Regular Session - May 4, 2021

                                                                   3058

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                     May 4, 2021

11                      3:29 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3059

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

 2                ACTING PRESIDENT BAILEY:   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 BAILEY:   In the 

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

10   moment of silent reflection and/or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BAILEY:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   May 3, 2021, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, May 2, 2021, 

18   was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BAILEY:   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 


                                                               3060

 1   moves to discharge, from the Committee on Health, 

 2   Assembly Bill Number 108B and substitute it for 

 3   the identical Senate Bill 1168A, Third Reading 

 4   Calendar 729.

 5                ACTING PRESIDENT BAILEY:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Rivera 

 8   moves to discharge, from the Committee on Health, 

 9   Assembly Bill Number 7119 and substitute it for 

10   the identical Senate Bill 6346, Third Reading 

11   Calendar 733.

12                ACTING PRESIDENT BAILEY:   The 

13   substitution is so ordered.

14                Messages from the Governor.

15                Reports of standing committees.

16                Reports of select committees.

17                Communications and reports from 

18   state officers.

19                Motions and resolutions.

20                Senator Gianaris.

21                SENATOR GIANARIS:   Mr. President, 

22   amendments are offered to the following 

23   Third Reading Calendar bills:  

24                On behalf of Senator Kaplan, 

25   page 11, Calendar 151, Senate Print 701; 


                                                               3061

 1                Also by Senator Kaplan, page 14, 

 2   Calendar Number 277, Senate Print 790;

 3                And Senator Mannion, page 38, 

 4   Calendar 756, Senate Print 5405. 

 5                ACTING PRESIDENT BAILEY:   The 

 6   amendments are received, and the bills shall 

 7   retain their place on the Third Reading Calendar.

 8                SENATOR GIANARIS:   Move to adopt 

 9   the Resolution Calendar, with the exception of 

10   Resolutions 679, 682 and 713.

11                ACTING PRESIDENT BAILEY:   All in 

12   favor of adopting the Resolution Calendar, with 

13   the exception of Resolutions 679, 682, and 713, 

14   signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT BAILEY:   Opposed, 

17   nay.

18                (No response.)

19                ACTING PRESIDENT BAILEY:   The 

20   Resolution Calendar is adopted.

21                Senator Gianaris.  

22                SENATOR GIANARIS:   Can we now take 

23   up Resolution 679, by Senator Kennedy, read its 

24   title, and recognize Senator Kennedy.

25                ACTING PRESIDENT BAILEY:   The 


                                                               3062

 1   Secretary will read.

 2                THE SECRETARY:   Senate Resolution 

 3   679, by Senator Kennedy, mourning the death of 

 4   Bruce Kogan, distinguished citizen and devoted 

 5   member of his community.

 6                ACTING PRESIDENT BAILEY:   Senator 

 7   Kennedy on the resolution.

 8                SENATOR KENNEDY:   Thank you, 

 9   Mr. President.

10                I rise today to honor the life of 

11   Bruce Kogan, a proud Western New Yorker and a 

12   devoted voice for the LGBTQ community.  

13                Bruce was born in Brooklyn, 

14   New York, and later moved to Buffalo in the 1990s 

15   once he retired.  

16                In the Queen City, Bruce became a 

17   vital part of Stonewall, a Western New York 

18   organization that advocates for LGBTQ individuals 

19   and families.  He was a proud and powerful voice 

20   in the fight for marriage equality right here in 

21   the great State of New York, as well as fighting 

22   for the historic passage of the Gender Expression 

23   Non-Discrimination Act, the ban on conversion 

24   therapy, as well as past victories like the 

25   Sexual Orientation Non-Discrimination Act and 


                                                               3063

 1   many others.

 2                For every major milestone we've 

 3   marked in the fight for equality and justice for 

 4   all communities here in New York, Bruce Kogan was 

 5   there, because he believed in dedicating his life 

 6   to public service and he believed in creating a 

 7   better, more tolerant world for everyone.  

 8                Bruce was passionate about helping 

 9   LGBTQ crime victims and spent his career at the 

10   New York State Crime Victims Board, never 

11   stopping in his pursuit of justice on behalf of 

12   those who had been victimized.  

13                That concern for survivors of hate 

14   crimes continued until his final days, with his 

15   strong advocacy for the abolition of the 

16   so-called gay panic defense.  I'm so glad 

17   personally, Mr. President, that Bruce Kogan was 

18   here to see that here to fruition.

19                Beyond his advocacy, Bruce was a 

20   true friend to countless Western New Yorkers.  I 

21   think I can speak for many of the local 

22   colleagues when I say that his calls to my office 

23   were truly a highlight of the day for my staff 

24   and myself, bringing conversation of unvarnished 

25   advocacy, friendly conversation, and of course a 


                                                               3064

 1   little bit of gossip from the neighborhood and 

 2   the community, what was happening.

 3                Bruce Kogan leaves behind a legacy 

 4   of compassion and advocacy which will endure the 

 5   passage of time and will remain as a comforting 

 6   memory to all that he served and all that he 

 7   befriended.  The lives of every single woman, man 

 8   and child in our state and in our community is 

 9   better and more equal because of Bruce Kogan's 

10   unwavering commitment and his life's work.  

11                We express our deepest condolences, 

12   Mr. President, to his family, to his friends and 

13   all that knew him, and we thank them for sharing 

14   him with all of us.  May he rest in peace.

15                Thank you, Mr. President.

16                ACTING PRESIDENT BAILEY:   Thank 

17   you, Senator Kennedy.

18                Senator Ryan on the resolution.

19                SENATOR RYAN:   Thank you, 

20   Mr. President.

21                I applaud Senator Kennedy for 

22   bringing this resolution forward today.

23                I'll just talk for a minute, 

24   Mr. President, about Bruce Kogan.  He was such an 

25   indescribable, unique person.  Start with, who 


                                                               3065

 1   the heck moves to Buffalo to retire?  

 2                So he moves to Buffalo to retire 

 3   after spending his career as a state employee, 

 4   and he just quickly enmeshes himself into the 

 5   community.  Even though he never lost his 

 6   Brooklyn accent, people were still surprised to 

 7   hear that he didn't spend his whole life in 

 8   Buffalo because he was so deeply enmeshed in the 

 9   community.  

10                My kids have known Bruce since they 

11   were babies, and he was just a quiet guy who 

12   always had a smile on his face.  But don't let 

13   that fool you, because he was a staunch advocate 

14   for the LGBTQ community.  But he did it with a 

15   smile, and he did it with a kind voice.  But he 

16   never stopped.  He was one of those guys if you 

17   underestimated him, you know, that was at your 

18   own peril.  

19                I never heard him speak in ill will 

20   about anybody.  Even people who were vehemently 

21   against him because of what he was, he still 

22   didn't speak in ill will.  And he endeavored 

23   always to make people talk to him.  People who 

24   would reject him because of who he was, he wanted 

25   to sit with them.  Because he would start the 


                                                               3066

 1   conversation by asking how they were.  He would 

 2   talk about baseball.  He would say:  "I 

 3   understand you Bills fans because I'm a Mets fan.  

 4   We've got a lot in common."  

 5                So people couldn't escape a meeting 

 6   with him without recognizing his humanity and the 

 7   fact that he was a person with goals and loves 

 8   and aspirations, and it really helped change 

 9   people's minds.  

10                And, you know, I wish I could 

11   describe more accurately just a special sauce to 

12   make up Bruce Kogan.  He had a sense of humor.  

13   You know, he said, "I've been doing this LGBT 

14   stuff since I was born, because that's what I was 

15   born as."  

16                He said, "When we first started 

17   working on it, it was kind of an L and G issue."  

18   He goes, "Then we added the B, and now we added 

19   the T, and now we added the Q."  He goes, "But I 

20   was there from when we only had two initials."  

21                And Bruce was a person who was 

22   generous in spirit but also generous in action.  

23   You know, he lived on a pension from his time as 

24   a state employee, and I'm sure at the end that he 

25   had very little.  But the reason he had very 


                                                               3067

 1   little is because he gave to everybody who needed 

 2   it.  

 3                I mean, he was involved in every end 

 4   of the community.  You know, he would drag me to 

 5   lunches with gay seniors, you know, and he would 

 6   explain how being a gay person in your eighties, 

 7   well, you often ended up alone because society 

 8   wouldn't allow you to form family bonds.  So, he 

 9   said, we can't forget people living alone in 

10   their eighties; we've got to make sure there's 

11   programs for them.  

12                Now the county has a meals program 

13   just dedicated mostly to gay seniors.  

14                And then he would start talking 

15   about the problems faced by, you know, young gay 

16   couples with children.  And the next thing you 

17   know, he's up there with his wallet giving more 

18   donations.  

19                And then he wanted to talk to you 

20   about the problems facing gay youth, especially 

21   homeless gay youth.  And he just never stopped.

22                But if I have a memory of Bruce, 

23   it's him sitting at a neighborhood picnic in a 

24   chair, with his Mets cap on, and just a big smile 

25   on his face.  And people would come up and talk 


                                                               3068

 1   to him, and he'd dispense a little wisdom, he 

 2   would talk about the Mets, and then the next 

 3   person would come up.

 4                So Bruce was somebody who was, you 

 5   know, a proud Buffalonian by adoption.  We were 

 6   so happy to have him in our community.  I will 

 7   miss him, I will miss his sunny disposition, his 

 8   special way of advocacy.  But I'll mostly miss 

 9   him for what he taught me in the world.  And so 

10   today I'm very happy to have stood up to honor 

11   the life and the legacy of Bruce Kogan.  

12                Thank you very much, Mr. President.

13                ACTING PRESIDENT BAILEY:   The 

14   question is on the resolution.  

15                All in favor signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT BAILEY:   Opposed?  

18                (No response.)

19                ACTING PRESIDENT BAILEY:   The 

20   resolution is adopted.

21                Senator Gianaris.

22                SENATOR GIANARIS:   Thank you, 

23   Mr. President.  We're now going to move to 

24   Resolution 682, by Senator May, read its title, 

25   and recognize Senator May.


                                                               3069

 1                ACTING PRESIDENT BAILEY:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Senate Resolution 

 4   682, by Senator May, commemorating the 

 5   75th Anniversary of Le Moyne College.

 6                ACTING PRESIDENT BAILEY:   Senator 

 7   May on the resolution.

 8                SENATOR MAY:   Thank you, 

 9   Mr. President.  I am pleased to offer this 

10   resolution, together with my colleague 

11   Senator Mannion, in honor of Le Moyne College's 

12   75th anniversary.  

13                Le Moyne is the reason I live in 

14   Syracuse.  My husband started working teaching 

15   there in 1994.  At the time I had never heard of 

16   Le Moyne, and I couldn't have found Syracuse on a 

17   map.  But we quickly realized that this was an 

18   extraordinary institution that makes its city, 

19   its region, and the world a better place.

20                Le Moyne was founded in the Jesuit 

21   tradition, which means it is not only a place of 

22   serious inquiry where students' minds get a 

23   rigorous education, but also a place that values 

24   service and the spiritual and emotional 

25   development of its students.


                                                               3070

 1                Its world-class faculty engages 

 2   students in research and practical experiences 

 3   that contribute to the fact that nearly all 

 4   graduates find jobs in their chosen fields.

 5                There are many other colleges that 

 6   could say the same, but Le Moyne does more than 

 7   this.  It recently started a unique program 

 8   called Manresa that is aimed at complementing the 

 9   regular coursework with classes and experiences 

10   aimed at developing a sense of vocation, of 

11   purpose in life.  

12                Le Moyne also goes farther than most 

13   institutions in making it possible for students 

14   of limited means, often the first in their 

15   generation to attend college, not only to attend 

16   but to thrive.

17                Le Moyne's motto is "Where greatness 

18   meets goodness."  I want to mention a few people 

19   at Le Moyne who exemplify this motto.  

20                Andrew Lunetta graduated from 

21   Le Moyne in 2012.  While in college, he went on a 

22   service trip to Dominica and got involved in 

23   helping homeless residents of that Caribbean 

24   island.  Back in Syracuse, he started a project 

25   to refurbish old bicycles to give to homeless 


                                                               3071

 1   men.  

 2                And after graduation, he founded a 

 3   nonprofit called A Tiny Home for Good that builds 

 4   tiny homes for homeless veterans and other 

 5   homeless people so that they can finally have the 

 6   home they want.  His work is literally changing 

 7   the landscape of our city for the better.

 8                Jeanette Epps graduated from 

 9   Le Moyne in 1992 with a degree in physics.  She 

10   went on to get a Ph.D. in aerospace engineering, 

11   and in 2009 she was chosen as one of nine members 

12   of NASA's 20th class of astronauts.  

13                She is slated to go to the 

14   International Space Station this year as the 

15   first black woman at an international space 

16   station.

17                And finally, I want to acknowledge 

18   Le Moyne's president, Linda LeMura, the first 

19   female lay woman to lead a Jesuit institution.  

20                Linda brings boundless energy and 

21   passion to the job -- as I can attest, because 

22   she has me on speed dial and calls me about every 

23   issue that she thinks is important to the 

24   institution.  But with that boundless passion, 

25   she inspires the admiration and affection of all 


                                                               3072

 1   who know her.

 2                Congratulations to Le Moyne on 

 3   75 wonderful years, and here's to 75 more.

 4                Thank you.

 5                ACTING PRESIDENT BAILEY:   Thank 

 6   you, Senator May.

 7                Senator Mannion on the resolution.

 8                SENATOR MANNION:   Thank you, 

 9   Mr. President.

10                And thank you to Senator May for 

11   allowing me to join with her in acknowledging 

12   75 years of Le Moyne College.  

13                "But Love the Truth and Peace."  

14   That is the founding ideal of Le Moyne College, 

15   and it is as relevant now as it was 75 years ago 

16   when the Jesuits established a new college in 

17   Central New York to provide a well-rounded 

18   education.

19                Guided by that principle and their 

20   faith and their values, a pillar of Central 

21   New York has grown -- a beacon on the heights 

22   that attracts the best and the brightest.  It's 

23   where for generations the local kids can get a 

24   degree and compete at the next level.

25                And while Le Moyne prepares its 


                                                               3073

 1   students for the world, it also helps keep many 

 2   close to home.  Le Moyne alumni have reached the 

 3   top of their fields in New York, across the 

 4   country, and around the world, from politicians 

 5   to pollsters to a baseball commissioner.  And 

 6   glass-shattering women, including current 

 7   President Linda LeMura who, in keeping a watchful 

 8   eye over her students, moved into an off-campus 

 9   community to make sure that they were following 

10   the correct guidelines.

11                Also there are stars in business and 

12   industry -- actual stars, as Senator May 

13   referenced.  I'm referring, of course, to 

14   Le Moyne alumna and current NASA astronaut 

15   Jeanette Epps.  

16                But my favorite alumni include a 

17   couple of future alumni from Westvale, New York.  

