1120
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 5, 2021
11 10:52 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
1121
1 P R O C E E D I N G S
2 ACTING PRESIDENT PERSAUD: 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 PERSAUD: 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 PERSAUD: The
14 reading of the Journal.
15 THE SECRETARY: In Senate,
16 Thursday, March 4, 2021, the Senate met pursuant
17 to adjournment. The Journal of Wednesday,
18 March 3, 2021, was read and approved. On motion,
19 Senate adjourned.
20 ACTING PRESIDENT PERSAUD: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
1122
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Madam President,
7 we will begin with an immediate meeting of the
8 Rules Committee in Room 332.
9 ACTING PRESIDENT PERSAUD: There
10 will be an immediate meeting of the Rules
11 Committee in Room 332.
12 SENATOR GIANARIS: The Senate will
13 stand at ease.
14 ACTING PRESIDENT PERSAUD: The
15 Senate will stand at ease.
16 (Whereupon, the Senate stood at ease
17 at 10:53 a.m.)
18 (Whereupon, the Senate reconvened at
19 11:01 a.m.)
20 ACTING PRESIDENT BENJAMIN: The
21 Senate will return to order.
22 Senator Gianaris.
23 SENATOR GIANARIS: Mr. President,
24 is there a report of the Rules Committee at the
25 desk?
1123
1 ACTING PRESIDENT BENJAMIN: There
2 is a report of the Rules Committee at the desk.
3 The Secretary will read.
4 THE SECRETARY:
5 Senator Stewart-Cousins, from the Committee on
6 Rules, reports the following bills:
7 Senate Print 5256A, by
8 Senator Harckham, an act to amend the
9 Election Law;
10 Senate Print 5357, by
11 Senator Stewart-Cousins, an act to amend the
12 Executive Law.
13 Both bills reported direct to third
14 reading.
15 SENATOR GIANARIS: Move to accept
16 the report of the Rules Committee.
17 ACTING PRESIDENT BENJAMIN: All
18 those in favor of accepting the report of the
19 Rules Committee signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT BENJAMIN:
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT BENJAMIN: The
25 report is accepted.
1124
1 Senator Gianaris.
2 SENATOR GIANARIS: Can we take up
3 the reading of the calendar, Mr. President.
4 ACTING PRESIDENT BENJAMIN: The
5 Secretary will read.
6 THE SECRETARY: Calendar 280,
7 Senate Print 1509, by Senator May, an act to
8 amend the Transportation Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 327, Senate Print 3917A, by Senator Benjamin, an
23 act to amend the Business Corporation Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
1125
1 THE SECRETARY: Section 6. This
2 act shall take effect immediately.
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: Ayes, 63.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 403, Senate Print 3223A, by Senator Persaud, an
13 act to amend the Social Services Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN: Senator
22 Persaud to explain her vote.
23 SENATOR PERSAUD: Thank you,
24 Mr. President.
25 Mr. President, this legislation
1126
1 today is quite simple. It will allow local
2 social service districts, at their option, to
3 interview applicants for cash assistance via
4 telephone, something that has been done during
5 this pandemic.
6 It will be done in the same
7 dignified manner the USDA allows for SNAP
8 applicants. Telephone interviews have been
9 common, and we hope this continues in New York
10 State.
11 One year ago the Office of Temporary
12 and Disability Assistance enacted a temporary
13 waiver of in-person cash assistance interview
14 requirements, thus achieving several critical
15 objectives. First, to practice social
16 distancing, in lieu of requiring entire public
17 assistance populations to come to the office.
18 Second, to protect the frontline workers -- the
19 frontline essential workers. And third, to
20 maintain dignity. Many of the recipients were
21 receiving public assistance for the very first
22 time, because the pandemic has forced them to do
23 so.
24 It is not often that labor and
25 localities, upstate and downstate, agree on
1127
1 proposals like the one we are voting on today.
2 The New York State Association of Counties, the
3 City of New York, the New York Public Welfare
4 Association, DC 37, they all strongly agree on
5 this legislation. For DC 37, this bill will
6 literally save lives. Counties and local
7 districts, including New York City, are afforded
8 predictable flexibility to administer benefits
9 both safely and efficiently, while still
10 complying with necessary screening.
11 I thank Senator Krueger for working
12 with me in sponsoring this legislation.
13 Mr. President, I vote aye. Thank
14 you.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Persaud to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar 403, those Senators voting in the
20 negative are Senators Griffo and Weik.
21 Ayes, 61. Nays, 2.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 419, Senate Print 4136, by Senator Savino, an act
1128
1 to amend the Agriculture and Markets Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 6. 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: In relation to
12 Calendar 419, those Senators voting in the
13 negative are Senators Akshar, Liu and Weik.
14 Ayes, 60. Nays, 3.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 432, Senate Print 1465, by Senator Breslin, an
19 act to amend the Banking Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of January.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
1129
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar 432, those Senators voting in the
6 negative are Senators Akshar, Borrello, Gallivan,
7 Griffo, Helming, Jordan, Oberacker, O'Mara, Ortt,
8 Palumbo, Rath, Stec, Tedisco and Weik.
9 Ayes, 49. Nays, 14.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 434, Senate Print 1441, by Senator Addabbo, an
14 act to amend the Racing, Pari-Mutuel Wagering and
15 Breeding Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
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.
1130
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 442, Senate Print 329, by Senator Thomas, an act
5 authorizing the Family and Children's Association
6 to receive retroactive real property tax
7 exemption status.
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: In relation to
18 Calendar 442, voting in the negative: Senators
19 Akshar and O'Mara.
20 Ayes, 61. Nays, 2.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 446, Senate Print 3984, by Senator
25 Reichlin-Melnick, an act to amend the Town Law.
1131
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 2. 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 446, those Senators voting in the
13 negative are Senators Akshar, Borrello, Griffo,
14 Helming, Jordan, Lanza, Oberacker, O'Mara, Ortt,
15 Rath, Ritchie, Serino, Stec, Tedisco and Weik.
16 Ayes, 48. Nays, 15.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 492, Senate Print 3543, by Senator Stavisky, an
21 act to amend the Education Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
1132
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 501, Senate Print 2168, by Senator Serrano, an
11 act to amend Chapter 138 of the Laws of 1998.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 Senator Gianaris, that completes the
25 reading of today's calendar.
1133
1 SENATOR GIANARIS: Can we now move
2 to the supplemental calendar, please.
3 ACTING PRESIDENT BENJAMIN: The
4 Secretary will read.
5 Calendar Number 503 is high and will
6 be laid aside for the day.
7 THE SECRETARY: Calendar Number 504,
8 Senate Print 5357, by Senator Stewart-Cousins, an
9 act to amend the Executive Law.
10 SENATOR LANZA: Lay it aside.
11 ACTING PRESIDENT BENJAMIN: Lay it
12 aside.
13 Senator Gianaris, that completes the
14 reading of today's supplemental calendar.
15 SENATOR GIANARIS: Mr. President,
16 we're going to stand at ease for five minutes.
17 ACTING PRESIDENT BENJAMIN: The
18 Senate will stand at ease.
19 (Whereupon, the Senate stood at ease
20 at 11:08 a.m.)
21 (Whereupon, the Senate reconvened at
22 11:14 a.m.)
23 ACTING PRESIDENT BENJAMIN: The
24 Senate will return to order.
25 Senator Gianaris.
1134
1 SENATOR GIANARIS: Thank you.
2 Mr. President, let's move on to the
3 controversial calendar, then.
4 ACTING PRESIDENT BENJAMIN: The
5 Secretary will ring the bell.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 504, Senate Print 5357, by Senator
9 Stewart-Cousins, an act to amend the
10 Executive Law.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Lanza, why do you rise?
13 SENATOR LANZA: Mr. President, I
14 believe there's an amendment at the desk. I
15 waive the reading of that amendment and ask that
16 you recognize Senator Akshar to be heard.
17 ACTING PRESIDENT BENJAMIN: Thank
18 you, Senator Lanza.
19 Upon review of the amendment, in
20 accordance with Rule 6, Section 4B, I rule it
21 nongermane and out of order at this time.
22 SENATOR LANZA: Accordingly,
23 Mr. President, I appeal the ruling of the chair
24 and ask that you recognize Senator Akshar.
25 ACTING PRESIDENT BENJAMIN: The
1135
1 appeal has been made and recognized, and
2 Senator Akshar may be heard.
3 SENATOR AKSHAR: Mr. President,
4 thank you very much for your indulgence.
5 I would ask the question, if not
6 now, then when? Of all days -- and there have
7 been 21 days, 21 times, as you well know -- this
8 amendment has been advanced, it has never been
9 more germane or more timely than right now.
10 I say that we are at a crossroads as
11 a body. Today we have a decision to make.
12 Either we will advance the will of the people of
13 this great state, we will remain true to our
14 word, we will do what we were elected to do, and
15 by doing that we advance the clean revocation.
16 Or we advance the will of the
17 political bosses who are clearly entrenched in
18 the Albany swamp. And we do that by advancing
19 the deceitful bill that is before us.
20 Here is a fact on the clean
21 revocation. There are 34 members of this
22 house -- 20 Republicans, 14 Democrats -- who have
23 been advocating for a clean repeal. Those
24 34 people represent more than 10.2 million
25 New Yorkers. So we in fact have a chance today
1136
1 to advance the clean revocation bill.
2 The amendment before the house is an
3 opportunity to once and for all end the
4 hypocrisy, the lies and the deceit. Right now,
5 Mr. President, is the time to do what is right.
6 I would say to my colleagues across
7 the aisle, before they vote, to dig deep, do what
8 is right. And I would refer back to a statement
9 that was made by my 14 colleagues on
10 February 12th, and I read, in part: "While the
11 Executive's authority to issue directives is due
12 to expire on April 30th, we urge the Senate to
13 advance and adopt the repeal as expeditiously as
14 possible." Well, actions speak louder than
15 words.
16 Mr. President, I in fact have stood
17 where you are standing many times, and I know,
18 with all due respect, that you're following a
19 script. Forget the script. Dig deep, do what is
20 right, and allow there to be an up or down vote
21 on the amendment so we can once and for all,
22 Mr. President, restore ourselves as a coequal
23 branch of government.
24 Thank you.
25 ACTING PRESIDENT BENJAMIN: Thank
1137
1 you, Senator Akshar.
2 I want to remind the house that the
3 vote is on the procedures of the house and the
4 ruling of the chair.
5 Those in favor of overruling the
6 chair signify by saying aye.
7 SENATOR LANZA: Request a show of
8 hands.
9 SENATOR GIANARIS: Mr. President,
10 we've agreed to waive the showing of hands and
11 record each member of the Minority in the
12 affirmative.
13 ACTING PRESIDENT BENJAMIN: Without
14 objection, so ordered.
15 Announce the results.
16 THE SECRETARY: Ayes, 20.
17 ACTING PRESIDENT BENJAMIN: The
18 ruling of the chair stands, and the bill-in-chief
19 is before the house.
20 Are there any other Senators wishing
21 to be heard?
22 Senator Lanza.
23 SENATOR LANZA: Mr. President,
24 would the sponsor yield.
25 ACTING PRESIDENT BENJAMIN: Does
1138
1 the sponsor yield?
2 SENATOR GIANARIS: I will be
3 answering questions, Mr. President. Yes.
4 ACTING PRESIDENT BENJAMIN: The
5 Senator yields.
6 SENATOR LANZA: Thank you.
7 Through you, Mr. President. First
8 let me say that, as always, it's an honor to
9 discuss matters of import together with my
10 colleagues, especially Senator Gianaris, on the
11 floor of the New York State Senate.
12 Through you, Mr. President. Could
13 the sponsor tell us whether or not the law in
14 existence today enjoyed by Governor Cuomo
15 allowing him these emergency powers, does it
16 sunset?
17 SENATOR GIANARIS: Thank you,
18 Mr. President and my colleague. I hope Senator
19 Lanza will share that view at the end of this
20 debate as he was gracious at the beginning of it.
21 Yes, the current law is scheduled to
22 sunset at the end of April.
23 SENATOR LANZA: Would the sponsor
24 yield.
25 ACTING PRESIDENT BENJAMIN: Will
1139
1 the sponsor yield?
2 SENATOR GIANARIS: Yes.
3 ACTING PRESIDENT BENJAMIN: The
4 Senator yields.
5 SENATOR LANZA: Through you,
6 Mr. President.
7 Does the bill before the house have
8 a sunset provision?
9 SENATOR GIANARIS: Yes. The bill
10 we are taking up today will expire with the
11 expiration of the state of emergency.
12 SENATOR LANZA: Would the sponsor
13 yield.
14 ACTING PRESIDENT BENJAMIN: Will
15 the Senator yield?
16 SENATOR GIANARIS: Yes.
17 ACTING PRESIDENT BENJAMIN: The
18 Senator yields.
19 SENATOR LANZA: Through you,
20 Mr. President. Who determines whether or not
21 there is a state of emergency and when it
22 expires?
23 SENATOR GIANARIS: The Legislature
24 and/or the Governor. Let me clarify that,
25 because I think I know what Senator Lanza was
1140
1 trying to get at.
2 For the first time ever, we are
3 adding a power for the Legislature to nullify a
4 declaration of state of emergency. So that is in
5 addition to the repeal of the Governor's
6 emergency powers. We are also adding an
7 additional power for the Legislature to end the
8 state of emergency entirely.
9 SENATOR LANZA: Will the sponsor
10 yield.
11 ACTING PRESIDENT BENJAMIN: Will
12 the Senator yield?
13 SENATOR GIANARIS: Yes.
14 ACTING PRESIDENT BENJAMIN: The
15 Senator yields.
16 SENATOR LANZA: Through you,
17 Mr. President. Does there continue to exist a
18 state of emergency as we speak today?
19 SENATOR GIANARIS: Certainly.
20 SENATOR LANZA: Would the sponsor
21 yield.
22 ACTING PRESIDENT BENJAMIN: Does
23 the Senator yield?
24 SENATOR GIANARIS: Yes.
25 ACTING PRESIDENT BENJAMIN: The
1141
1 Senator yields.
2 SENATOR LANZA: Through you,
3 Mr. President. Has the Governor agreed to sign
4 the bill before the house today?
5 SENATOR GIANARIS: I have no idea.
6 SENATOR LANZA: Will the sponsor
7 yield.
8 ACTING PRESIDENT BENJAMIN: Does
9 the Senator yield?
10 SENATOR GIANARIS: Yes.
11 ACTING PRESIDENT BENJAMIN: The
12 Senator yields.
13 SENATOR LANZA: Through you,
14 Mr. President.
15 So it's been widely reported in the
16 media that the Governor in fact has said he will
17 sign the bill, and in fact he said that he agreed
18 to sign this bill.
19 Through you, Mr. President, why
20 would the Governor sign a bill to strip his own
21 power?
22 ACTING PRESIDENT BENJAMIN: Senator
23 Lanza, are you asking the Senator to yield?
24 SENATOR LANZA: Yes.
25 SENATOR GIANARIS: I yield, yes.
1142
1 ACTING PRESIDENT BENJAMIN: The
2 Senator yields.
3 SENATOR GIANARIS: I think I heard
4 the question.
5 SENATOR LANZA: Through you,
6 Mr. President, why would the Governor agree to
7 sign a bill to strip his own power?
8 SENATOR GIANARIS: Well, first of
9 all, let me address the premise of the question.
10 I heard the Governor's press
11 conference, and to be clear, the Governor lied.
12 There was no agreement between the houses of the
13 Legislature and the Governor on this bill. It
14 may surprise my colleagues, or not, that this
15 Governor might tell a lie, but that's in fact
16 what happened.
17 Why would he agree to sign it? I
18 can speculate. I can speculate that he didn't
19 want to be embarrassed by the fact that the
20 Legislature was repealing his emergency powers
21 and he's trying to pretend like he had something
22 to do with it.
23 SENATOR LANZA: Would the sponsor
24 yield?
25 ACTING PRESIDENT BENJAMIN: Will
1143
1 the Senator yield?
2 SENATOR GIANARIS: Yes.
3 ACTING PRESIDENT BENJAMIN: The
4 Senator yields.
5 SENATOR LANZA: Through you,
6 Mr. President. Why would this body allow the
7 Governor, who you just said lied, to continue to
8 enjoy extraordinary unilateral emergency powers?
9 SENATOR GIANARIS: Well, there's
10 some flaws in the premise of that question. The
11 powers are not unilateral. I'm sure we'll get
12 into that over the next couple of hours.
13 But as of now, the Governor is still
14 the Governor, and the Executive of this state
15 needs to have some ability to manage our response
16 in a state of emergency.
17 SENATOR LANZA: Would the sponsor
18 yield?
19 ACTING PRESIDENT BENJAMIN: Does
20 the Senator yield?
21 SENATOR GIANARIS: Yes.
22 ACTING PRESIDENT BENJAMIN: The
23 Senator yields.
24 SENATOR LANZA: Through you,
25 Mr. President. Isn't it true that the reason the
1144
1 Governor has agreed to sign this legislation is
2 because he knows that it does not in fact strip
3 him of the emergency powers he's acted under for
4 a year now?
5 SENATOR GIANARIS: You're asking me
6 to get inside Andrew Cuomo's head, which I most
7 certainly do not want to do, for a number of
8 reasons.
9 But no, I don't believe that's the
10 case. And if that is the case, then he's grossly
11 mistaken, because this bill removed his emergency
12 powers.
13 SENATOR LANZA: Would the Senator
14 yield?
15 ACTING PRESIDENT BENJAMIN: Does
16 the Senator yield?
17 SENATOR GIANARIS: Yes.
18 ACTING PRESIDENT BENJAMIN: The
19 Senator yields.
20 SENATOR LANZA: Through you,
21 Mr. President. I think you just spoke to this,
22 but let me ask it.
23 So is it your opinion that this
24 legislation would strip the Governor of the
25 extraordinary emergency powers he's acted under
1145
1 during this pandemic over the last year?
2 SENATOR GIANARIS: Mr. President,
3 that's not my opinion, that is a fact.
4 SENATOR LANZA: Well -- would the
5 sponsor yield?
6 ACTING PRESIDENT BENJAMIN: Does
7 the Senator yield?
8 SENATOR GIANARIS: Yes.
9 ACTING PRESIDENT BENJAMIN: The
10 Senator yields.
11 SENATOR LANZA: Through you,
12 Mr. President. Well, if that is true, can the
13 sponsor tell us what it is that the Governor has
14 been able to do throughout this pandemic, under
15 the excuse of emergency powers, that he will not
16 be able to do going forward if this bill were to
17 become law?
18 SENATOR GIANARIS: Yes,
19 Mr. President. The -- there are a number of
20 things.
21 Anything that is not currently
22 covered by an existing and active directive, or
23 anything that is unrelated to public health as it
24 relates to COVID-19 would be off limits for him
25 to issue a directive about.
1146
1 So for example -- because I imagine
2 that's where we're headed next -- for example,
3 there's currently a rule in place that if you're
4 at an establishment and having a beverage, you
5 also have to have food. It is our opinion that
6 that would no longer be able to be in effect
7 because that is unrelated to public health.
8 SENATOR LANZA: Will the sponsor
9 yield?
