Regular Session - March 23, 2022
1551
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 23, 2022
11 3:04 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LIEUTENANT GOVERNOR BRIAN A. BENJAMIN, President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
1552
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 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 THE PRESIDENT: In the absence of
9 clergy, let us bow our heads in a moment of
10 silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 THE PRESIDENT: Reading of the
14 Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 March 22, 2022, the Senate met pursuant to
17 adjournment. The Journal of Monday, March 21,
18 2022, was read and approved. On motion, the
19 Senate adjourned.
20 THE PRESIDENT: Without objection,
21 the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Salazar
1553
1 moves to discharge, from the Committee on Women's
2 Issues, Assembly Bill Number 8536 and substitute
3 it for identical Senate Bill 7628, Third Reading
4 Calendar 687.
5 THE PRESIDENT: So ordered.
6 Messages from the Governor.
7 Reports of standing committees.
8 Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions.
12 Senator Gianaris.
13 SENATOR GIANARIS: Thank you,
14 Mr. President. Good afternoon.
15 Let's begin by taking up previously
16 adopted Resolution 2106, by Senator Mannion, read
17 that resolution in its entirety, and recognize
18 Senator Mannion on the resolution.
19 THE PRESIDENT: The Secretary will
20 read.
21 THE SECRETARY: Senate Resolution
22 2106, by Senator Mannion, congratulating BJ
23 Stasio, former President of the Self-Advocacy
24 Association of New York State (SANYS), upon the
25 occasion of his induction into the Susan M.
1554
1 Daniels Disability Mentoring Hall of Fame.
2 "WHEREAS, It is the custom of this
3 Legislative Body to recognize and honor the
4 lifetime achievements of those individuals whose
5 generosity, industriousness, and devotion to
6 ideals have brought great benefits to their
7 communities and fellow citizens; and
8 "WHEREAS, Attendant to such concern
9 and in full accord with its long-standing
10 traditions, this Legislative Body is justly proud
11 to congratulate BJ Stasio, former President of
12 SANYS, upon the occasion of his induction into
13 the Susan M. Daniels Disability Mentoring Hall of
14 Fame; and
15 "WHEREAS, Individuals and
16 organizations devoted to improving the quality of
17 life for others, enabling them to build lives of
18 dignity and self-worth, are deserving of the
19 highest praise and recognition; BJ Stasio is one
20 such individual; and
21 "WHEREAS, The Susan M. Daniels
22 Disability Mentoring Hall of Fame was established
23 to honor those who are making a significant
24 difference in the lives of youth and adults with
25 disabilities through mentoring and to raise
1555
1 awareness about the importance of mentoring for
2 individuals with disabilities; and
3 "WHEREAS, The public has been
4 invited to nominate individuals and organizations
5 for the Hall of Fame every year; a total of
6 137 individuals and 17 organizations have been
7 inducted to date; and
8 "WHEREAS, BJ Stasio has been
9 involved with the Self-Advocacy Association of
10 New York State for nearly 20 years; and
11 "WHEREAS, With many admirable
12 qualities, BJ Stasio has acted as a leader within
13 the self-advocacy community, tirelessly giving of
14 his time and energies to promote positive change
15 for two decades; and
16 "WHEREAS, Rare indeed is the
17 impressive dedication shown by an individual for
18 the benefit of others which BJ Stasio has
19 displayed throughout his life; and
20 "WHEREAS, It is the sense of this
21 Legislative Body that those who enhance the
22 well-being and vitality of their community and
23 have shown a long and sustained commitment to
24 excellence certainly have earned the recognition
25 and applause of all the citizens of this great
1556
1 Empire State; now, therefore, be it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations to honor
4 BJ Stasio upon the occasion of his designation
5 for special recognition, and for the remarkable
6 contributions he has made since joining SANYS and
7 while acting president; and be it further
8 "RESOLVED, That a copy of this
9 resolution, suitably engrossed, be transmitted to
10 BJ Stasio."
11 THE PRESIDENT: Senator Mannion on
12 the resolution.
13 SENATOR MANNION: Thank you,
14 Mr. President.
15 It was great today to share in the
16 acknowledgment of the good work that BJ Stasio
17 has done. Unfortunately, he did have to travel
18 back home. I hope that he's watching right now
19 as that is occurring. But we did get some time
20 on the floor today, and I'm greatly appreciative.
21 So I rise today to recognize BJ
22 Stasio on his induction into the Susan M. Daniels
23 Disability Mentoring Hall of Fame. BJ is a
24 former president of the Self-Advocacy Association
25 of New York State, and the Hall of Fame was
1557
1 established to honor those who are making a
2 significant difference in the lives of youth and
3 adults with disabilities through mentoring, and
4 to raise awareness about the importance of
5 mentoring for individuals with disabilities.
6 BJ does not seek personal accolades.
7 The reward for BJ's life's work is all around
8 him. It's in the quality-of-life improvements
9 that he has helped deliver to the I/DD community.
10 It's in the respect that he commands and
11 deserves. It's in the results he gets through
12 strategic advocacy campaigns like his just
13 completed Rise Up campaign that produced
14 thousands and thousands of stories of life
15 experiences from people with disabilities, all
16 delivered personally by BJ to the Governor's
17 office.
18 And it is in the next generation of
19 self-advocates that he continues to train and
20 advise through the Art of Advocacy program which
21 he created and continues to run.
22 It is also with Debby, his last
23 regular and reliable and trusted DSP. I thank
24 Debby, and she deserves acknowledgment, as do all
25 people who work in this capacity.
1558
1 And I also want to acknowledge his
2 wife, Amber, who is a great advocate and
3 supporter and herself a special education
4 teacher.
