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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 9, 2021
11 3:05 p.m.
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13
14 REGULAR SESSION
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17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BENJAMIN: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 February 8, 2021, the Senate met pursuant to
17 adjournment. The Journal of Friday, February 5,
18 2021, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Sepúlveda
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1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 1941 and substitute it for
3 the identical Senate Bill 861, Third Reading
4 Calendar 14.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 THE SECRETARY: Senator Sepúlveda
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 1249 and substitute it for
10 the identical Senate Bill 875, Third Reading
11 Calendar 28.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 THE SECRETARY: Senator Brisport
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 1255 and substitute it for
17 the identical Senate Bill 2075, Third Reading
18 Calendar 138.
19 ACTING PRESIDENT BENJAMIN: The
20 substitution is so ordered.
21 Messages from the Governor.
22 Reports of standing committees.
23 Reports of select committees.
24 Communications and reports from
25 state officers.
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1 Motions and resolutions.
2 Senator Gianaris.
3 SENATOR GIANARIS: Mr. President, I
4 move to adopt the Resolution Calendar, with the
5 exception of Resolution 357.
6 ACTING PRESIDENT BENJAMIN: All in
7 favor of adopting the Resolution Calendar, with
8 the exception of Resolution 357, please signify
9 by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT BENJAMIN:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT BENJAMIN: The
15 Resolution Calendar is adopted.
16 Senator Gianaris.
17 SENATOR GIANARIS: Mr. President,
18 at this time, while we're waiting for members to
19 get here to speak on some resolutions, we're
20 going to call a meeting of the Rules Committee
21 immediately in Room 332.
22 ACTING PRESIDENT BENJAMIN: There
23 will be an immediate meeting of the
24 Rules Committee in Room 332.
25 SENATOR GIANARIS: The Senate will
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1 stand at ease.
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will stand at ease.
4 (Whereupon, the Senate stood at ease
5 at 3:07 p.m.)
6 (Whereupon, the Senate reconvened at
7 3:19 p.m.)
8 ACTING PRESIDENT BENJAMIN: The
9 Senate will return to order.
10 Senator Gianaris.
11 SENATOR GIANARIS: Mr. President, I
12 believe there's a report of the Rules Committee
13 at the desk.
14 ACTING PRESIDENT BENJAMIN: There
15 is a report of the Rules Committee at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator
18 Stewart-Cousins, from the Committee on Rules,
19 reports the following bills:
20 Senate Print 13, by Senator Kaplan,
21 an act to amend the Penal Law;
22 Senate Print 14, by Senator Hoylman,
23 an act to amend the Penal Law;
24 Senate Print 4380, by Senator
25 Mannion, an act to amend the Election Law;
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1 Senate Print 4381, by Senator Ramos,
2 an act in relation to removing the option to file
3 an opportunity to ballot petition in the June
4 2021 primary election;
5 Senate Print 4382, by Senator
6 Savino, an act relating to the election of county
7 committee members; and
8 Senate Print 4430, by Senator Ryan,
9 an act to amend the Education Law.
10 All bills reported direct to third
11 reading.
12 SENATOR GIANARIS: Move to accept
13 the report of the Rules Committee.
14 ACTING PRESIDENT BENJAMIN: All in
15 favor of accepting the report of the
16 Rules Committee signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT BENJAMIN:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT BENJAMIN: The
22 report is accepted and before the house.
23 SENATOR GIANARIS: Mr. President,
24 if we can now go back to motions and resolutions,
25 can we take up previously adopted Resolution 339,
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1 by Senator Gounardes, read that resolution's
2 title, and recognize Senator Gounardes.
3 ACTING PRESIDENT BENJAMIN: The
4 Secretary will read.
5 THE SECRETARY: Senate Resolution
6 339, by Senator Gounardes, mourning the death of
7 Dr. Ahmed Jaber, distinguished citizen and
8 devoted member of his community.
9 ACTING PRESIDENT BENJAMIN:
10 Senator Gounardes on the resolution.
11 SENATOR GOUNARDES: Thank you,
12 Mr. President.
13 I am here today to speak on this
14 previously adopted resolution to honor the life
15 and legacy of someone who I consider a good
16 friend and a giant in the Arab-American community
17 that I'm proud to represent, Dr. Ahmed Jaber.
18 Dr. Jaber was a renowned doctor. He
19 was founder of the Arab American Association and
20 a leader, statewide and national leader, in the
21 fight for Arab-American civil rights.
22 We lost Dr. Jaber late last year, on
23 December 10th, at the age of 73, after a long
24 bout of illness. And what's most remarkable abut
25 him -- and I can go on for hours and days about
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1 all of his accomplishments -- was the warmth of
2 personality that Dr. Jaber exhibited to anyone
3 that he met.
4 And as someone who was raised to
5 always respect their elders, I would always make
6 it a point to -- every time I saw him, to go up
7 to him and make sure I saw that I said hi to him
8 right away. But he was such an incredible
9 individual that he would always beat me to it and
10 run up to me. Because he didn't care whether you
11 were the top of a pyramid or the lowest of the
12 low. To him, everyone was equal, and he treated
13 everyone with incredible dignity and caring and
14 respect.
15 And his loss is a tremendous loss
16 not just for my district, not just for my
17 community, but for the entire Arab-American
18 community here in New York State, and all of
19 New York State at large. He is someone that I'm
20 going to deeply miss, whose passing I mourn, but
21 who I am very proud to say that I knew and still
22 know. And his memory will always be eternal to
23 me, to my constituents, to my family, and to the
24 people that I'm proud to represent.