10 ACTING PRESIDENT BENJAMIN: Will
11 the Senator yield?
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT BENJAMIN: The
14 Senator yields.
15 SENATOR LANZA: Through you,
16 Mr. President. So let's go through it. If the
17 bill before the house becomes law, could the
18 Governor dictate whether or not our student
19 athletes can play football?
20 SENATOR GIANARIS: Yes. As that is
21 currently an existing and ongoing directive, I
22 believe he would be able to maintain that
23 directive.
24 SENATOR LANZA: Would the sponsor
25 yield.
1147
1 ACTING PRESIDENT BENJAMIN: Does
2 the Senator yield?
3 SENATOR GIANARIS: Yes.
4 ACTING PRESIDENT BENJAMIN: The
5 Senator yields.
6 SENATOR LANZA: So if the bill
7 before the house became law, could the Governor
8 dictate whether or not high school student
9 athletes can play baseball?
10 SENATOR GIANARIS: I would have to
11 look at the specific directive and see if it was
12 specific to football or sports in general.
13 But if there's an existing directive
14 in place, that directive can continue, subject to
15 legislative oversight.
16 SENATOR LANZA: Would the sponsor
17 yield?
18 ACTING PRESIDENT BENJAMIN: Does
19 the Senator yield?
20 SENATOR GIANARIS: Yes.
21 ACTING PRESIDENT BENJAMIN: The
22 Senator yields.
23 SENATOR LANZA: Through you,
24 Mr. President. So if the bill before the house
25 becomes law, could the Governor dictate whether
1148
1 or not high school students can engage in their
2 gymnastics team?
3 SENATOR GIANARIS: I'd give the
4 same answer, Mr. President.
5 If Senator Lanza has the specific
6 directive he's referring to, we can look at it.
7 If it identifies a particular sport, then he
8 would presumably not be able to do a directive
9 about a different sport. If it's broadly about
10 athletics in general, then it would continue to
11 apply.
12 SENATOR LANZA: Will the sponsor
13 yield.
14 ACTING PRESIDENT BENJAMIN: Does
15 the Senator yield?
16 SENATOR GIANARIS: Yes.
17 ACTING PRESIDENT BENJAMIN: The
18 Senator yields.
19 SENATOR LANZA: Through you,
20 Mr. President. If this bill becomes law, could
21 the Governor continue to dictate whether or not
22 students can participate in their school play?
23 SENATOR GIANARIS: Again, the
24 answer is the same as it was with regard to
25 athletics.
1149
1 If there's a specific directive that
2 is in effect that speaks to that issue, then that
3 directive can continue subject to legislative
4 oversight. If there is not, there would be no
5 ability for the Governor to issue directives on
6 that issue.
7 SENATOR LANZA: Will the sponsor
8 yield.
9 ACTING PRESIDENT BENJAMIN: Does
10 the Senator yield?
11 SENATOR GIANARIS: Yes.
12 ACTING PRESIDENT BENJAMIN: The
13 Senator yields.
14 SENATOR LANZA: Just to -- through
15 you, Mr. President, just to sort of deviate a bit
16 from my questions on this subject, could the
17 sponsor tell us how many orders are currently in
18 place having been issued by the Governor?
19 SENATOR GIANARIS: There are
20 roughly 60 directives that are in effect
21 currently, is my information.
22 SENATOR LANZA: Would the sponsor
23 yield.
24 ACTING PRESIDENT BENJAMIN: Does
25 the Senator yield?
1150
1 SENATOR GIANARIS: Yes.
2 ACTING PRESIDENT BENJAMIN: The
3 Senator yields.
4 SENATOR LANZA: If the bill before
5 the house became law, could the Governor dictate
6 whether or not barber shops can operate in the
7 State of New York?
8 SENATOR GIANARIS: I will give the
9 same answer. We can go through examples one by
10 one. But if there is an existing directive that
11 speaks to that issue, that directive can continue
12 subject to legislative oversight. If there is
13 not, then there will be no ability for the
14 Governor to issue directives on that subject.
15 SENATOR LANZA: Will the sponsor
16 yield.
17 ACTING PRESIDENT BENJAMIN: Does
18 the sponsor yield?
19 SENATOR GIANARIS: Yes.
20 ACTING PRESIDENT BENJAMIN: The
21 Senator yields.
22 SENATOR LANZA: If the bill before
23 the house became law, could the Governor dictate
24 whether or not restaurants can open or close?
25 SENATOR GIANARIS: On that one, I
1151
1 do believe there's an existing directive in
2 place. So yes, subject to legislative oversight,
3 Mr. President.
4 SENATOR LANZA: Would the sponsor
5 yield.
6 SENATOR GIANARIS: Yes.
7 SENATOR LANZA: Through you,
8 Mr. President. If the bill before the house
9 becomes law, can the Governor continue to dictate
10 how many of my family members I can have Easter
11 dinner with in my own house?
12 SENATOR GIANARIS: Yeah, I would
13 give the same answer as I've given on every one
14 of these subjects.
15 If there is an existing directive
16 that speaks to this issue, then that directive
17 can continue, subject to legislative oversight.
18 If not, then there can be no new directives.
19 SENATOR LANZA: Would the sponsor
20 yield.
21 ACTING PRESIDENT BENJAMIN: Will
22 the Senator yield?
23 SENATOR GIANARIS: Yes.
24 ACTING PRESIDENT BENJAMIN: The
25 Senator yields.
1152
1 SENATOR LANZA: Through you,
2 Mr. President. I could obviously go on and on
3 like this in terms of what the Governor can
4 continue to do, Mr. President.
5 He has issued 96 orders. If this
6 legislation becomes law, he can modify or react
7 with respect to the subject matter contained
8 therein for each of them. Which, as I've already
9 just given a small sampling, covers everything
10 that he's done with respect to the pandemic.
11 And so my question is -- through
12 you, Mr. President -- isn't it true that if this
13 bill becomes law, the Governor can continue to
14 act with respect to the things he's acted upon,
15 unfettered and in no way changed because of this
16 legislation?
17 SENATOR GIANARIS: The answer is
18 no, that is not correct.
19 SENATOR LANZA: Will the sponsor
20 yield.
21 ACTING PRESIDENT BENJAMIN: Does
22 the Senator yield?
23 SENATOR GIANARIS: Yes.
24 ACTING PRESIDENT BENJAMIN: The
25 Senator yields.
1153
1 SENATOR LANZA: Through you,
2 Mr. President. I have just established -- and I
3 can go back to the list -- the Governor, if this
4 bill becomes law, can continue to act
5 unilaterally, with impunity, with respect to
6 whether or not I can dine inside a restaurant on
7 one side of the street and not on another,
8 whether or not our students can attend in-person
9 learning.
10 The Governor, if this bill becomes
11 law, can still determine unilaterally whether or
12 not our student athletes can get back on the
13 fields and on the basketball courts and to their
14 track meets and their gymnastics tournaments.
15 The Governor would continue to be
16 able to determine unilaterally whether barber
17 shops open or close. The Governor will continue
18 to be able to determine unilaterally whether or
19 not --
20 ACTING PRESIDENT BENJAMIN: Senator
21 Lanza, are you on the bill or are you asking a
22 question?
23 SENATOR LANZA: It's a very
24 long-winded question.
25 -- whether or not I can sit with 11
1154
1 of my family members celebrating Easter dinner in
2 my own home. You know, all the sorts of things
3 that have really aggravated people throughout the
4 year.
5 And so my question, through you,
6 Mr. President, if the sponsor is telling us that
7 the Governor has lost that power or that this
8 bill will revoke that power, I would ask him to
9 please tell us where within this legislation it
10 actually does. In fact, I think he's just agreed
11 on the floor that it doesn't do that.
12 But I'm open to seeing where in this
13 legislation that actually happens, if he can
14 point that out.
15 SENATOR GIANARIS: Mr. President,
16 the technical answer to Senator Lanza's question
17 is on page 4, lines 14 through 16, where it says
18 that the act that we passed a year ago shall
19 expire and be deemed repealed immediately.
20 But I understand his broader
21 question; I want to address that as well. So
22 let's take a step back and do that.
23 A year ago, when COVID-19 was at its
24 peak in the state, we decided the state had to
25 have the ability to move quickly, flexibly and
1155
1 nimbly to address it. Just about every
2 Republican in this chamber voted yes to grant
3 those powers.
4 So let that sink in for a second
5 when we talk about what kind of theater is going
6 to happen on this floor today. Just about every
7 one of them voted yes to give the Governor these
8 powers.
9 A year from now -- a year from then,
10 rather -- now we are sitting here and this
11 Majority has decided that power is no longer
12 necessary, it wasn't executed the way any of us
13 would have liked, and we're going to repeal it.
14 So the Governor's ability to issue
15 these new directives, which was granted to him a
16 year ago, will be gone effective when this bill
17 is enacted into law.
18 Now, then the question becomes what
19 about the directives that were issued in that
20 year period that are still in effect? My
21 understanding, Senator Lanza, is that there's
22 90 executive orders, but there's only about
23 60 directives within those 90 orders that were
24 issued.
25 So what happens to those
1156
1 60 directives, some of which are incredibly
2 important to the public health of this state --
3 mask mandates, who qualifies for vaccines,
4 whether sports arenas can be full of people
5 sitting next to each other without masks,
6 spreading COVID-19.
7 This is still a public health crisis
8 that we're in. That's why there's so few of us
9 in this chamber, and we're all wearing masks.
10 So maybe my colleagues would prefer
11 if all of that just went away and we can become
12 Texas, where their Governor just declared no
13 restrictions on anything. That's not what the
14 people of this state want, and that's not what
15 this Majority wants.
16 So we are being responsible. We are
17 understanding that the powers are no longer
18 necessary, were not executed properly, and we're
19 taking them away.
20 The things that are in place right
21 now have very good reason to continue, and we
22 want them to continue -- subject to legislative
23 oversight, by the way. And, by the way, every
24 single one of them is public. So if there's
25 something on there you don't like, put in a
1157
1 resolution and call for its repeal. We have the
2 ability to do that with a simple majority --
3 excuse me (clearing throat).
4 But instead we've had theatrics --
5 hostile amendments day after day -- it's your
6 right, and we did it when we were in the
7 minority. It's a perfectly good way of
8 communicating your position on issues. But there
9 has never been a serious legislative effort to
10 repeal a specific directive.
11 And if your position, Senator Lanza
12 and the Minority in general, is that we should
13 just, as of the enactment of a bill, get rid of
14 mask mandates, restrictions on sports arenas,
15 vaccine rules, that is not something we support.
16 And you can take that on your shoulders when you
17 vote against this. But we are not prepared to do
18 that.
19 SENATOR LANZA: Mr. President, on
20 the bill.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Lanza on the bill.
23 SENATOR LANZA: Mr. President, I
24 thank, as always, Senator Gianaris for the
25 discussion and the debate.
1158
1 In listening to his last remarks, it
2 seems to me that Senator Gianaris would like to
3 debate and discuss the policies that are in place
4 in the State of New York that were issued by
5 Governor Cuomo under the emergency power. That's
6 exactly the point. It's exactly what we're
7 saying on this side of the aisle.
8 We invite that discussion and that
9 debate. We demand that this body, the state,
10 duly elected, the Senate, duly elected from
11 voters across the State of New York, be part of
12 that conversation. Discuss whether or not you
13 can sit inside or outside of a restaurant,
14 whether or not my kid can participate on his
15 baseball team in high school, whether or not
16 barber shops can open. That's exactly the point.
17 But right now in the State of
18 New York, one man makes those decisions. If we
19 were actually allowed to let the legislation that
20 was passed a year ago sunset, then the Assembly
21 and the Senate, its members from across the
22 state, would be part of the conversation.
23 And to call it political theatrics
24 or political games is absurd, because think about
25 what it is that we're asking. We are saying --
1159
1 yes, we are demanding that the Senate be involved
2 in the deliberation and the discussions and the
3 outcomes. Maybe it will be less indoor dining.
4 Maybe it will be more. Maybe our kids, God
5 forgive, could finally get back to sitting in
6 class. Maybe some of the orders that are in
7 place will continue. Maybe some of them won't.
8 Politics? What strange politics it
9 must be where Republicans are begging that a
10 house controlled by Democrats gets in the game.
11 What strange politics and what strange accusation
12 it is for Republicans to beg and demand that the
13 Democrat-controlled Assembly gets in the game.
14 Republicans aren't saying give us
15 the power only on this side of the aisle. We
16 acknowledge that this body is controlled by the
17 Democrats. And yet we are begging and pleading
18 that you get in the game. It's because the
19 people deserve no less. I trust my colleague
20 Senator Gianaris. I trust my colleagues on both
21 sides of the aisle here to be part of the
22 conversation. The people sent us here to do just
23 that.
24 Yes, I voted for the emergency power
25 that's presently in place. Yes, the Republicans
1160
1 voted for it. Let's go back for a moment. It
2 was back in March. There were more unknowns than
3 knowns with respect to the pandemic at that
4 point. Tied to that piece of legislation, thrown
5 at us in the 11th hour by the Governor, who knew
6 exactly what he was doing, was emergency COVID
7 relief, millions of dollars.
8 This came at a time when it became
9 painfully clear about the negligence of the State
10 of New York's emergency preparedness. They had
11 no stockpiles of masks, no stockpiles of PPEs, no
12 plan. None of the things that I think all
13 New Yorkers actually believed were in place to
14 protect us. And a bill was thrown on this floor
15 in the 11th hour. If you voted no, you voted
16 against the millions of dollars of COVID relief
17 that was needed in the State of New York.
18 Yes, I voted yes. I stood right
19 over there. I questioned the intelligence of a
20 bill that would last for a year granting these
21 types of enormous powers to one man. I suggested
22 right from that seat over there that it would
23 have made more sense if it were 30 days or
24 60 days, so that this body could come back and
25 review it to see what's working and what wasn't
1161
1 working.
2 I heard some of my Democratic
3 colleagues echo the same sentiments and concerns.
4 I heard my Democratic colleagues say: Don't
5 worry, this will sunset in a year. And in the
6 meantime, we can keep our eye on things.
7 I even said, when I voted in favor
8 of that emergency power, that we had no choice
9 and that we were left but to trust Governor Cuomo
10 to do the right thing.
11 Here we are a year later. That
12 assurance, that promise that was made about a
13 bill that was going to sunset is going to be
14 replaced by a bill, with all due respect, that
15 does not sunset. There's no mechanism, there's
16 no automatic sunset of the legislation before the
17 house.
18 The truth is, Mr. President,
19 everything the Governor has been able to do over
20 the last year he can continue to do, period, with
21 respect to the things that he has done. And what
22 topics and subjects has he issued orders or
23 edicts concerning? Everything that matters
24 concerning the pandemic. All the things that are
25 bothering people, that people are worried about,
1162
1 whether they can eat inside or outside, their
2 kids can play ball, their kids can go to school,
3 the barber shop can open.
4 He continues to have the same
5 unilateral power on all these matters that he has
6 enjoyed under the old bill. Now he has to tell
7 some of us what he's about to do when he does it.
8 But he'll do it anyway, regardless of what you
9 say about it.
10 Yes, my Republican colleagues are
11 calling for the removal of the Governor's
12 emergency powers. That is exactly what we are
13 doing. And this bill does not do that. And by
14 the way, the people are clamoring for it as well.
15 Not to mention 14 members of my colleagues across
16 the aisle.
17 And I want to say this. I'm not
18 calling for the removal of these powers as a
19 punishment of Governor Cuomo. As I have heard
20 some of my colleagues across the aisle in the
21 Assembly say that because of the Governor's
22 behavior, he ought to have his powers stripped,
23 that he ought to be punished. That's not what
24 I'm saying at all.
25 For me, this is not about
1163
1 Andrew Cuomo, the person. This is about
2 democracy. This is about the Senate and the
3 Assembly being engaged. This is about the Senate
4 and the Assembly being involved. This is about
5 the Senate and the Assembly having a say with
6 respect to what happens to their constituents
7 back home.
8 One-party rule is one thing.
9 One-man rule is entirely another, Mr. President.
10 And that's what we have suffered under for a year
11 now, one-man rule -- the antithesis to everything
12 we hold dear as Americans. Let's review what
13 happens when you allow one man to have enormous
14 unilateral powers over every detail of life in
15 the state.
16 Right now, back home on
17 Staten Island, there are kids on their
18 high school football team, baseball team, soccer
19 team, lacrosse, gymnastics -- soccer I said.
20 They're part of the band, part of the choir, part
21 of the yearbook club, part of the drama team,
22 want to be involved in their school play. They
23 can't do it. Not that there's any science that
24 suggests preventing them from doing these things
25 is somehow saving anyone's life. In fact, the
1164
1 science tells us completely the opposite.
2 If I would have told anyone two
3 years ago that we were going to stand by and
4 allow a Governor to tell student athletes they
5 could no longer play, that we were going to tell
6 high school students they couldn't participate in
7 their school play, people would say, You're
8 crazy. Not in America. No way, no how. But
9 it's happening.
10 Let's review what happens when you
11 allow one man to have absolute power over our
12 lives. Back home on Staten Island, you can dine
13 inside a restaurant on one side of the street,
14 and 30 feet away you cannot. So some barber
15 shops are open, some are closed. You could pack
16 them into Target, Home Depot, Costco, Kohl's,
17 T.J. Maxx, Marshall's. My wife would be proud I
18 know all those names.
19 You could do all these things. And
20 you can do them in spite of the fact -- or you
21 can't do them in spite of the fact that our
22 constituents, Democrat and Republican, across the
23 state, know this is madness. All of us, Democrat
24 and Republican, get calls from our constituents
25 saying, How could this be? Who is doing this?
1165
1 Why aren't you stopping it?
2 And my answer for a year is, one man
3 is doing it. Not because he's a bad man, but
4 because he has the power to do it. And when you
5 can act with impunity, Mr. President, there's no
6 telling what you might do.
7 What else happens, what else happens
8 when you allow one man to have this type of
9 absolute power? Well, you might have a health
10 commissioner who lies to the people of the State
11 of New York about the very area of expertise that
12 he was appointed to deal with. You might have
13 policies that send our elderly to nursing homes
14 without PPEs, without masks, and without
15 safeguards that lead to the tragic death of so
16 many of our parents and grandparents.
17 You might, Mr. President, when you
18 allow this much power to vest in one man, you
19 might find out the types of things that we found
20 out last night. That not only did Dr. Zucker lie
21 by omission and withhold the information about
22 nursing homes that both Democrats and Republicans
23 have been calling for for months -- if that's not
24 bad enough, now we find that not only did
25 Dr. Zucker withhold the information, they changed
1166
1 the information.
2 I don't know. As a former
3 prosecutor, I could tell you, wow, that smacks --
4 that smacks of something even worse than what
5 we're hearing. If the report last night is true,
6 Dr. Zucker or someone over there in the
7 administration fraudulently altered the reports
8 prepared by the Department of Health and the
9 State of New York.
10 How can that happen? Why would that
11 happen? It happens when you give absolute power
12 to one man. The story is as old as humanity
13 itself, and we all know it. Absolute power. You
14 know the ending. We've witnessed the ending.