5 BJ and Debby were going to join us
6 in person today at this time, but they, as I
7 said, are headed back to Buffalo. I know they're
8 both listening in the car and I had the honor of
9 bringing them to the floor earlier today.
10 While we recognize BJ's
11 achievements, let me be clear. He is not one to
12 rest on his laurels. You've all heard from him
13 or met with him over the years, and I'm sure he
14 will continue to contact you in the future. He'd
15 be the first to tell me to use this opportunity
16 to shine a light on the needs of others, on all
17 the work that still needs to be done.
18 And I urge my colleagues that a way
19 to honor BJ is to not just speak with him, but
20 listen to him, ask him how things are going --
21 and he certainly will tell you. He has no
22 problem sharing his opinions with all of us.
23 He desperately needed staff like
24 Debby to assist him, and he began asking
25 strangers in the grocery store to see if they
1559
1 wanted to be employed and to work with him. This
2 is the type of world that people with
3 disabilities are in currently in this state in
4 2022.
5 Because his experiences reflect
6 those of so many of our friends and our family
7 and our loved ones, I encourage you to also talk
8 to DSPs like Debby, ask them about their job, and
9 then ask them how much money they make. And
10 Debby will surely tell you that she makes less
11 than most and she doesn't do this for the money.
12 They do the job because they're a
13 unique kind of person that is drawn into the
14 profession, and it is on us to deliver to them
15 the salary enhancements that they so obviously
16 deserve.
17 BJ's advocacy will lead to an end to
18 this terrible workforce crisis, and I'm certain
19 of that. It will be part of his legacy, and I'll
20 be grateful to have played a small part in that.
21 On a personal note, BJ is a friend,
22 an advisor, an expert in his field, and an
23 incredible person. As I stated, he created the
24 Art of Advocacy program, and today I was honored
25 as he handed me a wristband. It is like the
1560
1 karate belts that people are given. I'm up to a
2 red. All right? And hopefully by the time I
3 leave this chamber, I'll be up to a black.
4 Thank you, BJ. Join me, my
5 colleagues, in welcoming BJ Stasio into the
6 New York State Senate -- I wish he was here at
7 this time; he was on the floor earlier today --
8 and recognizing him for his induction into the
9 Mentoring Hall of fame.
10 Thank you, Mr. President.
11 THE PRESIDENT: Senator Ortt on the
12 resolution.
13 SENATOR ORTT: Thank you,
14 Mr. President.
15 I rise -- first I want to thank
16 Senator Mannion for bringing this resolution, for
17 sponsoring this resolution in honor of somebody
18 who we can all get behind and all agree makes our
19 jobs better, makes us better legislators.
20 People like BJ Stasio made me a
21 better legislator. When I first met BJ, it was
22 several years ago. I was chair of, at that time,
23 the Mental Health and Developmental Disabilities
24 Committee, and BJ was working at the Western
25 New York DDSO, the Developmental Disabilities
1561
1 Services Office. He was a tremendous advocate
2 for those who otherwise could not always advocate
3 for themselves.
4 Now, BJ would never let his
5 developmental disabilities stand in the way of
6 the advocacy work that he was doing. So when I
7 first came across with him, he was fighting for
8 a -- there was a gap in public transportation
9 from where the bus stopped -- there was about a
10 mile between that and the office where folks with
11 developmental disabilities needed to get to.
12 They needed to get there to see BJ so he could
13 help them with whatever they needed assistance
14 with.
15 And we had a -- I guess a protest
16 parade, if you would, to highlight the gap in
17 service. And BJ was right there, gave me a tour
18 of the DDSO. And I always remember BJ, no matter
19 when I saw him, always had a smile on his face.
20 You asked him how's it going -- and I'm sure
21 Senator Mannion and Senator Martucci, who is our
22 ranker on the committee, would tell you he always
23 had a smile on his face, always positive, always
24 optimistic about the future.
25 And I think about that sometimes in
1562
1 contrast -- I'll use myself. There's days when I
2 wish I had the optimism that BJ does. And he's a
3 great inspiration and a reminder that we all
4 should -- that we're all blessed to be able to do
5 the work that we do to advocate for those who
6 might not be able to be here to advocate for
7 themselves, to be able to push for changes to
8 things that are going to help other people.
9 BJ gets it. He doesn't need an
10 elected office to understand that. He does it
11 every single day.
12 And I could not be prouder to stand
13 up here in support of this resolution, in support
14 of the work BJ does. Maybe it's better that BJ
15 isn't here, because this would be -- he would
16 almost be embarrassed to be here. This is not
17 why he does it. And that's how you know he's a
18 good one, because he doesn't do it for the
19 accolades, he doesn't do it to be up there in the
20 chamber and get all the applause. He does it
21 because it matters. He does it because he knows
22 inherently the benefits of the changes that he's
23 advocating for.
24 And I'll tell you what, for the last
25 several years, but for the role of the
1563
1 Legislature listening to people like BJ, people
2 like BJ would be worse off because for several
3 years the executive, the previous executive did
4 not find it in their power or in their ability or
5 a priority to make sure that there was funding
6 and supports for people like BJ and the community
7 that BJ advocates for.
8 But again, but for people like BJ
9 and the Legislature, on both sides of the
10 aisle -- we made sure we listened to people like
11 BJ and we're advocating for people like BJ. And
12 I know and I'm optimistic that will continue.
13 Again, I want to thank Senator
14 Mannion for bringing the resolution. I want to
15 thank my colleague Senator Martucci, who I know
16 is also going to speak. And I would like to
17 congratulate BJ Stasio on his induction to the
18 Hall of Fame.
19 You know, we think about a Hall of
20 Fame related to sports, Mr. President. We think
21 about it -- football, baseball, hockey. I can
22 promise you that it is no less of an
23 accomplishment for BJ Stasio to be inducted into
24 the Hall of Fame as it would be for anybody who
25 played professional sports. In fact, it's
1564
1 probably a greater accomplishment.