25 And I'm very thankful to my
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1 colleagues for allowing us to pass this
2 resolution today to honor his life.
3 Thank you.
4 ACTING PRESIDENT BENJAMIN: The
5 resolution was previously adopted on
6 February 2nd.
7 Senator Gianaris.
8 SENATOR GIANARIS: Can we now move
9 to Resolution 357, by Senator Savino, read that
10 resolution's title, and recognize Senator Savino.
11 ACTING PRESIDENT BENJAMIN: The
12 Secretary will read.
13 THE SECRETARY: Senate Resolution
14 357, by Senator Savino, mourning the death of
15 John J. Sweeney, renowned President Emeritus of
16 the National AFL-CIO, distinguished citizen and
17 devoted member of his community.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Savino on the resolution.
20 SENATOR SAVINO: Thank you,
21 Mr. President.
22 I rise in support of this resolution
23 and in recognition of a great New Yorker, a great
24 American, and an icon of the labor movement, John
25 Sweeney.
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1 John Sweeney was born in the Bronx,
2 a New Yorker through and through. He led an era
3 of transformative change in America's labor
4 movement, and he passed away on February 1st at
5 the age of 86.
6 He was one of four children born to
7 Irish immigrants in a working-class Bronx
8 neighborhood shortly after the Great Depression.
9 His parents, James and Agnes Sweeney, worked as a
10 bus driver and a domestic worker respectively.
11 John Sweeney always understood the
12 struggles and the pride of working people. He
13 was interested in politics from childhood. His
14 mother took him to see Franklin Delano
15 Roosevelt's funeral train. He often spoke about
16 his father's loyalty to his union, the Transport
17 Workers Union, and its colorful president
18 Mike Quill.
19 He ran for and was elected
20 Democratic district leader, and volunteered for
21 John Kennedy's presidential campaign, but it was
22 the labor movement where everything came together
23 for him. As a young man, John Sweeney held a lot
24 of jobs. He was a gravedigger and a building
25 porter while studying economics at Iona College
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1 in New Rochelle, where he joined a union for the
2 first time.
3 He was exposed to Catholic social
4 teaching from an early age and driven by his
5 Catholic faith and commitment to solidarity. He
6 took a position as a researcher with the
7 International Ladies Garment Workers Union, a
8 predecessor to UNITE HERE.
9 It was during this time that John
10 Sweeney was connected with the Building Service
11 Employees International Union, known today as
12 SEIU, Service Employees International Union. He
13 worked his way up through the ranks of Local 32B,
14 winning election as president in 1976. He merged
15 Local 32B, the union for male janitors, with
16 local 32J, the union for female janitors, and in
17 1977 formed the powerful local 32BJ, which we
18 know well here in New York. It now represents
19 hundreds of thousands of building service workers
20 throughout the East Coast.
21 Sweeney transformed the SEIU,
22 dedicating one-third of the union's budget to
23 new-worker organizing and doubling its membership
24 over the next decade. He focused on winning
25 collective bargaining for low-wage workers and
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1 was a champion for immigrants' rights, forcing
2 that conversation in the labor movement at a time
3 when far too many leaders in the labor movement
4 did not want to talk about undocumented
5 Americans. He made that a part of the
6 discussion, focusing on bringing them in.
7 In 1995, John Sweeny led an
8 insurgent campaign to capture the presidency of
9 America's labor federation, the AFL-CIO. Running
10 on a "New Voice" ticket with United Mine Workers
11 of America President Richie Trumka, who leads the
12 AFL today, and AFSCME International Vice
13 President Linda Chavez-Thompson in the newly
14 created position of executive vice president, he
15 paved the way for the first person of color in
16 the federation's highest ranks. He was swept
17 into office on a promise of bold change and a
18 recommitment to worker organizing.
19 As president, Sweeney founded the
20 union's summer campaign to recruit young people.
21 I was one of those young people. In 1995 I
22 attended that convention, where we elected
23 John Sweeney and his slate.
24 He helped transform the labor
25 movement, bringing in young people. Forcing
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1 change in the labor movement, he was deliberate
2 about recruiting and supporting strong women and
3 senior staff members, modeling diversity in the
4 labor movement and changing leadership at every
5 rank. He invested in education, encouraging
6 people like myself to enroll in labor education
7 at the Cornell ILR School, and his commitment to
8 young people and labor is renowned across the
9 movement.
10 He has inspired hard work and
11 loyalty from everybody that he's ever touched,
12 from his staff, from people that followed him.
13 The one thing about John Sweeny is he was always
14 more comfortable with his members than he was
15 with people at the highest levels of the labor
16 movement, or in fact with the office of the
17 presidency. You would find John Sweeney more
18 comfortable in a union t-shirt than a three-piece
19 suit.
20 He was a simple man who was born and
21 raised in the Bronx. His policies and his
22 decisions and the directions he took the labor
23 movement in has improved the lives of millions of
24 Americans. He was a tough Irishman. I was proud
25 to have known him, and I am proud to stand here
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1 on the floor of the Senate and recognize him and
2 his work and his family.
3 And I thank you, Mr. President, for
4 allowing me this moment.
5 ACTING PRESIDENT BENJAMIN: The
6 question is on the resolution. All in favor
7 signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT BENJAMIN:
10 Opposed?
11 (No response.)
12 ACTING PRESIDENT BENJAMIN: The
13 resolution is adopted.