15 The story is repeating itself right here in
16 New York.
17 You know, Mr. President, a lot of
18 bad things happen when you give power to one man.
19 On Staten Island right now, a borough of
20 500,000-plus people -- it would be the state's
21 second-largest city -- Dr. Zucker has created
22 vaccine distribution centers in four of the five
23 boroughs in New York City. I'll let you guess
24 which one he didn't. I'll let you guess which
25 one he didn't.
1167
1 ACTING PRESIDENT BENJAMIN: Senator
2 Lanza, I'd just like to remind you that you have
3 reached your 30-minute limit. We will allow you
4 to continue, but it will be counted against the
5 two-hour limit for debate.
6 SENATOR LANZA: I'm going to wrap
7 it up. Thank you, Mr. President.
8 ACTING PRESIDENT BENJAMIN: Thank
9 you.
10 SENATOR LANZA: Maybe they don't
11 like the criticism coming from Staten Island.
12 Dr. Zucker decided not to put a vaccine
13 distribution center on Staten Island. That's
14 what happens with absolute power.
15 You know, Mr. President, when I saw
16 the reports in the media that the Democrats had
17 come to an agreement to revoke and remove the
18 Governor's emergency powers, I was thrilled. I
19 thought, I can go home and report to my
20 constituents, to my neighbors, to my family, to
21 the people of Staten Island, to the people of
22 New York, that the long -- the year-long
23 nightmare was coming to an end. That no longer
24 would our freedom and liberty exist only at the
25 whim of one man.
1168
1 Sadly, Mr. President, I cannot -- I
2 cannot do that. When I go home this weekend, I'm
3 going to have to tell the people of Staten
4 Island: Same old. The Governor of the State of
5 New York not only continues to have his powers,
6 but now they will exist indefinitely. Because,
7 Mr. President, the fact of the matter is this
8 bill does not revoke those powers in any way,
9 shape or form.
10 Mr. President, when it comes time to
11 vote, I'm going to vote in the negative. I thank
12 you, Mr. President and Senator Gianaris, for your
13 indulgence.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Gianaris.
16 SENATOR GIANARIS: Mr. President,
17 we're going to pause for just a few seconds. My
18 understanding is the sound system has been fixed,
19 so we're going to switch back to the normal
20 microphones.
21 ACTING PRESIDENT BENJAMIN: The
22 Senate will stand at ease.
23 (Whereupon, the Senate stood at ease
24 at 11:53 a.m.)
25 (Whereupon, the Senate reconvened at
1169
1 11:55 a.m.)
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will return to order.
4 Senator Gianaris.
5 SENATOR GIANARIS: So,
6 Mr. President, false alarm. We're still using
7 the handheld mics, as it turns out.
8 Please carry on with the debate.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Palumbo.
11 SENATOR PALUMBO: Thank you,
12 Mr. President. Would Senator Gianaris yield for
13 a few questions, please.
14 ACTING PRESIDENT BENJAMIN: Will
15 the Senator yield?
16 SENATOR GIANARIS: Yes, I will.
17 ACTING PRESIDENT BENJAMIN: The
18 Senator yields.
19 SENATOR PALUMBO: Thank you,
20 Senator.
21 I'm going to just address those
22 areas regarding the certification that's required
23 by the Governor and regarding any extensions and
24 comment period. So I'd -- if you don't mind, I'd
25 like to direct your attention to page 2. And
1170
1 down in the middle of the text it says basically
2 no later than five days prior to the extension or
3 modification of any directive, the Governor shall
4 notify, via electronic means, the relevant
5 committee chairs in the Assembly and Senate and
6 the Speaker of the Assembly and Temporary
7 President of the Senate of his intent to extend
8 or modify any directive.
9 And then it says it shall include --
10 he shall -- or she shall include therewith the
11 certification required by subdivision 1 of this
12 section.
13 And that certification, when you
14 refer to subdivision 1, is -- I'll quote --
15 "means a directive certified in the sole
16 discretion of the Commissioner of Health."
17 So my question to you in that regard
18 is that would -- that public directive, as is
19 enumerated in the language, and that
20 certification, does that need to be under oath
21 when it's issued by Commissioner Zucker and by
22 the Governor therefore?
23 SENATOR GIANARIS: I'm not exactly
24 sure what Senator Palumbo is asking. But it's my
25 understanding that filing a false public document
1171
1 is a crime in and of itself, aside from any
2 perjury possibilities.
3 SENATOR PALUMBO: Will the Senator
4 yield.
5 ACTING PRESIDENT BENJAMIN: Does
6 the Senator yield?
7 SENATOR GIANARIS: Yes.
8 ACTING PRESIDENT BENJAMIN: The
9 Senator yields.
10 SENATOR PALUMBO: Thank you,
11 Senator Gianaris.
12 And my question is really that this
13 isn't a submission necessarily to a governmental
14 body in that regard for filing a false
15 instrument. So it couldn't just be a directive
16 or something that the Governor will certify that
17 this is in any way related to a public health
18 directive. And if I'm accurate and -- is that
19 going to be satisfactory under this new statute?
20 SENATOR GIANARIS: I'm trying to
21 understand the question, Senator Palumbo. So are
22 you asking if the Commissioner of Health issues
23 such a certification, if that's the end of the
24 story or --
25 SENATOR PALUMBO: Exactly.
1172
1 SENATOR GIANARIS: Okay. Subject
2 to litigation. I mean, if there is a
3 certification that is false or not consistent
4 with the law that we're about to pass, then
5 someone can certainly go to court and challenge
6 it. In fact, numerous directives over the last
7 year have been challenged in court and
8 overturned. So that would be one avenue
9 available to people.
10 SENATOR PALUMBO: Would the sponsor
11 yield.
12 SENATOR GIANARIS: And if I may --
13 SENATOR PALUMBO: Sorry.
14 SENATOR GIANARIS: I'm sorry,
15 Senator Palumbo. And if there was some
16 intentional malfeasance in filing a false
17 certification, that would open up a world of
18 other consequences for whoever would file that
19 document.
20 SENATOR PALUMBO: Understood.
21 And will the Senator continue to
22 yield.
23 ACTING PRESIDENT BENJAMIN: Does
24 the Senator yield?
25 SENATOR GIANARIS: Yes.
1173
1 ACTING PRESIDENT BENJAMIN: The
2 Senator yields.
3 SENATOR PALUMBO: Well, Senator, I
4 guess the specific question that I'm trying to
5 get to is the adequacy of that certification.
6 Because a general comment that it's relative to
7 public health would certainly appear to be
8 satisfactory.
9 So obviously if the Governor feels
10 that we need to shut down restaurants again as a
11 result of the pandemic, because there may be a
12 slight spike -- or not even a spike, there's some
13 sort of a reasonable basis that could be
14 articulated, no matter how accurately or
15 inaccurately -- they would have complied with the
16 statute.
17 SENATOR GIANARIS: Yes. And let
18 me -- let me read from the bill to answer your
19 question.
20 It says: "Such certification shall
21 include a detailed explanation of how such
22 directive will address the spread and/or
23 reduction of the COVID-19 virus, facilitate
24 vaccine distribution or administration, or
25 require the use of face coverings ... and shall
1174
1 also be contained with the notice required to be
2 made by the Governor pursuant to paragraphs a and
3 b of subdivision 2 of this section."
4 So it cannot be just a broad-based
5 statement that there's public health involved, it
6 needs to be detailed.
7 SENATOR PALUMBO: Certainly. But
8 would you -- would the Senator continue to yield?
9 ACTING PRESIDENT BENJAMIN: Does
10 the Senator yield?
11 SENATOR GIANARIS: Yes.
12 ACTING PRESIDENT BENJAMIN: The
13 Senator yields.
14 SENATOR PALUMBO: And -- thank you,
15 Senator.
16 And ultimately, though, virtually --
17 I mean, I think we can agree that virtually just
18 about anything would address the spread and/or
19 reduction of the COVID-19 virus and facilitate
20 vaccine distribution or administration, because
21 it's going to be generally based on public
22 health. Can we agree that that is fairly broad?
23 SENATOR GIANARIS: No, we cannot
24 agree on that.
25 SENATOR PALUMBO: Will the Senator
1175
1 yield.
2 ACTING PRESIDENT BENJAMIN: Does
3 the Senator yield?
4 SENATOR GIANARIS: Yes.
5 ACTING PRESIDENT BENJAMIN: The
6 Senator yields.
7 SENATOR PALUMBO: Thank you. We
8 can agree to disagree in that regard.
9 But in the event that is provided,
10 now the Governor has to comment and provide these
11 comments to the committee chairs and Majority
12 Leaders. Is there any reason why Minority
13 Leaders or the rest of the Senate were not
14 included in that?
15 SENATOR GIANARIS: Generally the
16 information flows to the leader of the Senate.
17 That's the way you folks did it when you were in
18 the majority, and that's -- there's the reason
19 that people get to vote for who their
20 representatives are. And so we are in the
21 majority, and it is -- there's one leader of the
22 Senate, not two.
23 SENATOR PALUMBO: Now, that will be
24 delivered by electronic means --
25 ACTING PRESIDENT BENJAMIN: Senator
1176
1 Palumbo.
2 SENATOR PALUMBO: Oh, will the
3 Senator yield.
4 ACTING PRESIDENT BENJAMIN: Does
5 the Senator yield?
6 SENATOR GIANARIS: Yes.
7 ACTING PRESIDENT BENJAMIN: The
8 Senator yields.
9 SENATOR PALUMBO: Thank you,
10 Senator.
11 And now that will be transmitted
12 electronically as well as physically, it appears.
13 Is there any opportunity for those other members
14 that I indicated -- the rankers, Minority Leader
15 and so forth -- and other members of the Senate
16 body to access that information?
17 SENATOR GIANARIS: First of all,
18 let me also point out, so that no one thinks
19 there will be communication that no one else is
20 aware of, the notifications that were required
21 would be publicly disclosed on the Governor's
22 website pursuant to this bill.
23 And at that point anyone can comment
24 on it. It's just that the specific requirement
25 of receiving a response to a comment flows
1177
1 through the Majority.
2 SENATOR PALUMBO: Further down the
3 bill, if you look at --
4 ACTING PRESIDENT BENJAMIN: Senator
5 Palumbo?
6 SENATOR PALUMBO: Would the sponsor
7 yield, please.
8 ACTING PRESIDENT BENJAMIN: Does
9 the Senator yield?
10 SENATOR GIANARIS: Yes.
11 ACTING PRESIDENT BENJAMIN: The
12 Senator yields.
13 SENATOR PALUMBO: So, Senator,
14 further down the bill, line 44, the Governor
15 shall provide an opportunity to comment on such
16 directive by the relevant committee chairs, which
17 comments may be received after the issuance of
18 this directive and shall not affect the validity
19 thereof.
20 So with regard to that section, that
21 whatever the comments may be -- agreement,
22 disagreement or otherwise -- the executive order
23 will stand so long as he provides the
24 certification and an opportunity to comment,
25 correct?
1178
1 SENATOR GIANARIS: The provision
2 that Senator Palumbo is referring to is meant to
3 recognize that comments will flow in after
4 directives go into effect. And any directive
5 expires within 30 days. And so there will be an
6 opportunity, certainly in a short window of time,
7 to address comments.
8 SENATOR PALUMBO: Would the Senator
9 yield.
10 ACTING PRESIDENT BENJAMIN: Does
11 the Senator yield?
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT BENJAMIN: The
14 Senator yields.
15 SENATOR PALUMBO: And I appreciate
16 that, Senator. But to be more specific, that was
17 a little bit different question than I asked.
18 So just very specifically, it "shall
19 not affect the validity thereof," at lines 46 and
20 47, as long as the certification is provided, and
21 the opportunity to comment, the executive order
22 will stand, is my question, please.
23 SENATOR GIANARIS: I'm sorry,
24 Senator Palumbo, my page numbers are off --
25 SENATOR PALUMBO: I'm sorry,
1179
1 it's -- I have it at page 2, but it's
2 Section 2(b).
3 SENATOR GIANARIS: Okay. Yeah, the
4 section reference will be more helpful, thank
5 you.
6 SENATOR PALUMBO: Certainly. Yes,
7 2(b), that last sentence.
8 SENATOR GIANARIS: Yeah, that
9 provision means that the directive will go into
10 effect in the interim.
11 SENATOR PALUMBO: Will the Senator
12 yield.
13 ACTING PRESIDENT BENJAMIN: Does
14 the Senator yield?
15 SENATOR GIANARIS: Yes.
16 ACTING PRESIDENT BENJAMIN: The
17 Senator yields.
18 SENATOR PALUMBO: Thank you,
19 Senator.
20 Now, in the event those comments are
21 provided -- and now we're further down the
22 road -- can you tell me what the Governor's
23 obligation is to do with those comments?
24 SENATOR GIANARIS: He is required
25 to respond on the record and in public.
1180
1 SENATOR PALUMBO: Would the Senator
2 yield.
3 SENATOR GIANARIS: Yes.
4 ACTING PRESIDENT BENJAMIN: The
5 Senator yields.
6 SENATOR PALUMBO: Can you point me
7 to the area of the bill where, if the Governor
8 fails to respond to those comments, there is some
9 sort of a sanction, meaning either invalidating
10 the executive order or something else?
11 SENATOR GIANARIS: Well, Senator
12 Palumbo, if he's not complying with the law, then
13 that would be violating the law. And someone can
14 go to court and get the directive invalidated.
15 SENATOR PALUMBO: Would the Senator
16 yield.
17 ACTING PRESIDENT BENJAMIN: Will
18 the Senator yield?
19 SENATOR GIANARIS: Oh, and -- I'm
20 sorry, there was one additional answer to that
21 question.
22 And the law very specifically states
23 that that directive cannot be continued beyond
24 the initial 30-day period if the responses have
25 not been received.
1181
1 SENATOR PALUMBO: Will the Senator
2 yield.
3 ACTING PRESIDENT BENJAMIN: Does
4 the Senator yield?
5 SENATOR GIANARIS: Yes.
6 ACTING PRESIDENT BENJAMIN: The
7 Senator yields.
8 SENATOR PALUMBO: Can you direct me
9 to that section, please, Senator? Because I
10 don't see it.
11 SENATOR GIANARIS: Yes. It is
12 Section 2(f). I think on your bill it would be
13 page 3, line 25.
14 SENATOR PALUMBO: Got it.
15 Would the Senator yield.
16 SENATOR GIANARIS: Yes.
17 ACTING PRESIDENT BENJAMIN: The
18 Senator yields.
19 SENATOR PALUMBO: So in that
20 regard, Section (f), no directive may -- not
21 shall -- be extended or modified more than once
22 unless the Governor has responded, including
23 electronically, to any comments provided by the
24 chairs of any relevant committee, and then it
25 goes on.
1182
1 So that relevant section, it may not
2 be extended or modified. But the way I read
3 that, the order that would currently be in effect
4 for that 30 days is still valid. Is that
5 accurate?
6 SENATOR GIANARIS: That is not
7 accurate.
8 SENATOR PALUMBO: Will the sponsor
9 yield?
10 ACTING PRESIDENT BENJAMIN: Does
11 the Senator yield?
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT BENJAMIN: The
14 Senator yields.
15 SENATOR PALUMBO: Senator, then
16 explain to me how that line, which -- just the
17 plain meaning of it, it says no directive may be
18 extended or modified more than once unless the
19 Governor has responded. Can you explain to me
20 how you come to that conclusion?
21 SENATOR GIANARIS: It's plain
22 English, Senator Palumbo. No directive may be
23 extended or modified more than once. So after
24 the initial 30-day period, he can no longer
25 extend or modify that directive without
1183
1 responding to the comments.
2 SENATOR PALUMBO: Would the Senator
3 yield.
4 ACTING PRESIDENT BENJAMIN: Does
5 the Senator yield?
6 SENATOR GIANARIS: Yes.
7 ACTING PRESIDENT BENJAMIN: The
8 Senator yields.
9 SENATOR PALUMBO: And I get it. So
10 the operative language that you just said was in
11 addition -- for an additional 30-day period.
12 SENATOR GIANARIS: Well, it says
13 more than once. So that's -- once is the first
14 30 days.
15 SENATOR PALUMBO: And so my
16 question would be, the original one, though, the
17 original extension would actually still be
18 effective, correct?
19 SENATOR GIANARIS: For 30 days,
20 correct.
21 SENATOR PALUMBO: Understood.
22 Well, thank you, Senator Gianaris.
23 On the bill, please.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Palumbo on the bill.
1184
1 SENATOR PALUMBO: Mr. President,
2 regarding Commissioner Zucker, I think it's been
3 revealed in the past 24 hours as well that he has
4 become a henchman of the Governor. Commissioner
5 Zucker was more than less than truthful, if that
6 makes sense. I don't want to use the word
7 "liar," but you know what I'm saying.
8 This man was specifically asked
9 about this information and said he didn't have
10 it. He was asked throughout the summer, he was
11 asked in October. And in light of what we've
12 heard over the past 24 hours, and the
13 February 7th phone call where the Secretary to
14 the Governor said "We panicked and didn't give
15 that information to the Legislature and public
16 because of a federal investigation," is also
17 untrue.
18 Let's talk about the timeline. That
19 report that was intentionally modified, reducing
20 the numbers from 10,000 to 6,000 and change,
21 according to that report, was in July. The first
22 interaction this government had relative to that
23 information with the federal government was an
24 inquiry on August 26th, almost two months later,
25 a full month and change later. And the feds gave
1185
1 14 days to respond.
2 The Governor, the award-winning
3 Governor, also was writing and published a book
4 in October. So put this timeline together. What
5 Melissa DeRosa said in February, a month or so
6 ago, that they panicked because of the federal
7 investigation and didn't provide that, is a lie.
8 I'll use that word. She was not being truthful
9 to the legislators she was on the phone with.
10 So we've got confirmation, based
11 upon that timeline, that there was intentional
12 concealment. Zucker gave the party line -- and
13 look, Commissioner Zucker has got all the bells
14 and whistles, one of the most educated people
15 I've seen in my lifetime, but he is under the
16 thumb of the second floor.
17 Why is that relevant? Because now,
18 in order to maintain all of this power that we're
19 now extending past April 30th, we simply need a
20 certification from the Governor's good buddy and
21 appointed commissioner, Dr. Howard Zucker.
22 Dr. Zucker is driving the bus to just simply give
23 a certification that this -- that what the
24 Governor is seeking to do is for the good of the
25 public health, period. And then there's comments
1186
1 that need to be responded to.
2 An adequate response is to simply
3 respond. The Governor has to alleviate concerns
4 however he sees fit. And if those respective
5 chairs and leaders of the Senate and Assembly are
6 not satisfied, so what? That's what he can say.
7 As long as he responds, under this language, he's
8 fine: It shall not affect the validity thereof.
9 So this is the wrinkle that we're dealing with.
10 And, you know, from a general sense,
11 just to wrap up quickly, in a general sense the
12 reason why we need to not let this man continue
13 to control -- and look, I was down the hall in
14 the Assembly and I voted for his powers as well
15 last year. Because at the time, when it comes to
16 procurement of PPE, ventilators, we had no idea
17 what was in front of us. We knew nothing about
18 this virus. Our county executives and local
19 municipalities knew nothing about this virus.
