1012
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 March 2, 2021
11 3:12 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1013
1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BENJAMIN: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 March 1, 2021, the Senate met pursuant to
17 adjournment. The Journal of Sunday, February 28,
18 2021, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
1014
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Mr. President,
7 can we adopt the Resolution Calendar, with the
8 exception of Resolution 437.
9 ACTING PRESIDENT BENJAMIN: All in
10 favor of adopting the Resolution Calendar, with
11 the exception of Resolution 437, please signify
12 by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT BENJAMIN:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT BENJAMIN: The
18 Resolution Calendar is adopted.
19 Senator Gianaris.
20 SENATOR GIANARIS: Can we now take
21 up Resolution 437, by Senator Kennedy, read its
22 title only, and recognize Senator Kennedy.
23 ACTING PRESIDENT BENJAMIN: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
1015
1 437, by Senator Kennedy, celebrating the life and
2 legacy of the Honorable Hugh B. Scott,
3 United States Magistrate Judge for the Western
4 District of New York, distinguished citizen and
5 devoted member of his community.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Kennedy on the resolution.
8 SENATOR KENNEDY: Thank you very
9 much, Mr. President.
10 Today I rise to honor a Buffalo
11 legend, a legend in our state and nation, a true
12 trailblazer that we heartbreakingly lost earlier
13 this month, the Honorable United States
14 Magistrate Judge Hugh B. Scott.
15 Judge Scott was born and raised in
16 Buffalo and Western New York, attending Buffalo
17 and Amherst public schools, and later receiving a
18 degree from Niagara University, where he met his
19 wife, Trudy, as well as being a graduate of the
20 University of Buffalo.
21 Over the years he served as an
22 Assistant Erie County Attorney and an Assistant
23 Corporation Counsel for the City of Buffalo. He
24 later became the first black Assistant U.S.
25 Attorney with the U.S. Attorney's office for the
1016
1 Western District of New York.
2 He was nothing short of ambitious,
3 working in the State Attorney General's office,
4 becoming a Buffalo City Court Judge in the '80s,
5 and ultimately earning the title of United States
6 Magistrate Judge, where he made history yet again
7 as the first African-American to serve as a
8 Federal Court judge in the Western District of
9 New York.
10 Judge Scott believed deeply in
11 justice, but he also believed deeply in people.
12 He was responsible for creating the U.S. District
13 Court's Reentry Court, designed to help people
14 who had served sentences with job training and
15 other skill development, in order to support
16 their transition back into society, because
17 that's who he was. Judge Hugh Scott was invested
18 in creating a better path forward for
19 New Yorkers.
20 For more than 30 years, he returned
21 to his alma mater, the University at Buffalo Law
22 School, to teach trial technique. He served on
23 the Board of Trustees of Niagara University,
24 Canisius College, and the Catholic Health System.
25 And he was an active member of transformative
1017
1 community and cultural organizations like the
2 NAACP, the Buffalo Urban League, and the
3 Buffalo Philharmonic Orchestra, just to name a
4 few of dozens.
5 But above all, Judge Hugh B. Scott
6 was a family man. He was a husband, a father,
7 and in recent years a grandfather. When you
8 spoke with Judge Scott, his family would
9 inevitably always come up in conversation because
10 they were his ultimate source of pride. Although
11 his community commitments were plenty, his family
12 always came first. That was Judge Scott, a
13 tremendous man of honor and integrity.
14 We laid Judge Hugh Scott to rest
15 this past Sunday, and so many people lovingly
16 shared their own memories of him -- a Buffalo
17 icon with an enormous heart. His legacy will
18 live on with his children and the city he
19 dedicated his life to, and for that we are
20 forever grateful.
21 As a Legislature we send our deepest
22 condolences to his family; his wife, Trudy -- his
23 wife of 47 years, mind you -- his sons, Hugh Jr.
24 and Everett; his daughter-in-law and grandson.
25 May Judge Hugh B. Scott rest in peace.
1018
1 Thank you, Mr. President.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Mayer on the resolution.
4 SENATOR MAYER: Thank you,
5 Mr. President.
6 I rise to speak about this
7 resolution and, more fundamentally, to speak
8 about the kind of man that Judge Hugh Scott was
9 and how important he was to hundreds of young
10 lawyers, myself included.
