And I want to thank my colleague 

 3   Senator Biaggi for bringing this important 

 4   legislation to the floor.

 5                You know, there have been many 

 6   lessons learned during this past year, hard and 

 7   painful lessons -- lives lost, irreparable damage 

 8   to our communities, and we are all still engaged 

 9   in it.  But it is the appropriate time, in my 

10   opinion, to restore the standards of liability to 

11   our healthcare profession.  

12                And so I am very pleased that this 

13   bill has come to the floor.  I want to thank 

14   Senator Biaggi for her really persistent 

15   leadership on this issue.  

16                And I want to clarify that my 

17   understanding is that this bill is prospective, 

18   it will apply going forward.  We think it's time 

19   for a change.  There are lessons learned.  

20                Let us use the standard of liability 

21   that is the standard adopted by the courts to 

22   apply to these cases going forward, and let us 

23   learn from the past year and ensure that we 

24   protect the families of those who have passed 

25   away or have been injured, going forward in our 


                                                               1836

 1   quest to have justice be done for all of them.

 2                I vote aye.

 3                ACTING PRESIDENT PERSAUD:   Senator 

 4   Mayer to be recorded in the affirmative.

 5                Senator Biaggi to explain her vote.

 6                SENATOR BIAGGI:   Thank you, 

 7   Madam President.

 8                I rise today in support of Senate 

 9   Bill 5177 to repeal the Emergency or Disaster 

10   Treatment Protection Act.  

11                And I also rise with immense 

12   gratitude to our Majority Leader, Andrea 

13   Stewart-Cousins, for bringing this bill to the 

14   floor.

15                Almost one year ago, during the 

16   early months of the pandemic, when our nursing 

17   homes and our hospitals were facing unprecedented 

18   challenges with a novel virus, the Legislature 

19   granted all healthcare facilities, including 

20   nursing homes, broad corporate immunity from 

21   civil or criminal liability for the duration of 

22   the COVID-19 state of emergency.

23                This immunity stripped thousands of 

24   grieving families of their right to seek proper 

25   legal recourse and pursue justice after losing 


                                                               1837

 1   their loved ones.  And, according to the Attorney 

 2   General's findings, may have incentivized nursing 

 3   home executives to cut corners, putting both 

 4   patients and staff in even greater danger -- 

 5   specifically, incentivizing nursing homes to 

 6   choose not to purchase sufficient PPE for staff 

 7   or provide effective training to staff to comply 

 8   with infection control protocols.

 9                The immunity provisions were always 

10   designed with corporate leadership in mind, to 

11   protect the owners and the shareholders, not the 

12   front-line workers and the patients.

13                Now, knowing that over 15,000 -- 

14   15,000 -- people would die of COVID-19 in nursing 

15   homes in New York, we have a duty to right this 

16   wrong and fully repeal Article 30-d.

17                Despite the changes made this 

18   summer, Article 30-d still provides broad and 

19   dangerous immunity to facilities treating COVID 

20   patients.  S5177 will fully repeal the remaining 

21   protections under the Governor's disastrous 

22   immunity provision and restore families with sick 

23   loved ones with the very same protections they 

24   had prior to the pandemic.  

25                I vote today in honor of the 


                                                               1838

 1   thousands of New Yorkers we lost in nursing homes 

 2   and their grieving families looking for answers.  

 3   The duty of government, especially in a crisis as 

 4   unprecedented as COVID-19 and this pandemic, is 

 5   to protect our most vulnerable, not corporate 

 6   shareholders or special interests.  For this 

 7   reason, I am proud to vote aye.  

 8                Thank you, Madam President.

 9                ACTING PRESIDENT PERSAUD:   Senator 

10   Biaggi to be recorded in the affirmative.

11                Announce the results.

12                THE SECRETARY:   Ayes, 63.

13                ACTING PRESIDENT PERSAUD:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   585, Senate Print 4095A, by Senator Sanders, an 

17   act to amend the Environmental Conservation Law.

18                SENATOR GIANARIS:   Lay it aside for 

19   the day.

20                ACTING PRESIDENT PERSAUD:   The bill 

21   will be laid aside for the day.

22                THE SECRETARY:   Calendar Number 

23   589, Senate Print 4866, by Senator Gianaris, an 

24   act to amend the Environmental Conservation Law.

25                ACTING PRESIDENT PERSAUD:   Read the 


                                                               1839

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT PERSAUD:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT PERSAUD:   Senator 

 8   Borrello to explain his vote.

 9                SENATOR BORRELLO:   Thank you.  

10   Thank you, Madam President.

11                I am rising in support of this bill.  

12   And I believe this certainly will help.  

13                But unfortunately, I also am here to 

14   point out a real if tragic irony, and that is the 

15   fact that it in our politically driven haste to 

16   build more and more renewable energy projects 

17   across the state, we have killed thousands of 

18   native species, destroyed habitats, done so many 

19   things to raze the land that these animals thrive 

20   on.  