14 Senator Gianaris.
15 SENATOR GIANARIS: Okay,
16 Mr. President, can we now take up previously
17 adopted Resolution 319, by Senator Brouk, read
18 that resolution's title, and recognize
19 Senator Brouk on the resolution.
20 ACTING PRESIDENT BENJAMIN: The
21 Secretary will read.
22 THE SECRETARY: Senate Resolution
23 319, by Senator Brouk, mourning the death of
24 Chief Warrant Officers Steven Skoda, Christian
25 Koch and Daniel Prial, distinguished citizens and
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1 devoted members of their communities.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Brouk on the resolution.
4 SENATOR BROUK: Thank you. I rise
5 today to speak on this resolution in honor of
6 these great men.
7 Throughout the Greater Rochester
8 region and across the state, our hearts have been
9 heavy. On January 20th, a New York Army National
10 Guard medical evacuation helicopter crashed in a
11 field while on training mission. Killed in this
12 accident were all three soldiers on board: Chief
13 Warrant Officers Steven Skoda and Daniel Prial,
14 both of Rochester, and Christian Koch, of
15 Honeoye Falls.
16 Officers Skoda, Prial and Koch were
17 members of an air ambulance company based out of
18 Rochester. They trained to perform medical
19 evacuations, and that night the crew was
20 conducting night vision goggle proficiency
21 training, a training that would further prepare
22 them to save lives.
23 But their heroism did not start that
24 night. I'm honored to tell you all about these
25 brave men from our community.
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1 U.S. Chief Warrant Officer 5 Steven
2 Skoda was a 35-year veteran of the U.S. Army and
3 a 20-year veteran of the New York Army National
4 Guard. He deployed to Afghanistan twice in the
5 past decade and was an experienced helicopter
6 pilot and instructor.
7 A senior instructor pilot, an
8 instrument flight instructor, and a maintenance
9 test pilot, Officer Skoda had almost 5,000 flying
10 hours. He worked as a full-time National Guard
11 technician at the Army Aviation Support Facility
12 at the Rochester International Airport, as well
13 as serving as a member of the C Company of the
14 171st General Support Aviation Battalion.
15 Officer Skoda was known for his love
16 of classic cars and his ability to be a friend
17 and mentor to all the soldiers in his unit,
18 supporting the training and career progressions
19 of hundreds of air crews throughout his career.
20 U.S. Chief Warrant Officer 2 Daniel
21 Prial was motivated by the attacks on 9/11 to
22 protect our nation through military service. His
23 hard work led him to the U.S. Military Academy at
24 West Point and a career as a Black Hawk
25 helicopter pilot.
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1 Chief Officer Prial served in the
2 Army since 2012, after earning a commission at
3 the United States Military Academy at West Point.
4 He served as a medical evacuation platoon leader
5 with the 82nd Airborne Division's 82nd Combat
6 Aviation Brigade. He deployed to Afghanistan in
7 2014 and 2015 with the 82nd Airborne Division and
8 served as an instructor pilot for students at
9 Fort Rucker, Alabama, where the Army trains
10 helicopter pilots.
11 Officer Prial was extremely humble
12 and family-oriented. According to soldiers in
13 his unit, he had an ability to fit in quickly and
14 to make an immediate impact.
15 Finally, U.S. Chief Warrant Officer
16 4 Christian Koch followed in the footsteps of his
17 grandfather and his older brother, joining the
18 U.S. Army shortly after 9/11. He was a veteran
19 of the war in Afghanistan, where he served in
20 2012 and 2013, and the war in Iraq in 2008 and
21 2009.
22 Officer Koch was a 20-year veteran
23 of the New York Army National Guard. He became a
24 helicopter pilot in 2006, flying from the Army
25 Aviation Support Facility at Rochester
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1 International Airport. His hard work and drive
2 led him to become the senior instructor pilot for
3 the unit. Officer Koch's fellow unit members
4 remarked upon his strong work ethic and
5 infectious personality, and he is described as a
6 great soldier, leader, and father.
7 The loss of these brave men, men who
8 were described by their peers as kind,
9 trustworthy, incredibly loving and dedicated, is
10 immeasurable. My heart aches for their families
11 and our communities. The best way I can think to
12 honor them is to ensure their families get the
13 care and support they need during this difficult
14 time, and to support the brave soldiers of the
15 National Guard who serve our communities, our
16 state, and our nation.
17 May we never forget the sacrifices
18 made by these officers. Thank you.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Martucci on the resolution.
21 SENATOR MARTUCCI: Mr. President, I
22 rise today to honor the life of three brave
23 soldiers that died on January 20th in a tragic
24 helicopter crash. All three of these soldiers
25 were a credit to our state and heroes to our
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1 nation.
2 The crash took place in the Town of
3 Mendon in Monroe County. And while it's true
4 that all three men were from the Rochester area,
5 as they were based at the airport there, one,
6 Warrant Officer Daniel Prial, grew up in my
7 district in Warwick. In fact, his mom, Anne
8 Prial, told me that even though Danny traveled
9 around a lot and moved often because of his work,
10 that his heart was always home in Warwick.
11 Danny was born on Long Island, but
12 his family quickly moved to Orange County, where
13 he attended St. Stephen's School and Warwick High
14 School. There he was a member of both the track
15 and cross-country teams, and he helped to secure
16 the state title in cross-country in 2007 for his
17 high school team. His mom recalled that he
18 always treasured his legacy as a "Purple Ghost."
19 From there, he was nominated to the
20 prestigious military academy at West Point, and
21 upon graduation joined the famed 82nd Airborne
22 Division as a helicopter pilot, where he proudly
23 served our country in Afghanistan. Just last
24 year, he joined the New York National Guard.