11 In 1982, as a young lawyer in
12 Buffalo with an infant child, I applied for a
13 position as an assistant attorney general in the
14 Buffalo office of then Attorney General Bob
15 Abrams. The AAG in charge of the office was
16 Hugh Scott, a smart, principled and strong lawyer
17 with a great reputation.
18 Before him was the newly elected
19 Attorney General's charge to change the office
20 from purely a defensive law office to one that
21 promoted public advocacy and cases on behalf of
22 the public interest.
23 They had created a new job, an
24 attorney for public advocacy. I applied for the
25 position and wasn't sure I would make it, for
1019
1 right before I applied I had sued the Chief Clerk
2 of the Federal District Court for pregnancy
3 discrimination and taken on a person with power
4 and influence.
5 Having been an Assistant U.S.
6 Attorney, Judge Scott knew that the Chief Clerk
7 wielded enormous power over the District Court, a
8 court of great importance to the office. I was
9 afraid he would be cautious and risk-averse, as
10 some in government have the tendency to be. But
11 to my surprise at the time, he openly admired my
12 courage and persistence for openly challenging a
13 discriminatory practice.
14 He hired me, encouraged me, and was
15 a mentor to me personally. He set me on a path
16 of advocacy and legal courage that I owe in large
17 part to his willingness to take a chance to help
18 and propel me on a journey that led me to this
19 chamber here today.
20 As Senator Kennedy said, Judge Scott
21 had extraordinary accomplishments -- the first
22 African-American Assistant U.S. Attorney for the
23 Western District; the first African-American to
24 head the second-largest office of the Attorney
25 General, reelected twice to the Buffalo City
1020
1 Court, 20 years an esteemed U.S. Magistrate
2 Judge, leader in his community, law professor,
3 and justice seeker.
4 But we should not leave out he
5 touched the lives of many that are not so public
6 and that should be acknowledged, mine included.
7 Thank you, Judge Scott for all you
8 did for the community, the legal profession, and
9 all who interacted with you.
10 Thank you, Senator Kennedy, for
11 bringing this resolution to the floor to honor
12 his memory.
13 I extend my deepest condolences to
14 his wife, Trudy; his sons, Hugh Jr. and Everett;
15 and to his whole family. May his memory be a
16 blessing.
17 ACTING PRESIDENT BENJAMIN: The
18 question is on the resolution. All in favor
19 signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT BENJAMIN:
22 Opposed?
23 (No response.)
24 ACTING PRESIDENT BENJAMIN: The
25 resolution is adopted.
1021
1 Senator Gianaris.
2 SENATOR GIANARIS: At the request
3 of Senator Kennedy, this resolution is open for
4 cosponsorship.
5 ACTING PRESIDENT BENJAMIN: The
6 resolution is open for cosponsorship. Should you
7 choose not to be a cosponsor of the resolution,
8 please notify the desk.
9 Senator Gianaris.
10 SENATOR GIANARIS: Mr. President,
11 there is a privileged resolution at the desk.
12 Please take that resolution up, read its title,
13 and recognize Senator Mayer.
14 ACTING PRESIDENT BENJAMIN: There
15 is a privileged resolution at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senate Resolution
18 438, by Senator Mayer, Concurrent Resolution of
19 the Senate and Assembly providing for the
20 election of four Regents of the University of the
21 State of New York.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Mayer on the resolution.
24 SENATOR MAYER: Thank you,
25 Mr. President.
1022
1 It's truly my honor to speak on
2 behalf of this Concurrent Resolution of the
3 Senate and Assembly providing for the election of
4 four Regents of the University of the State of
5 New York.
6 These are four outstanding
7 individuals who came before an assembled
8 committee of Assemblymembers and Senators. We
9 had the opportunity to question them at length,
10 to review their resumes, and to collectively
11 determine who would best serve the children and
12 the adults of the State of New York that are
13 subject to the jurisdiction and the regulations
14 of the State Education Department.
15 I'm very pleased these four
16 individuals are subject to this resolution:
17 That Elizabeth Hakanson, of the
18 County of Onondaga, be reelected Regent of the
19 University of the State of New York from the
20 5th Judicial District, for a term of five years.