2 It may not get the fanfare, maybe
3 not get the ink spilled over it, but I'll tell
4 you, when you look at this man's life and what
5 he's accomplished and the odds that were stacked
6 against him, this is a long overdue and very
7 worthy recognition for BJ Stasio, my friend and a
8 great New Yorker and a great advocate for those
9 with developmental disabilities.
10 So, Mr. President, I'm proud to
11 speak in support of this resolution.
12 THE PRESIDENT: Senator Martucci on
13 the resolution.
14 SENATOR MARTUCCI: Thank you,
15 Mr. President. I rise in support of the
16 resolution before the house.
17 It's fitting that this resolution
18 comes today. But before I speak on the
19 resolution, I want to also thank my colleague
20 Senator Mannion for bringing this resolution to
21 the floor.
22 You know, we spent some time outside
23 this morning, Senator Mannion and I and others,
24 rallying in support of folks in the I/DD
25 community. And it should come as no surprise
1565
1 that BJ was leading that charge. It's something
2 that he's been doing for a very long time here.
3 And when I came to this body in the
4 beginning of last year, I didn't know a whole lot
5 of folks in the I/DD community. One of the very
6 first that I met was BJ Stasio. And, you know, I
7 know some of my colleagues here don't have the
8 opportunity or have not yet had the opportunity
9 to meet or know BJ. But let me tell you
10 something. He absolutely is an all-star. He
11 belongs in the Hall of Fame. In fact,
12 Mr. President, he's the Babe Ruth of what he
13 does.
14 And I can tell you we all know in
15 this room that there are a lot of folks who get
16 paid to advocate for various issues and causes in
17 this building. And BJ doesn't get paid, but what
18 he is, is the very best at what he does. So some
19 of the folks here that get big checks for doing
20 what they do can learn something from BJ, there's
21 no question about it.
22 BJ, as the president of the
23 Self-Advocacy Association of New York State,
24 practices what he preaches. He is the
25 personification of everything that organization
1566
1 believes in -- honesty, choice, respect,
2 equality, inclusion and freedom. So it's only
3 fitting today that all of us pause and thank him
4 for his work. His work has improved the lives of
5 millions and millions of New Yorkers.
6 And I can tell you that one of the
7 best things that we can do as legislators in this
8 room is learn from the people who know the
9 challenges the best, and certainly BJ is one of
10 them.
11 So it is my honor to rise in support
12 of BJ, in support of all the self-advocates and
13 the great work that they do. Once again, I want
14 to thank my colleague Senator Mannion for
15 bringing this important resolution to the floor.
16 And most importantly, Mr. President,
17 I want to thank BJ and congratulate him for all
18 he's done and all he continues to do.
19 THE PRESIDENT: The resolution was
20 previously adopted on March 22nd.
21 Senator Gianaris.
22 SENATOR GIANARIS: Mr. President,
23 Senator Mannion would like to open that
24 resolution for cosponsorship.
25 THE PRESIDENT: The resolution is
1567
1 open for cosponsorship. Should you choose to not
2 be a cosponsor of the resolution, please notify
3 the desk.
4 Senator Gianaris.
5 SENATOR GIANARIS: Please take up
6 the calendar at this time.
7 THE PRESIDENT: The Secretary will
8 read.
9 THE SECRETARY: Calendar Number
10 115, Senate Print 3866, by Senator Kennedy, an
11 act to amend the Public Health Law and
12 Chapter 802 of the Laws of 1947.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 4. This
16 act shall take effect on the first of January.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE PRESIDENT: Announce the
20 results.
21 THE SECRETARY: Ayes, 63.
22 THE PRESIDENT: The bill is passed.
23 THE SECRETARY: Calendar Number
24 405, Senate Print 534B, by Senator Kaplan, an act
25 to amend the Public Health Law.
1568
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 180th day after it
5 shall have become a law.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE PRESIDENT: Announce the
9 results.
10 THE SECRETARY: Ayes, 63.
11 THE PRESIDENT: The bill is passed.
12 THE SECRETARY: Calendar Number
13 490, Senate Print 8127, by Senator Breslin, an
14 act to amend the Insurance Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE PRESIDENT: Announce the
22 results.
23 THE SECRETARY: Ayes, 63.
24 THE PRESIDENT: The bill is passed.
25 THE SECRETARY: Calendar Number
1569
1 520, Senate Print 968, by Senator Gaughran, an
2 act to amend the Public Authorities Law.
3 SENATOR LANZA: Lay it aside.
4 THE PRESIDENT: Lay it aside.
5 THE SECRETARY: Calendar Number
6 533, Senate Print 7752, by Senator Brouk, an act
7 directing the Commissioner of Mental Health to
8 establish a maternal mental health workgroup.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE PRESIDENT: Announce the
16 results.
17 THE SECRETARY: Ayes, 63.
18 THE PRESIDENT: The bill is passed.
19 THE SECRETARY: Calendar Number
20 534, Senate Print 7753, by Senator Brouk, an act
21 to require the Office of Mental Health and the
22 Department of Health to conduct a study on the
23 disparate impacts regarding postpartum depression
24 screening tests.
25 THE PRESIDENT: Read the last
1570
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE PRESIDENT: Announce the
7 results.