18   My wife, Jennifer Brady Mannion, Class of 1995, 

19   an English major, education minor, who played 

20   four years of intercollegiate tennis and reminds 

21   me frequently that the women's tennis team had 

22   the highest GPA of any team at Le Moyne.  We were 

23   married almost 24 years ago in the chapel on 

24   campus.  

25                I also have to acknowledge a young 


                                                               3074

 1   man, Jack Mannion, Class of 2021, business 

 2   analytics major, and a young woman, 

 3   Quinn Mannion, Class of 2024, a biology major.  

 4   Both have had their parents entrust the College 

 5   of Le Moyne with helping them achieve their big 

 6   dreams and their big future and their limitless 

 7   potential.  

 8                It's my honor to have Le Moyne 

 9   College in the 50th Senate District, and it is 

10   all of our honor to have such a fine institution 

11   of higher learning in our state.

12                Have faith on the Heights -- someday 

13   soon Dolphy Day will be back.  Fins up!  

14                Thank you, Mr. President.  

15                ACTING PRESIDENT BAILEY:   The 

16   question is on the resolution.  

17                All in favor signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT BAILEY:   Opposed?  

20                (No response.)

21                ACTING PRESIDENT BAILEY:   The 

22   resolution is adopted.

23                Senator Gianaris.

24                SENATOR GIANARIS:   And now, 

25   Mr. President, Resolution 713, also by 


                                                               3075

 1   Senator May.  Please read its title and recognize 

 2   Senator May.

 3                ACTING PRESIDENT BAILEY:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Senate Resolution 

 6   713, by Senator May, memorializing Governor 

 7   Andrew M. Cuomo to proclaim May 9-15, 2021, as 

 8   Skilled Nursing Care Week in the State of 

 9   New York.

10                ACTING PRESIDENT BAILEY:   Senator 

11   May on the resolution.

12                SENATOR MAY:   Thank you, 

13   Mr. President.

14                Everyone is aware of the tragic year 

15   that we have seen in our skilled nursing 

16   facilities here in New York and around the 

17   country.  If there's a silver lining to the 

18   pandemic, it is that we can no longer ignore the 

19   critical work that these facilities do year in 

20   and year out.

21                Skilled nursing centers provide 

22   rehabilitation for people recovering from surgery 

23   and acute care, or they become homes for 

24   residents who are in the last years of their 

25   lives.  Families depend on them to provide not 


                                                               3076

 1   just medical care but compassion, patience, 

 2   understanding, even love.  The staff care not 

 3   only for their residents but for concerned 

 4   families and loved ones.  

 5                In the context of the pandemic, they 

 6   have also been dealing with the demands and costs 

 7   of infection control, with the physical and 

 8   emotional toll of losing residents and staff to 

 9   the disease, with ever-changing guidance from the 

10   federal and state governments.  Through all that, 

11   they have gotten the vast majority of their 

12   residents vaccinated and continue to provide the 

13   day-to-day care that is so important.  

14                The theme of this National Skilled 

15   Nursing Care Week is "Together through the 

16   seasons."  It's a time to recognize the good work 

17   of these facilities and, we hope, to celebrate 

18   the fact that families are increasingly able to 

19   be together with their loved ones as it becomes 

20   easier to visit nursing homes.

21                I thank my colleagues for bringing 

22   this resolution forward to recognize skilled 

23   nursing homes, and I vote in favor of the 

24   resolution.

25                ACTING PRESIDENT BAILEY:   Senator  


                                                               3077

 1   Serino on the resolution.

 2                SENATOR SERINO:   Thank you, 

 3   Mr. President, and very nice to see you.

 4                I rise today to honor the thousands 

 5   of New Yorkers who have dedicated their lives to 

 6   protecting and caring for some of our most 

 7   vulnerable neighbors.  

 8                Those who choose the path of skilled 

 9   nursing care do so with compassion and a 

10   dedication to their patients that is often 

11   unparalleled, and they deserve our thanks and our 

12   gratitude.

13                Throughout the COVID-19 pandemic, 

14   many of those working in New York's skilled 

15   nursing care centers have been true unsung 

16   heroes, often going far above and beyond the call 

17   of duty to protect the residents that they serve.

18                In my community especially, I have 

19   seen firsthand time and time again all the ways 

20   that they work to bring a vibrancy to their 

21   facilities and to empower their residents to age 

22   with dignity, often becoming more like family 

23   than staff.

24                However, too often during the COVID 

25   crisis, these New Yorkers have not gotten the 


                                                               3078

 1   thanks that they deserve.  They've been 

 2   scapegoated by a state whose own policies put 

 3   themselves and their residents directly in harm's 

 4   way, and their needs too often went overlooked.  

 5                As we look to rebuild in the wake of 

 6   the pandemic, may we honor their work and 

 7   dedication as caregivers far beyond this one 

 8   week, by advocating for the policies and the 

 9   resources that they need to provide the best 

10   possible care for the residents they so 

11   selflessly serve.  

12                Thank you, Mr. President.

13                ACTING PRESIDENT BAILEY:   The 

14   question is on the resolution. 

15                All in favor signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT BAILEY:   Opposed?  

18                (No response.)

19                ACTING PRESIDENT BAILEY:   The 

20   resolution is adopted.

21                Senator Gianaris.

22                SENATOR GIANARIS:   Mr. President, 

23   at the request of the sponsors, the resolutions 

24   we just took up are open for cosponsorship.

25                ACTING PRESIDENT BAILEY:   The 


                                                               3079

 1   resolutions are open for cosponsorship.  Should 

 2   you choose not to be a cosponsor of the 

 3   resolutions, please notify the desk.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   There will be an 

 6   immediate meeting of the Rules Committee in 

 7   Room 332.

 8                ACTING PRESIDENT BAILEY:   There 

 9   will be an immediate meeting of the 

10   Rules Committee in Room 332.

11                SENATOR GIANARIS:   The Senate 

12   stands at ease.

13                ACTING PRESIDENT BAILEY:   The 

14   Senate will stand at ease.

15                (Whereupon, the Senate stood at ease 

16   at 3:50 p.m.)

17                (Whereupon, the Senate reconvened at 

18   3:56 p.m.)

19                ACTING PRESIDENT BAILEY:   The 

20   Senate will return to order.

21                Senator Gianaris.

22                SENATOR GIANARIS:   Mr. President, 

23   let's take up the Rules Committee report that is 

24   at the desk.

25                ACTING PRESIDENT BAILEY:   The 


                                                               3080

 1   Secretary will read.

 2                THE SECRETARY:   Senator 

 3   Stewart-Cousins, from the Committee on Rules, 

 4   reports the following bill:  

 5                Senate Print 6481, by 

 6   Senator Skoufis, an act to clarify qualifications 

 7   for certain supplemental costs associated with an 

 8   emergency rental assistance program.

 9                The bill is reported direct to third 

10   reading.

11                SENATOR GIANARIS:   Move to accept 

12   the report of the Rules Committee.

13                ACTING PRESIDENT BAILEY:   All those 

14   in favor of accepting the report of the 

15   Rules Committee signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT BAILEY:   Opposed, 

18   nay.

19                (No response.)

20                ACTING PRESIDENT BAILEY:   The Rules 

21   Committee report is accepted.

22                Senator Gianaris.

23                SENATOR GIANARIS:   Take up the 

24   calendar, please.

25                ACTING PRESIDENT BAILEY:   The 


                                                               3081

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   288, Senate Print 2675, by Senator Gallivan, an 

 4   act to amend the General Municipal Law.

 5                ACTING PRESIDENT BAILEY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BAILEY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BAILEY:   Announce 

13   the results.

14                THE SECRETARY:   Ayes, 63.

15                ACTING PRESIDENT BAILEY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   335, Senate Print 2936, by Senator Kaminsky, an 

19   act to amend the Environmental Conservation Law.

20                ACTING PRESIDENT BAILEY:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BAILEY:   Call the 

25   roll.


                                                               3082

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BAILEY:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 335, those Senators voting in the 

 6   negative are Senators Akshar and Ritchie.

 7                Ayes, 61.  Nays, 2.

 8                ACTING PRESIDENT BAILEY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   400, Senate Print 64, by Senator Persaud, an act 

12   to amend the Social Services Law.

13                ACTING PRESIDENT BAILEY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the first of January.

17                ACTING PRESIDENT BAILEY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BAILEY:   Announce 

21   the results.

22                THE SECRETARY:   In relation to 

23   Calendar 400, those Senators voting in the 

24   negative are Senators Akshar, Borrello, Lanza, 

25   Oberacker, O'Mara, Ritchie and Stec.


                                                               3083

 1                Ayes, 56.  Nays, 7.

 2                ACTING PRESIDENT BAILEY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   481, Senate Print 4856, by Senator 

 6   Reichlin-Melnick, an act to amend the 

 7   Insurance Law.

 8                ACTING PRESIDENT BAILEY:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BAILEY:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BAILEY:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar 481, voting in the negative:  

19   Senator Ortt.

20                Ayes, 62.  Nays, 1.

21                ACTING PRESIDENT BAILEY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   566, Senate Print 5402, by Senator Boyle, an act 

25   in relation to authorizing Chabad of Islip 


                                                               3084

 1   Township, Inc., to file an application for 

 2   exemption from real property taxes.  

 3                ACTING PRESIDENT BAILEY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BAILEY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BAILEY:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar 566, those Senators voting in the 

14   negative are Senators Akshar and O'Mara.

15                Ayes, 61.  Nays, 2.

16                ACTING PRESIDENT BAILEY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   607, Senate Print 2903A, by Senator Kavanagh, an 

20   act to amend the Criminal Procedure Law.

21                ACTING PRESIDENT BAILEY:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

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

25   shall have become a law.


                                                               3085

 1                ACTING PRESIDENT BAILEY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BAILEY:   Announce 

 5   the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 607, those Senators voting in the 

 8   negative are Senators Borrello, Helming, Lanza, 

 9   O'Mara, Ortt, Rath and Serino.

10                Ayes, 56.  Nays, 7.

11                ACTING PRESIDENT BAILEY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   615, Senate Print 704A, by Senator Kaplan, an act 

15   authorizing the Empire State Development 

16   Corporation to develop a public awareness 

17   campaign.

18                ACTING PRESIDENT BAILEY:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BAILEY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BAILEY:   Announce 


                                                               3086

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 615, voting in the negative:  

 4   Senator Skoufis.

 5                Ayes, 62.  Nays, 1.  

 6                ACTING PRESIDENT BAILEY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   639, Senate Print 5060, by Senator Kennedy, an 

10   act to amend the Vehicle and Traffic Law.

11                ACTING PRESIDENT BAILEY:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

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

15   shall have become a law.

16                ACTING PRESIDENT BAILEY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BAILEY:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 63.

22                ACTING PRESIDENT BAILEY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   729, Assembly Print Number 108B, substituted 


                                                               3087

 1   earlier by Assemblymember Gunther, an act to 

 2   amend the Public Health Law.

 3                SENATOR LANZA:   Lay it aside.

 4                ACTING PRESIDENT BAILEY:   Lay it 

 5   aside.

 6                THE SECRETARY:   Calendar Number 

 7   730, Senate Print 4532, by Senator Brouk, an act 

 8   to amend the Public Health Law and the 

 9   Insurance Law.

10                ACTING PRESIDENT BAILEY:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect on the 120th day after it 

14   shall have become a law.

15                ACTING PRESIDENT BAILEY:   Call the 

16   roll.  

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BAILEY:   Announce 

19   the results.

20                THE SECRETARY:   In relation to 

21   Calendar 730, voting in the negative:  

22   Senator Ryan.

23                Ayes, 62.  Nays, 1.

24                ACTING PRESIDENT BAILEY:   The bill 

25   is passed.


                                                               3088

 1                THE SECRETARY:   Calendar Number 

 2   733, Assembly Print Number 7119, substituted 

 3   earlier by Assemblymember Gunther, an act to 

 4   amend the Public Health Law.

 5                SENATOR LANZA:   Lay it aside.

 6                ACTING PRESIDENT BAILEY:   Lay it 

 7   aside.

 8                THE SECRETARY:   Calendar Number 

 9   737, Senate Print 4089, by Senator Hinchey, an 

10   act to amend the Agriculture and Markets Law.

11                ACTING PRESIDENT BAILEY:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BAILEY:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BAILEY:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 63.

21                ACTING PRESIDENT BAILEY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   740, Senate Print 4112, by Senator Breslin, an 

25   act to amend the Insurance Law.


                                                               3089

 1                ACTING PRESIDENT BAILEY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BAILEY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 63.

 9                ACTING PRESIDENT BAILEY:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   769, Senate Print 133, by Senator Mayer, an act 

13   to amend the General Business Law.

14                ACTING PRESIDENT BAILEY:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect one year after it shall 

18   have become a law.

19                ACTING PRESIDENT BAILEY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BAILEY:   Senator 

23   Mayer to explain her vote.

24                SENATOR MAYER:   Thank you, 

25   Mr. President.


                                                               3090

 1                I want to explain my vote on this 

 2   important consumer protection bill, one of 

 3   many that this conference has brought to the 

 4   floor.

 5                According to the Consumer Financial 

 6   Protection Bureau, rewards programs are among the 

 7   most important factors for consumers when 

 8   selecting a credit card.  In fact, in 2019 more 

 9   than 60 percent of all new credit card accounts 

10   were for rewards cards.  

11                Unfortunately, rewards programs are 

12   governed by agreements that are not mutually 

13   agreed to by consumers and the companies.  In 

14   fact, credit card companies can unilaterally 

15   close an account and basically steal your points.  

16                And that's what happened to one of 

17   my constituents, who had saved over 1 million 

18   points, worth in excess of $50,000, and then the 

19   bank, shockingly and without notice, closed their 

20   credit card and took their points.  They stole 

21   their points.  

22                What is important to note is that 

23   the bank refused to address the missing key 

24   consumer protection issue, which is that they 

25   will not turn over to customers the assets the 


                                                               3091

 1   customer had validly earned in transacting with 

 2   the cards.  

 3                Consumers put their faith into 

 4   accruing points, like this constituent did, for 

 5   their retirement.  And they are basically allowed 

 6   to be stolen.  This bill addresses a serious 

 7   consumer problem that so many of our constituents 

 8   throughout the state have had.  

 9                I'm very pleased that it's passing.  

10   I look forward to it passing in the Assembly as 

11   well, and to restore some balance between 

12   consumers and those that hold their credit cards.  

13                Thank you.  I vote aye.

14                ACTING PRESIDENT BAILEY:   Senator 

15   Mayer to be recorded in the affirmative.

16                Announce the results.

17                THE SECRETARY:   Ayes, 63.

18                ACTING PRESIDENT BAILEY:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   772, Senate Print 2819, by Senator Addabbo, an 

22   act to amend the General Business Law.

