Regular Session - April 21, 2021

                                                                   2753

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 21, 2021

11                     11:06 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  


                                                               2754

 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:   Reading 

14   of the Journal.

15                THE SECRETARY:   In Senate, Tuesday, 

16   April 20, 2021, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, April 19, 

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

19   adjourned.

20                ACTING PRESIDENT PERSAUD:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   Senator Palumbo 


                                                               2755

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 955 and substitute it for 

 3   the identical Senate Bill Number 1307, Third 

 4   Reading Calendar 78.

 5                ACTING PRESIDENT PERSAUD:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Myrie moves 

 8   to discharge, from the Committee on Crime 

 9   Victims, Crime and Correction, Assembly Bill 

10   Number 3078 and substitute it for the identical 

11   Senate Bill 261, Third Reading Calendar 567.

12                ACTING PRESIDENT PERSAUD:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Persaud 

15   moves to discharge, from the Committee on Codes, 

16   Assembly Bill Number 6015 and substitute it for 

17   the identical Senate Bill Number 61, Third 

18   Reading Calendar 603.

19                ACTING PRESIDENT PERSAUD:   The 

20   substitution is so ordered.

21                Messages from the Governor.

22                Reports of standing committees.

23                Reports of select committees.  

24                Communications and reports from 

25   state officers.


                                                               2756

 1                Motions and resolutions.

 2                Senator Gianaris.

 3                SENATOR GIANARIS:   Thank you, 

 4   Madam President.  

 5                On behalf of Senator Hinchey, on 

 6   page 33 I offer the following amendments to 

 7   Calendar 596, Senate Print 5490, and ask that 

 8   said bill retain its place on Third Reading 

 9   Calendar.

10                ACTING PRESIDENT PERSAUD:   The 

11   amendments are received, and the bill shall 

12   retain its place on the Third Reading Calendar.

13                SENATOR GIANARIS:   On behalf of 

14   Senator Jackson, I wish to call up Senate 2008A, 

15   recalled from the Assembly, which is now at the 

16   desk.

17                ACTING PRESIDENT PERSAUD:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   570, Senate Print 2008A, by Senator Jackson, an 

21   act to amend the Insurance Law.

22                SENATOR GIANARIS:   Move to 

23   reconsider the vote by which the bill was passed.

24                ACTING PRESIDENT PERSAUD:   The 

25   Secretary will call the roll on reconsideration.


                                                               2757

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT PERSAUD:   The bill 

 4   is restored to its place on the Third Reading 

 5   Calendar.

 6                SENATOR GIANARIS:   I offer the 

 7   following amendments.

 8                ACTING PRESIDENT PERSAUD:   The 

 9   amendments are received.

10                SENATOR GIANARIS:   On behalf of 

11   Senator Parker, I wish to call up Senate Print 

12   1557, recalled from the Assembly, which is now at 

13   the desk.

14                ACTING PRESIDENT PERSAUD:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   118, Senate Print 1557, by Senator Parker, an act 

18   to amend the Public Service Law.

19                SENATOR GIANARIS:   Move to 

20   reconsider the vote by which the bill was passed.

21                ACTING PRESIDENT PERSAUD:   The 

22   Secretary will call the roll on reconsideration.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT PERSAUD:   The bill 


                                                               2758

 1   is restored to its place on the Third Reading 

 2   Calendar.

 3                SENATOR GIANARIS:   I offer the 

 4   following amendments.

 5                ACTING PRESIDENT PERSAUD:   The 

 6   amendments are received.  

 7                Senator Gianaris.

 8                SENATOR GIANARIS:   Thank you, 

 9   Madam President.  

10                At this time can we take up 

11   previously adopted Resolution 623, by 

12   Senator Jackson, read its title only, and 

13   recognize Senator Jackson.