21                And unfortunately, when we look at 

22   this and we say to ourselves we're doing this to 

23   save the planet, we are buying into the false 

24   narrative of these energy speculators that we 

25   must destroy our environment in order to save the 


                                                               1840

 1   planet.  So for every endangered species that 

 2   this bill will save, thousands more will die.  

 3                Google "American bald eagles that 

 4   have been killed by wind turbines."  You will see 

 5   countless decapitated carcasses laying on the 

 6   ground, our beautiful majestic American bald 

 7   eagle -- which, by the way, if an average citizen 

 8   were to kill, is a $250,000 fine and a felony.  I 

 9   would certainly love to see these wind turbine 

10   companies pay for each and every bald eagle that 

11   has died senselessly as a result of this.

12                The U.S. Fish and Wildlife Service 

13   estimates that roughly 500,000 birds a year are 

14   killed as a result of wind turbines.  This is a 

15   dangerous path that we're heading down.  We're 

16   talking about putting them into our lakes, our 

17   freshwater lakes that supply drinking water to 

18   millions of Americans, all to support a 

19   politically driven false narrative.  

20                So I support this today, but I urge 

21   my colleagues going forward to remember that this 

22   bill is a drop in the bucket compared to what 

23   we're already doing intentionally to our 

24   endangered species.  

25                Thank you.


                                                               1841

 1                ACTING PRESIDENT PERSAUD:   Senator 

 2   Borrello to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   Ayes, 63.

 5                ACTING PRESIDENT PERSAUD:   The bill 

 6   is passed.

 7                Senator Gianaris, that completes the 

 8   reading of today's calendar.

 9                SENATOR GIANARIS:   Madam President, 

10   can we now go to the controversial calendar, 

11   please.

12                ACTING PRESIDENT PERSAUD:   The 

13   Secretary will ring the bell.

14                The Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   372, Assembly Print Number 5684A, by 

17   Assemblymember Gottfried, an act to amend the 

18   Public Health Law.

19                ACTING PRESIDENT PERSAUD:   Senator 

20   Lanza, why do you rise?

21                SENATOR LANZA:   Madam President, I 

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

23   waive the reading of that amendment and ask that 

24   you recognize Senator Serino to be heard.

25                ACTING PRESIDENT PERSAUD:   Thank 


                                                               1842

 1   you, Senator Lanza.  

 2                Upon review of the amendment, in 

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

 4   nongermane and out of order at this time.

 5                SENATOR LANZA:   Accordingly, 

 6   Madam President, I appeal the ruling of the chair 

 7   and ask that you recognize Senator Serino.

 8                ACTING PRESIDENT PERSAUD:   The 

 9   appeal has been made and recognized, and 

10   Senator Serino may be heard.

11                Senator Serino.

12                SENATOR SERINO:   Thank you, 

13   Madam President.  

14                This amendment cannot be more 

15   germane to the bill-in-chief here today.  The 

16   current bill deals directly with the state's 

17   oversight of nursing homes, with the goal of 

18   assuring quality care.  While this is an 

19   extremely important goal, after everything we 

20   have learned this year, it is clear that serious 

21   questions remain about the state's ability to 

22   provide effective oversight.  

23                Tomorrow, March 25th, marks the 

24   one-year anniversary of the state's notorious 

25   order that sent COVID-positive patients directly 


                                                               1843

 1   into vulnerable nursing homes.  And we are still 

 2   without answers to basic questions about what 

 3   went wrong and what role state policy may have 

 4   played during this time.

 5                We don't know where resources were 

 6   allocated, whether the state properly adhered to 

 7   its own regulatory laws and infectious disease 

 8   protocols, and what steps, if any, were even 

 9   taken to try to keep COVID-positive patients out 

10   of vulnerable facilities.  The list goes on and 

11   on.

12                To continue passing legislation, to 

13   continue to hold budget negotiations behind 

14   closed doors with the same administration 

15   responsible for putting this order forward in the 

16   first place, defies logic.  If we want to put 

17   policy forward that truly improves quality care 

18   in New York's nursing homes and residential 

19   healthcare facilities, we have to have a full, 

20   independent review of the state's overall 

21   handling of the COVID crisis within them.

22                For months we've given this body a 

23   number of proposals to do that -- a bill to 

24   launch a bipartisan investigation, multiple 

25   subpoenas, and now this amendment, which would 


                                                               1844

 1   require the Comptroller to undergo a full audit 

 2   of the state's actions relating to these 

 3   facilities during this time.  

 4                It is not enough to pass and 

 5   continuously amend bills to snag a headline.  