25 Danny Prial believed in teamwork.
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1 He loved his family, he valued his community, and
2 he revered our country. He also loved the
3 New York Mets, where sadly, just like me, he
4 usually found more disappointment than joy -- and
5 many of us can certainly identify with that.
6 He was also proud of West Point and
7 loved the Army-Navy games, especially when Army
8 won.
9 And like so many, it was the tragic
10 events of September 11, 2001, that inspired Danny
11 toward a career in the United States military.
12 His dad Greg was a lieutenant in the New York
13 City Fire Department and, like so many, his
14 father served on the front lines in the recovery
15 following those terrible attacks. Danny's path
16 was set on September 11th. He wanted to serve
17 our country and stand up to the enemies that
18 threatened our safety.
19 Daniel's life touched so many. In
20 fact, the director of constituent relations in my
21 Middletown office knows Danny's family very well.
22 Her daughter attended an annual ball at
23 West Point with Danny some years back.
24 And I have had the pleasure of
25 personally working with Danny's mother, Anne
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1 Prial, who is an associate vice president at SUNY
2 Orange. This loss hits very close to home for me
3 and so many others.
4 I was honored to have been invited
5 to Danny's funeral, and I've never been more
6 moved than when I watched his casket leave the
7 church, and the streets that were lined with
8 veterans, active men and women of our law
9 enforcement, and firemen, saluting as he made his
10 final journey to the cemetery at West Point.
11 Danny deserves this honor here
12 today. In fact, he deserves even more. My heart
13 goes out to his parents, Anne and Greg. My heart
14 goes out to his siblings, Becky, Terence, Brigid
15 and Jennie; his brother-in-law, Joe; and his
16 beloved nephew and niece, Sam and Ada, as well as
17 his grandparents, Thomas and Florence Leavy and
18 Philip and Helen Prial.
19 I spoke with Danny's mother Anne
20 just this morning, in preparation for coming
21 here, and she asked that I share just two brief
22 things that really illustrate what Danny was all
23 about. She called these his quiet acts of
24 kindness. First, when Danny was stationed in
25 Fort Rucker in Alabama, he spent his free time
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1 volunteering at an orphanage. Danny went there
2 because his heart broke for young people that
3 didn't have the benefits of family supports. In
4 the same way, Danny supported his neighbors.
5 During COVID, he began cooking dinner on Sundays
6 and sharing the food with his neighbors so they
7 had home-cooked meals.
8 These sorts of things we don't often
9 see. We certainly don't often see them from
10 young people. And these acts of kindness define
11 Danny and will forever define his legacy.
12 There are no words to bring comfort
13 to the Prial family, but I hope that the
14 outpouring of praise for Danny will at least
15 provide some solace that his life was well-lived,
16 was significant, and will be one that will
17 continue to serve and inspire others for years to
18 come.
19 I want to thank Senator Brouk for
20 joining me in bringing this resolution forward,
21 and all of my colleagues for supporting it.
22 Thank you, Mr. President.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Ortt on the resolution.
25 SENATOR ORTT: Thank you,
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1 Mr. President.
2 I would like to thank Senator Brouk
3 for bringing forward this resolution. I'd like
4 to thank my colleague, Senator Martucci, for his
5 comments.
6 I will be brief, as I don't want to
7 be overly redundant, but I think it bears
8 repeating, given the stories of these three men.
9 Three heroes, three brave New Yorkers. And it
10 really is a New York story, and it's a New York
11 tragedy. 9/11. West Point. Rochester,
12 New York. The New York Army National Guard.
13 There's so many things in here, in each of these
14 men's lives, that led them to this point, that
15 should resonate with everybody in this chamber
16 and every New Yorker.
17 I think about when we have
18 West Point Day, which obviously this year may
19 look much different, or may not look at all. But
20 we have the cadets sitting here in this chamber.
21 Mr. President, you know and our colleagues know,
22 those are young people from different -- all over
23 the country. There's usually a handful that are
24 from New York in the class; we usually identify
25 them and have them stand up and be recognized.
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1 And it's a good day. It's a proud day.
2 But I think today is a reminder that
3 those young people, when they leave, when they
4 leave West Point and go into service and they
5 wear that uniform -- not the West Point uniform,
6 but the United States Army uniform -- whether
7 here at home or whether it's abroad {snapping
8 fingers}, like that, they can be gone.
9 And I don't want to lose sight that
10 these were -- sometimes they can get lost in the
11 uniform. You know, you can get lost in chief
12 warrant officer, lieutenant, sergeant, served in
13 Afghanistan, combat infantry, Bronze Star. But
14 they were also somebody's son, they were
15 somebody's father, they were somebody's husband,
16 they were somebody's friend. And for them, every
17 time on Memorial Day, going forward, they'll have
18 a name and a face and a personal story to go on
19 that day.
20 I just think it is so important that
21 we recognize these three New Yorkers, three
22 heroes, three brave Americans, all of whom -- all
23 of whom -- survived combat overseas only to
24 perish in their home state. Now, maybe that's
25 ironic, maybe that's tragic, but it's a reminder
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1 to all of us that wearing the uniform, protecting
2 our communities, always carries a risk.
3 And that's why we honor our
4 veterans. That's why we have Memorial Day
5 parades, that's why we have Veteran's Day
6 ceremonies, that's why we have West Point Day and
7 Fort Drum Day here in this chamber, because I
8 think on some level -- I know on a lot of
9 levels -- we all understand that risk. And
10 unfortunately, this is just a very real human
11 reminder of that risk and of the price of
12 freedom.