14                ACTING PRESIDENT PERSAUD:   The 

15   Secretary will read.

16                THE SECRETARY:  Senate Resolution 

17   623, by Senator Jackson, memorializing 

18   Governor Andrew M. Cuomo to proclaim April 2021 

19   as Russian-American History Month in the State of 

20   New York.

21                ACTING PRESIDENT PERSAUD:   Senator 

22   Jackson on the resolution.

23                SENATOR JACKSON:   Thank you, 

24   Madam President.  

25                My colleagues, I rise this morning 


                                                               2759

 1   in celebration of the 10th anniversary of 

 2   Russian-American History Month, in the month of 

 3   April.

 4                As I reflect on our shared cultural 

 5   heritage between American and Russian people, 

 6   there are some names that I want to bring to mind 

 7   of people who have shaped the ways we think 

 8   about, laugh about, and enjoy our worlds.

 9                Here are some great 

10   Russian-Americans who have made important 

11   contributions to our country.  Isaac Asimov, one 

12   of the greatest science fiction writers of all 

13   time, who swept imaginations up to other worlds 

14   while helping us think about solving our own 

15   planet's problems.  And like many of us, he was 

16   the product of New York City public schools.  

17                George Balanchine, one of the great 

18   choreographers ever.  His move to New York in the 

19   1930s brought new life to American ballet and 

20   musical stage.  

21                Yul Brynner and Kirk Douglas, two 

22   great actors on stage and screen.  Douglas, a 

23   native of Amsterdam, New York, with parents from 

24   Belarus, was famous for dozens of screen roles 

25   and for helping to break the Hollywood blacklist 


                                                               2760

 1   against political and union activists.  Brynner, 

 2   born in Russia, brought us joy in his many 

 3   Academy Award-winning roles.  

 4                George and Ira Gershwin, sons of 

 5   Brooklyn with Russian Jewish parents, helped 

 6   create the Great American Songbook and George's 

 7   first classical work, Rhapsody in Blue.  It's 

 8   still played before adoring audiences.  

 9                Carrying on that tradition today is 

10   Regina Spektor, another of New York's own, who 

11   came here at age 10 and sold out music halls 

12   around the world with her trademark music, 

13   imagination and wit.  

14                And there are many, many more whose 

15   lives have played such amazing roles in American 

16   industry and culture.  Igor Sikorsky, who created 

17   the world's first production helicopter.  Igor 

18   Stravinsky, one of the most influential composers 

19   of the 20th century.  And Joseph Brodsky, who 

20   served as U.S. Poet Laureate in the 1990s.  All 

21   made tremendous contributions to our state and 

22   our country.

23                With that in mind, Madam President, 

24   let me say this.  While there may be some storm 

25   clouds in the current relationship between the 


                                                               2761

 1   leaderships of our countries, we will never 

 2   forget the strong ties and friendships that bind 

 3   us together as human beings.  

 4                Thank you, Madam President.

 5                ACTING PRESIDENT PERSAUD:   Senator 

 6   May on the resolution.

 7                SENATOR MAY:   {In Russian.} 

 8                Which is to say I congratulate all 

 9   people of Russian heritage in New York on this 

10   month for Russian-American History.

11                I -- as somebody who's spent a lot 

12   of my life studying Russian language and 

13   literature and culture, I am very happy that my 

14   colleague Senator Jackson has brought this 

15   resolution.  Because we should not lose sight of 

16   how important the connection is between Russia 

17   and America and the important contribution of 

18   Russian immigrants to our society.

19                I will add one that wasn't on his 

20   list, who is Vladimir Nabokov, who taught at 

21   Cornell University, just south of my district, 

22   for 10 years and wrote some of the great novels 

23   in the English language.  He wrote his first nine 

24   novels in Russian, and then he switched and 

25   started writing in English and wrote some of the 


                                                               2762

 1   most beautiful English language that anyone has 

 2   ever written.  So his contribution is quite 

 3   remarkable to our culture and to world culture.

 4                And I know there are many, many 

 5   others who have brought this -- the richness of 

 6   the Russian language, the richness of Russian 

 7   culture to our shores and enriched our culture as 

 8   well.  So I am happy to support this resolution.