 6   When it comes to improving long-term care in 

 7   New York, we have to learn from the mistakes of 

 8   the past to really get this right, but we 

 9   continue do that without a full review.  Anything 

10   less is disingenuous and does a disservice to the 

11   people of New York.

12                As we come upon this grave 

13   anniversary, I am asking my colleagues today, 

14   before simply voting no as a matter of procedure, 

15   to pause and consider the families of the 

16   15,000-plus residents who fell victim to COVID in 

17   these facilities.  They are desperate for 

18   answers, but many of them are also determined to 

19   ensure that the memories of their lost loved ones 

20   might bring about real change.  

21                We have the power to do right by 

22   them here today, and I urge my colleagues to do 

23   that by supporting this amendment.

24                Thank you, Madam President.

25                ACTING PRESIDENT MAYER:   Thank you, 


                                                               1845

 1   Senator.  

 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                SENATOR LANZA:   Request a show of 

 8   hands.

 9                SENATOR GIANARIS:   Madam President, 

10   we've agreed to waive the showing of hands and 

11   record each member of the Minority in the 

12   affirmative.

13                ACTING PRESIDENT MAYER:   Without 

14   objection, so ordered.

15                Announce the results.

16                THE SECRETARY:   Ayes, 20.

17                ACTING PRESIDENT MAYER:   The ruling 

18   of the chair stands, and the bill-in-chief is 

19   before the house.

20                Are there any other Senators wishing 

21   to be heard?

22                Seeing and hearing none, the debate 

23   is closed.  The Secretary will ring the bell.

24                Read the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               1846

 1   act shall take effect immediately.

 2                ACTING PRESIDENT MAYER:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT MAYER:   Announce 

 6   the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 372, those Senators voting in the 

 9   negative are Senators Akshar, Borrello, Felder, 

10   Gallivan, Lanza, Oberacker, O'Mara, Rath and 

11   Stec.

12                Ayes, 54.  Nays, 9.

13                ACTING PRESIDENT MAYER:   The bill 

14   is passed.  

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   458, Senate Print 1780B, by Senator Skoufis, an 

18   act to amend the Executive Law.

19                ACTING PRESIDENT MAYER:   Senator 

20   Lanza, why do you rise?

21                SENATOR LANZA:   Madam President, I 

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

23   waive the reading of that amendment and ask that 

24   you recognize Senator Oberacker to be heard.

25                ACTING PRESIDENT MAYER:   Thank you, 


                                                               1847

 1   Senator Lanza.  

 2                Upon review of the amendment, in 

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

 4   nongermane and out of order at this time.

 5                SENATOR LANZA:   Accordingly, 

 6   Madam President, I appeal the ruling of the chair 

 7   and ask that Senator Oberacker be recognized.

 8                ACTING PRESIDENT MAYER:   The appeal 

 9   has been made and recognized, and 

10   Senator Oberacker may be heard.

11                SENATOR OBERACKER:   Thank you, 

12   Madam President.

13                This amendment is germane to the 

14   bill-in-chief because they both amend the 

15   Executive Law.  This amendment would completely 

16   repeal the extraordinary powers the Governor has 

17   now had for over a year.  

18                Three weeks ago, this body passed a 

19   bill regarding these powers.  I voted no, along 

20   with the rest of my Republican colleagues.  

21   Everyone on the other side of the aisle voted 

22   yes.  Then you put out a press release saying the 

23   Governor's powers had been repealed and all is 

24   well.  Yet this week, the Governor was at it 

25   again, continuing suspensions and modifications 


                                                               1848

 1   of our laws.  It doesn't sound like his powers 

 2   have been repealed at all.

 3                This wonder bill was also supposed 

 4   to require the Commissioner of Health to certify 

 5   new executive orders and give detailed 

 6   explanations of why they are necessary.  

 7   Additionally, the Governor is supposed to give a 

 8   select few Majority Conference members five days' 

 9   notice of the provisions in new executive orders.  

10   Surprising nobody, this entire process, if done 

11   at all, has been done in secrecy.

12                Did the Governor run his latest 

13   orders by anyone?  Has anyone seen the 

14   commissioner's certificate?  Did the Majority 

15   share the new executive order provisions?  And 

16   where would a member of the Legislature, a 

17   business owner or any member of the public go to 

18   find any of these documents?

19                The executive order issued on 

20   March 21, which was supposed to comply with this 

21   new certification and notification process, 

22   extended all existing executive orders for an 

23   additional 30 days.  This includes the executive 

24   order that requires someone to purchase a meal 

25   with an alcoholic beverage.  And I would love to 


                                                               1849

 1   see the Health Commissioner's rationale for 

 2   extending that executive order.

 3                Restaurants and bars must still 

 4   close their doors at 11 p.m., another 

 5   nonscientific mandate.  The Health Commissioner 

 6   has yet to let anyone know just how COVID tells 

 7   time.