20 But now we do.
21 And quite frankly, the Governor has
22 been exposed as a very different person than we
23 thought he was. Very different. And he, quite
24 frankly, has abused that power. When you think
25 of -- why would he change that number if he were
1187
1 truly transparent in July on that report? You
2 know why? Because he's seeking personal gain by
3 writing a book. He knows that if he gets
4 tarnished publicly as the state with the leading
5 deaths, his Leadership Lessons isn't going to be
6 a New York Times bestseller, like it was.
7 That, as a former prosecutor myself,
8 just like Senator Lanza said, that is a wrinkle,
9 my friends. And that's a problem. The cover-up
10 is worse than the crime.
11 But this is a man that we're
12 continuing to have -- that has unfettered control
13 over the state. And look, we have debate,
14 Mr. President. You and I may not agree on a lot
15 of issues, but that's the deliberative process.
16 That's government. And that's good government.
17 And that's what we want to have
18 happen. We don't want to extend him out with
19 some very limited restrictions which don't have
20 any teeth -- and there is no sanction if he in
21 fact doesn't properly comment.
22 So I appreciate Senator Gianaris's
23 time, and I understand where this is trying to
24 go. But this does not go far enough at all. The
25 Governor has been exposed. He has not properly
1188
1 informed us. He and his staff have lied to us.
2 Why are we continuing to trust this man to be
3 transparent and make decisions that are going to
4 be in the best interests of this state?
5 We need to restore control locally,
6 we need to restore control to this body, and I
7 urge a no vote on this legislation.
8 Thank you, Mr. President.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Stec.
11 SENATOR STEC: Thank you,
12 Mr. President. Would Senator Gianaris yield,
13 please.
14 ACTING PRESIDENT BENJAMIN: Will
15 the Senator yield?
16 SENATOR GIANARIS: I will. And let
17 me -- I've just been told it's important that we
18 hold the microphones close to our mouths for the
19 sound system to pick it up. So let me remind my
20 colleagues about that.
21 Yes, I yield.
22 ACTING PRESIDENT BENJAMIN: The
23 Senator yields.
24 SENATOR STEC: Thank you,
25 Mr. President.
1189
1 We've all seen in recent months what
2 a disaster the vaccine distribution rollout has
3 been. Seniors are having a hard time getting
4 online and tracking down a place to get their
5 vaccine -- and then when they do, there's great
6 confusion.
7 Senator, many people from your part
8 of the state have been traveling north in the
9 dead of winter, on wintry roads, to my part of
10 the state to get a vaccine that's going to save
11 their life. There's a great deal of concern
12 about how well the vaccines are or are not
13 rolling out.
14 So through you, Mr. President, does
15 this bill before the house today do anything to
16 rescind the punitive measures established in
17 Executive Orders 202.86 and 202.88, which
18 implement substantial fines on healthcare
19 facilities and providers for failing to follow
20 the Governor's explicit guidance on the vaccine
21 distribution?
22 SENATOR GIANARIS: I would answer
23 that question by pointing out to Senator Stec
24 that if there's a specific directive with which
25 he disagrees, he can introduce a resolution to
1190
1 repeal it.
2 But to wholesale say all 60 existing
3 directives, which cover some very important
4 topics like mask wearing and attendance at arenas
5 and sporting events, would be foolish.
6 SENATOR STEC: So I understand the
7 answer to that question is no.
8 Would the sponsor continue to yield,
9 please.
10 ACTING PRESIDENT BENJAMIN: Does
11 the Senator yield?
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT BENJAMIN: The
14 Senator yields.
15 SENATOR STEC: All right, thank
16 you, Senator.
17 Does this bill do anything to
18 alleviate the confusion of Executive Order 202.91
19 that's caused by requiring certain facilities to
20 focus on vaccination of certain priority
21 populations?
22 SENATOR GIANARIS: We can stipulate
23 that any directive that is currently in effect
24 will continue in effect.
25 SENATOR STEC: All right, fair
1191
1 enough.
2 Would the sponsor continue to yield,
3 Mr. President.
4 ACTING PRESIDENT BENJAMIN: Does
5 the Senator yield?
6 SENATOR GIANARIS: Yes.
7 ACTING PRESIDENT BENJAMIN: The
8 Senator yields.
9 SENATOR STEC: Does this bill in
10 any way improve the communication and
11 collaboration between the state and local health
12 departments in regards to vaccine distribution?
13 SENATOR GIANARIS: Yes.
14 SENATOR STEC: It does? How?
15 SENATOR GIANARIS: It requires
16 notice and comment between any affected locality
17 as it relates to a specific directive.
18 SENATOR STEC: Thank you.
19 Would the Senator continue to yield,
20 please.
21 ACTING PRESIDENT BENJAMIN: Does
22 the Senator yield?
23 SENATOR GIANARIS: Yes.
24 ACTING PRESIDENT BENJAMIN: The
25 Senator yields.
1192
1 SENATOR STEC: Thank you.
2 Does the bill allow counties to
3 utilize mass vaccination plans they have had in
4 effect for years in order to more effectively and
5 efficiently distribute vaccine?
6 SENATOR GIANARIS: Can I ask
7 Senator Stec to repeat that? I missed the
8 beginning of the question.
9 SENATOR STEC: Sure. Does the bill
10 allow counties to utilize mass vaccination plans
11 that they have had in effect for years in order
12 to more effectively and efficiently distribute
13 the vaccine?
14 SENATOR GIANARIS: The bill does
15 provide additional authority to local governments
16 to issue executive orders.
17 Which I'm glad Senator Stec brought
18 this up, because currently there is a blanket
19 order, is my understanding, that prohibits local
20 governments from issuing orders related to the
21 pandemic.
22 This bill would effectively repeal
23 that order and say that local governments can now
24 issue their own orders so long as they don't
25 conflict with state directives.
1193
1 SENATOR STEC: All right. And
2 would the Senator continue to yield, please.
3 ACTING PRESIDENT BENJAMIN: Does
4 the Senator yield?
5 SENATOR GIANARIS: Yes.
6 ACTING PRESIDENT BENJAMIN: The
7 Senator yields.
8 SENATOR STEC: Thank you.
9 Does the bill in any way help to
10 balance the distribution of vaccines across the
11 state so our upstate and rural counties are not
12 an afterthought?
13 SENATOR GIANARIS: If Senator Stec
14 has specific ideas on how to better distribute
15 vaccines, he should introduce legislation and the
16 Senate can consider it.
17 SENATOR STEC: I understand that's
18 a no as well.
19 Would the Senator continue to yield,
20 please.
21 ACTING PRESIDENT BENJAMIN: Does
22 the Senator yield?
23 SENATOR GIANARIS: Yes.
24 ACTING PRESIDENT BENJAMIN: The
25 Senator yields.
1194
1 SENATOR STEC: Thank you.
2 How does this bill in any way help
3 restore the balance between the Executive and the
4 Legislature in order to better improve the
5 efficacy of vaccine distribution throughout our
6 state?
7 SENATOR GIANARIS: The Governor
8 will no longer be able to issue new directives.
9 There's additional notice requirements to the
10 Legislature and comments and responses that would
11 be required. And, importantly, for the first
12 time the Legislature would have the ability to
13 repeal the state of emergency as a whole.
14 SENATOR STEC: All right. Would
15 the Senator --
16 ACTING PRESIDENT BENJAMIN: Senator
17 Stec, do you mind pulling your mic a little
18 closer?
19 SENATOR STEC: Oh, thank you.
20 Thank you, Mr. President.
21 Would the Senator continue to yield?
22 I'll change gears here.
23 SENATOR GIANARIS: Yes.
24 ACTING PRESIDENT BENJAMIN: The
25 Senator yields.
1195
1 SENATOR STEC: All right, thank you
2 very much, Senator.
3 On Wednesday, in a joint press
4 conference, Majority Leader Stewart-Cousins and
5 Speaker Carl Heastie announced an agreement on
6 the legislation before us today. After their
7 announcement, Speaker Heastie issued a clarifying
8 statement -- he titled it "Fact No. 5" -- quote,
9 "We did not negotiate the bill with the
10 Governor."
11 Leader Stewart-Cousins recently in
12 an interview said that she has had no contact
13 with the Governor on this. And very recently
14 Nick Reisman, of Spectrum News, had a
15 conversation with you where he tweeted that when
16 asked about the Governor's involvement, that you
17 flatly called it false that there was an
18 agreement and that was a subject between the
19 Senate and the Assembly with Governor Cuomo.
20 So my question to you, Senator, is
21 during the press conference that the Governor had
22 on Wednesday, Governor Cuomo said, and I quote,
23 "We've worked with the Legislature, we have an
24 agreement on a bill."
25 So my question is, did the Governor
1196
1 lie?
2 SENATOR GIANARIS: Yes. I think I
3 answered that very directly earlier today.
4 SENATOR STEC: I wanted to make
5 sure that I heard you. So the Governor lied.
6 Does that bother you that the
7 Governor lied?
8 ACTING PRESIDENT BENJAMIN: Senator
9 Stec, is that a question?
10 SENATOR STEC: Yes, I'm sorry.
11 Would the Senator continue to yield.
12 ACTING PRESIDENT BENJAMIN: Does
13 the Senator yield?
14 SENATOR GIANARIS: Yes.
15 ACTING PRESIDENT BENJAMIN: The
16 Senator yields.
17 SENATOR STEC: All right. Senator,
18 are you bothered that the Governor lied about
19 this legislation before us today?
20 SENATOR GIANARIS: There is so much
21 that this Governor has done that I'm bothered by.
22 So yes, that and many other things.
23 SENATOR STEC: Okay, I thank the
24 Senator for that. Would the Senator continue to
25 yield.
1197
1 ACTING PRESIDENT BENJAMIN: Does
2 the Senator yield?
3 SENATOR GIANARIS: Yes.
4 ACTING PRESIDENT BENJAMIN: The
5 Senator yields.
6 SENATOR STEC: All right, thank you
7 very much.
8 Another similar question that I -- I
9 appreciate your answer to the last one.
10 Apparently you and I agree that we have concerns
11 about the Governor's integrity.
12 My other question is over the past
13 several weeks we've had a lot of additional
14 disconcerting news beyond the effectiveness of
15 the Governor's decisions in nursing homes that he
16 made last year. We had an Attorney General's
17 report that came out that said that he has
18 grossly understated the nursing home deaths.
19 Then we had Melissa DeRosa, his key staff member,
20 have a secret meeting with Democrat members only
21 where she admitted that they lied and covered
22 this information up.
23 We've had alleged threats to a
24 former colleague of mine in the Assembly, Ron
25 Kim, that he was threatened personally by the
1198
1 Governor. Three women have bravely come forward
2 with allegations of sexual harassment and
3 inappropriate conduct.
4 And just last night, the Times and
5 the Wall Street Journal reported that Cuomo's
6 aides and the Department of Health and Dr. Zucker
7 doctored a nursing home report. So we were doing
8 a different kind of doctoring by the doctor last
9 year with regards to the report and the
10 information to the public.
11 And 14 members of your conference
12 wrote a week ago that they've had it and they
13 want to see these powers end by the Governor.
14 So my question to you, Senator, is
15 do you trust the Governor?
16 SENATOR GIANARIS: I haven't
17 trusted this Governor in a long time, Senator.
18 SENATOR STEC: Will the Senator
19 continue to yield, please.
20 ACTING PRESIDENT BENJAMIN: Will
21 the Senator yield?
22 SENATOR GIANARIS: Yes.
23 ACTING PRESIDENT BENJAMIN: The
24 Senator yields.
25 SENATOR STEC: I'm going to ask you
1199
1 if you can speak for your conference. Does your
2 conference trust the Governor's judgment and
3 trust the Governor's integrity?
4 SENATOR GIANARIS: I cannot speak
5 for my conference on that.
6 And I would also encourage the
7 Senator -- look, there have been numerous public
8 comments I and others have made on this topic.
9 With all respect, it is not the subject of the
10 legislation that we're debating today.
11 SENATOR STEC: Fair enough.
12 On the bill, Mr. President.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Stec on the bill.
15 SENATOR STEC: Thank you.
16 I focused my last question on the
17 question of trustworthiness. And I've been
18 listening to my colleagues debate this bill. The
19 last two in front of me are both former
20 prosecutors. I am not an attorney. I'm just a
21 former sailor, son of a Marine. So when it comes
22 to balls and strikes and true and untrue and fair
23 and unfair and lies or truth, I'm a pretty simple
24 person.
25 There's almost a hundred executive
1200
1 orders that we're talking about. The Governor
2 will continue to control, after today,
3 businesses, restaurant density, bars, the number
4 of people that can worship in a church or
5 synagogue, the size of our gatherings in our own
6 homes, whether our children are being educated
7 in-person in school or not, whether there will be
8 school sports or activities. He will continue to
9 control the vaccination program, who gets it, who
10 gets it when, where the vaccines go, when they
11 get there. He will continue to control who can
12 visit grandma and grandpa in a nursing home and
13 what the rules are in the nursing home. He
14 controls our courts, when our courts meet,
15 whether they can meet in-person or not. He
16 continues to control high school proms and
17 graduations. He controls weddings. These are
18 all items that the public is extremely aggravated
19 with.
20 So here's the simple truth, because
21 there's been much debate this morning about what
22 this bill does and doesn't do. And we're all
23 insiders here, and we all are legislators and we
24 work with this day to day. And there will be
25 confusion in the news tonight. But make no
1201
1 mistake, here's the simple truth. A week after
2 this bill is signed, the public will know who is
3 telling the truth on this debate today. Because
4 we will know -- the bar owners, the restaurant
5 owners, the business owners, the church
6 worshipers, the high school students, they're
7 going to be asking the questions: So what's
8 changed for me?
9 And a week from now when they
10 realize nothing has changed, they'll realize that
11 this side of the aisle had the truth on this
12 matter.
13 And we've talked a little bit about
14 the process here. And with five days' notice,
15 the Governor can make a change to any of these
16 hundred executive orders, he can make a change
17 with five days' notice to us, and we have an
18 opportunity to comment -- that's very nice. And
19 then, if we don't act, nothing happens, his new
20 order modification stands.
21 With three days, we can allow a bill
22 to age. So rather than this body letting the
23 Governor also be the Legislature, and maybe we
24 veto his actions or maybe not -- in the last
25 367 days we haven't opted to do that at all as a
1202
1 body. But with three days, he could propose, I
2 want to make this change, I want to put a sunset
3 on it, we're going to do this for 30 days.
4 And he could propose legislation to
5 us and we could consider the legislation, we can
6 debate the legislation, we can consult experts,
7 we can listen to the public, we can listen to our
8 editorial boards. We can make an informed
9 decision, we can give him the bill that he's
10 asking for, and he can sign it or veto it.
11 Oh, that's what our legislative
12 process is. That's how it's described in our
13 State Constitution. It's not a new idea. It's
14 the way it's set up. It's the way it's supposed
15 to work. But instead, this body is deciding to
16 allow that to be reversed.
17 We've had the Governor's aides and
18 the Department of Health doctor the July report.
19 We've had the Attorney General say that he's
20 grossly understated the number of deaths. His
21 top aide has admitted that they've lied and
22 covered this up from us and from the public.
23 You know, we're all busy people. We
24 all come from the communities. Us, we
25 legislators, we're all engaged, we're all engaged
1203
1 people. We have kids in the schools. We
2 volunteer for community activities. I myself am
3 a Scout, a volunteer Scout leader with my son's
4 Boy Scout troop.
5 The opening words of the Scout law
6 is "A scout is trustworthy." We all go into
7 these schools and we talk to schoolkids. We all
8 have kids that are looking up to us. I have a
9 15-year-old son that is seeing what kind of
10 cesspool his father works in. They're paying
11 attention. Our kids aren't stupid. They're
12 watching us, and they want to see what kind of
13 people, what kind of adults we are, because
14 that's going to model what kind of behavior
15 they're going to copy and what kind of people
16 they're going to be.
17 They're paying attention. The
18 public is watching us. And if we are going to
19 put our trust into somebody that has been caught
20 lying and covering up to us, bullying
21 legislators, harassing staff -- and we're going
22 to give him more authority and more power? I
23 won't stand for that, Mr. President. I will be
24 opposed to this bill.
25 And again, the simple truth is a
1204
1 week after this bill is signed, the rest of
2 New Yorkers will know who is arguing truthfully
3 today and who is not.
4 Thank you.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Borrello.
7 SENATOR BORRELLO: Thank you,
8 Mr. President. Can you hear me okay?
9 ACTING PRESIDENT BENJAMIN: I can
10 hear you loud and clear.
11 SENATOR BORRELLO: Thank you very
12 much. Will the sponsor yield for some questions?
13 ACTING PRESIDENT BENJAMIN: Does
14 the sponsor yield?
15 SENATOR GIANARIS: Yes, I will.
16 ACTING PRESIDENT BENJAMIN: The
17 Senator yields.
18 SENATOR BORRELLO: Thank you,
19 Senator Gianaris.
20 Our time is a little limited, I'm
21 told, so I'm going to try to get to the ones I'd
22 like to get to that are most germane -- that's
23 such a word here.
24 You know, I'm a small business
25 owner, a restaurant owner. And a lot of what has
1205
1 happened, the devastating impact of this
2 pandemic -- but really the devastating impact of
3 the executive orders on the hospitality
4 industry -- has been amazing. And now, here we
5 are, looking at what we thought was a light at
6 the end of the tunnel. Now, you said before that
7 you now believe that people will no longer have
8 to order food with a drink because you don't see
9 a public health impact of that.
10 So -- and I'm afraid the Governor is
11 going to disagree with you on that, by the way,
12 which may cause more litigation and more problems
13 and more people's licenses to be pulled.
14 Because, again, we know he disagrees with that.
15 So if this law passes today, what
16 about the 11 p.m. curfew? Will that be in place
17 for restaurant and bars?
18 SENATOR GIANARIS: That will depend
19 on the required certification, the detailed
20 reasons presented for any such directive.
21 SENATOR BORRELLO: So you're saying
22 that there is some scientific justification
23 somehow the coronavirus knows it's 11 p.m.?
24 SENATOR GIANARIS: I'm saying I
25 don't know whether there is or not, but I am not
1206
1 the one doing the certifying.
2 So if there's an -- if you are
3 correct, Senator Borrello, and there is no real
4 good reason why to set an arbitrary time limit,
5 then that directive will not be able to be
6 issued.
7 SENATOR BORRELLO: Mr. President,
8 will the sponsor continue to yield.
9 ACTING PRESIDENT BENJAMIN: Does
10 the Senator yield?
11 SENATOR GIANARIS: Yes.
12 ACTING PRESIDENT BENJAMIN: The
13 Senator yields.
14 SENATOR BORRELLO: So what you're
15 saying is this bill, which we're saying is
16 stripping the Governor's authority, doesn't
17 actually strip his power to continue to enforce
18 the 11 p.m. curfew, which if we were actually
19 repealing the power that was given to him a year
20 ago, that it would. So we have to have some kind
21 of a debate on the science of 11 p.m.