23                ACTING PRESIDENT BAILEY:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3092

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

 2   shall have become a law.

 3                ACTING PRESIDENT BAILEY:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BAILEY:   Announce 

 7   the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 772, those Senators voting in the 

10   negative are Senators Lanza, Oberacker and 

11   Skoufis.

12                Ayes, 60.  Nays, 3.

13                ACTING PRESIDENT BAILEY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   790, Senate Print 5475, by Senator Stavisky, an 

17   act to amend the State Finance Law.

18                ACTING PRESIDENT BAILEY:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BAILEY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BAILEY:   Announce 


                                                               3093

 1   the results.

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT BAILEY:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   799, Senate Print 5046, by Senator Parker, an act 

 7   in relation to alternative finance investment 

 8   bonds.  

 9                ACTING PRESIDENT BAILEY:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BAILEY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BAILEY:   Announce 

17   the results.

18                THE SECRETARY:   In relation to 

19   Calendar 799, those Senators voting in the 

20   negative are Senators Akshar, Borrello, Boyle, 

21   Gallivan, Griffo, Helming, Jordan, Lanza, 

22   Martucci, Mattera, Oberacker, O'Mara, Ortt, 

23   Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

24   Weik.

25                Ayes, 43.  Nays, 20.


                                                               3094

 1                ACTING PRESIDENT BAILEY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   801, Senate Print 3682, by Senator Felder, an act 

 5   to direct the commissioner of education to 

 6   examine, evaluate and make recommendations on the 

 7   provision of services by public school guidance 

 8   counselors.

 9                ACTING PRESIDENT BAILEY:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BAILEY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BAILEY:   Announce 

17   the results.

18                THE SECRETARY:   Ayes, 63.

19                ACTING PRESIDENT BAILEY:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   805, Senate Print 4818, by Senator Thomas, an act 

23   to amend Chapter 1017 of the Laws of 1963.

24                ACTING PRESIDENT BAILEY:   Read the 

25   last section.


                                                               3095

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.  

 3                ACTING PRESIDENT BAILEY:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BAILEY:   Announce 

 7   the results.

 8                THE SECRETARY:   Ayes, 63.

 9                ACTING PRESIDENT BAILEY:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   831, Senate Print 1045, by Senator Ramos, an act 

13   to amend the Labor Law.

14                ACTING PRESIDENT BAILEY:   Read the 

15   last section.

16                THE SECRETARY:   Section 5.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BAILEY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BAILEY:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 63.

24                ACTING PRESIDENT BAILEY:   The bill 

25   is passed.


                                                               3096

 1                Senator Gianaris, that completes the 

 2   reading of today's calendar.

 3                SENATOR GIANARIS:   Thank you.  Can 

 4   we now move on to the supplemental calendar.

 5                ACTING PRESIDENT BAILEY:   There is 

 6   a substitution at the desk.  

 7                The Secretary will read.

 8                THE SECRETARY:   Senator Skoufis 

 9   moves to discharge, from the Committee on Rules, 

10   Assembly Bill Number 7280 and substitute it for 

11   the identical Senate Bill 6481, Third Reading 

12   Calendar 889.

13                ACTING PRESIDENT BAILEY:   The 

14   substitution is so ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   889, Assembly Print 7280, by Assemblymember 

18   Paulin, an ability to clarify qualifications for 

19   certain supplemental costs associated with an 

20   emergency rental assistance program.

21                ACTING PRESIDENT BAILEY:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BAILEY:   Call the 


                                                               3097

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BAILEY:   Senator 

 4   Mayer to explain her vote.

 5                SENATOR MAYER:   Thank you, 

 6   Mr. President.

 7                Yesterday the Senate moved to extend 

 8   the Emergency Eviction and Foreclosure Prevention 

 9   Act until August 31st.  Had we not taken this 

10   step, evictions for individuals who have been 

11   unable to pay their rent and who have filed a 

12   hardship declaration would potentially have been 

13   allowed to proceed immediately, forcing families 

14   out of their homes and threatening our progress 

15   in fighting the spread of COVID.  I was proud to 

16   support that bill.

17                Today I'm pleased to vote for this 

18   bill, which addresses some of the challenging 

19   situations which we have been advised about where 

20   tenants have either failed or could not fill out 

21   the hardship declaration, causing real harm to 

22   landlords, who must pay taxes, mortgage and other 

23   essential expenses.  

24                While these tenants are a minority, 

25   and that should be noted, their behavior poses 


                                                               3098

 1   challenges to our neighbors and our communities.  

 2   This bill, which will clarify the use of the 

 3   fully state-funded monies we set aside in the 

 4   budget, will expand income eligibility for the 

 5   federal funds above 80 percent of the AMI and 

 6   ensure that landlords who have made good faith 

 7   efforts to contact tenants, but have been unable 

 8   to do so, will be eligible for payment.

 9                I am pleased that we have done both 

10   these bills, addressing the real threat that 

11   eviction poses in all of our communities, and at 

12   the same time being mindful that landlords too 

13   have expenses and needs that must be met.

14                I commend Senator Kavanagh for his 

15   leadership, and certainly our Majority Leader for 

16   finding a path of fairness and equity protecting 

17   all of the residents of our communities.  

18                I vote aye.

19                ACTING PRESIDENT BAILEY:   Senator 

20   Mayer to be recorded in the affirmative.

21                Senator Kavanagh to explain his 

22   vote.

23                SENATOR KAVANAGH:   Thank you, 

24   Mr. President.

25                I rise also to explain my vote on 


                                                               3099

 1   Senate Bill 6481, which as my colleague has noted 

 2   is to clarify the availability of $100 million in 

 3   state money that was included in the State Budget 

 4   to cover the needs of landlords and tenants that 

 5   may not be addressed by the very generous 

 6   $2.4 billion program that we provided with 

 7   federal funding.

 8                As was announced yesterday by the 

 9   Executive that larger programs should be 

10   available for application by the end of this 

11   month, this bill is an important backstop for 

12   those who may be deserving but not eligible for 

13   that program.  It does provide that tenants who 

14   are otherwise eligible but whose income exceeds 

15   80 percent of the area median income but are 

16   nonetheless having a hardship, would be eligible 

17   to have their rent arrears paid.  

18                And it also does provide that 

19   landlords who have been housing people in good 

20   faith throughout this period, who may have made 

21   efforts to get their tenants to apply but cannot 

22   do so, either because the tenant declines to 

23   apply for whatever reason, or perhaps because the 

24   tenant hung on for a long time and built up rent 

25   arrears but is no longer present in the 


                                                               3100

 1   apartment.

 2                So the message today is that once 

 3   again this house is taking proactive steps to 

 4   address the tremendous hardship that COVID-19 has 

 5   brought on.  And although, you know, we have had 

 6   some controversy over exactly how to balance 

 7   these interests, we are stepping forward today 

 8   with a very important program to make sure that 

 9   as many tenants and landlords as possible are 

10   covered for their legitimate needs in this 

11   hardship.  

12                And for those reasons, I vote aye.  

13                Thank you very much.

14                ACTING PRESIDENT BAILEY:   Senator 

15   Kavanagh to be recorded in the affirmative.

16                Announce the results.

17                THE SECRETARY:   Ayes, 63.

18                ACTING PRESIDENT BAILEY:   The bill 

19   is passed.

20                Senator Gianaris, that completes the 

21   reading of today's supplemental calendar.

22                SENATOR GIANARIS:   Let's now move 

23   on to the controversial calendar, please.

24                ACTING PRESIDENT BAILEY:   The 

25   Secretary will ring the bell.


                                                               3101

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   729, Assembly Print 108B, by Assemblymember 

 4   Gunther, an act to amend the Public Health Law.

 5                ACTING PRESIDENT BAILEY:   Senator 

 6   Lanza, why do you rise?

 7                SENATOR LANZA:   Mr. President, I 

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

 9   waive the reading of that amendment and ask that 

10   Senator Stec be recognized and heard.

11                ACTING PRESIDENT BAILEY:   Thank 

12   you, Senator Lanza.

13                Upon review of the amendment, in 

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

15   nongermane and out of order at this time.

16                SENATOR LANZA:   Accordingly, 

17   Mr. President, I appeal the ruling of the chair 

18   and ask that Senator Stec be recognized.

19                ACTING PRESIDENT BAILEY:   The 

20   appeal has been made and recognized, and 

21   Senator Stec may be heard.

22                SENATOR STEC:   Thank you, 

23   Mr. President.  

24                I rise to appeal the ruling of the 

25   chair.  The proposed amendment is germane to the 


                                                               3102

 1   bill at hand because the amendment specifically 

 2   amends a part of the bill-in-chief by removing 

 3   certain language.

 4                The bill as currently drafted places 

 5   a mandate on all of our hospitals, but one that 

 6   would be more difficult for our rural hospitals 

 7   to absorb than others, and therefore this 

 8   amendment would exclude these from those 

 9   provisions.  

10                And for these reasons, 

11   Mr. President, I strongly urge you to reconsider 

12   your ruling of germaneness.  

13                Thank you.

14                ACTING PRESIDENT BAILEY:   Thank 

15   you, Senator.  

16                I want to remind the house that the 

17   vote is on the procedures of the house and the 

18   ruling of the chair.

19                Those in favor of overruling the 

20   chair signify by saying aye.

21                SENATOR LANZA:   Request a show of 

22   hands.

23                SENATOR GIANARIS:   We've agreed to 

24   waive the showing of hands and record each member 

25   of the Minority in the affirmative.


                                                               3103

 1                ACTING PRESIDENT BAILEY:   Without 

 2   objection, so ordered.

 3                Announce the results.

 4                THE SECRETARY:   Ayes, 20.

 5                ACTING PRESIDENT BAILEY:   The 

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

 7   is before the house.

 8                Are there any other Senators wishing 

 9   to be heard? 

10                Seeing and hearing none, the debate 

11   is closed.  The Secretary will ring the bell.

12                Read the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                (Pause.)

16                ACTING PRESIDENT MAYER:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT MAYER:   Senator  

20   Bailey to explain his vote.

21                SENATOR BAILEY:   Thank you, 

22   Madam President.  

23                Let me applaud the sponsor, 

24   Senator Rivera, for his tireless work on getting 

25   this safe staffing bill across the line.  


                                                               3104

 1                But as the grandson of a nurse, I 

 2   have a special connection to the profession of 

 3   nursing, having heard many stories and having 

 4   seen her evolution up the ranks from nursing, and 

 5   having conversations with so many constituents in 

 6   my community and so many women and men in labor 

 7   who have asked us to be able to do something 

 8   about their safety.  

 9                And within the confines of COVID-19, 

10   now more than ever we've seen what safety is.  

11   We've seen who is essential.  And those 

12   individuals who are essential, those workers who 

13   are essential, it is critical to make sure that 

14   we do things so that they can continue the 

15   essential work that they do on behalf of the 

16   individuals that go to seek care.  Because when 

17   somebody is seeking care, that patient expects 

18   the best possible care.  And that nurse wants to 

19   give that patient the best possible care.  

20                But we need to make sure that that 

21   nurse is able to work in a capacity that's 

22   comfortable, that makes sense, and that is 

23   conducive to their skill as a nurse.  And this 

24   legislation goes a long way in achieving that.  

25                And I know it's been a long battle, 


                                                               3105

 1   and I want to thank our great leader for standing 

 2   firm at the table on behalf of women and men all 

 3   across the state and making sure that they know 

 4   that within the New York State Senate and the 

 5   New York State Legislature that their voices have 

 6   been heard.  

 7                And I thank all of my colleagues for 

 8   voting for this piece of legislation.  I proudly 

 9   vote in the affirmative, Madam President.

10                ACTING PRESIDENT MAYER:   Senator 

11   Bailey to be recorded in the affirmative.

12                Senator Rivera to explain his vote.

13                SENATOR RIVERA:   Thank you, 

14   Madam President.

15                In the 11 years that I've been in 

16   the Legislature, Madam President, there is one 

17   issue that I have met -- and this is not an 

18   exaggeration -- I have met more on this 

19   particular issue than on any other issue 

20   combined.  There have been many meetings that 

21   I've had over the years around the issue of safe 

22   staffing, the idea that we need to make sure that 

23   patients all across our state and residents in 

24   our nursing homes are taken care of.  

25                And to the best of their ability 


                                                               3106

 1   medical professionals do their best, but it's 

 2   obvious that sometimes government is required to 

 3   step in to set some level of requirement, to make 

 4   sure that this actually occurs.

 5                And so after many, many years of 

 6   having this conversation, advocates all across 

 7   the state making demands of us, I would actually 

 8   like to say and underline that it was, I believe, 

 9   the role of Andrea Stewart-Cousins that actually 

10   got us over the finish line.

11                In recognition over what we saw over 

12   the last year, the results of the pandemic, the 

13   clear impact that lack of adequate staffing had 

14   on the lives of New Yorkers, we all were 

15   incredibly concerned.  And the leader came to the 

16   table and said to everyone involved:  We need to 

17   solve this, we need to fix this.  And so she did 

18   that.

19                And there were some moments that 

20   were touch-and-go, Madam President.  But I 

21   believe that everybody understood how important 

22   it was that we get this right.  Ultimately we 

23   chose, Madam President, to divide the original 

24   bill into two different ones.  We will be 

25   discussing the other one at length, I believe.  


                                                               3107

 1                But in short, I will say that what 

 2   we're doing here today by establishing clinical 

 3   staffing committees, by mandating them across the 

 4   state in every single institution, we are 

 5   securing the staff of that particular 

 6   institution, the administration of that 

 7   particular institution that recognize the impact 

 8   that the patients have on that institution, that 

 9   recognize the realities that are in that 

10   particular institution, have it -- will have now 

11   a clinical staffing committee, the obligation of 

12   which would be to produce a staffing plan that is 

13   specific to that institution.

14                So I will say, Madam President, that 

15   I believe that it is a good result here because 

16   it will force every single institution to 

17   actually come together and, much like we did over 

18   the last couple of months, Madam President, 

19   sometimes maybe clash heads, but knowing clearly 

20   that the safety of patients is above all, come up 

21   with a plan that is implementable, that will 

22   actually impact the safety of patients in that 

23   particular institution.

24                And I believe that this is precisely 

25   the way that we need to do it, Madam President, I 


                                                               3108

 1   am glad to have been able to play a part in it, 

 2   and I vote in the affirmative.

 3                Thank you, Madam President.

 4                ACTING PRESIDENT MAYER:   Senator 

 5   Rivera to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   Ayes, 63.

 8                ACTING PRESIDENT MAYER:   The bill 

 9   is passed.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   733, Assembly Print Number 7119, by 

13   Assemblymember Gunther, an act to amend the 

14   Public Health Law.

15                ACTING PRESIDENT MAYER:   Senator 

16   Lanza, why do you rise?

17                SENATOR LANZA:   Madam President, I 

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

19   waive the reading of that amendment, and I ask 

20   that Senator Boyle be recognized and heard.