 8                The new executive order issued on 

 9   March 21 also permitted indoor fitness classes to 

10   operate.  That was great news.  If the Majorities 

11   knew about this, why didn't they let the public 

12   and the fitness club owners know that in 

13   five days they would be allowed to open?  

14                This simple notice would have 

15   allowed fitness club owners to prepare.  They 

16   have been doing this all along, as much as they 

17   can, to stay afloat, and a little common courtesy 

18   would have been nice.  Instead, they had to find 

19   out through one of the Governor's controlled 

20   press events, the same way the entire state has 

21   been finding out about ever-changing laws and 

22   regulations for this past year.  When does that 

23   end?  

24                Our conference argued that this bill 

25   did nothing to roll back the Governor's powers.  


                                                               1850

 1   And without a doubt, if the flimsy provisions 

 2   included in the measure are ignored or done in 

 3   secrecy, then what's the point?  This body needs 

 4   to take real action.  Pass this amendment that 

 5   will completely roll back the Governor's 

 6   extraordinary powers and reassert the Legislature 

 7   as a coequal branch of government.  This is long 

 8   overdue.  

 9                Madam President, thank you.

10                ACTING PRESIDENT MAYER:   Thank you, 

11   Senator.

12                I want to remind the house that the 

13   vote is on the procedures of the house and the 

14   ruling of the chair.

15                Those in favor of overruling the 

16   chair signify by saying aye.

17                SENATOR LANZA:   Request a show of 

18   hands.

19                SENATOR GIANARIS:   Madam President, 

20   we have once again agreed to waive the showing of 

21   hands and record each member of the Minority in 

22   the affirmative.

23                ACTING PRESIDENT MAYER:   Without 

24   objection, so ordered.

25                Announce the results.


                                                               1851

 1                THE SECRETARY:   Ayes, 20.

 2                ACTING PRESIDENT MAYER:   The ruling 

 3   of the chair stands, and the bill-in-chief is 

 4   before the house.

 5                Are there any other Senators wishing 

 6   to be heard?

 7                Seeing and hearing none, debate is 

 8   closed.  The Secretary will ring the bell.

 9                Read the last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect on the 90th day after it 

12   shall have become a law.

13                ACTING PRESIDENT MAYER:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT MAYER:   Senator 

17   May to explain her vote.

18                SENATOR MAY:   Thank you, 

19   Madam President.

20                This bill codifies into law an 

21   executive order that was made last spring to 

22   allow for remote notarization.  And I am rising 

23   now to speak about it because I think this is 

24   smart policy -- we've learned a lot about things 

25   that we can do remotely and should do remotely in 


                                                               1852

 1   the course of this pandemic -- but also because 

 2   I'm grateful for it on a personal level.  

 3                I experienced the difficulty of 

 4   getting something notarized in -- particularly in 

 5   modern conditions when I had to submit my oath of 

 6   office last fall -- in early winter.  I had it 

 7   notarized.  It took a while to find somebody who 

 8   would meet me personally and notarize it, and I 

 9   had it notarized and sent it in, and it turned 

10   out the person had put the wrong date on it, so I 

11   had to get another one.

12                And I got another one and it never 

13   arrived in the mail.  And finally the Secretary 

14   of the Senate called me and said, "You know what, 

15   we can do this remotely."  And so we did it 

16   remotely.  And lo and behold, she accidentally 

17   put 2020 instead of 2021 on it, so we had to do 

18   it a fourth time, on the day that we opened our 

19   session.  And I would not have been able to be in 

20   the Senate at that point if we hadn't been able 

21   to do this remotely.  

22                So I am personally grateful that 

23   this is possible, but I hope it has made other 

24   people's lives easier as well and will continue 

25   to do so.


                                                               1853

 1                I vote aye.  Thank you.

 2                ACTING PRESIDENT MAYER:   Senator 

 3   May to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar 458, voting in the negative:  

 7                Senator Griffo.

 8                Ayes, 62.  Nays, 1.

 9                ACTING PRESIDENT MAYER:   The bill 

10   is passed.

11                Senator Gianaris, that completes the 

12   reading of the controversial calendar.

13                SENATOR GIANARIS:   Is there any 

14   further business at the desk?

15                ACTING PRESIDENT MAYER:   There is 

16   no further business at the desk.

17                SENATOR GIANARIS:   I move to 

18   adjourn until tomorrow, Thursday, March 25th -- 

19   which is also the bicentennial of Greek 

20   independence -- at 11:00 a.m.

21                ACTING PRESIDENT MAYER:   On motion, 

22   the Senate stands adjourned until Thursday, 

23   March 25th, at 11:00 a.m.

24                (Whereupon, at 3:43 p.m., the Senate 

25   adjourned.)