8 THE SECRETARY: Ayes, 63.
9 THE PRESIDENT: The bill is passed.
10 THE SECRETARY: Calendar Number
11 683, Senate Print 6287A, by Senator Mannion, an
12 act to amend the Social Services Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 4. This
16 act shall take effect on the 180th day after it
17 shall have become a law.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE PRESIDENT: Announce the
21 results.
22 THE SECRETARY: Ayes, 63.
23 THE PRESIDENT: The bill is passed.
24 THE SECRETARY: Calendar Number
25 687, Assembly Bill Number 8536, by
1571
1 Assemblymember Gottfried, an act to amend the
2 Public Health Law.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE PRESIDENT: Announce the
10 results.
11 THE SECRETARY: Ayes, 63.
12 THE PRESIDENT: The bill is passed.
13 THE SECRETARY: Calendar Number
14 688, Senate Print 8241A, by Senator Cleare, an
15 act to amend the Insurance Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of January.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE PRESIDENT: Senator Cleare to
23 explain her vote.
24 SENATOR CLEARE: Thank you,
25 Mr. President.
1572
1 I rise on behalf of all women,
2 mothers, those who are pregnant and expecting,
3 those trying, planning or dreaming. I rise and
4 keep in mind and in my heart all mothers and
5 children affected by our maternal mortality
6 crisis, which our conference addresses today.
7 When a woman is pregnant, the
8 ability to not only access but receive
9 comprehensive healthcare is vital, not only for
10 the mother but for the entire life trajectory of
11 the child upon birth. New York wisely added
12 pregnancy to the special enrollment period in
13 2016, allowing pregnant women to apply for
14 insurance in an expedient manner.
15 However, this cannot be done as
16 easily as it should be. Applying is not the same
17 as receiving. It requires at least one visit to
18 the doctor to certify the pregnancy, which can
19 mean fees, bills, and charges. Then you have to
20 navigate the Marketplace and find the plan -- and
21 most plans charge premiums or require
22 contributions.
23 On top of these contributions or
24 these premiums, health insurance may have the
25 discretion to charge fees to pregnant women who
1573
1 exercise the special enrollment period option.
2 So on top of the Marketplace search,
3 the original charge for the doctor's visit, and
4 the premiums and potential additional fees, we
5 now have a situation that still has barriers.
6 Women have shared with us that fees
7 and impediments exist. Given the law does not
8 prohibit fees in this instance, and no health
9 plan denies the right to do so, preventative
10 measures are required. Accordingly, today we
11 have the foresight to remove one more barrier to
12 care.
13 I urge everyone to support this
14 legislation and join me in voting aye.
15 THE PRESIDENT: Senator Cleare to
16 be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 63.
19 THE PRESIDENT: The bill is passed.
20 Senator Gianaris.
21 SENATOR GIANARIS: Mr. President,
22 please join me in acknowledging Senator Cordell
23 Cleare on her first bill to pass the Senate.
24 (Sustained applause.)
25 THE PRESIDENT: Congratulations,
1574
1 Senator Cleare, from Harlem.
2 (Laughter.)
3 THE PRESIDENT: The Secretary will
4 read.
5 THE SECRETARY: Calendar Number
6 707, Senate Print 3010, by Senator Ramos, an act
7 to amend the Public Health Law and the
8 Insurance Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect one year after it shall
13 have become a law.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE PRESIDENT: Announce the
17 results.
18 THE SECRETARY: Ayes, 63.
19 THE PRESIDENT: The bill is passed.
20 Senator Gianaris, that completes the
21 reading of today's calendar.
22 SENATOR GIANARIS: Thank you,
23 Mr. President.
24 I was just commenting that I think
25 Senator Cleare beat her predecessor to getting
1575
1 her first bill passed here in the Senate.
2 (Laughter.)
3 SENATOR GIANARIS: At any rate, can
4 we now move on to the controversial calendar,
5 please.
6 THE PRESIDENT: The Secretary will
7 ring the bell.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 520, Senate Print 968, by Senator Gaughran, an
11 act to amend the Public Authorities Law.
12 THE PRESIDENT: Senator Lanza, why
13 do you rise?
14 SENATOR LANZA: Mr. President,
15 greetings.
16 THE PRESIDENT: Greetings.
17 SENATOR LANZA: It's always great
18 to see you.
19 THE PRESIDENT: You as well.
20 SENATOR LANZA: Mr. President, I
21 believe there's an amendment at the desk.
22 I waive the reading of that
23 amendment and ask that you recognize
24 Senator Tedisco to be heard.
25 THE PRESIDENT: Thank you,
1576
1 Senator Lanza.
2 Upon review of the amendment, in
3 accordance with Rule 6, Section 4B, I rule it
4 nongermane and out of order at this time.
5 SENATOR LANZA: Accordingly,
6 Mr. President, I appeal the ruling of the chair
7 and ask that Senator Tedisco be recognized.
8 THE PRESIDENT: The appeal has been
9 made and recognized, and Senator Tedisco may be
10 heard.
11 SENATOR TEDISCO: Thank you,
12 Senator Lanza. And thank you, Mr. President and
13 my colleagues.
14 My colleagues, today was a special
15 day out in front of the Capitol, or on the back
16 of the Capitol here. We had the most important
17 part of -- a group of the most important part of
18 our representative democracy, our constituents,
19 our citizens. A very special group of our
20 constituents and our citizenry involved in
21 representative democracy of those who put us
22 here. We take an oath of office to protect them
23 and their families and their loved ones.
24 They are a part of the group that
25 lost 15,000 of our most vulnerable population in
1577
1 this state to the coronavirus pandemic. And they
2 were here with mixed emotions. They were very
3 happy that myself and Senator Serino and
4 Assemblyman Kim and Janice Dean -- a bipartisan
5 group of Democrats and Republicans from the
6 Senate and the Assembly were joining them to
7 commemorate and remember their loss and the
8 reason why that loss took place in New York State
9 and the actions that involved our -- in
10 particular, our chief executive at that time.