13 And so my prayers are with their
14 families. And I hope, as Senator Martucci said
15 and as Senator Brouk said, I hope that at some
16 point they will, through the tears and the pain
17 and the feeling of being maybe cheated on what
18 they hoped was a longer life, I hope they will be
19 able to find some solemn pride that is
20 exclusively theirs and other families' who have
21 lost loved ones in combat or in the line of duty,
22 that they laid the ultimate sacrifice on the
23 altar of freedom.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BENJAMIN: The
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1 resolution was previously adopted on
2 February 2nd.
3 Senator Gianaris.
4 SENATOR GIANARIS: Mr. President,
5 at the request of the various sponsors, the
6 resolutions we took up today are open for
7 cosponsorship.
8 ACTING PRESIDENT BENJAMIN: The
9 resolutions are open for cosponsorship. Should
10 you choose not to be a cosponsor of the
11 resolutions, please notify the desk.
12 Senator Gianaris.
13 SENATOR GIANARIS: Can we now take
14 up the reading of the calendar, please.
15 ACTING PRESIDENT BENJAMIN: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number 14,
18 Assembly Print Number 1941, substituted earlier
19 by Assemblymember Walker, an act to amend the
20 Mental Hygiene Law and the Public Health Law.
21 SENATOR LANZA: Lay it aside.
22 ACTING PRESIDENT BENJAMIN: Lay it
23 aside.
24 THE SECRETARY: Calendar Number 28,
25 Assembly Print Number 1249, substituted earlier
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1 by Assemblymember Weprin, an act to amend the
2 Correction Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar Number 28, those Senators voting in the
14 negative are Senators Akshar, Borrello, Boyle,
15 Gallivan, Griffo, Helming, Jordan, Lanza,
16 Martucci, Mattera, Oberacker, O'Mara, Ortt,
17 Palumbo, Rath, Ritchie, Serino, Skoufis, Stec,
18 Tedisco and Weik.
19 Ayes, 42. Nays, 21.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number 85,
23 Senate Print 1057, by Senator Mayer, an act to
24 amend the Election Law.
25 ACTING PRESIDENT BENJAMIN: Read
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1 the last section.
2 THE SECRETARY: Section 7. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number 89,
13 Senate Print 361, by Senator Persaud, an act to
14 amend the Mental Hygiene Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 120th day after it
19 shall have become a law.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Announce the results.
25 THE SECRETARY: Ayes, 63.
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1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 138, Assembly Print Number 1255, substituted
5 earlier by Assemblymember Hevesi, an act to amend
6 the Family Court Act and a chapter of the Laws of
7 2020.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 141, Senate Print 2557, by Senator Harckham, an
22 act to amend the Public Service Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 7. This
629
1 act shall take effect on the same date and in the
2 same manner as a chapter of the Laws of 2020.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 141, those Senators voting in the
10 negative are Senators O'Mara, Palumbo, Rath and
11 Stec.
12 Ayes, 59. Nays, 4.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 142, Senate Print 2558, by Senator Kennedy, an
17 act to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 6. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN: Senator
630
1 Kennedy to explain his vote.
2 SENATOR KENNEDY: Thank you,
3 Mr. President.
4 In July we passed the Driver's
5 License Suspension Reform Act. This bill ends
6 the unjust and counterproductive practice of
7 suspending driver's licenses for traffic debt and
8 allows people with traffic debt to pay it off
9 over time.
10 After months of negotiations with
11 the Governor, we came to an agreement to end
12 driver's license suspensions for unpaid traffic
13 fines and to authorize payment of traffic fines
14 and fees by an installment plan. We also agreed
15 that people who did not answer their traffic
16 tickets, often because they could not afford it,
17 would have their license reinstated and be able
18 to enter into that payment plan.
19 Together, these changes mean that
20 New York will no longer punish drivers just
21 because they can't afford to pay. Courts and
22 agencies will stop suspending driver's licenses
23 for unpaid traffic fines 30 days after the
24 Governor signs this chapter amendment. Payment
25 plans will be made available June 29th of this
631
1 year.
2 On that same day, driver's licenses
3 that are currently suspended for unpaid traffic
4 fines will be reinstated. This will allow
5 families who have been up-ended by these archaic
6 laws to reestablish their financial security and
7 regain footing economically, professionally and
8 personally.
9 This means so many New Yorkers will
10 finally be able to make it to a job, or schedule
11 a medical appointment, or pick up the groceries,
12 because they now have a means to get there and to
13 get there responsibly.
14 I'm speaking on the floor today
15 because I want to be clear about the amendments
16 and what they mean for drivers across New York
17 State. First, under Section 1 of the bill, a
18 suspension for failure to respond to a summons is
19 terminated by answering a summons at any time
20 before the Traffic Violation Bureau. This is
21 true whether they answer before or after a
22 default judgment has been issued, and whether
23 they choose to answer by entering into a payment
24 plan.
25 No payment of any kind is required
632
1 to answer or clear suspension for failure to
2 respond to a summons. Simply entering into a
3 payment plan will be enough.
4 Second, under Section 4, if
5 someone's license has been suspended for failure
6 to appear, it will be reinstated when they do
7 appear at any time and in any manner before the
8 traffic court or agency. This is true whether
9 they appear in person or by phone, as permitted
10 by the specific court or agency, whether they
11 appear before or after the default judgment has
12 been issued, or whether they choose to appear by
13 entering into a payment plan.