21 That Ruth B. Turner, of the County
22 of Monroe, be elected as Regent of the University
23 of the State of New York from the 7th Judicial
24 District, for a term of one year.
25 That Dr. Aramina Vega Ferrer, of the
1023
1 County of the Bronx, be elected as Regent of the
2 University of the State of New York from the
3 12th Judicial District, for a term of two years.
4 And that Dr. Luis O. Reyes, of the
5 County of New York, be reelected At Large a
6 Regent of the University of the State of
7 New York, for a term of five years.
8 Each of these individuals has agreed
9 to serve as a volunteer in one of the most
10 important positions in this state, which is a
11 Regent that determines the educational policy and
12 other issues that come before the State Education
13 Department.
14 I commend my colleagues to be voting
15 in the affirmative on this very important step
16 forward. We look forward to working closely with
17 these Regents, as we do with the others, and we
18 thank them for their service, their willingness
19 to volunteer and, most importantly, their
20 willingness to share their experience and
21 knowledge with all the people of New York.
22 Thank you, Mr. President.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Cooney on the resolution.
25 SENATOR COONEY: Thank you,
1024
1 Mr. President.
2 I rise in support of Ruth B.
3 Turner's appointment to the New York State Board
4 of Regents, on behalf of Senator Brouk and
5 myself.
6 Ms. Turner has nearly two decades of
7 service in education in large urban school
8 settings. Most recently she's provided critical
9 leadership within the Department of Student
10 Support Services within the Rochester City School
11 District, my alma mater.
12 Ms. Turner is a licensed clinical
13 social worker who brings her experience and
14 restorative practices in implicit bias and social
15 and emotional learning to this work at the time
16 when these practices are so greatly needed for
17 our students who are seeking to recover from the
18 COVID-19 pandemic.
19 Ms. Turner understands these unique
20 needs of our diverse student population across
21 the 7th Judicial District, and she will be a
22 passionate advocate for our school-age children.
23 On behalf of the educators,
24 administrators, students and families, we are so
25 confident that Ms. Turner will bring a trusted
1025
1 community voice to the Board of Regents, and I
2 strongly support her appointment.
3 Thank you, Mr. President.
4 ACTING PRESIDENT BENJAMIN: The
5 question is on the resolution. The Secretary
6 will call the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT BENJAMIN: The
12 resolution is adopted.
13 Senator Gianaris.
14 SENATOR GIANARIS: Mr. President,
15 can we now take up the calendar.
16 ACTING PRESIDENT BENJAMIN: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number 88,
19 Senate Print 1463A, by Senator Addabbo, an act to
20 amend Chapter 473 of the Laws of 2010 amending
21 the Racing, Pari-Mutuel Wagering and Breeding
22 Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
1026
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 145, Senate Print 238, by Senator Thomas, an act
12 to amend the Social Services Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 SENATOR GIANARIS: Lay it aside for
16 the day, please.
17 ACTING PRESIDENT BENJAMIN: The
18 bill will be laid aside for the day.
19 THE SECRETARY: Calendar Number
20 150, Senate Print 1592, by Senator Rivera, an act
21 to amend the Public Health Law.
22 SENATOR LANZA: Lay it aside.
23 ACTING PRESIDENT BENJAMIN: Lay it
24 aside.
25 THE SECRETARY: Calendar Number
1027
1 196, Senate Print 1765, by Senator Mannion, an
2 act to amend the Mental Hygiene Law and the
3 Executive Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the 30th day after it
8 shall have become a law.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN: Senator
13 Reichlin-Melnick to explain his vote.
14 SENATOR REICHLIN-MELNICK: Thank
15 you, Mr. President.
16 I rise in strong support of this
17 legislation. I think this is a long overdue bill
18 that we're taking up here, and it frankly will
19 have a significant impact even in my district,
20 where the Office of Mental Health is looking to
21 close the Rockland Children's Psychiatric Center.
22 And this is a very misguided
23 proposal. It will cost the jobs of many of our
24 employees of CSEA and PEF. It will really risk
25 the mental health of children in Rockland and the
1028
1 Greater Lower Hudson Valley area, closing the
2 only inpatient facility between the Bronx and,
3 you know, I believe Utica and Albany.