11 And they were here not only to say,
12 We're here to make sure you remember, but we're
13 also here to carry our loved ones on our
14 shoulders and you on our shoulders, you who are
15 here to stand up, to go back to your colleagues
16 and tell them how we feel about this loss. Tell
17 them that that loss, to the extent that it took
18 place, did not have to happen. And tell them we
19 want to turn this terrible, terrible tragedy --
20 which, by the way, was a tragedy for all our
21 constituents. We don't demean that whatsoever.
22 The loss of life, the economic impact, the whole
23 nation -- the world -- but especially our most
24 vulnerable population.
25 They wanted to come here to say to
1578
1 turn this tragedy that happened to us and our
2 family and our loved ones into something positive
3 for the rest of our constituents in this state.
4 Because this is a bad penny, this virus. And
5 there will be bad pennies down the road which are
6 viruses also. Let's face it. We hope it never
7 happens again, but we know that in all
8 probability it will.
9 The last variant has dropped now,
10 and we've got the masks off and we're not doing
11 that much distancing, we're coming out and people
12 are going grocery shopping. But they know it
13 could happen again. And what they're saying is
14 there are many unanswered questions. And they
15 told all of us who were there to come back to
16 you and tell you, We want the answers to those
17 unanswered questions so we can change the future
18 when this happens again, so we can change the
19 lack of transparency which took place with our
20 last executive on the second floor.
21 And make no mistake, I don't think
22 there's much of a disagreement between that side
23 of the aisle and our side of the aisle of the
24 lack of transparency in a whole variety of ways
25 of the previous chief executive of the state, but
1579
1 especially on the lack of giving us the real
2 numbers, the reason why those numbers took place
3 in the dimensions they did, what that executive
4 order on the 25th of that date meant when, week
5 upon week upon week, we said: This lacks common
6 sense.
7 A fifth-grader knows, when you have
8 a contagious virus with people who are
9 compromised in nursing homes, you don't mandate
10 or require they go in the nursing homes. Makes
11 absolutely no sense.
12 They want to know when real science
13 turned into Cuomo science and the destruction of
14 lives took place. We thought and they thought --
15 and we talked about that out there -- he had to
16 leave. We gave him two weeks, he made a deal, we
17 were going to impeach him. We know what
18 happened. He's trying to reinvent himself. I
19 don't want to talk about him at all anymore.
20 But they thought and I thought and I
21 think you thought we got a new governor, we got
22 Governor Hochul, we're going to get a new
23 commissioner, Commissioner Bassett. We're going
24 to have enhanced transparency, that was the
25 promise.
1580
1 Well, they're here to say you did
2 not fulfill that promise. They did not fulfill
3 that promise. Certainly this commissioner is not
4 fulfilling that promise. Because myself,
5 Senator Serino, many of the members in this room,
6 Assemblyman Kim -- when she came before us, we
7 asked one simple question, in our own way, many
8 times. It's a question that's been asked in the
9 past by some very smart leaders: What are the
10 lessons, our new commissioner-to-be, that you've
11 learned from the past actions of the previous
12 commissioner in our previous administration?
13 Because we know that history, if
14 it's not remembered, if it's not checked about
15 the failures that take place, are destined to
16 take place in the future. What have you learned?
17 Shock -- unbelievable shock, her
18 answer. You know what her answer is? Now,
19 you're not going to believe this, but you
20 probably already know it. But I don't know if
21 the constituents know: I'm not even going to
22 read the executive order that the governor made
23 about putting people with this contagion into
24 basically people who may be compromised but are
25 basically healthy. Not going to read it. What?
1581
1 But beyond that, I'm not going to
2 unravel what took place on the second floor in
3 the Capitol, in the commissioner's office, in the
4 people surrounding them. When this Governor came
5 in, there's a new science. It's Cuomo science.
6 I want you all to follow Cuomo science. You know
7 who reported that in the city? The New York
8 Times reported it.
9 People resigned because they
10 wouldn't support Cuomo science. I want those
11 people interviewed. I want them talked to. I
12 want to know what the commissioner and the
13 governor said to those people surrounding them
14 when they made that decision and wouldn't back
15 off it.
16 And I said this before about the
17 redistricting -- that's something else. But I
18 said, when someone lies, the first thing you have
19 to do is tell another lie to cover up the first
20 lie that they told. Then they have to tell
21 another lie to cover up the second lie they told
22 to cover up the first -- and it continues and
23 continues and continues. That's what the
24 governor did.
25 Because after they were losing their
1582
1 lives and started to die, he had to figure out a
2 reason to blame somebody else. So who did he
3 blame? The CDC, the federal government, the
4 previous president of the United States, the
5 workers, the visitors. Then he got to this
6 point, and he said, The numbers are very high,
7 we've got to change the way -- we're not going to
8 count it like every other state in the nation.
9 We're not going to do that.
10 Remember this? The constituents
11 remember this. When somebody dies in a hospital,
12 it's a hospital death. If they die in a nursing
13 home, we'll say it's a nursing home death. But
14 they got the contagion in a nursing home. Now,
15 think about the logic of that for us who want to
16 change the direction we go on this. If we only
17 said they died in a hospital, we have to do
18 something about that hospital. They're dying,
19 they got -- no, they got it in the nursing homes.
20 That was the point we were trying to get, which
21 he wouldn't give us the numbers about.
22 You heard what the AG said,
23 50 percent -- now, the least -- I'll give him
24 credit, the least political guy, maybe, at the
25 higher level here is the Comptroller, DiNapoli.