22 But let me ask you this, because
23 this is a pretty easy question, as far as I'm
24 concerned. What's the scientific justification
25 for people having to be seated to have a drink
1207
1 versus standing up and having a drink?
2 SENATOR GIANARIS: I don't know
3 that there is one.
4 SENATOR BORRELLO: Well, then so --
5 but you just said that we -- before --
6 ACTING PRESIDENT BENJAMIN: Senator
7 Borrello.
8 SENATOR BORRELLO: My error. Will
9 the sponsor continue to yield.
10 ACTING PRESIDENT BENJAMIN: Will
11 the Senator yield?
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT BENJAMIN: The
14 Senator yields.
15 SENATOR BORRELLO: Thank you.
16 But you said very clearly that
17 there's no scientific justification between
18 having food with a drink, but now you can't say
19 that in particular. So my question is, what
20 distinguishes standing up versus sitting down
21 versus having food with a drink, in your mind?
22 SENATOR GIANARIS: I'm not sure I
23 disagree with anything Senator Borrello is
24 saying.
25 I'm merely saying that if someone --
1208
1 you know, we, as we're discussing this bill
2 today, are not the experts in making this
3 decision and certification.
4 There is a process in this bill that
5 requires a very detailed explanation of the
6 public health impact of any suggested directive.
7 If you are correct -- and I tend to think you
8 are -- then any such directive will be invalid.
9 SENATOR BORRELLO: Will the sponsor
10 continue to yield.
11 ACTING PRESIDENT BENJAMIN: Does
12 the Senator yield?
13 SENATOR GIANARIS: Yes.
14 ACTING PRESIDENT BENJAMIN: The
15 Senator yields.
16 SENATOR BORRELLO: So if we had
17 just repealed the original order, the order that
18 came in that I voted against a year ago -- if we
19 were doing that right now instead of what we're
20 doing now, would restaurants tonight be able to
21 stay open past 11 p.m.?
22 SENATOR GIANARIS: You're assuming
23 that the Governor would sign whatever we pass
24 tonight? Or today, actually.
25 SENATOR BORRELLO: Will the sponsor
1209
1 continue to yield -- is that a -- is that a
2 follow-up?
3 ACTING PRESIDENT BENJAMIN: Does
4 the Senator yield?
5 SENATOR GIANARIS: Yes.
6 ACTING PRESIDENT BENJAMIN: The
7 Senator yields.
8 SENATOR BORRELLO: Well, you know,
9 you have the power, you have enough people to
10 override that. So let's assume it doesn't matter
11 if he signs it or not.
12 SENATOR GIANARIS: Yeah, I'm -- and
13 I'm being technical, because you're asking if it
14 would happen tonight. If we pass a bill, we have
15 to transmit it to him, he has 10 days, then we
16 could override. So I don't know if it would be
17 tonight.
18 But at the point of when this bill
19 would be enacted into law -- this hypothetical
20 bill, I guess, to repeal the powers outright --
21 then all the directives would presumingly go
22 away.
23 SENATOR BORRELLO: Will the sponsor
24 continue to yield.
25 ACTING PRESIDENT BENJAMIN: Does
1210
1 the Senator yield?
2 SENATOR GIANARIS: Yes.
3 ACTING PRESIDENT BENJAMIN: The
4 Senator yields.
5 SENATOR BORRELLO: Well, there we
6 have it. If you passed what we have introduced
7 21 times now, this would all go away within 10
8 days. And this is clearly not that.
9 So how -- this is my question. How
10 can you consider this stripping the Governor's
11 power when clearly, if you actually strip the
12 Governor of the original power you gave him, it's
13 a far, far difference between what we have here.
14 SENATOR GIANARIS: It's a great
15 question.
16 And the answer is not only that
17 particular directive that Senator Borrello seems
18 to dislike would go away, but so would directives
19 related to mask mandates, capacity at arenas,
20 vaccination rules, all sorts of things that I
21 think we can agree are important.
22 I would suggest the better way to
23 handle a problem with a specific directive is
24 introduce a resolution to repeal that
25 directive -- which a majority vote of the
1211
1 Legislature, without the Governor's signature,
2 would overturn.
3 SENATOR BORRELLO: Will the sponsor
4 continue to yield.
5 ACTING PRESIDENT BENJAMIN: Does
6 the Senator yield?
7 SENATOR GIANARIS: Yes.
8 ACTING PRESIDENT BENJAMIN: The
9 Senator yields.
10 SENATOR BORRELLO: So on that note
11 of, you know, the importance of safety, I get
12 that. I understand what you're saying there.
13 But I believe that that's a local
14 government decision which is what's happened in
15 other areas. And I believe you think it is as
16 well. Because back on March 2nd, on WCBS Radio,
17 you said, quote: "Local governments would
18 maintain their ability to issue orders for their
19 own localities. So if the City of New York, for
20 example, has a different view, they will be able
21 to assert themselves."
22 Can you please show me in the bill
23 where that is?
24 SENATOR GIANARIS: When did I say
25 that?
1212
1 SENATOR BORRELLO: That would be
2 March 2nd, on WCBS Radio 880. Would you like me
3 to read the quote again?
4 SENATOR GIANARIS: No, no, I don't
5 dispute that I said that.
6 There is -- I'm trying to find it
7 now. But there is a provision in the bill that
8 allows local governments the authority to issue
9 their own executive orders related to the
10 pandemic, a power that they are currently
11 explicitly prohibited from taking, as long as
12 they don't conflict with state directives.
13 SENATOR BORRELLO: Well, will the
14 sponsor continue to yield.
15 ACTING PRESIDENT BENJAMIN: Does
16 the Senator yield?
17 SENATOR GIANARIS: Yes.
18 ACTING PRESIDENT BENJAMIN: The
19 Senator yields.
20 SENATOR BORRELLO: So they can do
21 it if it doesn't conflict with the Governor's
22 executive order. So basically they can't do it,
23 right?
24 SENATOR GIANARIS: Unless there is
25 no conflicting state directive.
1213
1 SENATOR BORRELLO: Will the sponsor
2 continue to yield?
3 SENATOR GIANARIS: If I can continue
4 answering on that point, Senator Borrello put his
5 finger on something that troubles me, and that is
6 a state where -- I don't know how many local
7 governments. Sixty-two counties we have, a
8 little fewer local governments than that -- where
9 we have a patchwork of mask mandates and
10 vaccination rules and arena restrictions and
11 parts of the state that function like Texas
12 because their county execs decide they don't
13 believe in COVID, and other parts of the state
14 are doing it differently.
15 This is not a localized emergency.
16 It affects all of us. So if a particular county
17 with a large arena -- let's use New York City,
18 even though I know they wouldn't do this. But
19 let's say the Knicks are having a good year, God
20 bless them, I'm a fan. Let's say Madison Square
21 Garden is totally open at full capacity, 20,000
22 people or so sitting shoulder to shoulder, no
23 masks. And then those people don't all live in
24 New York City, then they're going to go back to
25 their homes. And those that contracted COVID,
1214
1 because that's a very dangerous circumstance to
2 allow, are going to spread it in their counties.
3 So I don't think we want to allow that.
4 The way to handle the complaints
5 about specific directives is introduce a
6 resolution that will repeal that specific
7 directive. Don't throw out all the good ones
8 that are pivotal to protecting public health
9 because you don't like one or two. Let's tackle
10 the one or two you don't like.
11 SENATOR BORRELLO: Will the sponsor
12 continue to yield.
13 ACTING PRESIDENT BENJAMIN: Does
14 the Senator yield?
15 SENATOR GIANARIS: Yes.
16 ACTING PRESIDENT BENJAMIN: The
17 Senator yields.
18 SENATOR BORRELLO: So you're saying
19 that in -- that there are counties in New York
20 that aren't following the rules?
21 SENATOR GIANARIS: No. I am saying
22 that if you tell the counties they are not under
23 the jurisdiction of state directives, some may
24 opt to go in a different direction.
25 SENATOR BORRELLO: Will the sponsor
1215
1 continue to yield?
2 ACTING PRESIDENT BENJAMIN: Does
3 the Senator yield?
4 SENATOR GIANARIS: Yes.
5 ACTING PRESIDENT BENJAMIN: The
6 Senator yields.
7 SENATOR BORRELLO: So to kind of
8 follow that line of thinking, so we're saying
9 there's a specific scientific direct correlation
10 between people gathering in large numbers and how
11 that ends up putting people into the hospital
12 with COVID.
13 So are you aware of how many people
14 are in the hospital in New York versus the state
15 of Florida? You probably know where I'm --
16 SENATOR GIANARIS: I will -- I
17 will -- I will submit that if Senator Borrello
18 wants to use Florida's response to COVID or
19 Texas's response to COVID as a model, he truly is
20 in the minority. Which I know he is, in a
21 technical sense, in this chamber. But I believe
22 he's in the minority as it relates to the entire
23 state.
24 SENATOR BORRELLO: Will the sponsor
25 continue to yield?
1216
1 ACTING PRESIDENT BENJAMIN: Does
2 the Senator yield?
3 SENATOR GIANARIS: Yes.
4 ACTING PRESIDENT BENJAMIN: The
5 Senator yields.
6 SENATOR BORRELLO: Okay, so we
7 don't want to answer the question that there's
8 actually more people in the hospital with COVID
9 in New York State than in the State of Florida.
10 I get that.
11 So here's another question. You
12 mentioned before that there are -- anything
13 that's not directly related to public health will
14 now be invalid automatically.
15 So the Governor ordered all police
16 agencies under his emergency authority, he did an
17 EO to direct them to have a police reform package
18 plan delivered by April 1st to the Governor, and
19 under the threat of being able to instantly
20 modify their budgets under his executive
21 authority, and the emergency powers, to cut their
22 budgets. That is only because he has this
23 emergency authority right now.
24 So do those police agencies now
25 still have to deliver that April 1st deadline?
1217
1 SENATOR GIANARIS: I don't believe
2 that the order Senator Borrello is referring to
3 is pursuant to his pandemic powers. If I'm
4 mistaken, then presumably that would not be in
5 effect. But I think that order is irrespective
6 of the emergency powers we're talking about
7 today.
8 SENATOR BORRELLO: Will the sponsor
9 continue to yield?
10 ACTING PRESIDENT BENJAMIN: Does
11 the Senator yield?
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT BENJAMIN: The
14 Senator yields.
15 SENATOR BORRELLO: Okay. So let's
16 assume for the moment that they have to deliver
17 this under some other order. Will the Governor
18 still have the power to cut their budgets if they
19 don't? That's something that's clearly from his
20 pandemic authority.
21 SENATOR GIANARIS: I -- I'm -- I
22 don't believe that's correct.
23 SENATOR BORRELLO: Will the sponsor
24 continue to yield?
25 ACTING PRESIDENT BENJAMIN: Does
1218
1 the Senator yield?
2 SENATOR GIANARIS: Yes.
3 ACTING PRESIDENT BENJAMIN: The
4 Senator yields.
5 SENATOR BORRELLO: So -- and
6 actually, Senator Gianaris, when we passed this
7 law, we gave him the right to make adjustments to
8 the budget on his own.
9 Therefore, that pandemic authority
10 gave him the right to cut the budgets of those
11 police departments because of the emergency
12 authority. Which he will still have and still
13 enjoy after we pass this.
14 So I'm going to ask again, will he
15 be able to, in your opinion, your opinion, cut
16 the budgets of police agencies that don't deliver
17 those plans by April 1st?
18 SENATOR GIANARIS: I think
19 Senator Borrello, with respect, is conflating two
20 separate issues. There is the budget powers that
21 were granted as part of the budget process, and
22 then my understanding is the directive power
23 under -- that we're dealing with today is
24 separate from that.
25 If I'm mistaken, then I would agree
1219
1 with you that that issue does not seem to be
2 related to public health as this bill would
3 envision. But I'm not sure that it fits within
4 what we're dealing with today.
5 SENATOR BORRELLO: Will the sponsor
6 continue to yield?
7 ACTING PRESIDENT BENJAMIN: Does
8 the Senator yield?
9 SENATOR GIANARIS: Yes.
10 ACTING PRESIDENT BENJAMIN: The
11 sponsor yields.
12 SENATOR BORRELLO: So,
13 Senator Gianaris, you brought up several times
14 that we should introduce legislation if we don't
15 like something.
16 And I will point out that I've --
17 myself and my colleagues have introduced many
18 pieces of legislation. Myself here in the
19 Senate, and Andy Goodell in the Assembly,
20 introduced a bill to curb the Governor's
21 authority more than six months ago. That bill
22 has never come before this body.
23 So my question to you is, if we do
24 introduce these bills, would you be open to
25 bringing them forward and letting us vote on
1220
1 them? Because that really hasn't happened.
2 the -- go ahead, I'm sorry.
3 SENATOR GIANARIS: Thank you,
4 Senator Borrello.
5 The -- it's my understanding that
6 there haven't been any joint resolutions
7 introduced to repeal specific directives.
8 Now -- I'm sorry, Senator, let me
9 just conclude.
10 SENATOR BORRELLO: Go ahead.
11 SENATOR GIANARIS: I think what
12 you're referring to is perhaps a piece of
13 legislation you've introduced, which is actually
14 harder to get done, because you need the
15 Governor's signature.
16 To repeal a directive, it's just a
17 majority in the Senate and a majority in the
18 Assembly, and it's repealed. The Governor has no
19 say over it. So you might want to go in that
20 direction, a bit of advice.
21 SENATOR BORRELLO: Will the sponsor
22 continue to yield?
23 ACTING PRESIDENT BENJAMIN: Will
24 the Senator yield?
25 SENATOR GIANARIS: Yes.
1221
1 ACTING PRESIDENT BENJAMIN: The
2 Senator yields.
3 SENATOR BORRELLO: So assuming this
4 passes today, we can expect that Republican-led
5 legislation will be voted on in the coming weeks
6 and months. Is that what you're saying?
7 SENATOR GIANARIS: It will be
8 considered in due course, as we always do.
9 SENATOR BORRELLO: Will the sponsor
10 continue to yield.
11 ACTING PRESIDENT BENJAMIN: Will
12 the Senator yield?
13 SENATOR GIANARIS: Yes.
14 ACTING PRESIDENT BENJAMIN: The
15 Senator yields.
16 SENATOR BORRELLO: That's a lawyer
17 answer.
18 Would you please confirm that we
19 will have a bipartisan effort to repeal the most
20 egregious parts of the Governor's continued
21 executive authority?
22 SENATOR GIANARIS: Senator
23 Borrello, you and I are often in this chamber;
24 we're among the few, because you often
25 participate in discussion on bills, which I
1222
1 appreciate. I sat here yesterday and watched you
2 rave and congratulate Senator Hinchey for working
3 in a bipartisan fashion to get a piece of
4 legislation done. So obviously we do that when
5 the issues warrant.
6 So introduce a resolution or a bill.
7 If it's a good one, it will be considered. And
8 if it's not, it will go through the legislative
9 committee process like any other proposal.
10 SENATOR BORRELLO: Mr. President,
11 on the bill.
12 ACTING PRESIDENT BENJAMIN: Senator
13 Borrello on the bill.
14 SENATOR BORRELLO: First of all,
15 thank you, Senator Gianaris.
16 You know, folks, we had a light at
17 the end of the tunnel. April 30th was going to
18 be the end of this. And now all of a sudden that
19 light has been extinguished. And what's going to
20 happen is all of us, every single Senator and
21 Assemblyperson, is going to be getting phone
22 calls, phone calls from their constituents asking
23 what about now, what's going to happen now?
24 We're going to -- restaurant owners
25 are going to ask, Can I keep my restaurant open
1223
1 past 11 o'clock? And the answer is going to be
2 no. We're going to have brides-to-be that had
3 their weddings canceled last year that are going
4 to be saying, Can I have my friends all sitting
5 together at one table at my wedding like they can
6 at a restaurant? And the answer is going to be
7 no, because just last week we saw new orders come
8 out from this Health Department saying that only
9 people that are related to one another can be
10 seated at the same table at a wedding. But those
11 same people, that's not a problem at a
12 restaurant. So the answer to that bride-to-be is
13 going to be no.
14 For the thousands and thousands of
15 displaced restaurant workers that are struggling
16 to feed their families -- some of which have
17 turned to street vending. I saw that when I went
18 to Corona, Queens, people that used to work in
19 restaurants, one guy told me for 20 years. And
20 now, to feed his family, he's working 12, 14,
21 18 hours a day doing street vending. And if that
22 person were to ask, is this restaurant now going
23 to be able to reopen, are we going to lift those
24 restrictions, the answer is going to be no.
25 So you can dress this up any way you
1224
1 want. You can -- you can try to say that this is
2 a repeal, but clearly it's not. Because the
3 questions that we're going to have to answer, if
4 we're being honest with our constituents, is
5 going to be no.
6 And tragically, for those who lost
7 loved ones in nursing homes, if the same question
8 is asked, if they say will this stop this
9 Governor from doing that same thing again,
10 sending COVID-positive patients back into a
11 nursing home, will this bill stop that, the
12 answer, tragically, is no.
13 So they can dress this up all they
14 want. This isn't a repeal of his orders. We can
15 clearly see that there's a lot of confusion here
16 as it is. So I said this almost a year ago when
17 I voted against this bill. I said any
18 Legislature that would cede this much power to
19 the Executive will be reluctant to take it away.
20 And here we are, over a year later, and that's
21 exactly what we're seeing.
22 So, Mr. President, I'll be no on
23 this bill. Thank you.
24 ACTING PRESIDENT BENJAMIN: Senator
25 O'Mara.
1225
1 SENATOR O'MARA: Thank you,
2 Mr. President.
3 It's unfortunate today that we
4 have -- just on the bill initially.
5 ACTING PRESIDENT BENJAMIN: Senator
6 O'Mara on the bill.
7 SENATOR O'MARA: It's unfortunate
8 today that we coincidentally happen to have
9 microphone issues in the sound system in here,
10 because the sound coming out over the airwaves to
11 most people watching this comes in and out, from
12 what I've been watching.
13 But, you know, I'm used to getting
14 my microphone muted by this Majority. It has
15 been muted at committee meetings seeking to issue
16 subpoenas to look into and investigate the
17 Governor's abuse of his powers.
18 This bill before us today has
19 everything to do with legislative oversight, yet
20 this Senate has done nothing in regards to
21 legislative oversight for the past year and two
22 days since these emergency powers were granted to
23 the Executive -- despite the fact that the
24 Executive repeatedly lies to the Legislature,
25 does not provide information to the Legislature
1226
1 that it requests, and unilaterally dictates every
2 aspect of activities that can go on during this
3 pandemic, regardless to the rationality of
4 science or medicine.
5 Now, would the sponsor yield for a
6 question.
7 ACTING PRESIDENT BENJAMIN: Does
8 the Senator yield?
9 SENATOR GIANARIS: Yes.
10 ACTING PRESIDENT BENJAMIN: The
11 Senator yields.
12 SENATOR O'MARA: Senator Gianaris,
13 what involvement did the Governor or his
14 executive staff have in the formulating of this
15 legislation?
16 SENATOR GIANARIS: None.
17 SENATOR O'MARA: Are you aware of
18 any involvement the Governor or the executive
19 staff had with the Assembly?
