•

S.8450C protects confidential information collected by

Dear Neighbor, contact tracers from being shared with immigration or
This has been a year of unprecedented challenges for law enforcement agencies or using identifying information
New York State. We have lost over 32,000 New Yorkers collected beyond its intended scope.
to COVID-19 and many more have faced severe health • S.8245A (Ch. 99) requires the Department of Health to
consequences. The economic damage has impacted huge conduct a study on the health impacts of COVID-19 on
numbers of New Yorkers, with millions facing unemployment minorities in New York State. This builds on the recent joint
and businesses shuttered across the State. For so many, legislative hearing held on the disproportionate impact of
this has made meeting the basic needs of life difficult or COVID-19 on minority communities.
impossible. For me and my colleagues in the Legislature, the • S.8182A (Ch. 110) allows licensed pharmacists to
focus of our legislative agenda became the emergency health administer a vaccine for COVID-19 no sooner than 90 days
and economic crises the State is facing. This has been made after a vaccine has been approved by the United States Food
more challenging by declining tax revenues. and Drug Administration Center for Biologics Evaluation
New York is also facing a period of reckoning with systemic and Research and after the Department of Health and State
racism. In the wake of the murder of George Floyd by Education Department certify that having pharmacists
police in Minnesota, the entire Nation has been swept by a administer the vaccine is in the best interest of public health.
new wave of activism aimed at addressing police violence. • S.8416 (Ch. 124) ensures coverage for teledhealth and
The COVID-19 pandemic has also highlighted what we telemedicine services will be eligible for reimbursement from
already knew about health disparities, as the disease has insurance companies. This will help ensure that individuals
disproportionately killed Black and Latinx people. The will continue to be able to access needed health care services
Legislature has responded by passing a number of reforms, while still maintaining proper social distancing to prevent
and I hope we will continue to focus on the critical work of spread of COVID-19.
ensuring that all New Yorkers are truly treated equally - by
• S.8397A (Ch. 117) provides whistleblower protections to
the police, by our healthcare system, by our schools, in our
healthcare workers speaking out about workplace safety
housing policy, and in every other aspect of State policy.
or health violations including to the news media or on social
This Albany Update will provide my usual review of major media.
legislative action, but obviously in the very different context
• S.8835 (Ch. 134) passed in July to limit the immunity from
in which we find ourselves in 2020. In addition, unlike
liability of healthcare professionals who treat patients
most years when Session ends in June, the Legislature is
during the COVID-19 State of Emergency. The State Fiscal
continuing to meet as needed, so this is more of an ongoing
Year 2020-21 Budget had included broader immunity language
update. There will be more to report later in the year, as I
and this bill seeks to prospectively balance the protections
am under no illusions that this crisis is close to over, and
afforded to our heroic health care workers while recognizing
I know there will need to be more action by the State to
the rights of their patients when provided care.
address new issues. In the lists of bills below, I’ve included
Chapter numbers for bills that have already been signed by Nursing and Adult Residential Homes
the Governor. COVID-19 hit nursing homes particularly hard, and revealed
Despite the pandemic, my offices have stayed open to weaknesses both in practices at nursing and adult residential homes
respond to your needs and you should feel free to reach out and the State response to protecting this extremely vulnerable
to us by phone, email, postal service mail, etc. We have population. These mistakes resulted in far too many needless
also increased our updates via email to keep you informed deaths. There was clearly a need for better regulation as well as
of all resources regarding COVID-19 and government legislative changes. The Legislature passed S.8289B (Ch. 114),
programs. If you would like our email updates, send an email which requires residential health care facilities to prepare and
to [email protected] with “Add me to lizlist” in the comply with an annual pandemic emergency plan. This will help
subject line. residential healthcare facilities, including nursing homes, ensure the
safety of their staff and residents during pandemics like COVID-19.
In addition, in August, I participated in joint legislative hearings
on the impacts of the pandemic in residential health facilities that I
expect will result in further legislation to improve health and safety.