21                ACTING PRESIDENT MAYER:   Thank you, 

22   Senator Lanza.

23                Upon review of the amendment, in 

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

25   nongermane and out of order at this time.


                                                               3109

 1                SENATOR LANZA:   Accordingly, 

 2   Madam President, I appeal the ruling of the chair 

 3   and ask that Senator Boyle be recognized.

 4                ACTING PRESIDENT MAYER:   The appeal 

 5   has been made and recognized, and Senator Boyle 

 6   may be heard.

 7                SENATOR BOYLE:   Thank you, 

 8   Madam President.  

 9                I rise to appeal the ruling of the 

10   chair.  The proposed amendment is germane to the 

11   bill at hand because both the amendment and the 

12   bill-in-chief amend the Public Health Law and 

13   both relate to hospital staffing.  

14                Financially, nursing homes have 

15   faced Medicaid cuts for over a decade and may 

16   face closures resulting from the mandates in this 

17   bill.  New Jersey enacted similar nursing home 

18   staffing requirements, but they provided 

19   10 percent Medicaid increases to its nursing 

20   facility rates, resulting in about $130 million 

21   in additional payments to these facilities.  

22   Funding to this extent is not to be found in this 

23   bill. 

24                New York State's nursing and 

25   residential care facilities have difficulties 


                                                               3110

 1   recruiting nurses and nursing assistants.  The 

 2   Center for Health Workforce Studies, CHWS, 

 3   reports that the largest shortage, at 

 4   44.9 percent, is nursing assistants, and the 

 5   nurse shortage is at 38.9 percent.  In New York, 

 6   60 percent of healthcare job openings are 

 7   openings for personal care aides, health aides, 

 8   and certified nurse aides.  

 9                The survey data indicated the 

10   shortage of qualified workers in noncompetitive 

11   salaries among the reasons healthcare settings 

12   have difficulty meeting demand.

13                Moreover, according to Stony Brook 

14   University, there are not enough students in 

15   nursing schools now to meet the required ratio 

16   standards.

17                While I understand the intent of 

18   this bill and I appreciate its goals, what I'm 

19   asking is to consider the amendment germane.  

20   Quite simply, this amendment would treat nursing 

21   homes exactly the way we're treating hospitals -- 

22   no split, no change, the way it's been 

23   legislatively looked at for years.  

24                I respectfully request you 

25   reconsider your ruling.


                                                               3111

 1                ACTING PRESIDENT MAYER:   Thank you, 

 2   Senator Boyle.

 3                I want to remind the house that the 

 4   vote is on the procedures of the house and the 

 5   ruling of the chair.

 6                Those in favor of overruling the 

 7   chair signify by saying aye.

 8                SENATOR LANZA:   Request a show of 

 9   hands.

10                SENATOR GIANARIS:   We have agreed 

11   to waive the showing of hands and record each 

12   member of the Minority in the 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                Senator Boyle.

21                SENATOR BOYLE:   Madam President, 

22   would the sponsor yield for a question.

23                ACTING PRESIDENT MAYER:   Senator  

24   Rivera, do you yield?  

25                SENATOR RIVERA:   Absolutely, 


                                                               3112

 1   Madam President.

 2                ACTING PRESIDENT MAYER:   The 

 3   Senator yields.  

 4                SENATOR BOYLE:   Senator, I only 

 5   have one question, but it's a big one.  I preface 

 6   my question with the fact that I am a long-time 

 7   cosponsor, supporter for over a decade of this 

 8   safe staffing legislation.  My question is, what 

 9   happened?  Why the split?  

10                I can tell you that I was looking 

11   forward to the idea of voting for a safe staffing 

12   legislation for nursing homes and hospitals 

13   treated equally.  Now, if there had to be some 

14   deal for the hospitals, I understand that.  

15   That's what happens legislatively.

16                But why not the same thing for the 

17   nursing homes?  The nursing homes, should they 

18   get better lobbyists?  I only question this 

19   because I know what's happened lately is we go 

20   out of here after passing a bill and the Governor 

21   says:  It was my idea, I did it all, we've been 

22   talking about this for weeks and I was behind the 

23   scenes pulling the strings.

24                I just want to make sure that that's 

25   not what happened, because I want the truth 


                                                               3113

 1   before we vote on this bill.  So, Senator, why 

 2   the split?  Why are we treating nursing homes 

 3   differently than the hospitals?

 4                SENATOR RIVERA:   Thank you.  

 5   Through you, Madam President.  

 6                You might have -- I don't know how 

 7   good the microphone is, they might have heard a 

 8   little chuckle.  Because even though it is an 

 9   extremely important question that I will 

10   absolutely answer, the chuckling part was the 

11   part where it was suggested that perhaps the 

12   Governor was the one that came up with this idea.

13                Let me say for the record, and 

14   trying not to chuckle, no, no, sir, it was not 

15   the Governor that came up with this idea.

16                But to answer the serious part of 

17   your question, which is an important one, what 

18   happened is that ultimately we came to the 

19   conclusion, through the conversations with all 

20   the stakeholders -- and as you probably know, 

21   through you, Madam President, as the Senator, as 

22   Senator Boyle knows, sometimes it is when certain 

23   compromises need to be made to reach an agreement 

24   that could actually be implemented, some folks 

25   are going to be unhappy.  Not everyone is going 


                                                               3114

 1   to be happy.  

 2                I am happy because I know that this 

 3   is the best way that we could have gone forward.  

 4                But what happened ultimately, 

 5   Madam President, was that we decided that the 

 6   approaches needed to be different.  The hospital 

 7   setting and the nursing home setting are two 

 8   different settings.  

 9                In the case of nursing homes, we 

10   have a -- anyone who has -- who fulfills -- who 

11   meets certain criteria and certain requirements 

12   to be -- to need nursing home care is someone who 

13   is, by default, a very vulnerable individual.  

14   Whether it be because of mental issues, whether 

15   it be because of physical ailments, they require 

16   a lot of care.  And we believe that the setting 

17   between that and a hospital is very different.  

18                We thought that it was necessary to 

19   actually establish a standard.  And I'll 

20   remind -- through you, Madam President -- the 

21   original bill, the standard was at 4.1 hours.  

22   And we ultimately decided that the balance that 

23   needed to be reached here, both to make sure that 

24   adequate care would be provided to patients, but 

25   that institutions all across the state would be 


                                                               3115

 1   able to meet these requirements, we came up -- 

 2   the ultimate time that we came up with was 

 3   3.5 hours, Madam President.  

 4                The way that that is broken down is 

 5   2.2 minimum from nurses aides and certified nurse 

 6   aides -- the difference requires -- might require 

 7   a little bit of an explanation, but there's two 

 8   standards there -- and 1.1 hours minimum of 

 9   licensed nurse care per day.

10                And Madam President, through you, 

11   the important thing to remember here is that we 

12   have a situation in which an individual that 

13   obviously is someone who requires care, in one 

14   24-hour period -- what we are requiring with this 

15   piece of legislation, Madam President, is that 

16   3.5 hours of it is dedicated to actual care to 

17   individuals.

18                I'm not sure if you are, 

19   Madam President, a nerd.  I know that I am.  May 

20   the Fourth be with you today.  I'm not sure if 

21   you saw, a couple of years ago, there was a 

22   terrible movie called Justice League.  And just a 

23   couple of months ago after a -- something that 

24   takes too long to explain, the director released 

25   something called the Snyder cut.  So the 


                                                               3116

 1   director, Zach Snyder, released a version of it 

 2   that was 4 hours and 2 minutes long.

 3                So, Madam President, what we're 

 4   saying is that what we're requesting or we're 

 5   requiring with this piece of legislation is that 

 6   less time than what is required to watch a crappy 

 7   movie with Superman in it, we have 3.5 hours 

 8   where actual people that are professionals, 

 9   whether it's nurses aides or licensed nurses, 

10   actually take care of individuals.  We believe 

11   that this is necessary, it's important.  And so 

12   we need different approaches, Madam President, 

13   which is why ultimately we came up with two 

14   bills.

15                And I will underline again this was 

16   not something that was the Governor's idea.

17                SENATOR BOYLE:   Madam President, on 

18   the bill.

19                ACTING PRESIDENT MAYER:   Senator 

20   Boyle on the bill.

21                SENATOR BOYLE:   Yes, thank you.  

22                And I just want to say I appreciate 

23   the chairman's hard work over the years on this 

24   legislation.  I know it was a tremendous effort 

25   on your part, and we're here because of you -- 


                                                               3117

 1   and not the Governor.  

 2                And -- but to say that, as I said, 

 3   as a long-time cosponsor, supporter of safe 

 4   staffing, as the son of a nurse, I was looking 

 5   forward to supporting this.  I was able to do it 

 6   on the hospital one.  But unfortunately, because 

 7   of the dichotomy, not treating nursing homes the 

 8   same as hospitals, I'm going to have to vote no 

 9   on this bill.  

10                And I appreciate your effort.  

11                ACTING PRESIDENT MAYER:   Senator 

12   Gallivan.

13                SENATOR GALLIVAN:   Thank you, 

14   Madam President.  Would the sponsor yield to a 

15   series of questions.

16                ACTING PRESIDENT MAYER:   Senator  

17   Rivera, do you yield?

18                SENATOR RIVERA:   Through you, 

19   Madam President, as long as I don't get asked 

20   about the Governor again, Madam President -- 

21                (Laughter.)

22                SENATOR RIVERA:   -- I will be more 

23   than happy to yield.

24                ACTING PRESIDENT MAYER:   Senator  

25   Rivera yields.


                                                               3118

 1                SENATOR GALLIVAN:   Madam President, 

 2   I won't ask that question again.

 3                (Laughter.)

 4                SENATOR GALLIVAN:   Through you, 

 5   Madam President.  This particular bill, of 

 6   course, we know Senator Boyle alluded to this.  

 7   We have safe staffing as it relates to hospitals, 

 8   a separate bill.  This relates to nursing homes.  

 9                The first question I have for the 

10   sponsor -- through you, Madam President -- is who 

11   does this apply to?  What is the definition of a 

12   nursing home?

13                SENATOR RIVERA:   Through you, 

14   Madam President, there is -- you will allow me a 

15   second, because there is a statutory definition.  

16   And I don't have it available immediately, but I 

17   will look for it in a second and, through you, 

18   Madam President, we'll put it into the record.

19                So through you, Madam President, the 

20   staff is busy looking through Public Health Law 

21   to tell us exactly what the definition is, which 

22   is -- I want to make sure that I answer it for 

23   the Senator on the record.  But there is a 

24   statutory definition.  We're going to look for 

25   it.  We can either wait for a few minutes while 


                                                               3119

 1   we find it in Public Health Law or we can come 

 2   back to it when they find it.

 3                SENATOR GALLIVAN:   No, 

 4   Madam President, if I can move on to another 

 5   question.  And when they're ready, they could 

 6   provide that answer.

 7                A number of the questions I have are 

 8   going to focus on a couple of different areas.  

 9   So a number will focus on the workforce, and then 

10   I would like to talk about the funding for this.  

11   But we'll focus on the workforce just a little 

12   bit.  

13                So you talked about why this was 

14   different than the hospital bill.  And in the 

15   hospital bill, all the stakeholders became part 

16   of the ultimate solution.  Did that take place 

17   with this particular bill?

18                SENATOR RIVERA:   Through you, 

19   Madam President, we certainly sought out all the 

20   appropriate stakeholders in this issue, yes, 

21   whether we're talking about -- we did talk to 

22   providers, both nonprofit and for-profit 

23   providers.

24                I will actually point out, 

25   Madam President, that there's a section of the 


                                                               3120

 1   bill that deals with the potential circumstances 

 2   that might lead the state to actually consider 

 3   the things that have to be considered by the 

 4   state when and if they issue penalties if these 

 5   standards are not met.  And based on the input 

 6   that we got from some of the providers, we 

 7   included certain conditions here, whether it's 

 8   extraordinary circumstances, including natural 

 9   disasters, et cetera -- 

10                SENATOR GALLIVAN:   Excuse me.  

11   Excuse me, Madam President.

12                ACTING PRESIDENT MAYER:   I believe 

13   Senator Rivera is answering the question, Senator 

14   Gallivan.  

15                SENATOR RIVERA:   Yes.  Very, very 

16   quickly, I will say the answer is yes, 

17   Madam President, we did take into account many 

18   stakeholders.  Some of their suggestions made it 

19   into the final piece of legislation, some did 

20   not, much like in any negotiation that happens.

21                SENATOR GALLIVAN:   Through you, 

22   Madam President, if the sponsor will continue to 

23   yield.

24                ACTING PRESIDENT MAYER:   Senator  

25   Rivera, do you continue to yield?  


                                                               3121

 1                SENATOR RIVERA:   Yes, 

 2   Madam President, I will yield.

 3                ACTING PRESIDENT MAYER:   The 

 4   Senator yields.

 5                SENATOR GALLIVAN:   Could you tell 

 6   us what stakeholders or experts that you 

 7   consulted with in establishing the actual 

 8   staffing standards?  Not by name, but by 

 9   position.

10                SENATOR RIVERA:   First of all, 

11   Madam President, through you, to answer the 

12   initial question, it is in Public Health Law -- 

13   the definition is as follows:  "'Nursing home' 

14   means a facility provided therein nursing care to 

15   sick, invalid, infirm, disabled or convalescent 

16   persons, in addition to lodging and board or 

17   health-related services, or any combination of 

18   the foregoing, and in addition thereto providing 

19   nursing care and health-related services, or 

20   either of them, to persons who are not occupants 

21   of the facility."

22                And I don't know the exact section, 

23   but that is -- that is the --

24                SENATOR GALLIVAN:   Madam President, 

25   I'd like to follow up on that answer before we 


                                                               3122

 1   come back to the last question.

 2                Does that include assisted living 

 3   facilities?  

 4                SENATOR RIVERA:   Through you, 

 5   Madam President, it does not.

 6                SENATOR GALLIVAN:   Thank you.

 7                So going back to the experts or 

 8   stakeholders, are you able to tell us who 

 9   specifically that you consulted with until 

10   establishing the actual staffing ratios?  And 

11   again, not by name, but what industry they might 

12   be in, who they were -- titles, organizations.

13                SENATOR RIVERA:   Certainly.  

14   Through you, Madam President.  As is true of any 

15   of these type of conversations, we -- I mean, 

16   there's certainly -- whether we're talking about 

17   advocates for workers, whether we're talking 

18   about owners or representatives of private 

19   facilities or proprietary facilities, as well as 

20   nonprofits, owners of nonprofits, workers 

21   themselves, family members, they all participated 

22   in this conversation.  

23                So ultimately, while we get 

24   suggestions from all of them, it was an internal 

25   conversation amongst us about what the ultimate 


                                                               3123

 1   bill needed to look like.