 9                Thank you.

10                ACTING PRESIDENT PERSAUD:   The 

11   resolution was previously adopted on April 20th.

12                Senator Gianaris.

13                SENATOR GIANARIS:   Senator Jackson 

14   would like to open that resolution for 

15   cosponsorship.

16                ACTING PRESIDENT PERSAUD:   The 

17   resolution is open for cosponsorship.  Should you 

18   choose not to cosponsor the resolution, please 

19   notify the desk.

20                Senator Gianaris.

21                SENATOR GIANARIS:   Let's take up 

22   the reading of the calendar, please, 

23   Madam President.

24                ACTING PRESIDENT PERSAUD:   The 

25   Secretary will read.


                                                               2763

 1                THE SECRETARY:   Calendar Number 78, 

 2   Assembly Print 955, substituted earlier by 

 3   Assemblymember Thiele, an act to amend the 

 4   Insurance Law.

 5                ACTING PRESIDENT PERSAUD:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the same date and in the 

 9   same manner as a chapter of the Laws of 2020.

10                ACTING PRESIDENT PERSAUD:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT PERSAUD:   Announce 

14   the results.

15                THE SECRETARY:   In relation to 

16   Calendar 78, voting in the negative:  

17   Senator Skoufis.  

18                Ayes, 62.  Nays, 1. 

19                ACTING PRESIDENT PERSAUD:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   186, Senate Print 166B, by Senator Gianaris, an 

23   act to amend the Banking Law.

24                ACTING PRESIDENT PERSAUD:   Read the 

25   last section.


                                                               2764

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 180th day after it 

 3   shall have become a law.

 4                ACTING PRESIDENT PERSAUD:   Call the 

 5   roll.  

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT PERSAUD:   Announce 

 8   the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 186, those Senators voting in the 

11   negative are Senators Borrello, Gallivan, 

12   Helming, Jordan, Oberacker, O'Mara, Ortt, 

13   Palumbo, Rath, Stec and Weik.

14                Ayes, 52.  Nays, 11.

15                ACTING PRESIDENT PERSAUD:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   263, Senate Print 813, by Senator Biaggi, an act 

19   to amend the Executive Law.

20                ACTING PRESIDENT PERSAUD:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT PERSAUD:   Call the 

25   roll.


                                                               2765

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT PERSAUD:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 263, those Senators voting in the 

 6   negative are Senators Borrello, Boyle, Gallivan, 

 7   Griffo, Helming, Jordan, Lanza, Martucci, 

 8   Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

 9   Serino, Stec, Tedisco and Weik.

10                Ayes, 45.  Nays, 18.

11                ACTING PRESIDENT PERSAUD:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   377, Senate Print 3966, by Senator 

15   Reichlin-Melnick, an act to amend the 

16   Public Health Law and the Social Services Law.

17                ACTING PRESIDENT PERSAUD:   Read the 

18   last section.

19                THE SECRETARY:   Section 6.  This 

20   act shall take effect on the 180th day after it 

21   shall have become a law.

22                SENATOR GIANARIS:   Lay it aside for 

23   the day, please.

24                ACTING PRESIDENT PERSAUD:   The bill 

25   will be laid aside for the day.


                                                               2766

 1                THE SECRETARY:   Calendar Number 

 2   397, Senate Print 1829, by Senator Skoufis, an 

 3   act to amend the Public Authorities Law.

 4                ACTING PRESIDENT PERSAUD:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT PERSAUD:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT PERSAUD:   Announce 

12   the results.

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT PERSAUD:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   420, Senate Print 199A, by Senator Kaplan, an act 

18   to amend the Transportation Law.

19                ACTING PRESIDENT PERSAUD:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT PERSAUD:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2767

 1                ACTING PRESIDENT PERSAUD:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT PERSAUD:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   537, Senate Print 5321, by Senator Kennedy, an 

 8   act to amend the Real Property Actions and 

 9   Proceedings Law.

10                ACTING PRESIDENT PERSAUD:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT PERSAUD:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT PERSAUD:   Announce 

18   the results.