1583
1 Okay? You know, I'm sure he's partisan. We're
2 all partisan, because we believe in what we
3 believe for our con -- but when he says 4100
4 above what the governor was saying, I think
5 you've got to believe him, especially, above
6 everybody else who is a public servant.
7 So it was one distortion after
8 another distortion after another distortion. But
9 then he said this, and you remember this: "What
10 difference does it make where they die?" Do you
11 know what dagger that put into the hearts of your
12 constituents and my constituents who lost
13 their -- "What difference does it make where they
14 die?"
15 The difference it makes is they got
16 the condition in the nursing home. And a part of
17 that was the research that the Empire Center did.
18 And then the Empire Center -- and I was an amicus
19 brief -- we said, Wait a second, we're going to
20 have to FOIL this. So they FOILed.
21 Do you know how long it took for him
22 not to give us the answers about the numbers of
23 deaths? Seven to eight months. So what did they
24 do when I became an amicus brief? We sued the
25 governor and the commissioner in the State of
1584
1 New York. Judge Kimberly O'Connor -- you know,
2 when she came back with the verdict, the
3 governor -- this is her words -- broke the
4 Open Government Law and the FOIL law. You have
5 to give the numbers and you have to pay the legal
6 fees.
7 He gave us numbers. I don't believe
8 they were the total real numbers. Because he was
9 still saying if you die in a hospital, it's
10 different from -- think of the logic of that. If
11 they got sick in the nursing home, so sick they
12 had to go to a hospital and an ambulance came to
13 pick them up and they died in the ambulance on
14 the way to the nursing home, he was going to say
15 that was an ambulance death. No. That's not
16 going to help us solve this problem for the
17 future or change the direction we take or do
18 something different to protect our most
19 vulnerable population.
20 They shouldn't have gone into the
21 nursing home. You had the Javits Center, you had
22 the boat at the port. But we need a better plan
23 than that, okay? We need a regional plan. And
24 that's what we're asking -- we were asking of the
25 commissioner. Do an investigation yourself and
1585
1 then give us that regional plan of where to put
2 these individuals when the next governor says our
3 beds are being filled up and nursing home
4 patients who got COVID who are in there are
5 feeling better, but they still have the
6 contagion.
7 We've got to put them in a place,
8 but not in a place where people are compromised
9 and they don't have this virus. That was the
10 point of why they want that research and why we
11 want that research done.
12 And then it went beyond this. He
13 wrote a book in the middle of this thing. He was
14 going to be the COVID slayer. He was the COVID
15 purveyor. He created many of these deaths by his
16 actions. Five-point-one million dollars. JCOPE
17 goes, he's got to give the money back. Well,
18 he's going to fight that because he's reinventing
19 himself. He's not going to give the money back.
20 And then he lied about this being a
21 book -- an autobiography. This wasn't an
22 autobiography, this was a piece of fiction. It
23 was full of lies and distortions.
24 And to add insult to injury --
25 remember I said he had to pay the legal fees?
1586
1 Well, he's indemnified. He never paid the legal
2 fees. The taxpayers of New York State and the
3 family members who were out there today were -- a
4 part of their tax dollars were paying the legal
5 fees, because he was indemnified. That's another
6 bill I got, to change that for future governors.
7 Then he added more salt to the
8 wound. He said, I had all these volunteers, they
9 happen to be state workers in my offices around
10 there, but they volunteered. Well, they didn't
11 volunteer to do that. Absolutely did not
12 volunteer, many of them. They used taxpayers'
13 dollars to do his bidding.
14 What is this all about, this
15 amendment? It's a piece of legislation embodied
16 in this amendment, bipartisan, with
17 Assemblyman Kim on the other side of the
18 building -- and Democrats understand the reality
19 of this -- that says we'll do an outside,
20 independent, bipartisan, nonpartisan commission
21 with subpoena power, and let the chips fall where
22 they may. Let them investigate those people the
23 Times said left because they didn't like Cuomo
24 science, they wanted real science, and that's not
25 what they were getting.
1587
1 There are a lot of other people who
2 stood up to support these individuals. One of
3 those is Janice Dean, who has done an
4 unbelievable job of getting this information out
5 to the public and to the media. And I don't care
6 what the weather is in New York -- when Janice
7 Dean is in New York, she always brings rays of
8 sunshine, let me tell you that, especially for
9 those family members and for the loved ones they
10 lost. We thank her very much.
11 We thank my colleagues, who I think
12 feel the same way but maybe are not going to
13 support something like this. If you can't
14 support this, bring out your own bill to help
15 your constituents. Because many of them around
16 this state who lost their loved ones want us to
17 do that independent investigation to protect --
18 to make -- give some meaning to it. There's not
19 much that gives meaning to what -- good meaning
20 to what we lost here.
21 But this would give some meaning if
22 we can get to the real bottom of this and get a
23 greater understanding, so when this happens
24 again -- and it is, unfortunately, probably going
25 to happen again -- we do it the better way, the
1588
1 right way. We don't make excuses, we don't lie
2 about who's -- who we put in nursing homes. We
3 do the right thing and have a plan prepared.
4 Mr. President, I ask you and my
5 colleagues to support this amendment, if we can,
6 because it's on behalf -- as I mentioned at the
7 beginning of this presentation I made, it's on
8 behalf of the most important part of this
9 representative democracy, the people we took an
10 oath of office to protect, to serve to the best
11 of our ability and keep them safe in this state.
12 So I ask you to move this and
13 support it and remove what you've said is
14 inappropriate about it.