I was also a co-sponsor of S.8633 which would create the
Legislation Responding to the Pandemic: “reimagining long-term care task force” to study the capacity and
The pandemic has fundamentally altered all our lives, and in quality of existing long-term care services in New York State,
response, the State has necessarily updated its laws in a host and will plan to ensure that the State can meet the future needs of
of ways to effectively address this new reality. In March, the older New Yorkers so they can live in safety and with dignity. This
Legislature granted the Governor authority to modify many legal legislation passed the Senate in July, but has not been acted on by
requirements in order to address this reality, subject to legislative the Assembly as of this writing.
review. I believe that granting the Governor additional authority
was necessary in order to provide the flexibility for a timely Housing
response to the challenges presented by the pandemic. Millions of New Yorkers are struggling to make rent or mortgage
However, it is also important for the Legislature to review payments as a result of the pandemic and economic crisis. In the
these decisions and modify them or codify them into law when spring and summer, the Legislature passed several bills to address
appropriate. Both through the budget process and subsequent these issues, including:
legislative sessions, the Legislature passed a number of measures • S.8419 (Ch. 125) establishes an interim residential rent
designed to improve access to healthcare, to protect the rights of relief program for low-income tenants. The program creates
New Yorkers, and to provide support for New Yorkers struggling a subsidy for tenants who were rent burdened prior to the
financially because of the pandemic. Some of the key measures COVID-19 pandemic – or are paying more than 30 percent of
passed by the Legislature include: their income toward rent – and experienced an even greater
rent burden due to a loss of income.
Health • S.8192B (Ch. 127) prohibits the eviction for nonpayment
The COVID-19 pandemic has caused disruptions and exposed of rent of residential tenants who have suffered financial
weaknesses throughout our healthcare systems. This Legislature hardship and were in arrears on rent while New York on
passed a number of bills to prioritize protecting New Yorkers’ PAUSE imposed restrictions in their county. The tenant would
health during this crisis and help New York prepare for future remain liable for the rent owed, but this legislation will ensure
pandemics, including: New Yorkers are not made homeless due to these extraordinary
• S.8362A (Ch. 115) requires, to the greatest extent possible, that circumstances.
COVID-19 contact tracers be representative of the cultural
and linguistic diversity of our communities. This will mean
better and more complete information can be gathered, which
will in turn help the entire State overcome this pandemic.
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• S.8243C (Ch. 112) requires New York State regulated banking In addition to these bills dealing with issues specific to the
institutions to grant 180 days of mortgage forbearance, pandemic, the Legislature also passed additional measures to
with the option for an additional 180 days, on a residential address endemic issues of discrimination and rights violations,
mortgage on their primary residence to any mortgagor who can including:
demonstrate financial hardship as a result of the COVID-19 • S.6874A (Ch. 131), which penalizes licensed real estate
pandemic. brokers and salespersons by revoking or suspending their
• S.8138B permits municipalities to defer certain property licenses, or issuing a fine, if they violate the Human Rights
taxes during the COVID-19 State of Emergency and will also Law, which includes housing discrimination. This legislation
permit installment payments to be determined by the local was developed after a series of hearings to address systemic
legislative body. No additional interest or penalties will accrue racial discimination in housing on Long Island.
during such deferment. • S.425A bans Immigration and Customs Enforcement (ICE)
• S.8113A (Ch. 108) prohibits a utility corporation or agents from making arrests in New York courthouses. This
municipality from terminating or disconnecting services to bill protects New Yorkers from civil arrests while going to
any residential customer for the nonpayment of an overdue court and conducting or returning from a court proceeding. No
charge for the duration of the COVID-19 State of Emergency. New Yorker should fear accessing the justice system.