20 ACTING PRESIDENT BENJAMIN:
21 Senator -- Senator O'Mara --
22 SENATOR O'MARA: Will he yield,
23 will the sponsor yield.
24 ACTING PRESIDENT BENJAMIN: Does
25 the Senator yield?
1227
1 SENATOR GIANARIS: Yes.
2 ACTING PRESIDENT BENJAMIN: The
3 sponsor yields.
4 SENATOR O'MARA: Are you aware of
5 whether the Assembly had any contact with the
6 Executive, the Governor or his staff, in regards
7 to the formulation and the agreement on this
8 legislation.
9 SENATOR GIANARIS: I don't know
10 firsthand, but I trust Speaker Heastie's
11 representation that they did not.
12 SENATOR O'MARA: And will you
13 yield, will the sponsor yield again.
14 ACTING PRESIDENT BENJAMIN: Will
15 the sponsor yield?
16 SENATOR GIANARIS: Yes.
17 ACTING PRESIDENT BENJAMIN: The
18 sponsor yields.
19 SENATOR O'MARA: So,
20 Senator Gianaris, just to -- just to hear it
21 again, you're saying today that when the Governor
22 came out yesterday in his press conference and
23 briefed everybody on this bill and said it was
24 the result of a three-way agreement, that the
25 Governor was lying?
1228
1 SENATOR GIANARIS: That's what I
2 said.
3 SENATOR O'MARA: Do you continue to
4 still think that the Governor is lying?
5 SENATOR GIANARIS: I have not
6 changed my mind in the last half hour.
7 (Laughter.)
8 SENATOR O'MARA: Thank you. Will
9 the sponsor continue to yield.
10 ACTING PRESIDENT BENJAMIN: Does
11 the sponsor yield?
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT BENJAMIN: The
14 sponsor yields.
15 SENATOR O'MARA: So this
16 legislation will allow every existing executive
17 order to continue every 30 days at the Governor's
18 prerogative, and he can modify and alter any of
19 these -- I've heard 60 or 96 executive orders
20 that are out there.
21 He can continue to do that every
22 30 days as long as he reports to the Legislature,
23 and you in the Majority can comment back to him
24 on those. Is that correct?
25 SENATOR GIANARIS: Well, anyone can
1229
1 comment. The Majority's comments would require a
2 response.
3 And I should also point out that the
4 modifications themselves are strictly limited to
5 numeric capacity changes and two or three
6 subjects that I delineated in the bill.
7 SENATOR O'MARA: If the sponsor
8 will yield.
9 ACTING PRESIDENT BENJAMIN: Does
10 the sponsor yield?
11 SENATOR GIANARIS: Yes.
12 ACTING PRESIDENT BENJAMIN: The
13 Senator yields.
14 SENATOR O'MARA: And by Concurrent
15 Resolution of the Assembly and the Senate, we can
16 end the pandemic, we can terminate his emergency
17 powers, or we can end any specific executive
18 order.
19 SENATOR GIANARIS: Senator O'Mara,
20 I wish we could end the pandemic by Concurrent
21 Resolution. We have the power to end the state
22 of emergency by Concurrent Resolution when we see
23 fit to do so.
24 SENATOR O'MARA: Well, we had the
25 power under -- excuse me. Through you,
1230
1 Mr. President.
2 ACTING PRESIDENT BENJAMIN: Does
3 the Senator yield?
4 SENATOR GIANARIS: Yes.
5 ACTING PRESIDENT BENJAMIN: The
6 Senator yields.
7 SENATOR O'MARA: Currently what we
8 have that expires April 30th, I believe the
9 Legislature can terminate that upon a Concurrent
10 Resolution of both houses.
11 SENATOR GIANARIS: I'm trying to
12 understand the question. The deadline itself,
13 you mean, could be terminated or --
14 SENATOR O'MARA: No. The -- his
15 powers could be terminated before April 30th
16 under the current law, by Concurrent Resolution.
17 SENATOR GIANARIS: Yeah, my
18 understanding is individual directives can be
19 terminated by Concurrent Resolution. I don't
20 think we can roll back the entire law that we
21 passed last year by Concurrent Resolution.
22 SENATOR O'MARA: If the sponsor
23 will yield.
24 SENATOR GIANARIS: Otherwise we
25 might be doing that today, instead of trying to
1231
1 pass a bill.
2 ACTING PRESIDENT BENJAMIN: Does
3 the Senator yield?
4 SENATOR GIANARIS: Yes.
5 ACTING PRESIDENT BENJAMIN: The
6 Senator yields.
7 SENATOR O'MARA: But we've been
8 able to for the past year, by Concurrent
9 Resolution, override or cancel any of the
10 Governor's executive orders that he has issued.
11 SENATOR GIANARIS: Yes.
12 SENATOR O'MARA: Through you,
13 Mr. President.
14 SENATOR GIANARIS: Yes.
15 ACTING PRESIDENT BENJAMIN: The
16 Senator yields.
17 SENATOR O'MARA: How many times
18 have we done that in the past year?
19 SENATOR GIANARIS: We have done
20 that zero times.
21 SENATOR O'MARA: On the bill.
22 ACTING PRESIDENT BENJAMIN: Senator
23 O'Mara on the bill.
24 SENATOR O'MARA: And I will suggest
25 that under this proposal where we can end any
1232
1 executive order at any time, this Majority will
2 continue zero times in taking that authority.
3 They're relying on a Governor saying
4 he has to report to the Majority, two people here
5 and two people in the Assembly, four people -- no
6 requirement that any of the rest of us get
7 informed -- allows those four people to comment
8 back to him on extension, modification or
9 altering of any one of his 96 executive orders.
10 And he has to receive those
11 comments, and he can ignore those comments. And
12 he has ignored the Legislature for a year, and he
13 will continue to do so. And we're going to allow
14 that, knowing that he's lied to us and the people
15 of the State of New York repeatedly over the
16 course of a year.
17 Has he listened to any comments? We
18 don't need to write -- we're legislators, we're
19 elected. We don't need permission to comment on
20 legislation. We on this side of the aisle, and
21 myself, we've been commenting all year on deaf
22 ears from the Executive.
23 We have moved 21 times to terminate
24 his executive powers. Every Democrat, for
25 21 times, has voted against that. The Majority
1233
1 has not moved to limit any one of these executive
2 orders and will not in the future, I'm sure of
3 it.
4 You know, the most devastating thing
5 the Governor did in this pandemic was his
6 March 25th order ordering COVID-positive hospital
7 patients into nursing homes. Over 9,000
8 COVID-positive patients were sent into nursing
9 homes.
10 The Governor came out on that with a
11 false report in July. And it's being reported as
12 of yesterday from the New York Times and the Wall
13 Street Journal that the Governor and his
14 executive staff pressured the Department of
15 Health to make that report look better because at
16 the time the Governor was worried more about
17 selling his novel about leadership than handling
18 a pandemic. Yet this Legislature stands here
19 today and continues to do nothing.
20 Talk about not responding to
21 comments. March 26th, the day after this
22 executive order -- after the order sending
23 COVID-positive patients into nursing homes, the
24 very day after, the American Medical Directors
25 Association, the Society of Post-Acute and
1234
1 Long Term Care, the association that oversees and
2 is the association nationally of nursing homes in
3 this country, came out with a statement that was
4 delivered to the Governor and Howard Zucker that
5 said that order is not consistent with science
6 and not in the least consistent with patient
7 safety principles.
8 It was March 26th. No action was
9 taken by the Executive in response to those
10 comments from the professional medical
11 association that oversees this.
12 It was reported in July, upon the
13 retirement of the Department of Health's Division
14 of Nursing Homes Director, Mark Kissinger, a
15 34-year veteran of the Department of Health
16 overseeing nursing homes in the state, on his
17 retirement he reported he had nothing to do with
18 that March 25th order. Who did?
19 That's why we've been asking for
20 subpoenas. That's why we demand an
21 investigation, a legislative investigation by the
22 Investigations and Government Operations
23 Committee that I am the ranking member on and
24 which the chair of that committee refuses to
25 issue subpoenas.
1235
1 Upon the reporting yesterday from
2 the New York Times and the Wall Street Journal on
3 the fraudulent nature of that report that was
4 issued in July that led to a mass exodus from the
5 Department of Health in the succeeding months,
6 those individuals need to be called to testify
7 before the Senate Investigations Committee as to
8 what went on, why, and how they were pressured to
9 make that report better for the Governor.
10 We had 15,000-plus nursing home
11 residents die of COVID in this state. And the
12 Governor wants us to believe that sending
13 9,000 COVID-positive hospital patients into
14 nursing homes didn't affect that number at all.
15 That flies in the face of common
16 sense, it's not rational, and the Empire Center
17 has established that in its reporting on the
18 numbers when they were finally released, seven
19 months later, after a lawsuit, after the Governor
20 and the Department of Health stonewalling,
21 stonewalling the Legislature and the
22 Empire Center from getting this information that
23 they're legally entitled to receive.
24 Yet this Legislature, this Senate,
25 continues to do nothing and continues today to
1236
1 allow the Governor to continue every 30 days to
2 extend, modify or alter every existing executive
3 order that's there today, indefinitely. It
4 doesn't end April 30th like it was going to. Now
5 it's indefinitely, until the Governor decides
6 that he's not going to do it anymore. Because
7 this Legislature isn't going to stop him.
8 He can continue every 30 days -- or
9 shorter, as long as he gives us notice --
10 modifying or altering these executive orders. He
11 can change the curfew time. He changed it once
12 already from 10 o'clock to 11 o'clock. Can
13 somebody tell me the medical or scientific
14 rationale that COVID now only comes out at
15 11 o'clock rather than 10 o'clock, it's sleeping
16 in an hour later every day?
17 It's a farce, and this Senate is
18 continuing to allow that to happen.
19 This Governor's executive orders
20 telling us how many people we can have in our
21 homes, he just modified it two days ago. But we
22 can still only have 10 people in our homes. This
23 is the United States of America, people. This is
24 not rationally based. There is no scientific or
25 medical evidence that the Governor has provided.
1237
1 And he continues to lie with us. He
2 continues to be power-hungry. He can say how
3 long restaurants and bars can be open. He can
4 say how many people can gather in a church, how
5 many people can gather in your home, how many
6 people can be in a restaurant. He can modify or
7 alter any one of the existing executive orders.
8 He can relax them or he can make them even more
9 restrictive, with us being able to do nothing
10 other than comment.
11 This legislation requires no
12 legislative approval of any of the Governor's
13 action on these existing executive orders that we
14 have today. And this is dangerous times, people.
15 The Governor is under siege with his nursing home
16 debacle that killed thousands of extra people
17 unnecessarily; sexual harassment accusations;
18 accusations of the Governor and his staff
19 threatening legislative members to get off his
20 back, to change their stories; the history of
21 abuse of staff in his office, of abusing
22 reporters because they're going to do some
23 damaging story. And we sit back and we do
24 nothing.
25 The Governor continues his executive
1238
1 powers unlimited, and we get the right to
2 comment, which he can ignore completely. And we
3 have no way to stop him other than a Concurrent
4 Resolution of the Assembly and Senate that we've
5 proven they refuse to do. And they refuse to get
6 involved in the operation of government, checks
7 and balances of this Executive and legislative
8 branches.
9 We do nothing. We say we have a
10 zero-tolerance policy on sex harassment
11 accusations, yet the leader of this Senate
12 yesterday said, Well, if a fourth victim comes
13 out, then the Governor should resign. Since when
14 does zero tolerance take four victims?
15 It's appalling. It's an outrage the
16 way this Legislature is operating. We need
17 investigations. We need the Senate and the
18 Legislature doing these investigations, despite
19 what other investigations may or may not be going
20 on. We don't know the subject matter of those.
21 We need to be engaged in the oversight of this
22 Executive that's abused his powers and will
23 likely do anything to buy his way out of this.
24 And when the majorities in this
25 house and in the Assembly have a $50 billion tax
1239
1 increase package out there, just exactly what is
2 this Majority getting for laying down and doing
3 nothing today and trying to lead people to
4 believe that they're doing something? It's a
5 farce, and the people of New York State know it.
6 Thank you, Mr. President.
7 ACTING PRESIDENT BENJAMIN: Are
8 there any other Senators wishing to be heard?
9 Seeing and hearing none,
10 Senator Gianaris to close on the bill.
11 SENATOR GIANARIS: Thank you,
12 Mr. President. On the bill.
13 I want to talk a little bit -- I
14 want to talk a little bit about what I heard from
15 my Republican colleagues and then talk on the
16 bill-in-chief as well.
17 And I would begin by asking them to
18 spare me the hypocrisy. Eight years the Senate
19 Republicans had the majority in this chamber
20 while this Governor was in his seat. Eight years
21 I sat on that side of the chamber and watched as
22 they didn't raise a finger to object to this
23 Governor -- starting with redistricting, almost
24 10 years ago -- because they believed they had a
25 deal. They believed the Governor was on their
1240
1 side. They believed the Governor wanted a
2 Republican Senate.
3 So for eight years, not a subpoena
4 issued, not a cross word said. It was all
5 hunky-dory when they were the ones cutting the
6 deals. In one term, our Majority has done more
7 to push back against this Governor than the
8 Republicans did in eight years in the majority.
9 So now the theatrics are in effect.
10 Now we're going to bang the table and yell about
11 dictatorships and what not. And we're actually
12 taking real steps to curtail the emergency powers
13 that were granted with almost unanimous support
14 in this chamber. I think there were four no
15 votes.
16 And so what have they done since
17 that time? Since they almost all agreed that
18 these emergency powers should exist, what have
19 they done to try and roll back any of them?
20 They've done hostile amendments every day.
21 Which, by the way, have no consequence even if
22 they were to pass. All that does is take the
23 bill that's on the floor off the floor.
24 But, importantly, the Legislature
25 was granted a power to repeal particular orders
1241
1 without the Governor's sign-off. If the Senate
2 agrees, the Assembly agrees, a particular
3 directive would go away.
4 So how many times did our Republican
5 friends introduce Concurrent Resolutions to
6 attempt to roll back one of the Governor's
7 directives? Mr. President, the answer is zero.
8 Zero. In a year.
9 Now, it's not that they don't know
10 how to introduce resolutions, because they've
11 done plenty of those. And I want to get this
12 right, so I have my notes with me. Republicans
13 since 2020 have introduced 74 Concurrent
14 Resolutions for consideration. They cover a lot
15 of broad topics. Some of them include the time
16 the Governor would have to appoint a department
17 head. Whether or not the Governor should be
18 required to have the State of the State in the
19 Assembly chamber as opposed to the Empire State
20 Plaza, where he's been having them in recent
21 years. Whether a bill can be introduced between
22 midnight and 8 a.m. There's one that wants to
23 increase the length of legislative terms from two
24 to four years. One to require biannual
25 budgeting, one to convey Forest Preserve land.
1242
1 This one's interesting, as it may
2 actually have application: Whether a Governor
3 can appoint a Lieutenant Governor to serve in the
4 case of a vacancy in that office.
5 And then some of my favorites, which
6 I believe were introduced by the Minority Leader
7 of the Senate himself. I'm not sure if it was
8 last year, so maybe he wasn't at the time. But
9 one would implement the clearly unconstitutional
10 system of electing governors by county in this
11 state. And my personal favorite, dividing the
12 state into three semiautonomous regions with
13 separate governors.
14 So there's all sorts of cockamamie
15 ideas that they figured out how to put into the
16 text of a resolution. What have they not done in
17 the last year? Introduced a single resolution to
18 repeal any of the Governor's directives.
19 So again, spare me. Spare me the
20 theatrics today. If you want to legislate, put
21 in a bill and try and get it done. Or put in a
22 resolution and try and get it done, I should say.
23 Instead, they do things that they hope get
24 attention but would have no practical consequence
25 even if they succeeded.
1243
1 I want to talk a little bit about
2 what we're trying to do with this legislation.
3 There are bills that we pass and consider all the
4 time that set broad parameters and then delegate
5 to agencies how to administer them. That is a
6 very common way of legislating.
7 So here's a way of looking at what's
8 happening today. A year ago the Governor was
9 granted powers to issue directives. Today, we're
10 taking that away from him. The question is, what
11 happens to all of the directives that were issued
12 in the interim?
13 The 60 directives -- I believe it's
14 90 executive orders, but 60 directives contained
15 within them, roughly -- we know what they are.
16 We talked about some of them today. They are
17 public. We are essentially voting to say these
18 directives will continue in effect and be
19 administered by the Executive, as we do on so
20 many other issues.
21 In fact, these have to be renewed
22 every 30 days, and we can reject them and repeal
23 them without the Governor's involvement.
24 So I hear about the importance of
25 democracy from a group of people that votes
1244
1 against every single bill to make it easier for
2 people to vote in this chamber. And I worry
3 about what would happen if we did go to a
4 scenario where the state did not have the ability
5 during the coronavirus pandemic to issue
6 important orders about mask mandates or arena
7 capacity or the implementation of vaccines and
8 who's allowed to give them, and so many others.
9 If those were to all go away today,
10 I daresay there would be some counties in this
11 state that would follow the path of Texas and
12 Florida -- we even heard Senator Borrello
13 reference Florida specifically, as a model, in
14 his mind -- where you could be in a COVID-denying
15 county. Everybody want to go sit, 200 people at
16 a bar? Go for it. Without regard to what would
17 happen when those people went home or back to
18 their counties of origin themselves and spread a
19 very deadly virus that hopefully is on the path
20 to being defeated.
21 With due respect, that is nuts, that
22 we would just say we want to eliminate mask
23 mandates, we want to eliminate arena
24 restrictions, we want to eliminate rules about
25 how the vaccine is being given and who can give
1245
1 it. That's not just nuts, it's dangerous and
2 would put people's public health in great, great
3 danger.
4 I'm proud I don't live in Texas.
5 And I'm proud I don't live in Florida. Because
6 in New York, this Legislature values people's
7 health and what we need to do to protect it.
8 This bill repeals the Governor's
9 ability to issue new directives. It implements
10 new standards for renewing ones that are
11 currently in effect. And for the first time, it
12 gives the Legislature the ability to repeal the
13 entire state of emergency without the Governor's
14 say-so.
15 It is a good bill, it's an important
16 bill, and I will encourage all my colleagues to
17 vote for it.
18 Thank you, Mr. President.
19 ACTING PRESIDENT BENJAMIN: Debate
20 is closed. The Secretary will ring the bell.
21 Read the last section.
22 THE SECRETARY: Section 7. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
1246
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN: Senator
3 Oberacker to explain his vote.
4 SENATOR OBERACKER: Thank you,
5 Mr. President.
6 Legislation is supposed to be a cure
7 for a problem, right a wrong, provide help for
8 those we represent. This bill is O for 3. The
9 legislation before us fails to help anyone with
10 the exception of the Governor.
11 The businesses, schools and local
12 governments in my district that have been looking
13 for answers regarding the never-ending edicts and
14 laws coming from the Governor will still have the
15 same questions after today.
16 When the owner of a baseball camp
17 losing reservations by the day calls me to say
18 how will this bill help him reopen and reassure
19 families from across the country that they can
20 come to upstate New York this summer, and how to
21 deal with it, I have nothing new to tell him.