15 Thank you so much.
16 THE PRESIDENT: Thank you, Senator
17 Tedisco.
18 I want to remind the house that the
19 vote is on the procedures of the house and the
20 ruling of the chair.
21 Those in favor of overruling the
22 chair, signify by saying aye.
23 SENATOR LANZA: Request a show of
24 hands.
25 SENATOR GIANARIS: Mr. President,
1589
1 as usual, we've agreed to waive the showing of
2 hands and record each member of the Minority in
3 the affirmative.
4 THE PRESIDENT: Without objection,
5 so ordered.
6 Announce the results.
7 THE SECRETARY: Ayes, 20.
8 THE PRESIDENT: The ruling of the
9 chair stands.
10 Senator Lanza, why do you rise?
11 SENATOR LANZA: Mr. President, I
12 believe there is another amendment at the desk.
13 I waive the reading of that
14 amendment and ask that you recognize
15 Senator Serino to be heard.
16 THE PRESIDENT: Thank you,
17 Senator Lanza.
18 Upon review of the amendment, in
19 accordance with Rule 6, Section 4B, I rule it
20 nongermane and out of order at this time.
21 SENATOR LANZA: Accordingly,
22 Mr. President, I appeal the ruling of the chair
23 and ask that you recognize Senator Serino.
24 THE PRESIDENT: The appeal has been
25 made and recognized, and Senator Serino may be
1590
1 heard.
2 SENATOR SERINO: Thank you,
3 Mr. President. Nice to see you here today.
4 Thank you.
5 This amendment is germane to the
6 bill-in-chief because it deals with emergencies
7 and accountabilities. And the amendment
8 establishes a Day of Remembrance for the
9 disastrous directive put in place by our
10 disgraced former governor during the COVID-19
11 state of emergency.
12 And if you all recall, last year our
13 conference introduced a resolution that would
14 designate March 25th "We Care" Remembrance Day,
15 in an effort to honor the legacies of the
16 15,000-plus New Yorkers who lost their lives in
17 nursing homes during the pandemic.
18 Sadly, the supermajority refused to
19 adopt that resolution. So today we are advancing
20 an amendment that would permanently designate
21 March 25th as "We Care" Remembrance Day here in
22 the State of New York.
23 According to the sponsor's memo of
24 the bill-in-chief, on August 4, 2020, Tropical
25 Storm Isaias revealed significant vulnerabilities
1591
1 in the preparedness of LIPA that impacted its
2 ability to serve its customers. The sponsor's
3 memo implies that the poor response endangered
4 medically vulnerable customers. Right?
5 So when the sponsor says that the
6 bill is necessary because LIPA should be held
7 accountable for its failure to effectively
8 implement its emergency response plan and service
9 its customers, I totally agree with the sponsor
10 that after any state emergency we need to look
11 back, evaluate our response, and use what we have
12 learned to improve.
13 But why are we willing to do that
14 for a power outage but we are not willing to do
15 it for a pandemic that killed thousands of
16 New Yorkers?
17 If we want to talk about endangering
18 medically vulnerable New Yorkers, then we need to
19 talk about, investigate and ensure we never
20 re-implement the kind of state policy that sent a
21 virus directly into the homes of the most
22 vulnerable. We owe it to these families.
23 This Friday marks the two-year
24 anniversary of that deadly order. And two years
25 later, these families who lost loved ones are
1592
1 without answers.
2 And some of those families are here.
3 Janice Dean, Sean and Donna, thank you. We have
4 the Arbeeny family, and I think Vivian and Alexa
5 are here from the Voices of Seniors. And I'm
6 sorry that you had to come up here and relive
7 this, but thank you so much, from the bottom of
8 my heart, for being here.
9 You know, this is not a Republican
10 or a Democratic issue. These are family members.
11 I want to remind my colleagues that it is never
12 too late to do the right thing. And we can start
13 by advancing this amendment that simply seeks to
14 acknowledge the tremendous loss that these
15 families have felt, ensures the memories of their
16 loved ones live on, and shows our commitment to
17 never, ever letting this happen again.
18 We will never forget, and this
19 conference will not stop pushing for the answers
20 and accountability that these families and all
21 New Yorkers so deserve.
22 Thank you, Mr. President.
23 THE PRESIDENT: Thank you,
24 Senator Serino.
25 I want to remind the house that the
1593
1 vote is on the procedures of the house and the
2 ruling of the chair.
3 Those in favor of overruling the
4 chair signify by saying aye.
5 SENATOR LANZA: Request a show of
6 hands.
7 SENATOR GIANARIS: Once again,
8 Mr. President, we have agreed to waive the
9 showing of hands and record each member of the
10 Minority in the affirmative.
11 THE PRESIDENT: Without objection,
12 so ordered.
13 Announce the results.
14 THE SECRETARY: Ayes, 20.
15 THE PRESIDENT: The ruling of the
16 chair stands, and the bill-in-chief is before the
17 house.
18 Are there any other Senators wishing
19 to be heard?
20 Seeing and hearing none, debate is
21 closed. The Secretary will ring the bell.
22 Read the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
1594
1 (The Secretary called the roll.)
2 THE PRESIDENT: Senator Oberacker
3 to explain his vote.
4 SENATOR OBERACKER: Thank you,
5 Mr. President. On the bill.
6 You know, as someone who serves as a
7 volunteer first responder for the Schenevus Fire
8 Department and Emergency Squad, I fully agree
9 with the need for detailed emergency response
10 plans and comprehensive review of how those plans
11 work.
12 You know, after returning from an
13 emergency call it's always important to (A) fully
14 assess our performance, ensure that any errors
15 are corrected, and clearly disclose all findings.
16 Reports like this are vital. They lead to better
17 care moving forward. They provide answers to
18 those who have suffered an unspeakable tragedy.