This moratorium will last 180 days after the expiration of the • S.52A offers legal protection to any individual or entity
COVID-19 State of Emergency. sued for exercising their free speech rights. Strategic
Education Lawsuits Against Public Participation (“SLAPP suits”) are
suits brought by well-financed corporations and individuals
Faced with a large budget deficit, compounded by the COVID-19
to discourage public criticism. This bill broadens New York’s
crisis, the legislature ensured that Foundation Aid was not cut,
existing anti-SLAPP statute by revising the definition of an
and that education funding from the CARES Act could be used to
“action involving public petition and participation” to include
provide school aid. While New York still owes schools funding, the
a broader definition of matters in the “public interest.” Under
Legislature was able to use federal funding from the CARES Act
this bill, if a defendant’s speech or activity falls under the
to directly fund our schools. The Legislature also passed S.8014-C
protection of the statute, judges will have the ability to dispose
to protect school districts from any reductions in aid as a result of
of meritless claims quickly and also require that victims of
shifting to remote learning for the 2019-2020 school year.
SLAPP lawsuits receive an award of costs and attorneys’ fees,
Support for Workers and the Unemployed thus strongly discouraging those who attempt to limit free
In March, the Legislature passed S.8091, Ch. 125, that provided speech.
for workers to receive paid leave and guaranteed job security if Voting Reforms
they have to undergo a mandatory or precautionary quarantine or
The Legislature began to address New York’s outdated election system
isolation. This paid leave will last for the duration of their order,
last year and that work continued throughout this legislative session,
and is intended so that New Yorkers abide by these precautions and
with additional major reforms passed in January and July. Below are
are not financially punished for helping to contain the coronavirus
key voting reforms that passed both houses of the Legislature:
pandemic. The legislation ensures employees in New York State
will be able to access paid leave if they are subject to a mandatory • S.8806 implements the New York Automatic Voter
or precautionary quarantine due to the coronavirus pandemic Registration Act of 2020 and creates an automatic voter
(COVID-19). The bill also waived the 7-day waiting period registration system through qualified New York State
before New Yorkers can apply for Unemployment Insurance. government agencies and departments.
• S.8130D (Ch. 91) enables New Yorkers to apply for absentee
ballots through an electronic application. This would ensure
When the Legislature returned to Albany in May, we also passed:
more New Yorkers are able to vote and participate in the
• S.8275A (Ch. 97), which suspends the forfeiture of democratic process despite the ongoing pandemic.
unemployment benefits that were previously imposed on
• S.8370B gives voters notice of any deficiencies in their
claims based on false statements or representation for the
absentee ballot envelopes and an opportunity to fix errors to
duration of the declared COVID-19 State of Emergency.
ensure their votes are counted.
• S.8427 (Ch. 89), establishes a COVID-19 pension benefit
• S.8015D (Ch. 139) defines the term “illness” for the
for families of public employees who die due to their
purposes of absentee voting to include instances where a
workplace exposure to the disease.
voter is unable to appear personally at a polling place because
Support for Small Businesses there is a risk of contracting or spreading a disease-causing
Many businesses have been forced to lay off or furlough workers illness to the voter or to other members of the public.
since the pandemic began, causing unemployment to skyrocket • S.8799A (Ch. 140) provides that any absentee ballot shall
and millions of New Yorkers to struggle to make ends meet. be presumed to be timely even if it does not bear a dated
The Legislature passed several bills to better allow State and postmark if such ballot was received and timestamped by the
local governments to help workers and businesses that have day after Election Day. As the Post Office no longer postmarks
been impacted, including S.8181A (Ch. 109), which authorizes prepaid envelopes, existing New York State law requiring a
Industrial Development Agencies (IDAs) to create a COVID-19 postmark needed to be updated.
State of Emergency Loan Program to provide capital funding for • S.8783A (Ch. 138) allows the processing of absentee ballot
small businesses and not-for-profits, and to provide grants for the applications prior to 30 days before the election in order to
acquisition of personal protective equipment to prevent the spread reduce delays in getting ballots to voters.
of COVID-19. • S.8782 requires that in each county, the municipality with the
Protecting New Yorkers’ Rights largest population contains at least one early voting location.