22 Rental properties, restaurants, and countless
23 businesses that depend on tourism -- mainstays in
24 my district -- still have no answers or guidance
25 on how to plan for the future.
1247
1 When Unadilla Valley Motocross, the
2 longest continuously running pro motocross
3 facility in the United States, wants to know how
4 to plan and avoid closing forever, my answer to
5 today is the same as it was yesterday: It's up
6 to the Governor.
7 And these are just a few examples.
8 Trust me. If I listed all of the unanswered
9 questions that constitute the pandemic and where
10 these unscientific regulations are coming from --
11 the Governor -- we would be here all day. When
12 New Yorkers went to bed last night, there were
13 96 executive orders in place. When they go to
14 bed tonight, there will be still 96 executive
15 orders in place. The exact same mandates on
16 businesses, restrictions on our freedoms, and
17 lack of constitutional checks and balances.
18 And who are we leaving in charge? A
19 Governor who is under multiple investigations,
20 faces charges of sexual harassment, and has
21 ordered his administration to hide the facts
22 about deaths in our nursing homes. It's a
23 disgrace and an affront to every voter across the
24 state.
25 I took an oath of office, the same
1248
1 as every member of this house. The oath includes
2 the line to faithfully discharge my duties as a
3 New York State Senator. Discharge does not mean
4 abandon.
5 I want to quote a former great
6 New York Governor, Theodore Roosevelt. In any
7 moment of decision, the best thing you can do is
8 the right thing. The next best thing you can do
9 is the wrong thing. And the worst thing you can
10 do is nothing. This bill does nothing, and I
11 will be voting in the negative.
12 Thank you, Mr. President.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Oberacker to be recorded in the negative.
15 Senator Reichlin-Melnick to explain
16 his vote.
17 SENATOR REICHLIN-MELNICK:
18 Mr. President, I rise in support of this bill.
19 Today we are finally rolling back
20 the Governor's expanded executive powers and
21 reinstituting checks and balances. This is an
22 important and a necessary step.
23 The extraordinary crisis that
24 New York faced last spring called for
25 extraordinary measures. And though I was not in
1249
1 the Legislature last year, I understand why my
2 colleagues approved the bill expanding the
3 Governor's emergency powers on an overwhelmingly
4 bipartisan vote.
5 But recent revelations, including in
6 the New York Times just last night, have made it
7 clear that we can no longer be confident that
8 this Governor is using his executive powers
9 wisely. An administration that conceals data
10 from the public and stonewalls the Legislature
11 cannot be trusted with the authority to issue
12 unilateral emergency directives.
13 This bill ends the Governor's
14 authority to issue new directives. Existing
15 directives can only be extended or modified based
16 on essential public health needs, and only for an
17 additional 30 days at a time. The Legislature
18 will gain new authority to review and question
19 the administration's directives before they go
20 into effect and will gain the ability to declare
21 an end to a state of emergency.
22 Now, as we move into the second year
23 of the COVID pandemic, we can finally see a light
24 at the end of the tunnel. But we have to
25 remember that despite all the progress we've
1250
1 made, this virus is still killing several hundred
2 New Yorkers every single week. We can't afford
3 to follow the lead of states like Texas that have
4 recklessly abandoned their efforts to halt the
5 spread of the virus.
6 My colleagues in the Minority seem
7 to want us to head down that path. Their
8 proposals would lead to the end of statewide
9 rules on masks, limitations on large indoor
10 events, and other critical aspects of our COVID
11 response. Frankly, it's the same approach taken
12 by the former president, who still leads their
13 party: Denial of the reality of this deadly
14 pandemic, and an embrace of political theater in
15 place of serious policy.
16 Like all of us, I want things to get
17 fully back to normal as soon as we can, but
18 wishing won't make it happen. COVID remains a
19 threat that we cannot ignore. This bill balances
20 the need to rein in unilateral actions by the
21 Executive and reassert the authority of the
22 Legislature with the need to maintain essential
23 protections for public health.
24 I'm proud to vote yes.
25 ACTING PRESIDENT BENJAMIN: Senator
1251
1 Reichlin-Melnick to be recorded in the
2 affirmative.
3 Senator Rath to explain his vote.
4 SENATOR RATH: Thank you,
5 Mr. President.
6 I open with a question. Why is this
7 not a simple repeal of the Governor's emergency
8 powers? Members of the Majority have been
9 talking a good game about the need to repeal the
10 Governor's authority; unfortunately, this bill
11 does not back that up.
12 ACTING PRESIDENT BENJAMIN:
13 Senator Rath, is your mic on?
14 SENATOR RATH: Should I start over?
15 ACTING PRESIDENT BENJAMIN: Sure.
16 SENATOR RATH: Thank you,
17 Mr. President. I appreciate your indulgence.
18 Sorry about that.
19 I need to open with a question. My
20 question is this. Why is this not just a simple
21 repeal of the Governor's emergency powers?
22 Members of the Majority have been talking a good
23 game about the need to repeal the Governor's
24 emergency powers. However, they have not been
25 backing up that talk at all.
1252
1 This should be easy, folks. We
2 should vote on a clean break. We should vote on
3 a clean repeal that has no strings attached.
4 Last year the State Legislature
5 passed a law giving the Governor his emergency
6 powers. If this Legislature agrees that those
7 special powers should be repealed, then present
8 us a simple bill that repeals the previous
9 sections of law. In fact, both Senators Helming
10 and Biaggi have bills that would do just that.
11 The fact that it is taking this long
12 to draft this legislation to repeal the
13 Governor's executive powers proves that this is
14 not a straightforward repeal deal. What this
15 bill is, is a doubling-down on partisan deals and
16 how they are made in Albany in the backrooms.
17 Let me be clear. New Yorkers have had enough of
18 typical Albany backroom deals.
19 This is insufficient, and it is
20 disrespectful of the coequal branches of state
21 government in our great state. By the Governor's
22 own admission, he has preapproved this bill and
23 he helped construct it.
24 Furthermore, it is explicitly only
25 requiring to report to members of the Majority
1253
1 who chair certain committees. If the recent
2 events involving our nursing homes have taught us
3 anything -- I repeat, taught us anything -- it is
4 that politics and one-party rule cannot be
5 trusted when it comes to transparency and
6 disclosure in New York State.
7 It is only right that all committee
8 leadership, both chairs and ranking members, have
9 access to this critical information in our state.
10 This bill is nothing more than a
11 wolf in sheep's clothing and an extension of the
12 status quo. It's business as usual in New York
13 State, folks, business as usual. And that is
14 shameful.
15 In closing, Mr. President, this is a
16 sad day for New Yorkers who thought we were
17 taking real action today. It is also a sad day
18 for our esteemed State Legislature. Despite two
19 ongoing investigations of the Governor and
20 numerous successful lawsuits striking down
21 orders that have pushed small businesses to the
22 brink, this Majority cannot find the courage to
23 pass a simple, straightforward bill to repeal the
24 executive powers.
25 For these reasons, Mr. President, I
1254
1 vote nay. Thank you.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Rath to be recorded in the negative.
4 Senator Ramos to explain her vote.
5 SENATOR RAMOS: Thank you,
6 Mr. President, for allowing me to explain my vote
7 today.
8 I want to begin by thanking our
9 supermajority leader, Andrea Stewart-Cousins, for
10 sponsoring this bill.
11 Since the start of this pandemic
12 we've lost tens of thousands of New Yorkers
13 statewide. Two million go to bed hungry every
14 day. Three-quarters of a million New Yorkers are
15 unemployed. Two hundred thousand are facing
16 evictions only in the City of New York. And
17 nearly a third of small businesses in New York
18 City are estimated to close their doors and never
19 reopen again.
20 As the Senator representing the
21 epicenter of the epicenter of this pandemic, I
22 get calls every day from my constituents about
23 how hard this pandemic has hit them. My
24 neighbors who are grieving their loved ones while
25 struggling to put food on their tables and keep a
1255
1 roof over their heads have had to watch this
2 Governor win awards and write, sell and promote a
3 book while simultaneously dismissing their cries
4 for meaningful relief at every turn. In fact,
5 hundreds of them are marching in the streets of
6 New York today.
7 And as reports continue to come out
8 about the mishandling of nursing home data and
9 allegations of sexual harassment surface, I along
10 with so many other New Yorkers am deeply
11 embarrassed and disgusted, but not surprised.
12 When COVID-19 hit our state, we
13 granted emergency powers to the Governor in order
14 to expedite a response to this pandemic we knew
15 very little about. But we've seen a response
16 that's largely driven by his ego and his donors.
17 Knowing full well how the Governor
18 and this administration actually choose to
19 operate, the very bare minimum we can do for
20 New Yorkers right now is rescind his emergency
21 powers immediately. This Governor's inability to
22 see outside of his own ego cannot continue to go
23 unchecked -- not when the lives of New Yorkers
24 are at stake.
25 Thank you, Mr. President.
1256
1 ACTING PRESIDENT BENJAMIN: Senator
2 Ramos to be recorded in the affirmative.
3 Senator Akshar to explain his vote.
4 SENATOR AKSHAR: Mr. President,
5 thank you. I rise to explain my vote and speak
6 very clearly for my constituents back at home.
7 And to everyone in the 52nd Senate
8 District, I can say very clearly and
9 unequivocally that this bill is nothing more than
10 a sham. It's a lie, and it is a blatant
11 disregard for the will of the people.
12 Instead of rescinding the Governor's
13 executive power, this legislation strengthens the
14 Governor's control over the lives of everyday
15 New Yorkers. It allows the Governor full control
16 to extend his current executive emergency
17 directives.
18 We heard today that, well, he can't
19 issue new ones. What more could this Governor
20 possibly do? He's issued 96 executive orders
21 that have drastically changed the lives of
22 millions of New Yorkers -- how we go to school,
23 how we eat in restaurants, how and who we can
24 have at our homes, when and where we can marry
25 our wife or our husband, when we can get a
1257
1 haircut.
2 I heard today that what we're saying
3 on this side of the aisle is political theatrics.
4 Well, if standing up for your constituency is
5 political theatrics, then so be it.
6 This bill is nothing more than a
7 political prop. It's nothing more than a perfect
8 example of hypocritical nonsense, and it is a
9 complete waste of time. It does nothing to
10 address the failures of this administration in
11 handling the COVID-19 pandemic. It does nothing
12 to protect New Yorkers from future mistakes.
13 And it continues, most importantly,
14 to put the Legislature on the sidelines and to
15 prevent us from doing the job that we were
16 elected to do. We have a constitutional
17 responsibility to the people who elected us. We
18 are a coequal branch of government. Why do we
19 continue to abdicate our responsibilities?
20 And I think, worst of all, what this
21 bill does is it gives the Governor an unlimited
22 extension to make any changes to the orders he's
23 already given. We also heard today that, well,
24 there is legislative oversight. Well, what does
25 that mean, legislative oversight? I'll tell you
1258
1 what it means. We as legislators can offer a
2 comment on what the Governor is doing.
3 In my humble opinion, Mr. President,
4 passing this bill is worse than doing nothing.
5 The people of this great state deserve better.
6 I'll tell you who else deserves better, the
7 families of the thousands of nursing home
8 patients who lost their lives to gross
9 mismanagement -- the sons, the daughters, the
10 grandchildren of innocent victims. That's who
11 deserves better.
12 Today we had an opportunity and a
13 chance to do something meaningful for the people
14 of this state and the thousands of families who
15 have been lied to. But instead, the leadership
16 in both the Senate and the Assembly have chosen
17 once again to hide from their responsibilities to
18 New Yorkers, go back on their word, and
19 hypocritically acquiesce to the Governor's grip
20 on executive power.
21 Instead, the leadership have chosen
22 to perpetuate the culture of lies, deception and
23 politics above all else and above the people that
24 we were elected to serve. And one has to ask
25 themselves a question: What kind of deal was
1259
1 really made? It was made in a closed room,
2 behind closed doors. And quite frankly, I think
3 it was reminiscent of the February 17th meeting,
4 in which we learned much about what was
5 happening.
6 I for one, Mr. President, am not
7 going to sit silent. The people of New York have
8 shown that they can tolerate, endure and move
9 forward through many things that Albany forces
10 down their throats, but this kind of blatant
11 hypocrisy is not one of them. Very simply put,
12 you can put all the lipstick you want on a pig,
13 but at the end of the day it's still a pig.
14 Mr. President, I vote no.
15 ACTING PRESIDENT BENJAMIN:
16 Senator Akshar to be recorded in the negative.
17 Senator Savino to explain her vote.
18 SENATOR SAVINO: Thank you,
19 Mr. President.
20 I want to start by thanking our
21 leader, Senator Andrea Stewart-Cousins, for
22 bringing us all here today to this moment.
23 I also want to thank all of my
24 colleagues, even those who I have yet to meet.
25 It's odd, it's March, and I haven't met half the
1260
1 new members of the Senate because of this
2 unprecedented time we find ourselves in.
3 We are all serving in an
4 unprecedented time, and we are all trying to find
5 our way through this crisis that affects every
6 one of us here in the State of New York. And we
7 are unique people. September 9th of 1777 was the
8 first time the New York State Legislature was
9 convened. This year marks the 204th time that it
10 has occurred. And over the course of the past
11 244 years, the hundreds of men -- and eventually
12 women -- who were at first appointed and then
13 elected, would meet and manage the affairs of
14 this great Empire State.
15 From the very beginning of our
16 democracy, the early days of struggle and growth,
17 through the Civil War and Reconstruction, the
18 Industrial Revolution, two world wars, disasters
19 both natural and manmade, we met. And while we
20 are a deliberative body, this august Legislature
21 has always been part of the decision-making
22 process until last year.
23 In the face -- let's remember where
24 we were this time last year. In the face of an
25 emerging coronavirus, we watched in shock what
1261
1 was happening abroad in China and in Italy, the
2 rapid spread, how easily their healthcare systems
3 became overwhelmed. We made a collective
4 decision, all of us, that we would pause the
5 usual deliberative nature of our work, that the
6 threat was too dire, and we entrusted rapid-fire
7 decision-making to the Executive.
8 In retrospect, I guess we can say it
9 was a valuable tool that allowed swift decisions
10 to be made. And in truth, many New Yorkers felt
11 that it was important and they were comforted by
12 what they viewed as a steady hand at the wheel.
13 But as we say, that was then and
14 this is now. And over the course of the last few
15 weeks, it has become clear that the extraordinary
16 powers that we granted are no longer -- not only
17 no longer necessary, they have become an
18 impediment to governing in a full and transparent
19 way, leading to a cloud that is hanging over this
20 administration and questions that must be
21 thoroughly investigated in order to restore the
22 people's faith.
23 So today, this body that has met
24 consistently for the last 244 years and handled
25 the business of this state and the people,
1262
1 reasserts that it is a coequal branch in all
2 things. We are not bystanders. But we are not
3 going to upend the very important things that
4 have been put in place. They are -- it's
5 important that they stay there.
6 But we are a coequal branch of
7 government. We are the ones closest to our
8 constituents. We are the ones that they send
9 here, and we are the ones they expect to be part
10 of all the decisions that affect their lives.
11 So I want to thank our leader for
12 finding a way to bring us to where we are today
13 so that we can reassert that we are the elected
14 representatives that our constituent want, and we
15 will help make the decisions that make their
16 lives better.
17 Thank you, Mr. President.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Savino to be recorded in the affirmative.
20 Senator Jordan to explain her vote.
21 SENATOR JORDAN: Thank you,
22 Mr. President.
23 Like many bills in the last two
24 years, this bill, Senate Bill 5357, has been
25 deceitfully marketed and falsely advertised. The
1263
1 Democratic majority in both houses are selling
2 this as a bill to strip the extraordinary
3 emergency powers from the Governor of New York,
4 who has fallen into scandal and disgrace. If you
5 bought this bad bill, it is now late and it might
6 be hard to return it. You can also complain,
7 though, about the dishonest customer service you
8 received when you bought it.
9 Under current law, the Governor's
10 emergency powers would end April 30th. Under
11 this bill, rather than taking away Governor
12 Cuomo's emergency powers, it extends them.
13 There's no sunset clause, no end date. The end
14 is when the Governor decides the state emergency
15 is over. Really? This very suggestion doesn't
16 make sense for someone who thrives on power and
17 has controlled every aspect of our lives for the
18 past year.
19 In fact, Governor Cuomo is being
20 pushed to resign by many of my colleagues on both
21 sides of the aisle. Unsurprisingly, the Governor
22 has announced that he will not answer those calls
23 of resignation but will stay on the job. Do you
24 really believe this Governor is going to take it
25 upon himself to end the extraordinary powers he
1264
1 now has? I don't.
2 Under this bill, there's one other
3 method to terminate the Governor's emergency
4 powers, and that's when the Legislature
5 terminates the state disaster emergency. But
6 guess what? The Legislature has had this ability
7 all along. Has the majority in either house
8 brought that up for consideration these past
9 months? No. Will they? I can only hope they
10 will in the very near future, like next week, but
11 they won't.
12 After this bill is passed today, the
13 Governor can still extend or modify any of the
14 96 directives by executive order that have been
15 issued or remain in effect. Nothing has really
16 changed.
17 And don't be fooled in being told
18 there is now legislative oversight created by
19 this bill. The ability for legislative oversight
20 to terminate any executive order currently
21 exists. But the Democratic Majority has never
22 taken it upon itself to exercise this oversight.
23 So as I said, nothing changes.
24 There will still be one-man rule. He will still
25 have the power to control every aspect of our
1265
1 lives.
2 One-man rule is antithetical to
3 democracy. This bill is a bad bag of goods. I'm
4 not buying it; neither should anyone else who
5 truly wants to rescind the Governor's
6 extraordinary emergency powers. I'm voting no.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Jordan to be recorded in the negative.
9 Senator Gounardes to explain his
10 vote.
11 SENATOR GOUNARDES: There we go.
12 Thank you, Mr. President.
13 The foundation of our government is
14 trust that our leaders are being honest and
15 transparent with us. And when that trust is
16 violated, we must take steps to rebuild it.
17 COVID-19 has tested the limits of
18 our people and state and, early during the
19 pandemic when we didn't know what was going to
20 happen, day by day, hour by hour, required
21 government to restructure decision-making to
22 render rapid, necessary public health judgments.
23 In voting to grant the Governor
24 broad emergency powers last spring, there was
25 this unwritten covenant that the Governor would
1266
1 be trusted with this extraordinary
2 responsibility, and in return he would be honest
3 and transparent with the public.
4 It is now clear, a year after those
5 powers were granted, that that trust has not been
6 fully reciprocated. Several weeks ago we learned
7 from the Attorney General that New York State had
8 underreported the death toll in our nursing homes
9 by nearly 50 percent. Shortly thereafter, we
10 learned in a conversation with a top aide to the
11 Governor that the legislative requests for
12 information were stonewalled for months at a time
13 because of a fear of a federal investigation.
14 And then we learned last night that
15 aides had whitewashed and whited out the truth
16 from public health reports, Department of Health
17 reports about what was transpiring in our nursing
18 homes.
19 All of this completely unacceptable
20 and a complete betrayal of the public trust, that
21 trust that was placed in the Governor's hands
22 last spring to lead us through this crisis.