4 And so I think this is an excellent
5 bill. The Legislature needs to have a role in
6 making these decisions that are going to impact
7 local communities and impact some of our most
8 vulnerable citizens in this state. So I thank
9 Senator Mannion for introducing this bill, and
10 I'm proud to vote in favor of it.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Martucci to explain his vote.
13 SENATOR MARTUCCI: Thank you,
14 Mr. President.
15 I want to begin by thanking my
16 colleague Senator Mannion for bringing this bill
17 to the floor. I was proud to join Senator
18 Mannion as a cosponsor.
19 This bill is also important to my
20 district and directly impacts my district. In
21 the Governor's Executive Budget proposal, our
22 Governor proposes the closure of an OCFS
23 facility, the Goshen Secure Center, which is home
24 not only to some of the state's most at-risk
25 youth, but also over a hundred union members,
1029
1 members of CSEA and PEF.
2 This bill requires one year's notice
3 for a facility closure and leaves the final
4 decision about those closures to the Legislature,
5 which is where it belongs.
6 It's never been more clear than
7 right now that this Legislature should have a
8 voice in important matters like this, and that it
9 should not be left only to the Governor. We see
10 what the Governor has done with his powers.
11 Finally, besides this being good
12 government, this is a good bill for people. Last
13 week I met a young man named Jesus who spent five
14 years as a resident of the Goshen Secure
15 facility. At 14 years old, he went to Goshen
16 Secure because his life was headed in the wrong
17 direction: He was a member of a gang and he was
18 involved in and committed violent crimes.
19 And today, because of the great work
20 and the great people employed at Goshen Secure,
21 he has his own family and he's licensed as a
22 master barber.
23 This bill puts jobs first, it puts
24 people first, and I'm proud to vote in favor.
25 ACTING PRESIDENT BENJAMIN: Senator
1030
1 Reichlin-Melnick to be recorded in the
2 affirmative.
3 Senator Martucci to be recorded in
4 the affirmative.
5 Senator Mannion to explain his vote.
6 SENATOR MANNION: Thank you,
7 Mr. President.
8 I rise to speak in support of this
9 bill, and I thank my colleagues Senator Martucci
10 and Senator Reichlin-Melnick for their support as
11 well.
12 As chair of the Disabilities
13 Committee, I believe strongly in fighting for IDD
14 New Yorkers with real action and real policy, and
15 I believe this bill achieves that.
16 Keeping vulnerable New Yorkers in a
17 familiar setting -- in some cases, where they've
18 lived for many years or decades -- is the right
19 thing to do for them and their families. The
20 current closure process is only 90 days, and this
21 bill would extend it to one year.
22 This will provide the time needed to
23 properly study a potential closure with input
24 from families, staff, and the community. The
25 people who provide the care to these individuals
1031
1 and have developed relationships with them cannot
2 be quickly repurposed without a negative impact
3 to both those individuals that provide the care
4 and the residents of the facility.
5 This bill strengthens our oversight
6 as a Legislature of OPWDD, OMH, and OCFS, which
7 is necessary and is our responsibility as a
8 coequal branch of government.
9 This bill is impactful as a memory
10 to my aunt, a woman with Down syndrome who lived
11 in residential facilities, and I saw the
12 excellent care that was provided for her and
13 could speculate as to what would happen if one of
14 her facilities was closed in a rapid manner many
15 years ago.
16 I watched as my father advocated for
17 her to make sure that she was in a sound facility
18 with quality care providers, and we saw the
19 fruition of that.
20 I'm proud to sponsor this bill for
21 individuals and families across New York State,
22 and I proudly cast my vote in the affirmative.
23 Thank you.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Mannion to be recorded in the affirmative.
1032
1 Announce the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 204, Senate Print 290, by Senator Myrie, an act
7 to amend the Debtor and Creditor Law.
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 204, those Senators voting in the
19 negative are Senators Akshar, Borrello, Gallivan,
20 Griffo, Helming, Jordan, Martucci, Oberacker,
21 O'Mara, Ortt, Palumbo, Rath, Ritchie, Serino,
22 Tedisco and Weik.
23 Ayes, 46. Nays, 16.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
1033
1 THE SECRETARY: Calendar Number
2 381, Senate Print 210A, by Senator Persaud, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day after it
8 shall have become a law.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 382, Senate Print 3209, by Senator Salazar, an
19 act to amend the Public Health Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 120th day after it
24 shall have become a law.