The Senate and Assembly passed a number of measures to protect Several additional reforms passed the Senate but have not yet been
the rights of New Yorkers during this pandemic, including: acted on by the Assembly, and I will be working with my Assembly
colleagues to get these reforms adopted as well:
• S.2665 prevents third-party companies from adding
deceptive charges or fees to consumers’ cell phone bills • S.6930, which I sponsored, will exempt school buildings
without authorization. from being used as early voting polling sites.
• S.7082 (Ch. 130) extends the period of time to file civil claims • S.6926A increases opportunities for early voting by providing
under the Child Victims Act by one year. counties, at local option, with the authority to allow early
voting at portable polling locations.
• S.8189 (Ch. 90) updates New York’s anti-price gouging law
to include medical supplies and services as well as goods and • S.4378 provides that election districts shall not be drawn partly
services used to promote public health. on or off a college campus. It also requires a polling location
on the grounds of the college or university when there are
• S.8415 (Ch. 98) repeals an archaic prohibition on the
300 registered voters or more on the campus.
wearing of costumes and masks in public, which would
advance the public effort to prevent the spread of the • S.6886D requires electors to vote for the Presidential
coronavirus. and Vice Presidential candidate who received the highest
number of votes in New York State.
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Criminal Justice Reforms • S.2575B (Ch. 101) requires State and local law enforcement
In June, the Legislature passed significant policing reforms, including officers, as well as peace officers, to report, within six hours,
the repeal of section 50-a and other important bills to help implement when they discharge their weapon where a person could
real improvements in the relationship between law enforcement in have been struck, whether they were on or off duty.
New York and the people they are sworn to serve and protect. As part of the State Budget, the Legislature and Governor agreed
Though these bills represent progress, they go only a very small to several changes to the bail law, including making several high
way toward righting the wrongs our current systems inflict on Black level offenses eligible to be held in custody for bail including
people and other people of color on a daily basis. Our housing certain sex crimes, high level drug offenses, domestic violence
policies, our public health policies, our education policies, and our felonies, crimes resulting in a death, and offenses directly related
environmental policies, all create the conditions that perpetuate to an individual’s flight risk. The budget also creates a mechanism
widespread segregation in our country, our State, and our City. That to address individuals who repeatedly commit crimes, while
segregation has a direct human cost for individuals and communities maintaining the existing bail structure where most misdemeanors
of color – we see it clear as day in the disparity of deaths caused and non-violent felonies are not subject to being held in custody for
by COVID-19 in those communities. Going forward, we must bail. In addition, the Budget provided $40 million to support the
continually recommit ourselves to addressing the structural, systemic implementation of discovery reforms.
racism that results in significantly diminished outcomes for people Environmental Protection
of color in education, healthcare, employment, the criminal justice The Legislature also acted on several important measures to protect
system, and many other fronts. our environment and respond to climate change, including:
Let me be very clear – these pieces of legislation are not an attack on • S.3392 (Ch. 133) requires any waste from oil and gas
police officers or any police department. Police officers, like elected extraction, including fracking, to be treated as hazardous
officials, are public servants. Elected officials, because we have been if it meets existing State definitions. This waste can contain
given the power to make laws and to allocate public funds, should be hundreds of known and suspected carcinogenic chemicals
held to a higher standard than other citizens. After all, nobody forced and high levels of radioactivity. This bill requires waste from
us to take this job. Similarly, police officers, because they are given fracking to be tested and more closely tracked and places
the power to make arrests and use deadly force when necessary, must restrictions on its use.
also be held to a very high standard of conduct and oversight. That is
• S.6502A prevents the use of glyphosate on State land.
the goal of these bills.
Glyphosate is the active ingredient in many weed-killers,
The bills passed by the Legislature and signed by the Governor and is a probable carcinogen according to the World Health
include: Organization. This will ensure that nobody is exposed to
• S.8496 (Ch. 96) repeals section 50-a of the Civil Rights cancerous chemicals on State parks, playgrounds, and land.