14 No payment of any kind is required
15 to appear or clear a failure-to-appear
16 suspension. Again, simply appearing and entering
17 into a payment plan is enough.
18 I believe these clarifications are
19 needed to ensure that the DMV and the court
20 system implement this law the way that we here in
21 the Legislature intended it.
22 I want to thank all of the advocates
23 and organizations who worked so hard on getting
24 this bill to the finish line; the Assembly
25 sponsor, Pam Hunter; our Majority Leader, Andrea
633
1 Stewart-Cousins, for her leadership in bringing
2 this legislation to the floor and making social
3 justice and criminal justice reform a priority
4 for this body.
5 New Yorkers shouldn't have to live
6 in fear of losing a job, missing a rent payment,
7 or forfeiting an education simply because they
8 couldn't afford a traffic ticket. Today we begin
9 the important work of implementing this law, and
10 together we stop criminalizing poverty in
11 New York State.
12 With that, Mr. President, I vote
13 aye.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Kennedy to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 142, those Senators voting in the
19 negative are Senators Akshar, Borrello, Gallivan,
20 Griffo, Helming, Jordan, Lanza, Martucci,
21 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
22 Ritchie, Serino, Stec, Tedisco and Weik.
23 Ayes, 44. Nays, 19.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
634
1 THE SECRETARY: Calendar Number
2 147, Senate Print 677A, by Senator Harckham, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 90th day after it
8 shall have become a law.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN: Senator
13 Harckham to explain his vote.
14 SENATOR HARCKHAM: Thank you,
15 Mr. President.
16 This is a law that was out of the
17 2017 Lyme Task Force that the Senate had, and
18 other tick-borne diseases. I want to thank my
19 colleague and neighboring Senator, Senator
20 Serino, for all of her work on this issue, on the
21 task force, and for originally carrying this
22 bill.
23 Tick-borne diseases -- Lyme,
24 Ehrlichia, Babesia, Bartonella -- ravage our
25 suburban and our rural communities, and our urban
635
1 communities are no longer immune. And these are
2 diseases that oftentimes hide and mimic other
3 diseases. Is it Lyme, or is it Parkinson's? Is
4 it Lyme or is it dementia? Is it a tick-borne
5 disease or is it meningitis? And at one of the
6 hearings during their task force process, the
7 health commissioner testified that they just
8 simply didn't have enough data.
9 So this law will require attending
10 physicians at a fatality who are qualified to do
11 an examination, that if it is the result of a
12 tick-borne illness, to put that on the death
13 certificate so the Health Department can begin to
14 quantify the scope of the toll tick-borne
15 diseases are taking, so we can direct research
16 money on this issue.
17 So for those reasons, I will be
18 voting aye. And again, I want to thank all of
19 the colleagues who served on that task force back
20 in 2017.
21 Thank you, Mr. President.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Harckham to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: In relation to
636
1 Calendar Number 147, voting in the negative:
2 Senator Serino.
3 Ayes, 62. Nays, 1.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 177, Senate Print 1289, by Senator Brooks, an act
8 to amend the Agriculture and Markets Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 180th day after it
13 shall have become a law.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 206, Senate Print 739, by Senator Biaggi, an act
24 to amend the Domestic Relations Law and the
25 Executive Law.
637
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 6. This
4 act shall take effect on the 90th day after it
5 shall have become a law.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 206, those Senators voting in the
13 negative are Senators Akshar, Borrello, Griffo,
14 Helming, Jordan, O'Mara, Ortt, Rath, Skoufis and
15 Tedisco.
16 Ayes, 53. Nays, 10.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 218, Senate Print 2291, by Senator Sanders, an
21 act requiring the State University of New York
22 and the City University of New York to examine
23 and conduct a study on the availability of campus
24 services.
25 ACTING PRESIDENT BENJAMIN: Read
638
1 the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 219, Senate Print 2680A, by Senator Addabbo, an
14 act to amend the Education Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of July.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT BENJAMIN: The
639
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 235, Senate Print 4000, by Senator Rivera, an act
4 to amend the Education Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 6. This
8 act shall take effect on the same date and in the
9 same manner as a chapter of the Laws of 2020.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: Ayes, 63.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 236, Senate Print 4001, by Senator Biaggi, an act
20 to amend the Labor Law in relation to removing
21 certain provisions relating to covered airport
22 workers.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 18. This
640
1 act shall take effect on the same date and in the
2 same manner as a chapter of the Laws of 2020.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 236, those Senators voting in the
10 negative are Senators Akshar, Borrello, Gallivan,
11 Griffo, Helming, Jordan, Lanza, Oberacker,
12 O'Mara, Ortt, Palumbo, Rath, Ritchie, Serino,
13 Skoufis, Stec, Tedisco and Weik.
14 Ayes, 45. Nays, 18.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 244, Senate Print 2114, by Senator Bailey, an act
19 authorizing and directing the Commissioner of
20 Education to conduct a study on the number of
21 children who are caregivers.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
641
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Senator Bailey to explain his vote.
6 SENATOR BAILEY: Thank you,
7 Mr. President.
8 And thank you, Madam Leader, for
9 allowing this bill to come to the floor.
10 When we think about caregivers, we
11 tend not necessarily to think about children. We
12 tend to think of individuals who are providing
13 care to our seniors, providing care to
14 individuals who may have disabilities. But we
15 don't think about children that are providing
16 these very services to members of their own
17 family.
18 And a lot of the times these
19 children are providing caregiving services to
20 people in their family. And as they're doing
21 this, what's happening is that they are not able
22 to focus on their job, so to speak, which is
23 being a student.