19                THE SECRETARY:   In relation to 

20   Calendar Number 537, those Senators voting in the 

21   negative are Senators Akshar, Borrello, Griffo, 

22   Helming, Jordan, Lanza, Martucci, Oberacker, 

23   O'Mara, Ortt, Rath, Serino, Stec and Tedisco.

24                Ayes, 49.  Nays, 14.

25                ACTING PRESIDENT PERSAUD:   The bill 


                                                               2768

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   567, Assembly Print 3078, substituted earlier by 

 4   Assemblymember Epstein, an act to amend the 

 5   Correction Law.

 6                ACTING PRESIDENT PERSAUD:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT PERSAUD:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT PERSAUD:   Announce 

14   the results.

15                THE SECRETARY:   In relation to 

16   Calendar 567, those Senators voting in the 

17   negative are Senators Gallivan, Griffo, Helming, 

18   Lanza, Martucci, Oberacker, O'Mara, Rath and 

19   Tedisco.

20                Ayes, 54.  Nays, 9.

21                ACTING PRESIDENT PERSAUD:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   583, Senate Print 5487, by Senator Rivera, an act 

25   to amend the Public Health Law.


                                                               2769

 1                SENATOR LANZA:   Lay it aside.

 2                ACTING PRESIDENT PERSAUD:   Lay it 

 3   aside.

 4                THE SECRETARY:   Calendar Number 

 5   603, Assembly Print 6015, substituted earlier by 

 6   Assemblymember Dinowitz, an act to amend the 

 7   Penal Law.

 8                ACTING PRESIDENT PERSAUD:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT PERSAUD:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT PERSAUD:   Announce 

16   the results.

17                THE SECRETARY:   Ayes, 63.

18                ACTING PRESIDENT PERSAUD:   The bill 

19   is passed.

20                Senator Gianaris, that completes the 

21   reading of today's calendar.  

22                SENATOR GIANARIS:   Please take up 

23   the controversial calendar.

24                ACTING PRESIDENT PERSAUD:   The 

25   Secretary will ring the bell.  


                                                               2770

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   583, Senate Print 5487, by Senator Rivera, an act 

 4   to amend the Public Health Law.

 5                ACTING PRESIDENT PERSAUD:   Senator 

 6   Lanza, why do you rise?

 7                SENATOR LANZA:   Madam President, I 

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

 9   waive the reading of that amendment and ask that 

10   Senator Helming be recognized and heard.

11                ACTING PRESIDENT PERSAUD:   Thank 

12   you, Senator Lanza.

13                Upon review of the amendment, in 

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

15   nongermane and out of order at this time.

16                SENATOR LANZA:   Accordingly, 

17   Madam President, I appeal the ruling of the chair 

18   and ask that Senator Helming be recognized.

19                ACTING PRESIDENT PERSAUD:   The 

20   appeal has been made and recognized, and 

21   Senator Helming may be heard.

22                SENATOR HELMING:   Thank you, 

23   Madam President.  

24                Madam President, today we appeal the 

25   ruling of the chair because the proposed 


                                                               2771

 1   amendment is clearly germane to Senate Bill 5487, 

 2   the bill before the house that we seek to amend.  

 3   Both Senator Rivera's bill and the amendment 

 4   relate to the Public Health Law.  

 5                Since the beginning of COVID-19, the 

 6   Governor has modified and suspended countless 

 7   directives related to the Public Health Law.  

 8   While many argue the Governor's superpowers have 

 9   been repealed, he continues to issue executive 

10   orders directly affecting the Public Health Law.

11                On March 5th, this chamber passed a 

12   bill -- and I quote from that bill -- to 

13   terminate executive powers.  As we've all seen, 

14   in reality this bill does nothing of the sort.  

15   The Governor has retained his powers and his 

16   unilateral control of state government, and he 

17   gets to keep those powers.  