Law, which withholds from the public important information • S.6829B prohibits the use of trichloroethylene (TCE) for a
in the personnel records of police officers, firefighters, and variety of manufacturing uses. TCE is a carcinogen that is
correction officers. This statute has been interpreted to include one of the most frequently detected groundwater contaminants
withholding of disciplinary records of law enforcement and has been the cause of some of the Nation’s most high-
officers. This repeal would subject these records to FOIL, as profile environmental disasters, including the Grumman plume
are all other records kept by public agencies, while protecting on Long Island.
the sensitive personal contact and health information of
• S.8817 bans the use of PFAS chemicals in food packaging.
these officers.
• S.5612A expands protections for smaller waterways that
• S.3253B (Ch. 100) clarifies that a person not under arrest or
support fisheries and non-contact recreation, known as
in police custody has the right to record police activity and
Class C streams. The measure applies protections to about
to maintain custody and control of that recording, and of any
40,000 miles of waterways, including permit requirements for
property or instruments used to record police activities.
any course modifications, bank disturbances or infilling.
• S.6670B (Ch. 94), the “Eric Garner Anti-Chokehold
The Budget also included new environmental protections, including:
Act,” prohibits the use of chokeholds by law enforcement
and establishes the crime of aggravated strangulation as a • Authorization of the $3 billion “Restore Mother Nature
Class-C felony. Chokeholds have been against NYPD policy Bond Act.” Unfortunately, the Governor has made a
for decades, and they are not necessary to deal with non- determination, with authority granted to him in the Budget,
cooperative suspects. that the Bond Act will not go before the voters in this year’s
election due to the economic impacts of the pandemic. I am
• S.1830C (Ch. 102), the Police Statistics and Transparency
hopeful we can revisit this important proposal next year.
(STAT) Act, will require courts to compile and publish racial
and other demographic data of all low-level offenses, including • Banning polystyrene (commonly called Styrofoam) food
misdemeanors and violations. The bill also requires police packaging and polystyrene packaging peanuts beginning
departments to submit annual reports on arrest-related deaths January 1, 2022.
to the Department of Criminal Justice Services and to the • Creating a new Office of Renewable Energy Siting, a
Governor and the Legislature. NYSERDA build-ready program, and an electric power
• S.2574C (Ch. 95) creates an Office of Special Investigation transmission plan to accelerate the development of
under the Attorney General, which will investigate, and, if renewable energy, while ensuring community input and
warranted, prosecute any incident of a person whose death was benefits and environmental protections.
caused by a police officer or peace officer. In addition to these measures, the Senate also passed my bill
• S.3595C (Ch. 104) establishes the Law Enforcement (S.2649C) to tackle counterproductive State fossil fuel subsidies,
Misconduct Investigative Office within the Department shining a light on and potentially halting tax breaks, credits, and
of Law to review, study, audit and make recommendations refunds for the use of dirty fossil fuels. The legislation requires the
regarding operations, policies, programs and practices of local Governor to submit an annual analysis of all fossil fuel-related tax
law enforcement agencies. expenditures, including recommendations regarding continuation,
modification, or repeal of some of the worst offenses. It also
• S.8492 (Ch. 93) establishes a private right of action for a
implements a 5-year sunset provision for the expiration of all
member of a protected class when another person calls a police
current and future fossil fuel-related tax expenditures. The
or peace officer on them without reason to suspect a crime or
State-level measure is the first in the country to specifically target
an imminent threat to person or property existed.
fossil fuel tax subsidies and create a regular public review process.