24 So an organization in my district,
25 Caregivers Outreach Ministries, they've done
642
1 studies. And the majority of the children in
2 that study were providing some sort of care to a
3 family member, whether that be having to run
4 errands for their parents or having to get
5 medicine for their grandpa. And especially now,
6 in the era of COVID-19, when so many things are
7 changing the way that we do things in our
8 society, people are leaning on children more.
9 And so this is really important and
10 critical, and I'm grateful for this opportunity
11 that we have this bill, so that we can start
12 thinking about who's giving care to individuals
13 and what caregivers are -- the care that they're
14 providing.
15 And so I thank my colleagues for
16 voting for this piece of legislation, and I'll be
17 voting in the affirmative, Mr. President.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Bailey to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 258, Senate Print 2764, by Senator Stavisky, an
643
1 act to amend the Education Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 259, Senate Print 2765, by Senator Stavisky, an
16 act to amend the Education Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
644
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 260, Senate Print 2767, by Senator Kennedy, an
6 act to establish a private student loan refinance
7 task force.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN: Senator
16 Kennedy to explain his vote.
17 SENATOR KENNEDY: Thank you,
18 Mr. President.
19 I rise to support this bill that
20 will create a private student loan task force.
21 Most attention these days is focused
22 on federally backed student loans, which make up
23 a majority of the student loan debt by Americans.
24 And the federal government has targeted relief to
25 those with federal student loan debt, offering
645
1 items like income-based repayment, deferment and,
2 under the federal CARES Act, the ability to not
3 make payments during the pandemic.
4 Unfortunately, these requirements
5 don't apply to private student loans. Private
6 borrowers often have limited payment and
7 forgiveness options and experience higher
8 interest rates. When a crisis like the pandemic
9 hits, these private loans and their inflexible
10 terms can become a crushing financial burden.
11 This is a major problem. Nearly
12 8 percent of the nation's student loan debt is in
13 private student loans, amounting to over
14 $135 billion in debt. And with current private
15 student loan interest rates going as high as
16 nearly 15 percent, that debt can follow a
17 borrower around for a lifetime.
18 For New Yorkers with all types of
19 loans, the average student loan debt is over
20 $35,000, an amount that is all too often
21 unaffordable, and one that can lead to delayed
22 milestones like purchasing a new home.
23 That's why this bill today will
24 reexamine all of the problems facing borrowers
25 with private student loans and come up with
646
1 solutions on how New York can tackle such a large
2 and pervasive problem. The task force will issue
3 recommendations on items like how to reduce
4 monthly payments, how to establish student loan
5 refinancing programs, and how to offer
6 income-based repayment plans.
7 In setting an aggressive date by
8 which a report must be issued by the end of this
9 year, we can examine and implement solutions
10 quickly.
11 I want to thank the Majority Leader,
12 Andrea Stewart-Cousins, for prioritizing this
13 bill and all these bills that we pass here today
14 dealing with higher education.
15 With that, Mr. President, I vote
16 aye.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Kennedy to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 261, Senate Print 2778, by Senator Stavisky, an
25 act to amend the Education Law.
647
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN: Senator
9 Jackson to explain his vote.
10 SENATOR JACKSON: Thank you,
11 Mr. President.
12 My colleagues, I rise this afternoon
13 to speak on proposed Bill S2778. This
14 legislation would make it unlawful for any
15 employee or officer of the City or State
16 University to request the specific details of a
17 student's immigration status, except when
18 required by federal law pursuant to a court order
19 or as required in connection with tuition or
20 financial aid eligibility.
21 And so I rise in support of this
22 legislation. We live in a nation composed mostly
23 of immigrants, and our state, which is the Empire
24 State, prides itself as a progressive leader in
25 protecting human rights of all. And as we start
648
1 to undo all of the harm caused by the previous
2 administration, we cannot overlook our immigrant
3 students, who come to this nation to contribute
4 to our state, and the path to that for them is
5 higher education.
6 For four years, these students lived
7 under great fear, and it's now our duty as
8 legislators to provide them with peace of mind.
9 No student in our public universities, wherever
10 they come from or regardless of their immigration
11 status, should have to live under the fear that
12 they might end up on a deportation list developed
13 in part by the university where they studied.
14 Today, with this legislation, we can
15 take one significant step towards ensuring that
16 our public institutions of higher education are
17 spaces where all people, regardless of their
18 immigration status, can learn inside.
19 Mr. President, I say this to you,
20 that I've heard people talk about -- that we are
21 all immigrants. And I used to say to myself,
22 thinking in my mind, Oh, no, we are not. Because
23 some of my relatives came across on slave ships,
24 and they didn't immigrate here, they came here
25 under chattel slavery. So that's a big
649
1 difference.
2 But, Mr. President, I vote aye on
3 this legislation, and I appreciate the
4 opportunity to speak.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Jackson to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar 261, those Senators voting in the
10 negative are Senators Akshar, Borrello, Boyle,
11 Gallivan, Griffo, Helming, Jordan, Lanza,
12 Martucci, Mattera, Oberacker, O'Mara, Ortt,
13 Palumbo, Rath, Ritchie, Serino, Stec and Tedisco.
14 Ayes, 44. Nays, 19.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 267, Senate Print 2737, by Senator Salazar, an
19 act to amend the Family Court Act.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
650
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar 267, those Senators voting in the
6 negative are Senators Akshar, Borrello, Griffo,
7 Lanza, Martucci, Oberacker, O'Mara, Palumbo, Rath
8 and Weik.