 2                So there is -- and we certainly 

 3   share drafts with folks so that they can give us 

 4   their input.  But as we do with most legislative 

 5   issues, Madam President, as I'm sure you know, we 

 6   take as many folks into account and then we come 

 7   up with the final bill.  Although so I couldn't 

 8   necessarily tell you like the -- I'm sure that I 

 9   could go back and -- and it is, Madam President, 

10   certainly FOILable.  So if you want to go through 

11   months of meetings that were had on these issues 

12   and many others, I'm sure that we can find that 

13   information.

14                Bottom line, Madam President, 

15   through you, is that we took all stakeholders 

16   into account.  I don't think we talked to every 

17   single person that might have had something to 

18   say, but certainly to enough that gave us 

19   information and provided us with the data 

20   necessary for us to be able to make a decision on 

21   what this needed to look like.

22                SENATOR GALLIVAN:   Through you, 

23   Madam President, will the sponsor continue to 

24   yield.

25                ACTING PRESIDENT MAYER:   Senator  


                                                               3124

 1   Rivera, do you continue to yield?  

 2                SENATOR RIVERA:   I do.

 3                ACTING PRESIDENT MAYER:   The 

 4   Senator yields.

 5                SENATOR GALLIVAN:   No, I -- it's 

 6   not necessary to go back with all the 

 7   individuals.

 8                So how specifically -- how did you 

 9   arrive at the exact number, the 3.5 broken into 

10   the 2.2 and the 1.1?  

11                SENATOR RIVERA:  Well, through you, 

12   Madam President, first of all, I am math 

13   illiterate, so I have to double-check.  The 2.2 

14   plus 1.1 equals 3.3, not 3.5.

15                SENATOR GALLIVAN:   I realize that, 

16   but -- 

17                (Overtalk.)

18                SENATOR RIVERA:   Through you, 

19   Madam President, I figured that Senator Gallivan 

20   might ask eventually.  The reality is that we 

21   allowed for flexibility for other staff to be 

22   able to fulfill that 0.2 that would make up that 

23   3.5.  

24                But to answer the question, 

25   Madam President, we looked at the standards that 


                                                               3125

 1   were across the states.  There are 30 other 

 2   states that have some standards.  There's many of 

 3   them that have lower standards.  Some of them are 

 4   about at this level.  

 5                But we came to the conclusion that 

 6   based on the analysis that we made of the 

 7   facilities here in the State of New York, we 

 8   have -- this is data and information that is 

 9   provided actually to the federal government, both 

10   on payroll-based journal data as well as the 

11   facility's average daily census.  Both of them, 

12   Madam President, are publicly available 

13   information, bits of information.

14                So we took all of that and we made 

15   an analysis of all the different facilities in 

16   the state, so we were able to break it down and 

17   to give us an idea of who was close, who was 

18   above it, who was below it.  But we thought that 

19   3.5, looking at what other states have done, 

20   talking to stakeholders, that it was both an 

21   achievable goal and one that would allow us to 

22   create the safety conditions that we're trying to 

23   create in these facilities.

24                SENATOR GALLIVAN:   Through you, 

25   Madam President, will the sponsor continue to 


                                                               3126

 1   yield.

 2                ACTING PRESIDENT MAYER:   Senator  

 3   Rivera, do you continue to yield?  

 4                SENATOR RIVERA:   I do, 

 5   Madam President.

 6                ACTING PRESIDENT MAYER:   The 

 7   Senator yields.

 8                SENATOR GALLIVAN:   Thank you for 

 9   that answer.

10                Is the Senator aware of the nursing 

11   workforce shortage in New York State?

12                SENATOR RIVERA:   Through you, 

13   Madam President, I certainly am.  

14                We have spoken to -- we have 

15   spoken -- certainly some of our colleagues, I 

16   will point out specifically Senator Rachel May, 

17   has been a consistent voice on this, and many 

18   other folks in our conference have been very 

19   vocal about this issue.  It's very likely, 

20   Madam President, that you yourself have actually 

21   brought this to our attention.

22                It is why not only is there a 

23   recognition certainly that we need to do more in 

24   the State of New York as it relates to 

25   recruitment, to retention and to retraining, but 


                                                               3127

 1   that with the recognition, Madam President, that 

 2   there might be some difficulties in being able to 

 3   achieve these numbers, at least in the first 

 4   year, we actually created a set of conditions 

 5   where if there is a good faith effort that is 

 6   made by the facility to be able to meet the 

 7   requirement, and yet they do not, that will be 

 8   certainly taken into account before they are 

 9   penalized.  

10                So there is a recognition, as I said 

11   earlier, Madam President, that we have a shortage 

12   in the State of New York.  We have much to do in 

13   this state to make sure that, again, as I said, 

14   we focus on recruitment, on retention and 

15   retraining of staff for nursing homes.  But I 

16   believe that we can do that as we invest more 

17   into facilities that will actually provide better 

18   conditions not only for the patients and 

19   residents there, but also for the workers.

20                SENATOR GALLIVAN:   Will the sponsor 

21   continue to yield.

22                ACTING PRESIDENT MAYER:   Senator  

23   Rivera, do you continue to yield?  

24                SENATOR RIVERA:   Yes, 

25   Madam President.


                                                               3128

 1                ACTING PRESIDENT MAYER:   The 

 2   Senator yields.

 3                SENATOR GALLIVAN:   Does this bill 

 4   contain any provisions that would help address 

 5   the staffing shortage throughout the state?  As 

 6   it relates to nursing staffing.

 7                SENATOR RIVERA:   Madam President, 

 8   through you.  There's nothing here that directly 

 9   deals with this except that we are making this 

10   requirement of -- of this -- that there is a 

11   minimum that must be met.

12                We believe that as we parrot -- and 

13   I'm sure that the -- that Senator Gallivan, 

14   through you, Madam President, will ask later 

15   about the 70/40 standard that we set in our 

16   budget.  We believe that by doing this, by 

17   actually requiring these facilities to spend more 

18   on staffing and to dissuade bad actors, which 

19   is -- I've said it many times, I've said it both 

20   publicly and privately, that ultimately all of 

21   these bills are about dissuading bad actors from 

22   being in this business.  It is about making sure 

23   that those folks who are good actors can provide 

24   the care necessary to these folks that are in 

25   such need.


                                                               3129

 1                And so therefore we believe that by 

 2   establishing these standards, we're actually -- 

 3   and by investing the money that we are going to 

 4   invest, like the $64 million that we have already 

 5   appropriated -- I'm sure we'll get to that -- we 

 6   will be able to help these facilities meet these 

 7   standards and be able to have them pay their 

 8   workforce better.

 9                SENATOR GALLIVAN:   Will the sponsor 

10   continue to yield.

11                ACTING PRESIDENT MAYER:   Senator  

12   Rivera, do you continue to yield?  

13                SENATOR RIVERA:   Yes, 

14   Madam President.

15                ACTING PRESIDENT MAYER:   Yes, the 

16   Senator yields.

17                SENATOR GALLIVAN:   So if we 

18   recognize that there is a staffing shortage right 

19   now, despite incentivizing the nursing homes to 

20   hire more people, where do they get the people 

21   from if they don't exist right now?

22                SENATOR RIVERA:   Through you, 

23   Madam President, that is exactly what I was 

24   referring to earlier about the fact that we as a 

25   state need to do more.


                                                               3130

 1                Now, I should mention that the bill 

 2   actually recognizes -- there's something else in 

 3   the bill that recognizes that we don't have 

 4   enough folks in the pipeline.

 5                There is -- as I mentioned earlier, 

 6   there is a distinction when the bill goes into 

 7   effect next January, once it is passed and signed 

 8   into law, it will actually require that nurses 

 9   aides, as opposed to certified nurses aides, are 

10   to do the 2.2 minimum standard, the 2.2 minimum 

11   hours.

12                And then on January 1st of the year 

13   following that, so in 2023, that would be when 

14   the certified nurse aides standard would actually 

15   click in.  And the reason for that, 

16   Madam President, is that we recognize that 

17   particularly this last year, the pandemic made it 

18   so difficult for some of these tests to actually 

19   be carried out.  And it made it impossible for 

20   certain folks who are on the path already and who 

21   are part of the network of nurses aides and are 

22   looking to become certified nurses aides -- they 

23   were not able to do so.  And we don't want to 

24   penalize either them or the facilities that are 

25   looking to employ them, and so we allowed for 


                                                               3131

 1   that flexibility.

 2                So it is a reality -- Madam 

 3   President, through you -- and Senator Gallivan is 

 4   getting right to the heart of it.  And we have 

 5   fought like heck at the table to make sure that 

 6   during the budget and during other parts of the 

 7   conversation that we do more in this state to 

 8   recruit, to retrain, to retain folks who are 

 9   actually part of the -- of the healthcare 

10   workforce.  

11                We need to do more.  We have not 

12   done enough.  But I believe that this bill would 

13   actually help us get there because it will make 

14   sure that more resources are dedicated to the 

15   staffing part of the equation, which is 

16   ultimately what makes people healthier.

17                SENATOR GALLIVAN:   Through you, 

18   Madam President, would the sponsor continue to 

19   yield.

20                ACTING PRESIDENT MAYER:   Senator  

21   Rivera, do you continue to yield?  

22                SENATOR RIVERA:   Yes, 

23   Madam President.

24                ACTING PRESIDENT MAYER:   The 

25   Senator yields.


                                                               3132

 1                SENATOR GALLIVAN:   Following the 

 2   same topic, would it not make more sense to 

 3   recruit, train, incentivize, to solve the 

 4   workplace shortage first, so that then it follows 

 5   you mandate nursing homes, say okay, we're 

 6   telling you you have to staff at this level -- a 

 7   level that they could actually do because they 

 8   have the people resources then to do it?

 9                SENATOR RIVERA:   Madam President, 

10   through you.  As difficult as it is, we must -- 

11   this is something that we must do at the same 

12   time.  We must actually not only chew gum and 

13   walk at the same time, but in this case certainly 

14   chew gum, juggle, and run a marathon at the same 

15   time.  

16                We recognize that there are 

17   individuals -- and as we saw the last year, the 

18   impact that staffing shortages had on not only 

19   the health but, in all honesty, the lives of so 

20   many New Yorkers.  We know that it is necessary 

21   to make sure that these institutions invest in 

22   the staffing that's going to make sure that folks 

23   are healthier and that folks stay alive.

24                So it is absolutely essential to do 

25   it.  And it is difficult.  I am not saying it is 


                                                               3133

 1   not.  But I believe that as opposed to waiting to 

 2   see whether we can put more folks -- more 

 3   resources, which as I said earlier we need to do 

 4   and we fought to do at the table during the 

 5   budget -- that we can't wait.  So we must 

 6   establish these standards, work with the 

 7   facilities.  

 8                And this is why that 64 million, 

 9   which again I know that we will bring up, is 

10   meant -- which is meant to actually help these 

11   facilities be able to meet the standards that are 

12   being set by this bill.  

13                We recognize that it's necessary for 

14   them to have the resources.  We recognize that 

15   sometimes, even if they have the resources, it is 

16   difficult because the staffing is -- the actual 

17   individuals are not there.  We created the 

18   ability for the facility to be able to prove 

19   we've done the best-faith effort at this moment, 

20   and this is as best as we can do.

21                And by the way, Madam President, I 

22   should mention that the majority of nonprofit 

23   facilities across the state already meet these 

24   standards; 60 percent of them do.  The for-profit 

25   ones, only 29 percent of them do.  So it's not 


                                                               3134

 1   going to be that difficult.  

 2                It is -- but again, as I said, 

 3   chewing gum, juggling, and marathoning at the 

 4   same time.  If anybody can do it, New York can.

 5                SENATOR GALLIVAN:   If the sponsor 

 6   will continue to yield.  

 7                ACTING PRESIDENT MAYER:   Senator  

 8   Rivera, do you continue to yield?  

 9                SENATOR RIVERA:   Yes, 

10   Madam President.

11                ACTING PRESIDENT MAYER:   The 

12   Senator yields.

13                SENATOR GALLIVAN:   So you 

14   mentioned -- Senator Rivera briefly mentioned the 

15   commissioner.  The commissioner -- this bill 

16   requires that the Commissioner of the Department 

17   of Health establish civil penalties, with a range 

18   of penalties to account for mitigating factors.  

19   Is that correct?

20                SENATOR RIVERA:   Through you, 

21   Madam President, it is.

22                SENATOR GALLIVAN:   Could you 

23   expound on the mitigating factors, please.

24                SENATOR RIVERA:   Through you, 

25   Madam President, I thought you'd never ask.


                                                               3135

 1                I did a little bit earlier, but I'll 

 2   do so again, Madam President.

 3                As I stated earlier, and this is in 

 4   Section 2(b) of the bill, for those following at 

 5   home, page 2, line 26 going forward.  "The 

 6   commissioner shall establish, by regulation, 

 7   civil penalties for facilities out of compliance 

 8   with minimum staffing levels.  Such regulations 

 9   shall include a range of penalties to account for 

10   mitigating factors which shall include" -- I will 

11   not read all of the other words into the record, 

12   Madam President.  But there's three different 

13   standards that we're talking about.  

14                Number one, extraordinary 

15   circumstances, which may include natural 

16   disasters, other catastrophic events.  

17                Number two, the frequency and nature 

18   of noncompliance.  And in this one I will take 

19   one step back to say that it is important because 

20   it will be -- the commissioner must take into 

21   account, Madam President, whether a facility has 

22   actually done this all the time, whether they 

23   have regularly violated standards, or whether 

24   they're doing it for the first time.  

25                In other words, saying like we're 


                                                               3136

 1   trying our best, we've done -- we've done -- you 

 2   know, we've been able to fulfill all the 

 3   requirements before, now we're having a little 

 4   bit of a difficulty.  Consider that as to whether 

 5   you're going to issue penalties on us.

 6                And number three, the existence of 

 7   an acute labor supply shortage.  And there's a 

 8   long paragraph which I can be -- I'm certainly 

 9   tempted to read into the record, but the short 

10   version is that we are taking into account the 

11   fact that we recognize that there is a labor 

12   shortage.  And that when a facility in good faith 

13   tries to fulfill the requirement and cannot do 

14   it, that that needs to be taken into account.

15                That will be taken into account, 

16   because it will be in statute, by the 

17   Health Commissioner.

18                SENATOR GALLIVAN:   Will the sponsor 

19   continue to yield.

20                ACTING PRESIDENT MAYER:   Senator  

21   Rivera, do you continue to yield?  

22                SENATOR RIVERA:   Yes, 

23   Madam President.

24                ACTING PRESIDENT MAYER:   The 

25   Senator yields.


                                                               3137

 1                SENATOR GALLIVAN:   Thank you for 

 2   that answer.