23 And so I believe, as I know many of
24 my colleagues do, that it is no longer
25 appropriate or necessary for the Governor to
1267
1 wield such expanded emergency powers in a case
2 like this.
3 So what does that mean? That means
4 that it's time for the Legislature to reassert
5 its oversight authority, which we are doing by
6 the process we are pushing forth today, and that
7 we are reasserting ourselves as a coequal branch
8 of government that must be included in
9 decision-making moving forward as we continue to
10 battle this crisis.
11 This is not about micromanaging a
12 public health emergency. We cannot have health
13 designations decided by legislative committees or
14 votes of 213 members of the Legislature. But
15 this is, very simply, about transparency,
16 accountability, and repairing a broken trust. I
17 believe that the process that we have laid out in
18 this bill is the right way to do that.
19 I believe by curbing these excessive
20 powers we are taking the necessary steps to
21 repair the trust that has been broken with the
22 people of New York and to continue to move the
23 state forward through this crisis.
24 And I proudly vote aye. Thank you.
25 ACTING PRESIDENT BENJAMIN:
1268
1 Senator Gounardes to be recorded in the
2 affirmative.
3 Senator Hinchey to explain her vote.
4 SENATOR HINCHEY: Thank you,
5 Mr. President.
6 Our state government is at its best
7 when the Legislature is an equal partner with the
8 executive branch. As more details on the willful
9 mishandling of information come to light, it is
10 clear that more transparency and accountability
11 are immediately needed.
12 Today we are ensuring a system of
13 increased oversight and input into Executive
14 action by restoring the Legislature to its
15 rightful role as the branch of government most
16 connected to the people of New York.
17 I will always fight for our upstate
18 communities to have a real seat at the table, and
19 this legislation will give us a greater voice in
20 decision-making during this public health
21 emergency. And that's why today I vote aye.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Hinchey to be recorded in the affirmative.
24 Senator Liu to explain his vote.
25 SENATOR LIU: Thank you,
1269
1 Mr. President, for the opportunity to explain my
2 yes vote on this bill.
3 As has been said already, we have
4 faced an unprecedented and unimaginable year in
5 the State of New York and far beyond. And as
6 this body was convening almost a year ago, we
7 were contemplating the vast rise in infection and
8 death rates in our state, not knowing much of
9 anything about COVID-19 and what it was about to
10 do to our people.
11 And so at the time we put in
12 measures giving the Governor emergency powers for
13 the simple reason of ensuring that state
14 government would be able to respond to this
15 pandemic and to keep people safe and indeed
16 alive.
17 Now much has transpired, and we have
18 lost a lot of New Yorkers in the process. But
19 now, a year later, we know much more about the
20 coronavirus. The vaccine delivery is becoming
21 more effective and efficient. More and more
22 New Yorkers are getting their shots, and we want
23 to encourage people to get their shots so that we
24 can achieve herd immunity in the State of
25 New York.
1270
1 Part of that means we want to assure
2 our fellow New Yorkers that they can trust state
3 government. And that trust has to come with a
4 system of checks and balances that have long been
5 in place in our State of New York.
6 With this important bill introduced
7 by our Majority Leader, we seek to restore those
8 checks and balances, restore those checks and
9 balances so that we can restore the trust among
10 our constituents who have begun to question some
11 of the decisions that our Governor has made, and
12 get them -- and get our constituents to do the
13 right thing and also help us return to a life
14 closer to life as we know it normally.
15 So it's important for us to put in
16 place these measures. This will revoke the
17 Governor's emergency powers that we gave him
18 nearly a year ago. It will restore some more
19 faith in our government. And in light of recent
20 revelations which have been entirely disturbing,
21 we need to take a look at those as well.
22 Right now the immediate need is to
23 get people to do the right thing, to get their
24 vaccinations, and trust what our government
25 agencies are doing.
1271
1 Once we do that, it is incumbent
2 upon all of us to go back and review the facts of
3 what's happened and that some of the decisions,
4 however wrong they may have been, were not fully
5 disclosed to us and the public. And that's the
6 subject for undoubted investigations that will
7 occur.
8 But today's measure seeks to ensure
9 that we understand what has long been said and
10 repeated, that in the absence of checks and
11 balances there's too much power concentrated.
12 And power corrupts, but absolute power absolutely
13 corrupts. We can't have any of that in our
14 state.
15 Thank you very much, Mr. President.
16 I vote yes on this measure.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Liu to be recorded in the affirmative.
19 Senator Serino to explain her vote.
20 SENATOR SERINO: Thank you,
21 Mr. President.
22 This proposal is not a repeal of the
23 Governor's powers. It's an absolute sham. Ask
24 yourselves, what does passing this bill here
25 today change for ordinary New Yorkers? What
1272
1 difference will they notice in their day-to-day
2 lives? Nothing. The answer is nothing.
3 This bill does absolutely nothing to
4 change their circumstances, does nothing to
5 restore the balance in government, and even
6 removes the April 30th sunset provision,
7 essentially extending the Governor's total
8 control indefinitely. This is politics at its
9 absolute worst.
10 I keep hearing that this is okay
11 because it's with legislative oversight. But you
12 had that under the current law, and not once
13 during this time has the Legislature exercised
14 any oversight. As has been said, zero times.
15 Not once has this body passed a
16 resolution to resolve any of the conflicting
17 orders. Not once has it advanced any of the many
18 proposals we put forward to challenge directives
19 that didn't work or to better protect nursing
20 home residents or anything else.
21 And not once since I've been here,
22 even when we were in the majority, never was
23 there a policy put forward that caused
24 15,000 deaths, due to a policy that was put
25 forward last March, when you should have and
1273
1 could have used your subpoena power and you chose
2 not to. Why should New Yorkers believe you now?
3 On my drive up here today, I thought
4 to myself, huh, after news broke last night
5 further confirming that the Governor's
6 administration withheld data on nursing home
7 deaths, there was absolutely no way you'd be
8 bringing this sham bill for a vote today. But
9 here we are.
10 You know, as I've said for years,
11 Albany lives in a bubble. And here in this
12 bubble people have the appearance of being
13 untouchable because of the power they wield. It
14 is our job as lawmakers to change that. It is
15 our job to do what is right to protect
16 New Yorkers and send a clear message that what
17 this administration has done is not right.
18 Hiding data concerning the deaths of
19 15,000 vulnerable New Yorkers to protect some
20 book deal? Sweeping sexual harassment
21 accusations under the rug and flaunting our own
22 very policies which are supposed to protect
23 victims. Bullying lawmakers and, yes, members of
24 the press and others is not okay, and we should
25 be sending the message that we have absolutely no
1274
1 tolerance for it.
2 Cleanly repealing the Governor's
3 emergency powers, as my colleagues and I have
4 proposed every single session day, is the least
5 we can do to send that message and promote
6 transparency and accountability. Yet today, when
7 we have the opportunity to make a real change, to
8 do more than extend hollow apologies or make
9 empty promises, you are choosing not to do it.
10 You are choosing to maintain the status quo. And
11 look how that's worked out.
12 You repeatedly refused to issue
13 subpoenas or back our efforts to help launch an
14 independent investigation into the state's
15 overall handling of the COVID crisis in our
16 nursing homes, and every day we learn more and
17 more about the serious ramifications that
18 inaction has had on our residents, their loved
19 ones, and the hardworking staff.
20 That hardworking staff, which by the
21 way has been used as scapegoats, when the staff
22 sat at the bedsides of residents, holding their
23 hands while Facetiming loved ones, while some of
24 them slowly slipped away. How devastating.
25 And I understand we are still in a
1275
1 pandemic, and restoring balance to government
2 will mean our jobs get even harder. Yes, but we
3 were elected to serve and represent the needs of
4 our neighbors, and they deserve to know that
5 their representatives, their Senators are
6 actually working for them, not shirking that
7 responsibility and pointing the finger at the
8 Governor.
9 Today I am asking our colleagues on
10 the other side of the aisle, many of whom have
11 publicly called for repeal of these powers, some
12 of whom have even called for the Governor's
13 resignation, to do what is right and reject this
14 outrageous proposal.
15 I vote no, Mr. President. Thank
16 you.
17 ACTING PRESIDENT BENJAMIN:
18 Senator Serino to be recorded in the negative.
19 Senator Ortt to explain his vote.
20 SENATOR ORTT: Thank you,
21 Mr. President.
22 As I listened to the comments from
23 my colleagues in the Majority, it is very clear
24 that either they don't understand this bill or
25 they're betting that their constituents won't
1276
1 understand this bill.
2 Nothing they've said about stripping
3 the Governor's powers is true. Nothing they've
4 said about the current state of affairs or
5 balance of power -- all the reasons that people
6 have begged for the Governor's powers to be
7 rescinded -- will happen as a result of this
8 legislation. In fact, tomorrow will feel a lot
9 like Groundhog Day, because it will still be the
10 exact same thing.
11 Ninety-six directives have been
12 issued by this Governor during the pandemic,
13 60 of which are still in force. Those will
14 remain in force, governing every aspect of our
15 life, all under the guise of public health.
16 During that time, under the current
17 rules, under the current resolution, this body
18 had the ability to rescind any one of those
19 executive orders or the orders in total. We have
20 done nothing. The Majority has done nothing.
21 They claim this bill has
22 accountability and checks and balances. I never
23 thought that comments were considered checks and
24 balances. I've actually been commenting for the
25 better part of a year. I didn't know that I
1277
1 needed a legislation or a resolution to do that.
2 This bill removes the sunset
3 provision that exists in the current resolution.
4 If we did nothing today -- if we did nothing
5 today -- the Governor's powers would expire
6 April 30th. Under this legislation, the
7 Governor's powers will expire when the Governor
8 decides.
9 The Majority will have you believe
10 that they can decide. But based on their
11 inaction over the past year, their inability for
12 any subpoena power, their inability for any
13 oversight, their unwillingness for any
14 accountability, no one actually believes that
15 they are going to overrule the Governor on the
16 end of this emergency.
17 If it wasn't for the Wall Street
18 Journal, New York Times, and the Empire Center,
19 we still wouldn't know the truth about the
20 nursing home situation.
21 The lockdowns that the Governor has
22 put forward, these 60 directives that are still
23 in force by many accounts haven't even worked.
24 Our numbers and our metrics here in New York
25 State are as bad or worse than many other states
1278
1 across the country.
2 And the only reason that we're doing
3 this -- which of course is nothing. But the only
4 reason we're having this discussion is because of
5 the current scandals engulfing the Governor.
6 We're not doing this because we want to get back
7 to the work of the people. We're not doing this
8 because we want to be part of the pandemic.
9 We're doing this because we're ashamed of the
10 Governor's current scandals.
11 It was said on this floor by one of
12 my colleagues that the only reason -- that the
13 Legislature values people's health. Yes, we
14 value it so much that we've done nothing about
15 the 15,000 people who died in nursing homes as a
16 result of the Governor's COVID order. We've done
17 nothing to expose this administration.
18 And you'll -- I guess it was said
19 earlier this wasn't a deal between the Governor
20 and the Legislature, that the Governor lied. Big
21 shocker. Big shocker.
22 The bottom line is today we are not
23 rescinding the Governor's authority. All the
24 directives will continue. He'll be able to
25 extend those directives. And the sunset clause,
1279
1 the sunset provision is now removed. There is no
2 hard date that will bring about an end to one-man
3 rule.
4 And my colleagues across the aisle,
5 despite their comments, are either okay with that
6 because they don't want to be part of governing
7 during this pandemic, or they're too scared of
8 the Governor even at this moment, a moment that
9 cries out for real leadership and for the
10 Legislature to restore itself as a coequal branch
11 of government. Which our resolution, that we've
12 introduced 22 times now, would have done.
13 For those reasons, Mr. President, I
14 and I know my conference will be voting no.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Ortt to be recorded in the negative.
17 Leader Stewart-Cousins to explain
18 her vote.
19 SENATOR STEWART-COUSINS: Thank
20 you, Mr. President.
21 It's hard to imagine that over a
22 year ago I was calling the Senate back to session
23 after New York's first positive case was
24 reported. It was the case of a person who lived
25 in a city that I represent.
1280
1 In March 2020, when New York was
2 facing the start of the COVID-19 pandemic, the
3 Legislature, both houses -- and here on both
4 sides of the aisle -- granted emergency powers to
5 the Governor to allow for a swift response to the
6 pandemic when not much was known. Those
7 emergency powers allowed the Governor to issue
8 directives, and that was something that no
9 Governor had been allowed to do before.
10 Today, under this new legislation,
11 the Governor will no longer be able to issue any
12 new directives, period. We have come a long way
13 from where we were then, because of New Yorkers'
14 strength and response, to control this pandemic.
15 In light of recent events, however,
16 it is clear that we need to move toward a system
17 of increased oversight, review and verification
18 between the Legislature and the executive branch,
19 and also limit the powers granted to the
20 Governor.
21 This is an opportunity to begin the
22 recovery process from this pandemic that has
23 taken the lives of New Yorkers, and sets a new
24 vision for how disaster response is handled in
25 New York State.
1281
1 Quite frankly -- and we've heard the
2 words "checks and balances" all day --
3 New Yorkers must have checks and balances. The
4 system created through this legislation that I
5 sponsor will assure increased information while
6 at the same time ensuring New Yorkers continue to
7 be protected.
8 The Governor will be able to extend
9 or modify existing COVID-19 directives by
10 providing information to the Legislature and
11 municipalities impacted, within five days prior
12 to the change.
13 Furthermore, if the Governor chooses
14 to extend an existing directive, a public
15 response to any comment from the Legislature or
16 local leaders is required.
17 This comment and review process
18 ensures transparency and accountability for the
19 Executive, giving local constituents -- and, yes,
20 my colleagues on the other side of the aisle -- a
21 voice in the process and an outlet to ensure
22 their concerns are heard and addressed.
23 Additionally, this legislation will
24 provide that the Legislature may terminate a
25 state disaster emergency by Concurrent
1282
1 Resolution, ensuring a new check by the
2 Legislature on the Governor's authority during a
3 declared state of emergency. Preexisting
4 directives that have nothing to do with COVID-19
5 will be terminated.
6 The Commissioner of Health will be
7 solely responsible for certifying the veracity
8 and necessity of continuing pandemic-related
9 directives. If he fails to do that, the
10 directive cannot and will not be extended.
11 The Legislature already has the
12 power to overturn any executive action during an
13 emergency without approval by the Governor.
14 Still, the Legislature is not being briefed or
15 informed about each action's details, making it
16 difficult to use this power.
17 This legislation changes the
18 information and response vacuum we have all
19 witnessed and experienced. This system
20 strengthens the balance of power to ensure checks
21 and balances during a state of emergency, and
22 will necessitate a better flow of information
23 between the Executive and Legislature during this
24 significant crisis.
25 Our proposal creates a system with
1283
1 increased input, while at the same time ensuring
2 New Yorkers continue to be protected and the
3 oversight they expect is in place.
4 The proposal would also require the
5 executive branch to provide searchable-format
6 information and justify emergency suspensions and
7 directives. This information deserves to be
8 public knowledge, in a format the general public
9 and stakeholders can easily find and use and
10 understand.
11 Critics say that we should end
12 everything, go back to where we were before
13 COVID-19, before the virus killed 500,000 -- yes,
14 half a million -- of our fellow Americans,
15 including over 47,000 New Yorkers.
16 But New Yorkers know how bad that
17 was and how bad that could be, and our struggle
18 continues. We're fighting forward and won't let
19 politics dictate policy to keep people healthy
20 and alive.
21 The Senate Democratic Majority is
22 focused on creating results and passing
23 legislation that prioritizes health, safety, and
24 the recovery of New York State.
25 I reiterate these facts because
1284
1 politicians will play politics and try to take
2 any opportunity to pontificate to further a
3 political agenda. But this really is about good
4 government, working on getting things done, and
5 saving the lives of the people we are responsible
6 for serving.
7 New Yorkers across this state sent
8 us here to find legislative solutions, solve
9 problems, and take the best action. They don't
10 care about the gimmicks, they care about their
11 families' daily lives and how what we do impacts
12 them.
13 That's why we're getting this done
14 today, so that New Yorkers know that as we've
15 reached this moment during the pandemic, we are
16 guaranteeing the checks and balances, the
17 accountability, the responsibility that they
18 expect from their government.
19 We have a lot of work to do in the
20 weeks and months ahead. I look forward to
21 working with you all to continue to fight through
22 this pandemic and for the recovery of our state
23 and its people.
24 I vote aye.
25 ACTING PRESIDENT BENJAMIN: Leader
1285
1 Stewart-Cousins to be recorded in the
2 affirmative.
3 Senator Lanza.
4 SENATOR LANZA: Mr. President, on
5 behalf of the five members from this side of the
6 aisle, I request a slow roll call.
7 SENATOR GIANARIS: Mr. President,
8 as we are in pandemic protocol, the normal slow
9 roll call process is not possible, so we've
10 agreed to have the full roll call yeas and nays
11 read aloud by the Clerk.
12 ACTING PRESIDENT BENJAMIN: So
13 ordered.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 504, those Senators voting affirmatively
17 are Senators Addabbo, Bailey, Benjamin, Biaggi,
18 Breslin, Brisport, Brooks, Brouk, Comrie, Cooney,
19 Felder, Gaughran, Gianaris, Gounardes, Harckham,
20 Hinchey, Hoylman, Jackson, Kaminsky, Kaplan,
21 Kavanagh, Kennedy, Krueger, Liu, Mannion, May,
22 Mayer, Myrie, Parker, Persaud, Ramos,
23 Reichlin-Melnick, Rivera, Ryan, Salazar, Sanders,
24 Savino, Sepúlveda, Serrano, Skoufis, Stavisky,
25 Stewart-Cousins and Thomas.
1286
1 Those Senators voting in the
2 negative are Senators Akshar, Borrello, Boyle,
3 Gallivan, Griffo, Helming, Jordan, Lanza,
4 Martucci, Mattera, Oberacker, O'Mara, Ortt,
5 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
6 Weik.
7 Ayes, 43. Nays, 20.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 Senator Gianaris, that completes the
11 reading of the controversial calendar.
12 SENATOR GIANARIS: Mr. President,
13 back to motions for a moment.
14 On behalf of Senator Brouk, on
15 page 19 I offer the following amendments to
16 Calendar 391, Senate 4002, and ask that said bill
17 retain its place on Third Reading Calendar.
18 ACTING PRESIDENT BENJAMIN: The
19 amendments are received, and the bill shall
20 retain its place on the Third Reading Calendar.
21 SENATOR GIANARIS: Is there any
22 further business at the desk, Mr. President?
23 ACTING PRESIDENT BENJAMIN: There
24 is no further business at the desk.
25 SENATOR GIANARIS: I move to
1287
1 adjourn until Monday, March 8th, at 3:00 p.m.,
2 intervening days being legislative days.
3 ACTING PRESIDENT BENJAMIN: On
4 motion, the Senate stands adjourned until Monday,
5 March 8th, at 3:00 p.m., intervening days being
6 legislative days.
7 (Whereupon, at 1:56 p.m., the Senate
8 adjourned.)
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