9 Ayes, 53. Nays, 10.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 Senator Gianaris, that completes the
13 reading of today's calendar.
14 SENATOR GIANARIS: Can we now move
15 to the controversial calendar, please.
16 ACTING PRESIDENT BENJAMIN: The
17 Secretary will ring the bell.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number 14,
20 Assembly Number 1941, by Assemblymember Walker,
21 an act to amend the Mental Hygiene Law and the
22 Public Health Law.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Lanza, why do you rise?
25 SENATOR LANZA: Mr. President, I
651
1 believe there's an amendment at the desk. I
2 waive the reading of that amendment and ask that
3 you recognize Senator Serino to be heard.
4 ACTING PRESIDENT BENJAMIN: Thank
5 you, Senator Lanza.
6 Upon review of the amendment, in
7 accordance with Rule 6, Section 4B, I rule it
8 nongermane and out of order at this time.
9 SENATOR LANZA: Accordingly,
10 Mr. President, I appeal the ruling of the chair
11 and ask that Senator Serino be recognized.
12 ACTING PRESIDENT BENJAMIN: The
13 appeal has been made and recognized, and
14 Senator Serino may be heard.
15 SENATOR SERINO: Thank you,
16 Mr. President.
17 Mr. President, I rise to appeal the
18 ruling of the chair. The proposed amendment is
19 germane to the bill because the bill at hand
20 deals with obtaining records about deceased
21 inmates, and the Governor has been withholding
22 records on COVID-19-related deaths at nursing
23 home facilities throughout this state of
24 emergency.
25 The bill before this body,
652
1 Mr. President, is a chapter amendment to a piece
2 of legislation that last year gave an oversight
3 board authority to review the medical records of
4 those incarcerated under the New York City
5 Department of Corrections, to ensure that they
6 conduct timely investigations into any deaths
7 that occur on their watch.
8 The bill's justification reads, in
9 part, and I quote: "Reviewing health records as
10 part of a death investigation is critical to
11 determining whether the Department of Correction
12 and the Correctional Health Authority have
13 complied with the board's minimum standards; what
14 policies and practices, if any, contributed to
15 the death of a person in custody; and whether any
16 policy or practice changes could prevent other
17 deaths."
18 That bill passed this house and the
19 Assembly unanimously. It has an incredibly
20 important goal, to provide oversight of a
21 government authority to ensure that those within
22 its care are afforded certain protections --
23 protections that, to date, this body and our
24 Governor have failed to extend to our most
25 vulnerable citizens, residents of New York's
653
1 nursing homes and adult care facilities.
2 We've brought this amendment to the
3 floor every single day since session began, but
4 never has it been more important than it is now.
5 Last week a nonpartisan report by the New York
6 State Attorney General revealed what many of us
7 have suspected for months: The state drastically
8 underreported the number of COVID-19 deaths in
9 New York's nursing homes.
10 This revelation has severely eroded
11 the public's trust in their state government, at
12 a time when trust in our system has never been
13 more critical. As lawmakers, we have a duty to
14 do all that we can to help restore that trust,
15 and that starts by taking power from those who
16 put so many New Yorkers directly in harm's way.
17 It's time for the people's
18 representatives to do the job they were elected
19 to do, and that starts by putting an end to the
20 dictatorship that jeopardized the health and
21 safety of thousands of vulnerable New Yorkers.
22 The bill we're passing here today is
23 about accountability. It's about assessing where
24 actions may have gone wrong, and taking real
25 steps to improve. If we can do it for those in
654
1 our criminal justice system, we have to be able
2 to do it for the residents of New York's nursing
3 homes, who are vulnerable victims of bad state
4 policy.
5 We all know that the Governor
6 doesn't care about how these New Yorkers died.
7 But if you really care about getting to the
8 bottom of this cover-up, if you really care about
9 New Yorkers and the answers they deserve, now is
10 the time to set politics aside and vote to do the
11 right thing by bringing balance back to state
12 government and joining our fight for
13 accountability, transparency, and a better state
14 policy.
15 Thank you, Mr. President.
16 ACTING PRESIDENT BENJAMIN: Thank
17 you, Senator Serino.
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,
655
1 we've agreed to waive the showing of hands and
2 record each member of the Minority in the
3 affirmative.
4 ACTING PRESIDENT BENJAMIN: Without
5 objection, so ordered.
6 Announce the results.
7 THE SECRETARY: Ayes, 20.
8 ACTING PRESIDENT BENJAMIN: The
9 ruling of the chair stands, and the bill-in-chief
10 is before the house.
11 Are there any other Senators wishing
12 to be heard?
13 Seeing and hearing none, debate is
14 closed. The Secretary will ring the bell.
15 Read the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect on the same date and in the
18 same manner as a chapter of the Laws of 2020.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT BENJAMIN: The
656
1 bill is passed.
2 Senator Gianaris, that completes the
3 reading of the controversial calendar.
4 SENATOR GIANARIS: Is there any
5 further business at the desk?
6 ACTING PRESIDENT BENJAMIN: There
7 is no further business at the desk.
8 SENATOR GIANARIS: I move to
9 adjourn until tomorrow, Wednesday, February 10th,
10 at 11:00 a.m.
11 ACTING PRESIDENT BENJAMIN: On
12 motion, the Senate stands adjourned until
13 Wednesday, February 10th, at 11:00 a.m.
14 (Whereupon, at 4:07 p.m., the Senate
15 adjourned.)
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