 3                And now following up on specifically 

 4   the acute labor shortage, there's a provision in 

 5   the bill that explicitly states, and I'll quote:  

 6   "It shall not be a defense if such nursing home 

 7   was unable to secure sufficient staff if the lack 

 8   of staffing was foreseeable and could be 

 9   prudently planned for."

10                So what assurances do nursing homes 

11   have that they'll not be subject to substantial 

12   fines if in fact they continue to do what they're 

13   doing right now and there's no nurses or medical 

14   people to hire?

15                SENATOR RIVERA:   Well, through you, 

16   Madam President, the section that 

17   Senator Gallivan was referring to, it is 

18   basically -- it basically says that -- it's in 

19   reference, actually, both to the second and to 

20   the third of the requirements, of the factors 

21   that were listed above.  

22                To wit, in one case we're talking 

23   about the frequency and nature of noncompliance, 

24   so it must be considered by the Department of 

25   Health, by the Commissioner of Health, whether 


                                                               3138

 1   there's a facility that just every -- you know, 

 2   every time that they go check on something, they 

 3   go like, aahh, you know, they did this wrong, I'm 

 4   sorry.  As opposed to folks that demonstrate that 

 5   they have followed the rules, that they have done 

 6   everything to their capacity, and then in one 

 7   they kind of slipped up, there's something that 

 8   they have not been able to meet.  Right?  

 9                And the second part, as it relates 

10   to the acute labor supply shortage, it must be 

11   taken into account.  Now, an acute labor supply 

12   shortage does not refer to if something was 

13   foreseeable.  Now, the rest of the paragraph, 

14   Madam President, reads as follows:  "If the lack 

15   of staffing was foreseeable and could be 

16   prudently planned for, or involved routine 

17   staffing needs that arose due to typical staffing 

18   patterns, typical levels of absenteeism, or time 

19   off typically approved by the employer for 

20   vacation, holidays, sick leave and personal 

21   leave."

22                So in other words, you have to, as a 

23   facility administrator, take into account that 

24   you're going to have folks who are going to be 

25   absent, folks who are going to be sick, folks who 


                                                               3139

 1   are going to be on vacation, and that you can't 

 2   just argue because my folks are on vacation, 

 3   because I have a couple of folks that didn't come 

 4   in -- that by itself is not a defense, but 

 5   because we're talking about the frequency and 

 6   nature of noncompliance.

 7                Now, again, if there's a facility 

 8   that has a demonstrated pattern of just not doing 

 9   the right thing, Madam President, and are -- you 

10   know, people are never -- they're on vacation, 

11   what am I going to do -- that, to me, is 

12   something that needs to be taken into account and 

13   in that regard will actually, could actually 

14   potentially be used by the commissioner.

15                But what the -- I'm sure, 

16   Madam President, what the -- what Senator 

17   Gallivan is referring to is the fact that the 

18   opposite might actually be used, right.  That the 

19   commissioner might say, Well, I'm going to 

20   penalize you because of what you're -- because of 

21   these things.  It actually, because of that 

22   second and third part, because of both of them, 

23   those other factors are connected, because of the 

24   labor supply -- that is something that is 

25   recognized in a particular region, that is not 


                                                               3140

 1   just for that facility but for facilities in that 

 2   region, for hospitals in that region, et cetera.

 3                I believe that we have crafted it in 

 4   such a way so that -- listen, no thing is 

 5   perfect.  But I think that this is crafted in a 

 6   way that we're actually both protecting the folks 

 7   who are good actors and making sure that the 

 8   folks who are bad actors don't get away with 

 9   stuff.

10                SENATOR GALLIVAN:   Will the sponsor 

11   continue to yield.  Through you, Madam President.

12                ACTING PRESIDENT MAYER:   Senator 

13   Rivera, do you continue to yield?

14                SENATOR RIVERA:   Yes, 

15   Madam President.  

16                ACTING PRESIDENT MAYER:   The 

17   Senator yields.

18                SENATOR GALLIVAN:   Under this 

19   bill -- Senator Rivera just mentioned the 

20   regional labor supply, the commissioner must 

21   consider that.  What data does the Department of 

22   Health consider, what data do they utilize or 

23   what will they utilize in making this 

24   determination?

25                SENATOR RIVERA:   Through you, 


                                                               3141

 1   Madam President, there are -- there are data sets 

 2   that the department already uses to determine 

 3   different regions around the state.

 4                As far as the data sets that would 

 5   be used -- deeper data sets -- if you give me one 

 6   second, Madam President.  (Pause.)  

 7                Through you, Madam President, there 

 8   is a -- we're talking about -- for Senator 

 9   Gallivan, we're talking about data that is kept 

10   by the Department of Labor, that is kept by the 

11   Department of Health.  I believe that there's a 

12   particular contractor whose job it is to 

13   determine whether there are certain labor 

14   shortages in particular parts of the state.  

15                So there is already data that is 

16   available and analyzed by both the Department of 

17   Labor, by the Department of Health and other 

18   agencies to determine labor shortages across the 

19   state.

20                SENATOR GALLIVAN:   Through you, 

21   Madam President, will the sponsor continue to 

22   yield.

23                ACTING PRESIDENT MAYER:   Senator  

24   Rivera, do you continue to yield?  

25                SENATOR RIVERA:   I will, 


                                                               3142

 1   Madam President.

 2                ACTING PRESIDENT MAYER:   The 

 3   Senator yields.

 4                SENATOR GALLIVAN:   Let's focus on 

 5   the nursing home and the operator.  When we're 

 6   talking about the staffing, the Department of 

 7   Health looking at them, the Department of Health 

 8   having the ability to fine them, for the nursing 

 9   home specifically, what would constitute specific 

10   evidence, what would they have to show that the 

11   facility attempted to procure sufficient staffing 

12   as required by the bill?

13                In other words, what would the 

14   nursing home have to do to prove to the 

15   Department of Health that they're trying and that 

16   they shouldn't be subject to a fine?

17                SENATOR RIVERA:   Through you, 

18   Madam President.  The exact nature of this is not 

19   spelled out in the bill, but I would believe that 

20   if you can demonstrate, Madam President, that you 

21   have put out ads online, ads in local papers, 

22   that you have done interviews, that you've 

23   reached out to prior staff, that you have made 

24   offers to certain folks that might not have been 

25   accepted -- there are ways for you to demonstrate 


                                                               3143

 1   that you have indeed, in good faith, tried to get 

 2   folks to come and work in your facility.  

 3                So even though again -- Madam 

 4   President, through you -- it is not spelled out 

 5   specifically in the bill, I believe that it is -- 

 6   that it would be up to the facility to be able to 

 7   demonstrate.  And if they can show all this 

 8   evidence, like look, I've made calls, I've sent 

 9   emails, I've had interviews, I've made offers, 

10   all of these things together will likely -- could 

11   then be used as a way to argue, hey, I've made 

12   the effort.  And I believe that it would be 

13   accurate that they've made the effort.

14                SENATOR GALLIVAN:   Will the sponsor 

15   continue to yield.

16                ACTING PRESIDENT MAYER:   Senator 

17   Rivera, do you continue to yield?  

18                SENATOR RIVERA:   I do, 

19   Madam President.

20                ACTING PRESIDENT MAYER:   The 

21   Senator yields.

22                SENATOR GALLIVAN:   Given what we 

23   have seen over the past year, does the sponsor 

24   trust the Department of Health to properly do its 

25   job as it relates to this bill?


                                                               3144

 1                SENATOR RIVERA:   Through you, 

 2   Madam President, this is a -- I like this 

 3   question.  I like this question.  Because the 

 4   reality is that I have serious concerns about the 

 5   Department of Health.  

 6                And I would hope, and I've said this 

 7   many times -- and I will say it once more, and 

 8   for the record -- I am hoping that when this bill 

 9   is implemented we have Governor Hochul to deal 

10   with, because I believe that the Department of 

11   Health, as well as every other agency, will be a 

12   different agency.

13                Now, it is true that the Department 

14   of Health has done certain things in the last 

15   year which have made us kind of a little leery of 

16   them.  But I believe that ultimately the way that 

17   something like this must be implemented, it must 

18   include the Department of Health.  There are -- 

19   you know, I think that much in the same way that 

20   we have had issues with the Department of Labor, 

21   we must demand more from them, as we are doing.  

22   We actually just had a long conversation today in 

23   our conference about all the different ways the 

24   Department of Labor needs to do better for the 

25   State of New York.  So I believe that we can have 


                                                               3145

 1   those conversations at the same time.  

 2                Since we need to have this 

 3   implemented, the Department of Health needs to be 

 4   the entity that actually regulates it.  I will be 

 5   holding them accountable, much like we're holding 

 6   the Department of Labor accountable right now.  

 7   And again, one more time -- through you, 

 8   Madam President -- hoping that it is under a 

 9   different governor than the one that we have 

10   right now.

11                SENATOR GALLIVAN:   Will the sponsor 

12   continue to yield, Madam President.

13                ACTING PRESIDENT MAYER:   Senator  

14   Rivera, do you continue to yield?  

15                SENATOR RIVERA:   I do, 

16   Madam President.

17                ACTING PRESIDENT MAYER:   The 

18   Senator yields.

19                SENATOR GALLIVAN:   So in the budget 

20   this year we dealt with nursing homes, in part, 

21   and I think many people think that we dealt 

22   specifically with staffing, albeit without 

23   setting specific staffing ratios when it came to 

24   spending.  I guess, in short, we'll just call it 

25   the 70/40.  Would the sponsor agree that the 


                                                               3146

 1   implementation of that spending and that 

 2   requirement is before us in time?

 3                SENATOR RIVERA:   Through you, 

 4   Madam President, yes.  And I believe that it is 

 5   something that -- it will be implemented and it 

 6   can be implemented at the same time as this one.  

 7                I know that -- you know, I've 

 8   mentioned it more than a few times, I'll mention 

 9   it once more, because I know he's getting around 

10   to it.  We actually appropriated $64 million for 

11   a two-year appropriation, which means, when we 

12   draw down federal money, a total of $128 million 

13   to help these facilities be able to meet the 

14   standards that we're setting here.

15                So yes, we did set a standard of 70 

16   and 40.  And through you, Madam President, that 

17   is 70 percent to direct patient care of a 

18   particular revenue of the total revenue of a 

19   particular institution, and 40 percent in 

20   staffing specifically.  

21                And it is -- and most facilities in 

22   the state actually already meet those standards.  

23   And this would actually -- the 64 million that 

24   we've already appropriated will help us be able 

25   to not only meet that standard but meet this one 


                                                               3147

 1   as well.

 2                SENATOR GALLIVAN:   Through you, 

 3   Madam President, will the sponsor continue to 

 4   yield.

 5                ACTING PRESIDENT MAYER:   Senator  

 6   Rivera, do you continue to yield?  

 7                SENATOR RIVERA:   Yes, 

 8   Madam President.

 9                ACTING PRESIDENT MAYER:   The 

10   Senator yields.

11                SENATOR GALLIVAN:   The sponsor is 

12   dying for me to get to the $64 million question.  

13                (Laughter.)

14                SENATOR GALLIVAN:   And I don't know 

15   if I specifically have it.  

16                LeadingAge, of course I know you're 

17   familiar, the sponsor is familiar, represents a 

18   significant amount of nursing homes in the state.  

19   And there are other organizations that do the 

20   same.  But they estimated that our budget action, 

21   the 70/40 requirement, will cost nursing homes 

22   collectively across the state $500 million, which 

23   just in -- when you divide it out by the number 

24   of nursing homes is a little over $800,000 per 

25   nursing home.  The $64 million, when you divide 


                                                               3148

 1   that out, is about $103,000 per nursing home.  

 2                Is the sponsor concerned about the 

 3   nursing homes' ability to financially do this, 

 4   given those figures and the Medicaid rate cut of 

 5   last year that took even more money away from 

 6   nursing homes?

 7                SENATOR RIVERA:   Through you, 

 8   Madam President, we disagree with the math.  

 9                With all due respect to LeadingAge, 

10   that not only -- it's one of the organizations 

11   certainly that we have spoken to, and some of the 

12   recommendations that they had made it into the 

13   final bill.  But as far as the number, we 

14   disagree with their math.  

15                How did we reach the $64 million?  

16   Now, as I stated earlier, there is publicly 

17   available information, federal information, that 

18   each facility is required by law to provide to 

19   the federal government.  These are -- hold on, 

20   where's that bad boy.  Right here -- 

21   payroll-based journal data as well as the 

22   facility's average daily census.  

23                So we took all of that and we put it 

24   into one spreadsheet, right, and we started 

25   calculating.  We said, what is the breakdown of 


                                                               3149

 1   licensed nurses, certified nurses aides, and what 

 2   is the total average hour per -- per hour per 

 3   patient -- sorry, my brain is melting a little 

 4   bit -- per patient per day.  Hours per patient 

 5   per day.  Thank you, Madam President, for 

 6   allowing me that little ...

 7                Anyway, we took that data, we put it 

 8   into one spreadsheet, and we said what would it 

 9   take for a facility to be able to meet the 

10   requirement of 3.5?  And we looked through it.  

11   And as I stated earlier, just over 60 percent of 

12   the nonprofit nursing homes already meet the 

13   standards that we would set here.  Just 

14   29 percent of the for-profit nursing homes would 

15   meet the standards right now.

16                So we said, what would it take to 

17   actually help them to be able to fulfill that?  

18   And we started calculating.  That made it so that 

19   that 64 million, which I will say again is a 

20   two-year appropriation, 32 per year, one of them 

21   referring to the last quarter of this fiscal 

22   year, which starts in January and ends in April 

23   of next year -- or March 31st, I should say -- 

24   that would be $32 million, which with $32 million 

25   from the federal government would amount to 


                                                               3150

 1   $64 million.

 2                And then on April 1st, which is the 

 3   fiscal year that would start April 1st of 2022, 

 4   we've already appropriated, Madam President, 

 5   $32 million that with another 32 drawn down from 

 6   the federal government would amount to 64.  

 7                That means -- through you, 

 8   Madam President -- that we've already identified 

 9   a total of $128 million for not the fiscal but 

10   number year, right, January 1, 2022, which is 

11   when this would go into effect, until December 

12   31st of 2022.

13                And furthermore, Madam President, 

14   there is a commitment from our leader, the same 

15   one who made sure that this is actually done, 

16   that we will absolutely look very closely at 

17   whether that is enough money -- I repeat again, 

18   $128 million for the year of 2021, which is 

19   fiscal years 2021-2022, 2022-2023.  If we need 

20   more, we're going to go get it.  

21                Bottom line, I believe that we have 

22   enough money that we've already identified to be 

23   able to help these facilities meet these 

24   standards based on the numbers that they 

25   themselves report to the federal government about 


                                                               3151

 1   whether they are providing care, how they are 

 2   providing it.

 3                SENATOR GALLIVAN:   Through you, 

 4   Madam President, will the sponsor continue to 

 5   yield.