18                They've actually been expanded and 

19   extended.  Originally the due date was April 30th 

20   that they were going to expire, but now they're 

21   extended until the end of the pandemic.  And it's 

22   difficult to get an answer on when that will be.  

23   We have no idea.

24                Under the law, directives already 

25   made by the Governor remain in effect.  What's 


                                                               2772

 1   more is that the Governor maintains the ability 

 2   to modify or extend his directives by giving 

 3   five days' notice to the legislative majorities 

 4   for review and comment.  

 5                This law explicitly leaves out any 

 6   notification or requirement to notify the 

 7   Minority.  And just as equally critical, in my 

 8   opinion, is that it doesn't require any advance 

 9   notice to businesses, communities and the public 

10   that's impacted by these mandates.

11                On April 6th, the Governor said that 

12   the 11 p.m. curfew for the bars and restaurants 

13   would remain in place until May 6th.  Just a few 

14   days later, he changed that and said he was going 

15   to extend the curfew to midnight.

16                The question that I have about this 

17   is, did the Governor follow the law and provide 

18   the five days' notice to the legislative 

19   majorities?  And if that's the case, if he did 

20   provide that notice, why didn't my colleagues on 

21   the other side of the aisle use that as an 

22   opportunity to take the necessary steps to 

23   eliminate the curfew?  

24                Section 3 of the law requires the 

25   Governor to provide on his website, in a 


                                                               2773

 1   searchable format, additional information 

 2   detailing the justification for these emergency 

 3   directives and suspensions.  In my opinion, that 

 4   is not working and we need to fix it.  And that's 

 5   evidenced by the calls that so many of us are 

 6   getting every single day from constituents who 

 7   are asking for that justification.

 8                Looking at the Governor's website 

 9   myself, I haven't been able to find that 

10   information.  It appears that there's 

11   justification for just seven out of the 

12   175 directives that the Governor extended on 

13   April 6th.

14                Why is this acceptable?  Why aren't 

15   we taking action to correct this?

16                You know what, we all hear those 

17   questions over and over again:  Where is the 

18   science, where is the data that supports these 

19   decisions?  New Yorkers are really no more at 

20   risk for COVID in bars and restaurants between 

21   the hours of 11:00 and midnight than they are 

22   between the hours of midnight and 1:00, or 1:00 

23   and 2:00.  Again, where's the data?  We all want 

24   to see it.

25                Last week I had a reporter from a 


                                                               2774

 1   Syracuse newspaper reach out to me.  He wanted to 

 2   know if I knew what data the Health Department 

 3   was using for the curfew, because the Health 

 4   Department has absolutely refused -- refused -- 

 5   to respond to his questions about what 

 6   information they have.

 7                Madam President, the Health 

 8   Department needs to share the data they are using 

 9   to make these decisions.  Business owners and the 

10   public deserve answers.  We, as elected 

11   officials, we should be demanding transparency.  

12   And the Senate Majority needs to use their powers 

13   to get the answers and to put an end to this.  

14                These arbitrary restrictions are 

15   hurting our local restaurants and bars, which are 

16   essential to our downtowns.  They're essential to 

17   the economic livelihood of our communities.  Many 

18   of these small businesses have closed, and too 

19   many others continue to struggle under the 

20   state's ever-changing restrictions.

21                Section 5 of the law states that the 

22   Legislature may terminate a state disaster 

23   emergency by concurrent resolution.  During the 

24   March 5th debate on this bill, it was stated that 

25   if there is something in there you don't like, 


                                                               2775

 1   put it in a resolution and call for its repeal.  

 2   We have the ability to do that with a simple 

 3   majority.

 4                My colleagues and I have put forth 

 5   two resolutions, one to rescind the curfew for 

 6   bars and restaurants, another to rescind the 

 7   mandate that requires customers to purchase food 

 8   with alcohol.  These resolutions have yet to be 

 9   taken up.