19 Here we are in Albany working to
20 move forward from the COVID pandemic, one of the
21 largest emergencies we have ever known. Yet the
22 state has failed to do a proper emergency
23 assessment when it comes to the death of
24 thousands of loved ones in our nursing homes.
25 The March 25th nursing home
1595
1 directive, conceived by our then-governor and
2 health commissioner, needlessly endangered our
3 most vulnerable. Parents, grandparents,
4 husbands, and wives were taken from us.
5 Thousands of families lost loved ones in our
6 nursing homes, and they are awaiting answers.
7 Where is their review? Where is
8 their justice? It's been two years. Two
9 excruciating years. And we all know this did not
10 have to happen --
11 THE PRESIDENT: Senator Oberacker,
12 30 seconds, please.
13 SENATOR OBERACKER: Okay, thank
14 you.
15 The time is now for the Legislature
16 to step up, show some courage, and take action.
17 And I'm supportive of this bill; I
18 don't want to downplay its importance. But I
19 cannot understand why we can't hold the state and
20 our Health Department to the same standards.
21 Mr. President, thank you.
22 THE PRESIDENT: Are you voting in
23 the negative or the affirmative?
24 (Laughter.)
25 SENATOR OBERACKER: Oh, I'm voting
1596
1 in the affirmative, yes.
2 THE PRESIDENT: Senator Oberacker
3 to the recorded in the affirmative.
4 Senator Borrello to explain his
5 vote.
6 SENATOR BORRELLO: Thank you,
7 Mr. President. I also will be supporting this
8 bill.
9 But I want to bring up what we
10 discussed earlier today. Today on Advocacy Day,
11 for the "We Care" Remembrance Day, someone had a
12 sign held up that said: "This is 15,000 people,"
13 and it showed a huge square packed with people
14 shoulder to shoulder.
15 Those are the 15,000 families that
16 suffered a loss because of the March 25th
17 directive that Andrew Cuomo, now two years ago,
18 really assaulted the senior citizens with.
19 Fifteen thousand families, 15,000 loved ones --
20 but here's what we have zero of. We have zero
21 subpoenas, zero investigations, and zero
22 accountability.
23 We have to go from that to ensuring
24 that this never happens again. And that will
25 only happen if we apply the same type of
1597
1 diligence that this bill calls for. We need
2 answers, we need accountability, and at the end
3 of the day we need New Yorkers to have faith that
4 we stand with them in doing our number-one job,
5 which is to protect them.
6 So thank you, Mr. President. I vote
7 aye.
8 THE PRESIDENT: Senator Borrello to
9 be recorded in the affirmative.
10 Senator Boyle to explain his vote.
11 SENATOR BOYLE: Thank you,
12 Mr. President, to explain my vote.
13 I will be supporting this
14 legislation. I thank Senator Gaughran for
15 bringing it.
16 By the way, I wish we were voting on
17 this amendment as well. We need an
18 investigation. The numbers are in question. I
19 had constituents who died of COVID after they got
20 in the ambulance, leaving the nursing home, two
21 blocks away on the way to the hospital.
22 According to the former administration, they were
23 not nursing home deaths.
24 I want to thank Janice Dean, I want
25 to thank all my colleagues. And I also want to
1598
1 get to the answer. What about the threatening
2 phone call that the former governor made to
3 Ron Kim? We need an investigation of that.
4 I vote in favor of this bill.
5 THE PRESIDENT: Senator Boyle to be
6 recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 63.
9 THE PRESIDENT: The bill is passed.
10 No? Oh. Senator Stec to explain
11 his vote.
12 SENATOR STEC: Thank you,
13 Mr. President.
14 THE PRESIDENT: Waited a little bit
15 there.
16 SENATOR STEC: I appreciate that.
17 We needed to connect there.
18 I too will be in support of this
19 legislation. But like my colleagues, I really
20 think that we missed the boat on not forwarding
21 this amendment today. And if not forwarding this
22 amendment today, then certainly the bill that the
23 amendment is based on.
24 We need to pursue an investigation
25 into what exactly happened. We owe that to the
1599
1 15,000 people that perished, we owe it to the
2 19 million New Yorkers who were lied to.
3 We certainly owe it to one of our
4 colleagues. Can you imagine if it was you that
5 the governor called and threatened, how you would
6 feel? Wouldn't you want your colleagues to stand
7 up for you and investigate that? Ron Kim
8 deserves that. Everyone in this chamber would
9 deserve that.
10 There's been a lot of wrong that's
11 been swept under the rug and ignored, and we owe
12 it to the New Yorkers that died and we owe it to
13 the people that we represent back home to get to
14 the bottom of it and recognize what happened and
15 find out why so that it never, ever happens
16 again.
17 Thank you. I'll be in the
18 affirmative.
19 THE PRESIDENT: Senator Stec to be
20 recorded in the affirmative.
21 All right. Announce the results.
22 THE SECRETARY: Ayes, 63.
23 THE PRESIDENT: The bill is passed.
24 Senator Gianaris, that completes the
25 reading of the controversial calendar.
1600
1 SENATOR GIANARIS: Is there any
2 further business at the desk today?
3 THE PRESIDENT: There is no further
4 business at the desk.
5 SENATOR GIANARIS: Move to adjourn
6 until tomorrow, Thursday, March 24th, at
7 11:00 a.m.
8 THE PRESIDENT: On motion, the
9 Senate stands adjourned until Thursday, March 24,
10 at 11:00 a.m.
11 (Whereupon, the Senate adjourned at
12 3:50 p.m.)
13
14
15
16
17
18
19
20
21
22
23
24
25