25 ACTING PRESIDENT BENJAMIN: Call
1034
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Pardon me. Excuse
9 me. Actually, in relation to Calendar 382,
10 voting in the negative: Senator Lanza.
11 Ayes, 61. Nays, 1.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 383, Senate Print 3474, by Senator Cooney, an act
16 to amend the Public Health Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 30th day after it
21 shall have become a law.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN: Senator
1035
1 Cooney to explain his vote.
2 SENATOR COONEY: Thank you,
3 Mr. President.
4 Lian Gravelle was a young mother, an
5 attorney, a resident of the Town of Greece, and a
6 passionate volunteer for maternal health.
7 A few weeks after she spoke at an
8 event for me about her own struggles, Lian
9 unfortunately died at the age of 38, due to
10 complications from preeclampsia. Preeclampsia is
11 a pregnancy complication characterized by high
12 blood pressure and stress on a mother's organs.
13 If left untreated, preeclampsia can lead to organ
14 damage, strokes and seizures, premature birth,
15 and in Lian's case, death.
16 However, there is hope. Education
17 can lead to early detection and prevention.
18 Lian's Law will help increase awareness of
19 preeclampsia to those who are most at risk.
20 The CDC reported in 2019 that black
21 women are two to three times more likely to die
22 from pregnancy-related causes than white mothers.
23 Increasing access to education about maternal
24 health challenges like preeclampsia is not only
25 addressing healthcare challenges and
1036
1 accessibility, but also a matter of equity.
2 In closing, I rise to support this
3 legislation in honor of Lian Gravelle, a fierce
4 advocate for those most at risk. This bill
5 honors her family, including her sons, Enzo and
6 Charlie, and carries her spirit and will save the
7 lives of mothers across New York.
8 Thank you, Mr. President.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Cooney to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 384, Senate Print 4827, by Senator Salazar, an
17 act to direct the Department of Financial
18 Services to review covered benefits related to
19 childbirth offered by health insurance policies.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
1037
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 402, Senate Print 3178, by Senator Sanders, an
9 act to amend the Social Services Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 90th day after it
14 shall have become a law.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 Senator Gianaris, that completes the
24 reading of today's calendar.
25 SENATOR GIANARIS: Let us now move
1038
1 to the controversial calendar, please.
2 ACTING PRESIDENT BENJAMIN: The
3 Secretary will ring the bell.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 150, Senate Print 1592, by Senator Rivera, an act
7 to amend the Public Health Law.
8 ACTING PRESIDENT BENJAMIN: Senator
9 Lanza, why do you rise?
10 SENATOR LANZA: Mr. President, I
11 believe there's an amendment at the desk. I
12 waive the reading of that amendment and ask that
13 you recognize Senator Weik to be heard.
14 ACTING PRESIDENT BENJAMIN: Thank
15 you, Senator Lanza.
16 Upon review of the amendment, in
17 accordance with Rule 6, Section 4B, I rule it
18 nongermane and out of order at this time.
19 SENATOR LANZA: Accordingly,
20 Mr. President, I appeal the ruling of the chair
21 and ask that Senator Weik be recognized.
22 ACTING PRESIDENT BENJAMIN: The
23 appeal has been made and recognized, and
24 Senator Weik may be heard.
25 SENATOR WEIK: Mr. President, I
1039
1 rise to appeal the ruling of the chair.
2 I propose the amendment is germane
3 to the bill at hand because the bill amends the
4 Public Health Law.
5 Over the course of the last year,
6 the Governor has issued dozens of orders amending
7 the Public Health Law; specifically, orders
8 related to one of the most vulnerable
9 populations, our seniors. And for months, our
10 conference has been calling for an independent
11 top-to-bottom investigation of Governor Cuomo and
12 his administration's disastrous mishandling of
13 COVID-19 in our nursing homes.
14 This past week additional
15 information has come to light with not one but
16 two former staffers and a private citizen coming
17 forward with disturbing allegations of sexual
18 harassment. When these allegations were made,
19 myself and members of our conference were the
20 first to call on Attorney General James to
21 appoint a special prosecutor.