 6                ACTING PRESIDENT MAYER:   Senator  

 7   Rivera, do you continue to yield?  

 8                SENATOR RIVERA:   Yes, 

 9   Madam President.

10                SENATOR GALLIVAN:   So I mentioned 

11   the $500 million estimate, estimated cost by 

12   LeadingAge that I acknowledge the sponsor said 

13   that he disputes or disagrees with, if I 

14   understood correctly.  

15                I recognize and acknowledge the 

16   $128 million that the state is being provided in 

17   totality for this.

18                Now, if the sponsor, though, would 

19   address the funding shortfall as it relates to 

20   the 500 million -- despite the fact that he 

21   disagrees with that -- plus now the $260 million 

22   estimate of additional costs for this particular 

23   bill.

24                SENATOR RIVERA:   One second, 

25   Madam President.  (Pause.)


                                                               3152

 1                Through you, Madam President.  Well, 

 2   first, again, as I said, the numbers that I was 

 3   talking about that we -- the reason we disagree 

 4   with that math is because, again, we made the 

 5   calculation based on the numbers that they 

 6   themselves report.  

 7                And again, Madam President, they 

 8   just ask us to kind of focus this conversation 

 9   here again.  We certainly care about these 

10   facilities and want them to continue.  We have 

11   made the case many times and will continue to 

12   make it that ultimately this is about dissuading 

13   bad actors from staying in this business.  And 

14   what we're doing is we're centering patient care.

15                We believe that this amount of money 

16   that we've already identified will be able to be 

17   provided to the facilities that do not meet these 

18   standards -- which, again, nonprofits, 60 percent 

19   of them -- and just so you know, Madam President, 

20   I mean in some of these instances we've got 

21   facilities that are like 3.491.  So we're 

22   talking -- I don't even know what that means in 

23   minutes -- that we would need to be able to help 

24   them so that they can get a little bit over the 

25   hump and employ someone so that they can actually 


                                                               3153

 1   get all the way up to 3.5.  There's many here 

 2   that are in the 3s, in the 3.4s, in the 3.2s.  

 3                The bottom line, Madam President, I 

 4   believe that we have identified the money that's 

 5   necessary to be able to fulfill the 

 6   requirements -- to help these facilities fulfill 

 7   the requirements, which at the core of it are 

 8   about these facilities centering patients and 

 9   being able to provide the care that they are 

10   required to provide for the most vulnerable among 

11   us.

12                SENATOR GALLIVAN:   Will the sponsor 

13   continue to yield, Madam President.

14                ACTING PRESIDENT MAYER:   Senator  

15   Rivera, do you continue to yield?  

16                SENATOR RIVERA:   Sure will, 

17   Madam President.

18                ACTING PRESIDENT MAYER:   The 

19   Senator yields.

20                SENATOR GALLIVAN:   Following up on 

21   the funding, Senator Rivera -- if I understand 

22   correctly -- believes that there is sufficient 

23   funding to be provided nursing homes so they 

24   could follow these mandates.  

25                And in an earlier answer -- and I 


                                                               3154

 1   don't recall the exact words.  I want to make 

 2   sure I understand correctly.  Did Senator Rivera 

 3   say that if the funding was not sufficient that 

 4   the colloquial "we" would secure the funding for 

 5   that purpose?  Or something to that effect.  

 6                SENATOR RIVERA:   Through you, 

 7   Madam President, I will certainly repeat it.  I 

 8   will say that we obviously just went through a 

 9   budget process just a couple of weeks ago, and 

10   during that process we were able to, based on the 

11   calculations that we had, we said $64 million, as 

12   a two-year appropriation, would amount to 128, 

13   would help us meet these requirements.  

14                However, Madam President, it is 

15   possible, it is possible that some of these need 

16   to be recalculated.  And what I said, and I'll 

17   say it again, is that during the budget process 

18   of next year we will look very closely once these 

19   standards go into effect, starting on January 1st 

20   of next year, we will have, by the time that 

21   March rolls around, some numbers to be able to 

22   tell us are we getting close, do we need more, do 

23   we need to recalculate.  

24                And at that moment we have a 

25   commitment from our leader, which I will repeat 


                                                               3155

 1   once again was the one that made sure that we are 

 2   talking about this today, that we are passing it 

 3   today, that it gets into law.  She will actually 

 4   go into that room and say very clearly, We need 

 5   to make sure that we meet these requirements.  

 6   And so therefore the ask will be we need to -- if 

 7   there's more money that will need to be added, we 

 8   go-go get it.  I think that is what he was 

 9   referring to.  We go-go get it.

10                SENATOR GALLIVAN:   Through you, 

11   Madam President, will the sponsor continue to 

12   yield.

13                ACTING PRESIDENT MAYER:   Senator  

14   Rivera, do you continue to yield?  

15                SENATOR RIVERA:   Yes, 

16   Madam President.

17                SENATOR GALLIVAN:   I was referring 

18   to everything except for the last sentence, that 

19   portion of it.

20                (Laughter.)

21                SENATOR GALLIVAN:  Would it have 

22   been possible to include language to that effect 

23   in the legislation so that nursing homes and 

24   citizens can be secure in the thought that, okay, 

25   we're trying to do a good deed here to make sure 


                                                               3156

 1   there's enough qualified staff to take care of 

 2   patients and the state is making sure that 

 3   there's sufficient funding to make that happen?

 4                SENATOR RIVERA:   Through you, 

 5   Madam President, we absolutely believe that there 

 6   is sufficient funding.  And that is precisely my 

 7   point.  

 8                Now I'm saying that because things 

 9   change from year to year, there might be some 

10   recalculation that has to be made during the 

11   budget next year.  But I'll remind you, I'll 

12   remind everyone, it was at the beginning of this 

13   the year that the Governor insisted that he was 

14   not going to tax the rich one cent, and we were 

15   able to go back and say no, no, we need to 

16   reinvest in our New York, so guess what, you 

17   goin' do something.  And ultimately we got 

18   4.5 billion in new revenue.  

19                So there's certainly recalculations 

20   that can occur.  And what I'm saying is that 

21   while I believe that we have, with this two-year 

22   appropriation, which amounts to $128 million for 

23   the year 2021, to December 31st of 20 -- 

24   January 1, 2022, to December 31, 2022, which 

25   would be two different fiscal years.  But still, 


                                                               3157

 1   all of that accounts for how to fulfill this 

 2   requirement.  So we believe that we've actually 

 3   done that, Madam President.

 4                SENATOR GALLIVAN:   Through you, 

 5   Madam President, will the sponsor continue to 

 6   yield.

 7                ACTING PRESIDENT MAYER:   Senator  

 8   Rivera, do you continue to yield?  

 9                SENATOR RIVERA:   I do, 

10   Madam President.

11                SENATOR GALLIVAN:   I'll address 

12   that just a little bit of a different way.  

13                I understand the sponsor believes 

14   that there is sufficient funding.  That belief or 

15   not, couldn't the language -- or couldn't a 

16   provision be added to this particular bill that 

17   says something to the effect that the state will 

18   ensure that there is sufficient funding to meet 

19   this mandate to ensure that people in nursing 

20   homes are properly taken care of through 

21   sufficient staffing?

22                SENATOR RIVERA:   One second. 

23                Through you, Madam President, the -- 

24   we believe that when we're talking about 

25   appropriations, we deal with it during the 


                                                               3158

 1   budget.  And in this case we did not feel it 

 2   necessary to add that particular language to this 

 3   piece of legislation.  

 4                But I will state once more, 

 5   Madam President, there is an absolute commitment 

 6   to make sure that we can help whatever facilities 

 7   need the assistance to be able to meet the 

 8   requirements, because we understand how important 

 9   it is that our fellow New Yorkers who are 

10   vulnerable and in nursing homes are healthy and 

11   safe.

12                SENATOR GALLIVAN:   Will the sponsor 

13   continue to yield.

14                ACTING PRESIDENT MAYER:   Senator  

15   Rivera, do you continue to yield?  

16                SENATOR RIVERA:   I will, 

17   Madam President.

18                ACTING PRESIDENT MAYER:   The 

19   Senator yields.

20                SENATOR GALLIVAN:   Thank you, 

21   Madam President.  I'm just about -- just about 

22   finished with these questions.  I would hope that 

23   it is something that the sponsor can consider 

24   amending to add that provision or a provision to 

25   that effect in this particular bill.


                                                               3159

 1                The last question has to do with 

 2   COVID and what we've seen the last year.  The 

 3   Governor's executive orders imposed a number of 

 4   very difficult challenges upon nursing homes and 

 5   additional costs in the way of PPE and other 

 6   things of that nature.  

 7                Is the sponsor concerned at all that 

 8   the impact of that while New York was -- of that 

 9   additional expenditures for nursing homes while 

10   at the same time New York was cutting rates and 

11   in other states, our neighbor in New Jersey, 

12   increased funding to nursing homes -- is the 

13   sponsor concerned at all that that will have a 

14   negative impact as it relates to the 

15   implementation of 70/40 and this particular safe 

16   staffing bill?

17                SENATOR RIVERA:   Through you, 

18   Madam President, if the Senator could ask again.  

19   I want to make sure that I understand if he's 

20   asking me if I'm concerned that -- what exactly 

21   would have an impact on the implementation?  If 

22   the Senator could repeat himself, please.

23                SENATOR GALLIVAN:   I will.  I'll 

24   try to do it in a little less convoluted way.

25                So we know over the course of the 


                                                               3160

 1   past year nursing homes faced a number of 

 2   financial challenges brought on by the pandemic, 

 3   brought on by various executive orders, brought 

 4   on by people's concerns about what was going on 

 5   in nursing homes.  So their census was lower, 

 6   less revenues coming in.  It all added up to 

 7   creating an even more significant financial 

 8   burden for nursing homes.  We know that.  

 9                We also know that last year New York 

10   State did another across-the-board Medicaid rate 

11   cut that neither of us agree with.  But 

12   nonetheless, it also adds to the financial 

13   burden.

14                So while in the past year there was 

15   an additional financial burden while nursing 

16   homes are trying to navigate through the 

17   pandemic, neighboring states -- including 

18   New Jersey among them specifically -- increased 

19   funding to their nursing homes to help out.  

20   New York State didn't do that.

21                We can't go backwards and change it, 

22   I recognize that.  So all the things that took 

23   place.  My question is, is the sponsor concerned 

24   that that negative financial impact, that given 

25   that, can nursing homes recover from that to 


                                                               3161

 1   ultimately sufficiently implement the 70/40 rule 

 2   and sufficiently implement safe staffing and 

 3   survive?

 4                SENATOR RIVERA:   Through you, 

 5   Madam President, yes, I believe we can do that.

 6                I made the -- you know, the -- and I 

 7   don't think -- was it an allegory, the whole 

 8   running and juggling at the same time?  I forget 

 9   what -- but I made the suggestion earlier that we 

10   need to do a lot of difficult things at the same 

11   time.  

12                And I recognize, as the Senator well 

13   knows, as Senator Gallivan well knows -- through 

14   you, Madam President -- that we fought tooth and 

15   nail to make sure that some of the cuts that 

16   happened last year and were implemented last year 

17   did not go into effect.  We fought to make sure 

18   that the suggestions or the changes to the 

19   Medicaid -- that the Medicaid Redesign Team put 

20   forward that we thought impacted New Yorkers 

21   negatively did not go into effect.  Ultimately, a 

22   lot of them did.  We were able to do some -- a 

23   lot better this year than we did last year.

24                So I do believe that while it is 

25   difficult, not only do I believe it is possible, 


                                                               3162

 1   but I repeat once again that we -- recognizing 

 2   that we want to make sure -- and the Majority 

 3   Conference is absolutely committed to this, to 

 4   make sure that good actors stay in this business 

 5   so that they can provide care for those that are 

 6   most vulnerable -- that we will do what we need 

 7   to do to make sure that we can help them do it.  

 8                So do I think that we can do it?  

 9   Yes, I do.  And I am committed to making sure, as 

10   is our entire conference, to making sure that we 

11   can make it so.

12                SENATOR GALLIVAN:   Through you, 

13   Madam President, will the sponsor yield for one 

14   last question.

15                ACTING PRESIDENT MAYER:   Senator  

16   Rivera, do you yield for a last question?  

17                SENATOR RIVERA:   With the belief 

18   that perhaps it will be the last question but 

19   probably he might have another follow-up, yes, I 

20   will, Madam President.

21                (Laughter.)

22                ACTING PRESIDENT MAYER:   The 

23   Senator yields.

24                SENATOR GALLIVAN:   I suppose it 

25   depends on the answer.


                                                               3163

 1                (Laughter.)

 2                SENATOR GALLIVAN:   So 

 3   Senator Rivera talked about a commitment, which I 

 4   very much appreciate, and no doubt our colleagues 

 5   and those served by nursing homes appreciate.  

 6   But I'm assuming -- or I guess does that 

 7   commitment mean working to ensure that there's 

 8   sufficient and adequate funding to accomplish 

 9   these goals?

10                SENATOR RIVERA:   Through you, 

11   Madam President, it means -- it certainly means 

12   securing the funding if necessary.  But because 

13   we are at the core of it making sure that 

14   patients and residents in nursing homes are kept 

15   safe, we are -- this is about that.  It is 

16   ultimately making sure that that happens.  

17                And so we will absolutely commit 

18   ourselves to -- as we do with the changes that 

19   we've made in law the last couple of weeks and 

20   months as it relates to nursing homes in the 

21   State of New York.  We know how serious it is, 

22   how much these changes are necessary to make sure 

23   that we can protect residents in nursing homes.  

24   So we are committed to doing that, to make sure 

25   that we can keep good actors in the mix so they 


                                                               3164

 1   can continue to serve people who live in these 

 2   facilities and that we keep patients and 

 3   New Yorkers safe.

 4                SENATOR GALLIVAN:   On the bill, 

 5   Madam President.

 6                ACTING PRESIDENT MAYER:   Senator 

 7   Gallivan on the bill.

 8                SENATOR GALLIVAN:   I'd like to 

 9   thank Senator Rivera for answering the questions 

10   and taking the time, and certainly for his 

11   commitment to the citizens of the state as it 

12   relates to their health as chair of the Health 

13   Committee.  I know we share many of the same 

14   goals as all of our colleagues do, and concern 

15   for people and their health.

16                And in this particular case, for our 

17   loved ones who are in nursing homes, I'm also 

18   pleased to hear Senator Rivera acknowledge the 

19   good actors, the good nursing homes, the 

20   overwhelming majority of those 621 nursing homes 

21   who plug along every day to try to do the jobs 

22   properly.  And we should all share the goal of 

23   rooting out the bad actors and holding the bad 

24   actors accountable.  So I thank him for those 

25   things.


                                                               3165

 1                On the bill in particular, it 

 2   certainly is a laudable goal.  And I don't know 

 3   anybody in this chamber who would not want to 

 4   make sure that we have a sufficient number of 

 5   professionals in nursing homes, health 

 6   professionals, to take care of our loved ones.  