10                Our bars and restaurants are 

11   screaming for help.  They're begging for our 

12   help.  We're nearing peak tourism season.  The 

13   state is launching a tourism campaign called 

14   "Roam the Empire."  It's to encourage New Yorkers 

15   to travel and vacation within our beautiful 

16   state.  I think this is an absolutely fantastic 

17   idea.  

18                In the spirit of this campaign, to 

19   bolster local tourism, we should be doing 

20   everything possible to support our tourism and 

21   hospitality industry, which includes removing the 

22   curfews on our bars and restaurants.

23                School reopening is another area, I 

24   believe, where the state has failed New Yorkers, 

25   failed our children and families.  The Senate 


                                                               2776

 1   should be leading the way on safely reopening our 

 2   schools.  We should be united in supporting the 

 3   education of our children, their academic and 

 4   social development and their mental well-being.

 5                After waiting six weeks, six weeks 

 6   for updated guidance on reopening, the Health 

 7   Department on April 9th released this 

 8   information.  But it was difficult to find, 

 9   right?  There was no grand announcement.  It 

10   seemed to be done under the cover of darkness.

11                The guidance, which generally 

12   follows the recommendation of the CDC, also left 

13   our schools and our county health departments 

14   scrambling and jumping through additional hoops 

15   to reopen.

16                The Senate should be doing 

17   everything in our power to support students and 

18   families, small business owners and employees.  

19   The Senate should be doing everything within our 

20   power to stimulate our economic recovery and help 

21   people get back to work.

22                But I think that's our problem, 

23   right, that we're not doing everything within our 

24   power.  And the reason why we're not is because 

25   we've given the authority to the Governor.  


                                                               2777

 1                We can do better, and we have to do 

 2   better.  We need to completely provide 

 3   legislative oversight.  This is how we ensure the 

 4   voices of our constituents are being heard on the 

 5   important matters facing our state.  

 6                And so again, I urge my colleagues, 

 7   for the good of our state and the communities and 

 8   the people that we represent, restore the lawful 

 9   role of the Legislature.  Reinstate our coequal 

10   branches of government and our system of checks 

11   and balances.  End the Governor's extraordinary 

12   powers once and for all.

13                For these reasons, Madam President, 

14   I strongly urge you to reconsider your ruling.

15                ACTING PRESIDENT PERSAUD:   Thank 

16   you, Senator.

17                I want to remind the house that the 

18   vote is on the procedures of the house and the 

19   ruling of the chair.

20                Those in favor of overruling the 

21   chair signify by saying aye.

22                SENATOR LANZA:   Request a show of 

23   hands.

24                SENATOR GIANARIS:   Madam President, 

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


                                                               2778

 1   record each member of the Minority in the 

 2   affirmative.

 3                ACTING PRESIDENT PERSAUD:   Without 

 4   objection, so ordered.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 20.

 7                ACTING PRESIDENT PERSAUD:   The 

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

 9   is before the house.

10                Are there any other Senators wishing 

11   to be heard?

12                Seeing and hearing none, debate is 

13   closed.  The Secretary will ring the bell.

14                Read the last section.

15                THE SECRETARY:   Section 6.  This 

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

17   shall have become a law.

18                ACTING PRESIDENT PERSAUD:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT PERSAUD:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 63.

24                ACTING PRESIDENT PERSAUD:   The bill 

25   is passed.


                                                               2779

 1                Senator Gianaris, that completes the 

 2   reading of today's controversial calendar.

 3                SENATOR GIANARIS:   Is there any 

 4   further business at the desk?

 5                ACTING PRESIDENT PERSAUD:   There is 

 6   no further business at the desk.

 7                SENATOR GIANARIS:   Move to adjourn 

 8   until Monday, April 26th, at 3:00 p.m., 

 9   intervening days being legislative days.

10                ACTING PRESIDENT PERSAUD:   On 

11   motion, the Senate stands adjourned until Monday, 

12   April 26th, at 3:00 p.m., intervening days being 

13   legislative days.

14                (Whereupon, at 11:30 a.m., the 

15   Senate adjourned.)

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