• S.6601A (Ch. 103) amends the Civil Rights Law by adding a We spend $1.6 billion every year on tax subsidies that support
new section that affirms New Yorkers’ right to medical and the use of dirty fossil fuels, with barely any information about the
mental health attention while in custody. effects of this spending. We need a process in place to regularly
• S.8493 (Ch. 105), the New York State Police Body-Worn analyze and review these subsidies, so that we can strengthen those
Cameras Program, will direct the Division of State Police that actually benefit hard-working New Yorkers, and get rid of
to provide all State Police officers with body-worn cameras those that waste taxpayer dollars and make our climate crisis worse.
that are to be used any time an officer conducts a patrol, and I will be working with my Assembly colleagues to get this bill
prescribes mandated situations when the camera is to be turned passed in the Assembly this year.
on and recording. -3-
Animal Rights State Budget
Both houses of the Legislature passed S.8750 which preserves In April, the Legislature and the Governor reached agreement
endangered and threatened species designations in New York on a 2020-2021 State Budget that addresses the needs of New
State for any species removed from these lists by the Federal York residents and businesses, especially in light of the ongoing
Department of the Interior. In addition, the Senate passed S.4234A, coronavirus pandemic. The Budget is a crisis budget. It is not what
which prohibits the sale of dogs, cats, and rabbits by retail pet we expected to be passing when we came to Albany in January,
shops in order to remove the financial incentive for puppy mills but it is what the moment called for. It recognized the reality of our
and encourage pet adoption. This bill has not yet been acted on fiscal problems and keeps New York State solvent and functioning,
by the Assembly. while devoting resources to meet the reality of the pandemic.
This Budget was not the final word either for this year or long
term. We will need to continue to address the budget impacts of
the pandemic, and will undoubtedly face the need for more tough
decisions later this year. We must begin to chart a path for New
York in which no one is left behind or sacrificed, in which everyone
pitches in their fair share, and in which we make the hard and
complex decisions to ensure a bright future for all New Yorkers.
The Census 2020 deadline has been changed to September 30,

One of my last “in-person” events in February was a community

budget hearing where I was joined by my Senate colleagues who
represent Manhattan, and we heard testimony on a host of issues
facing our State.

New York State Senate, Albany, NY 12247 PRSRT-STD

U.S. POSTAGE

PAID
NEW YORK SENATE

State Senator Liz Krueger’s

Albany Update – Summer 2020
Albany Office:
416 State Capitol
Albany, NY 12247
(518) 455-2297
District Office:
211 East 43rd Street
Suite 1201
New York, NY 10017
(212) 490-9535
E-Mail: [email protected]
Website: krueger.nysenate.gov

Census 2020 – Get Counted for New York! SAVE THE DATE
It is 2020, and it is critical that everyone complete the census. Both
funding and legislative districts are based on census data, so an OCTOBER 15TH 2 PM – 5 PM
undercount will mean less money for education, healthcare, housing SENATOR KRUEGER’S
and many other vital programs, as well as less representation in VIRTUAL SENIOR RESOURCE FAIR
government.
As of this writing, there is a significant undercount for New York This year, we are holding our Annual Senior Resource
City, including Manhattan, where 56% of households have responded, Fair online. We will have virtual sessions on exercise and
compared to 63% nationwide. The undercount is due in part meditation, virtual services offered at senior centers and
to residents leaving the area as a result of the pandemic and organizations that serve older people, employment, and
completing the census, but indicating that they live in the area arts and culture. Along with other major arts and cultural
where they are currently staying, instead of in New York City. organizations, the Temple Emanu-El Streicker Center will
share information about their Fall 2020 programming.
If you left NYC because of COVID or any other reason for a
temporary stay at a weekend or seasonal home, you should still This is the link to Temple Emanu-El Streicker Center’s
respond to Census2020 based your usual residence, not necessarily new fall calendar, giving you access to an array of virtual
where you were on April 1, 2020. If you already responded events: https://streicker.nyc/catalog-fall-2020. Use the
mistakenly that this temporary home was your residence, you can link to find out about extraordinary speakers, including
still make the correction. Jane Fonda, renowned chef Ina Garten, and Gail Collins,
If you have not completed the census or need to make corrections, go journalist and author who will discuss her newest book,
to my2020census.gov or call 844-330-2020. The Census Bureau will “No Stopping Us Now: The Adventures of Older Women
identify and correct duplicate responses. in American History,” scheduled on the evening of October
15, after Senator Krueger’s Virtual Senior Resource Fair.