 7   The question, of course, is how to go about it.

 8                We know that we have a severe health 

 9   workforce shortage in New York State.  We know 

10   that there's other members working on it, that 

11   there are going to be hearings.  This issue has 

12   been raised time and time again over the past 

13   several years.  

14                I have a concern right now, so many 

15   nursing homes have so much trouble recruiting 

16   qualified, competent healthcare professionals to 

17   work in these particular roles that they're able 

18   to meet these goals in the short term.

19                I'm also concerned -- we had an 

20   extensive talk about funding.  Given the cuts, 

21   given the pandemic, the financial challenges that 

22   have been presented and the additional financial 

23   costs, expenditures being put on the backs of 

24   nursing homes to accomplish this goal, I have 

25   concerns about that funding being there.  


                                                               3166

 1                And I also have concerns about 

 2   taking two major pieces of legislation to try to 

 3   accomplish these goals, the so-called 70/40 

 4   action that we took in the budget to require the 

 5   expenditures.  We don't even know how that's 

 6   going to turn out.  

 7                That's going to incur additional 

 8   costs that -- the sponsor talked about additional 

 9   state funding to work towards covering those 

10   costs, but we don't know if that's going to be 

11   sufficient or not.  He believes it is, I know 

12   that.  But we also know that we don't have enough 

13   people to fill those positions.  

14                So we have a question mark about the 

15   implementation of that major piece of 

16   legislation, and now at the same time we're 

17   adding another major piece of legislation on top 

18   of it.

19                My concern is that it becomes a 

20   little bit too much and a little too ambitious to 

21   accomplish in the short term and we may be better 

22   off, while we're working to support nursing homes 

23   achieve that 70/40 requirement, we focus on the 

24   workforce and workforce development to try to 

25   ensure that there's enough people to staff these 


                                                               3167

 1   positions and the supply in the pipeline well 

 2   into the future.

 3                For those reasons, while I care 

 4   deeply about nursing homes properly doing their 

 5   jobs and care deeply about our loved ones 

 6   receiving proper care, I'm more concerned in the 

 7   short term about the staffing and the funding and 

 8   the changes brought about by the 70/40 

 9   legislation.  So I will not be supporting this; 

10   at this particular time I'll be voting in the 

11   negative.

12                Thank you, Madam President.

13                ACTING PRESIDENT MAYER:   Are there 

14   any other Senators wishing to be heard?

15                Seeing and hearing none, debate is 

16   closed.  The Secretary will ring the bell.

17                Read the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT MAYER:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT MAYER:   Senator 

24   May to explain her vote.

25                SENATOR MAY:   Thank you, 


                                                               3168

 1   Madam President.

 2                In the past year our society has 

 3   learned to thank healthcare workers, the brave, 

 4   skilled front-line workers we have needed in this 

 5   time of emergency.  But we need to do more than 

 6   thank them.  We need to provide them with the 

 7   support they need to do their jobs.  We need to 

 8   make sure that one nurse or one CNA does not have 

 9   more residents or patients to care for than they 

10   realistically can care for.

11                This bill honors the nurses and CNAs 

12   who have been there for our elders -- not just 

13   during the pandemic, but long before that.  They 

14   are a special breed of people, fierce fighters 

15   for those in their care.

16                When Kious Kelly died on March 24, 

17   2020, the first R.N. in New York to succumb to 

18   the virus, his sister said this:  "Let me be 

19   absolutely clear," she said.  "Kious was not a 

20   victim.  He served with love.  If you needed 

21   care, you would get it.  He ran toward the 

22   oncoming enemy determined to bring survivors back 

23   with him.  That's who he was."

24                To the nursing staff in skilled 

25   nursing facilities and hospitals, we see who you 


                                                               3169

 1   are.  I hope this bill and the previous one say 

 2   loud and clear, we honor your hard work and we 

 3   want you to have the conditions you need to do 

 4   your important job.

 5                I want to thank Senator Rivera and 

 6   Majority Leader Stewart-Cousins for bringing this 

 7   bill to this point, and I proudly vote aye.

 8                ACTING PRESIDENT MAYER:   Senator 

 9   May to be recorded in the affirmative.

10                Senator Serino to explain her vote.

11                SENATOR SERINO:   Thank you, 

12   Madam President.  

13                I've been a cosponsor of the Safe 

14   Staffing Bill for years, but I just want to state 

15   for the record that I'm incredibly disappointed 

16   with how these bills have come to the floor 

17   today.

18                To negotiate them behind closed 

19   doors, split them in two and only invite certain 

20   folks to the negotiating table at a time when the 

21   public is screaming for transparency on the issue 

22   of nursing home care, it's not right.  

23                I heard today that these bills are 

24   coming in response to challenges faced during the 

25   pandemic.  Right?  But however, to pass 


                                                               3170

 1   legislation without a full top-to-bottom review 

 2   of the state's response during the pandemic, as 

 3   we've been calling on for months, defies logic.  

 4                Until this body leverages its power 

 5   to do that, how can we say we're effectively 

 6   addressing any of the problems that might have 

 7   occurred?  

 8                All of us here today have the best 

 9   of intentions.  I truly believe that.  We all 

10   want to do what is right to ensure that the 

11   patients receive the very best care.  But I 

12   certainly hope that the implementation does not 

13   result in the unintended consequences.  

14                I just want to put on the record 

15   that going forward, this house has to do better 

16   by these facilities and the vulnerable residents 

17   they serve.  And that starts with dedicating the 

18   appropriate resources that they need, as was 

19   mentioned.  This house has cut them short year 

20   after year after year, and we need to acknowledge 

21   how that absolutely hurts quality care.  

22                We all share the goal of empowering 

23   our seniors to age in place safely in their own 

24   homes, but the need for skilled nursing will 

25   always be there.  And we need quality facilities 


                                                               3171

 1   here in the state to ensure that it remains 

 2   available if and when it's needed.  

 3                It's time to redouble our commitment 

 4   to preserving the quality facilities, and that 

 5   means holding bad actors accountable, yes.  But 

 6   it also means ensuring that those providing 

 7   quality care have the resources that they need to 

 8   continue doing so.  

 9                Thank you, Madam President, and I 

10   vote aye.  Thank you.  

11                ACTING PRESIDENT MAYER:   Senator  

12   Serino to be recorded in the affirmative.

13                Senator Brisport to explain his 

14   vote.

15                SENATOR BRISPORT:   Thank you, 

16   Madam President.  

17                In the wake of COVID-19, and thanks 

18   in large part to years of advocacy by many of our 

19   colleagues in this room, it is widely recognized 

20   that the chronic understaffing of healthcare 

21   facilities is nothing short of deadly.  

22                However, as we address this issue we 

23   must also recognize that understaffing is one 

24   symptom of a deeply reckless mindset that has 

25   slowly seeped its way into every facet of our 


                                                               3172

 1   governance.  It has become normal to operate as 

 2   though leaving services and an infrastructure as 

 3   threadbare as possible is a reasonable or even 

 4   responsible thing to do.

 5                I believe that intuitively we all 

 6   know that the exact opposite is true.  And yet we 

 7   have gotten used to living within the confines of 

 8   the bare minimum.  Workers squeezed by their 

 9   employers to the breaking point, taking on longer 

10   hours with less sleep and less pay.  Patients 

11   forced to calculate the absolute smallest amount 

12   of medical care they think they can survive with, 

13   because they don't have access to adequate health 

14   insurance.  Subways and buses that come so 

15   sporadically we have no idea when we will 

16   actually get to work each day, even when that 

17   work is essential to keeping New Yorkers alive.

18                This allowance for the bare minimum 

19   is not a responsible way to operate, and it is a 

20   wildly inefficient way to operate.  It may be a 

21   short-term savings for corporations of 

22   billionaires, but the long-term cost to our 

23   communities is astronomical.  

24                I want to thank Senator Rivera for 

25   getting us here today.  Let's keep challenging 


                                                               3173

 1   and dismantling the broken norm of accepting the 

 2   bare minimum -- not only in our hospitals and 

 3   nursing homes, but in every aspect of our 

 4   governance.  

 5                Madam President, I vote aye.

 6                ACTING PRESIDENT MAYER:   Senator 

 7   Brisport to be recorded in the affirmative.

 8                Senator Jackson to explain his vote.

 9                SENATOR JACKSON:   Thank you, 

10   Madam President, and good afternoon to my 

11   colleagues.

12                First let me thank Senator Rivera in 

13   answering all of the questions put forward by all 

14   of our colleagues regarding this particular bill.  

15                But I rise to explain my support for 

16   both safe staffing bills, both with the hospitals 

17   the nursing homes.  As legislators we must 

18   support our nurses and healthcare workers who 

19   continue to work tirelessly to save lives.  

20                It is no secret that having safe and 

21   appropriate nurse staffing levels in nursing 

22   homes and hospitals positively impacts patient 

23   care.  A year into this pandemic has shown us all 

24   what many have already known, that nursing care 

25   in nursing homes is essential.  These workers 


                                                               3174

 1   continue to provide the majority of care to 

 2   patients, so it's only right that our state 

 3   finally mandates that healthcare facilities hire 

 4   enough staff to care for their patients properly.

 5                When it comes to nursing homes, that 

 6   means setting benchmarks for care.  Research has 

 7   demonstrated that hospitals with lower nurse 

 8   staff levels lead to higher costs and mortality 

 9   from hospital-acquired complications.  Ensuring 

10   sufficient staffing of hospital personnel 

11   protects patients, supports excellence in nursing 

12   care, and promotes safer working conditions.

13                Improved outcomes will come from 

14   giving clinical workers a say in the staffing 

15   plans, ensuring that these facilities operate to 

16   guarantee safety and to deliver top-notch 

17   healthcare services.

18                The bottom line is that all 

19   New Yorkers deserve safe quality healthcare.  My 

20   thanks to Senator Gustavo Rivera for his 

21   excellent work as our Health Committee chair, and 

22   the advocates who helped get the bills across the 

23   finish line.  

24                Madam Chair, I vote aye.

25                ACTING PRESIDENT MAYER:   Senator 


                                                               3175

 1   Jackson to be recorded in the affirmative.

 2                Senator Rivera to explain his vote.

 3                SENATOR RIVERA:   Thank you, 

 4   Madam President.  

 5                I want to thank all Senators who 

 6   were -- who asked questions, Senator Gallivan, 

 7   Senator Boyle, as well as my colleagues who are 

 8   supportive of this.  

 9                But, Madam President, I want to 

10   thank the advocates who have for so long fought 

11   to make sure that this gets to the floor.  The 

12   nurses who -- many of whom gave their lives 

13   during the last year and, even during the best of 

14   times, put themselves in harm's way every day to 

15   make sure that we are safe.

16                We owed them this, at the very 

17   least, and I'm glad that we're getting it done 

18   today.

19                And again, for the record, 

20   Madam President, I wanted to thank Senator Andrea 

21   Stewart-Cousins, without whom we would not be 

22   here.  She was the one that decided that 15 or 

23   14 years, however long this bill had been around, 

24   was long enough, that we needed to actually get 

25   all stakeholders around the table, knock heads if 


                                                               3176

 1   necessary, and actually get to a solution.  And 

 2   we did.  

 3                And I believe that this is a -- that 

 4   both bills that we're passing today will have an 

 5   immense impact on the State of New York.  And I 

 6   recognize that it is difficult, that many of 

 7   those institutions are strained because of the 

 8   pandemic.  But we have a commitment to help them 

 9   out because we know how important it is, 

10   Madam President, that each one of them serve the 

11   individuals, the vulnerable populations that they 

12   take care of.  Those are the folks who we are 

13   centering today -- the folks who serve them, the 

14   healthcare workers, but specifically the 

15   residents that need to be protected.

16                The many that we've lost, we're 

17   doing this for them.

18                And so I thank the advocates, the 

19   Senators that voted for it, the workers, the 

20   patients.  And lastly I will say that it is an 

21   ongoing thing, Madam President, this is an 

22   ongoing effort.  We know that we're going to have 

23   some tweaking probably to do when we figure out 

24   how this is going to be implemented on a 

25   day-to-day basis.  We will take very good care 


                                                               3177

 1   during that process because, again, we know how 

 2   important it is to protect those vulnerable among 

 3   us.  

 4                So, Madam President, I proudly vote 

 5   in the affirmative.  Thank you.

 6                ACTING PRESIDENT MAYER:   Senator  

 7   Rivera to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 733, those Senators voting in the 

11   negative are Senators Akshar, Borrello, Boyle, 

12   Felder, Gallivan, Helming, O'Mara, Ortt and 

13   Ritchie.

14                Ayes, 54.  Nays, 9.

15                ACTING PRESIDENT MAYER:   The bill 

16   is passed.

17                Senator Liu, that completes the 

18   reading of the controversial calendar.

19                SENATOR LIU:   Madam President, may 

20   we return to motions.

21                ACTING PRESIDENT MAYER:   Motions 

22   and resolutions.

23                Senator Liu.

24                SENATOR LIU:   Madam President, on 

25   page 20 I offer the following amendments to 


                                                               3178

 1   Calendar Number 428, Senate Print 3909, and ask 

 2   that this said bill retain its place on the Third 

 3   Reading Calendar.

 4                ACTING PRESIDENT MAYER:   The 

 5   amendments are received, and the bill shall 

 6   retain its place on the Third Reading Calendar.

 7                SENATOR LIU:   Madam President, that 

 8   was for Senator Kennedy's bill.

 9                Also, on page 29 I offer the 

10   following amendments to Calendar Number 618, 

11   Senate Print 5576, and ask that the said bill 

12   retain its place on the Third Reading Calendar.  

13   This bill is by Senator Mayer.

14                SENATOR MAYER:   The amendments are 

15   received, and the bill shall retain its place on 

16   the Third Reading Calendar.

17                SENATOR LIU:   Finally, 

18   Madam President, on page 35 I offer the following 

19   amendments to Calendar Number 706, Senate Print 

20   Number 1746, and ask that the said bill shall 

21   retain its place on Third Reading Calendar.  This 

22   bill is by Senator Kennedy.

23                ACTING PRESIDENT MAYER:   The 

24   amendments are received, and the bill shall 

25   retain its place on the Third Reading Calendar.


                                                               3179

 1                SENATOR LIU:   Madam President, is 

 2   there any further business at the desk?

 3                ACTING PRESIDENT MAYER:   Senator 

 4   Liu, there is no further business at the desk.

 5                SENATOR LIU:   I move to adjourn 

 6   until Wednesday, May 5th, at 11:00 a.m.

 7                ACTING PRESIDENT MAYER:   On motion, 

 8   the Senate stands adjourned until Wednesday, 

 9   May 5th, at 11:00 a.m.

10                (Whereupon, at 5:30 p.m., the Senate 

11   adjourned.)

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