22 I applaud Attorney General James for
23 not accepting the Governor's proposal. I cannot
24 stress enough the importance that the
25 investigation must be completed independently.
1040
1 That cannot happen if anyone in the Governor's
2 orbit is involved.
3 We've seen the chapters of the
4 Governor's mismanagement unravel week by week.
5 His deadly March 25th order sent more than 9,000
6 COVID-positive patients into nursing homes and
7 contributed to the deaths of 15,000 seniors.
8 He has never once taken the blame or
9 even apologized. In fact, his administration
10 covered it up, and they are currently under
11 federal investigation as a result.
12 Under his administration, the
13 vaccine rollout has been an unmitigated disaster,
14 and millions of New Yorkers are still unable to
15 get shots or even information for appointments.
16 In the midst of a global pandemic,
17 top staffers left the Department of Health with
18 no explanation.
19 The Commissioner of Health and the
20 administration refused a request by the
21 Legislature to make data about nursing homes
22 available both to us and the public. He was
23 supposed to appear at the Health budget hearing
24 in the beginning of February but postponed it
25 three weeks in another attempt to stonewall us.
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1 It was only after the Attorney
2 General's report, and under court order, that
3 they finally released the information. And just
4 this week, he continued to stonewall myself and
5 my colleagues when he finally appeared at the
6 Health hearing. He refused to say why those
7 decisions were made, who made them, and who
8 decided to withhold the information.
9 We deserve answers. The families
10 deserve answers.
11 Throughout it all, the Governor
12 continues to have unchecked power, as our
13 Democrat colleagues have repeatedly blocked our
14 efforts to rescind his emergency powers and
15 restore much-needed checks and balances. My
16 colleague, Senator Helming, introduced a bill to
17 remove the Governor's executive powers and
18 restore the Legislature as a coequal branch of
19 the government last May.
20 We voted on it 18 -- today is the
21 19th time this year, and not one member of the
22 Democratic Majority joined us.
23 We are all still in the midst of a
24 pandemic. We have an upcoming budget deadline,
25 with a huge deficit to address, and a looming
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1 financial crisis that affects all New Yorkers.
2 This Governor has broken the public trust over
3 and over at a time when what this state needs is
4 true leadership.
5 Tomorrow is going to be one year
6 that we granted these powers. We need to have
7 our voice back as a Legislature. I call on my
8 colleagues across the aisle -- hopefully for the
9 last time, as I hear there may be good news on
10 the horizon -- to please join us in taking this
11 step. It is your duty to the people of New York.
12 This man should not have this power.
13 Thank you.
14 ACTING PRESIDENT BENJAMIN: Thank
15 you, Senator Weik.
16 I want to remind the house that the
17 vote is on the procedures of the house and the
18 ruling of the chair.
19 Those in favor of overruling the
20 chair signify by saying aye.
21 SENATOR LANZA: Request a show of
22 hands.
23 SENATOR GIANARIS: We have agreed to
24 waive the showing of hands, Mr. President, and
25 record every member of the Minority in the
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1 affirmative.
2 ACTING PRESIDENT BENJAMIN: Without
3 objection, so ordered.
4 Announce the results.
5 THE SECRETARY: Ayes, 20.
6 ACTING PRESIDENT BENJAMIN: The
7 ruling of the chair stands, and the bill-in-chief
8 is before the house.
9 Are there any other Senators wishing
10 to be heard?
11 Seeing and hearing none, debate is
12 closed. The Secretary will ring the bell.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of January.
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, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 Senator Gianaris, that completes the
25 reading of the controversial calendar.
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1 SENATOR GIANARIS: Is there any
2 further business at the desk?
3 ACTING PRESIDENT BENJAMIN: There
4 is no further business at the desk.
5 SENATOR GIANARIS: In that case, I
6 move to adjourn until tomorrow, Wednesday,
7 March 3rd, at 3:00 p.m.
8 ACTING PRESIDENT BENJAMIN: On
9 motion, the Senate stands adjourned until
10 Wednesday, March 3rd, at 3:00 p.m.
11 (Whereupon, at 3:40 p.m., the Senate
12 adjourned.)
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