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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 11, 2021
11 11:27 a.m.
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14 REGULAR SESSION
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18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: 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 BAILEY: 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 BAILEY: Reading
14 of the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, March 10, 2021, the Senate met
17 pursuant to adjournment. The Journal of Tuesday,
18 March 9, 2021, was read and approved. On motion,
19 Senate adjourned.
20 ACTING PRESIDENT BAILEY: 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.
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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 let's begin by taking up the reading of the
8 calendar, please.
9 ACTING PRESIDENT BAILEY: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 120, Senate Print 30, by Senator Kaplan, an act
13 authorizing the Empire State Development
14 Corporation to develop a public awareness
15 campaign.
16 SENATOR LANZA: Lay it aside.
17 ACTING PRESIDENT BAILEY: Lay it
18 aside.
19 THE SECRETARY: Calendar Number
20 155, Senate Print 391, by Senator Kaminsky, an
21 act to amend the Town Law and the Village Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect on the 180th day after it
1374
1 shall have become a law.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 155, those Senators voting in the
9 negative are Senators Akshar, Borrello and Ortt.
10 Ayes, 60. Nays, 3.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 180, Senate Print 988, by Senator Gaughran, an
15 act to amend the Navigation Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
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1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 264, Senate Print 996, by Senator Hoylman, an act
5 to amend the Domestic Relations Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 264, those Senators voting in the
17 negative are Senators Borrello, Helming, Jordan,
18 Ortt and Serino.
19 Ayes, 58. Nays, 5.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 282, Senate Print 1903, by Senator Skoufis, an
24 act to amend the Highway Law.
25 ACTING PRESIDENT BAILEY: Read the
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1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 410, Senate Print 3049, by Senator Rivera, an act
14 to amend the Civil Practice Law and Rules.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 410, those Senators voting in the
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1 negative are Senators Akshar, Griffo, Helming,
2 Jordan, Lanza, Martucci, Oberacker, Ortt,
3 Palumbo, Rath, Stec and Tedisco.
4 Ayes, 51. Nays, 12.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 413, Senate Print 3263, by Senator Comrie, an act
9 to amend the Public Authorities Law and the
10 Economic Development Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 90th day after it
15 shall have become a law.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 431, Senate Print 664, by Senator Sanders, an act
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1 to amend the Banking Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT BAILEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 476, Senate Print 815, by Senator Biaggi, an act
16 to amend the Insurance Law and the Public Health
17 Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 7. This
21 act shall take effect on the 180th day after it
22 shall have become a law.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 484, Senate Print 2687, by Senator Brooks, an act
8 to amend the Education Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 Senator Gianaris, that completes the
22 reading of today's calendar.
23 SENATOR GIANARIS: Mr. President,
24 let's move to the controversial calendar, please.
25 ACTING PRESIDENT BAILEY: The
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1 Secretary will ring the bell.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 120, Senate Print 30, by Senator Kaplan, an act
5 authorizing the Empire State Development
6 Corporation to develop a public awareness
7 campaign.
8 ACTING PRESIDENT BAILEY: 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 Stec to be heard.
14 ACTING PRESIDENT BAILEY: 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 you recognize Senator Stec.
22 ACTING PRESIDENT BAILEY: The
23 appeal has been made and recognized, and
24 Senator Stec may be heard.
25 SENATOR STEC: Thank you,
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1 Mr. President.
2 I would argue that this amendment is
3 germane to the bill-in-chief because it deals
4 with the manufacturing of personal protective
5 equipment, and Governor Cuomo has issued many
6 directives that are related to PPEs, including
7 how such equipment shall be distributed.
8 Six days ago, on this Senate floor,
9 we sat and we debated the reining in or the
10 extension of the Governor's powers bill. And on
11 that debate I said that in a week we would know
12 whether or not anything had changed.
13 So in fairness, it's been six days,
14 not seven, but I ask this body what has changed
15 in those six days. And I'll tell you. The
16 number of accusers of sexual harassment has
17 doubled from three to six. Now we're discussing
18 a book deal and the doctoring of a Department of
19 Health report that may have impacted the value of
20 that book deal to the Governor.
21 And tonight, at dinner tables all
22 across America, parents will be sitting down with
23 their children and they are going to be
24 discussing what is aggressive groping. And they
25 will be discussing an allegation of not sexual
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1 harassment, but sexual assault -- recently, in
2 the Mansion, government property, alleged against
3 the Governor by a current employee of the State
4 of New York.
5 What hasn't changed? Bars and
6 restaurants and gyms, nothing has changed for
7 them in the last six days. Nothing. We all, all
8 of us, all 63 of us, represent thousands, between
9 us, thousands of bars and restaurants. They are
10 teetering with failure. Many of them have
11 closed.
12 They still have curfews. They still
13 have a mandate from the Governor that requires
14 that in order to serve alcohol, they have to
15 serve food. And they're limited in their
16 capacity. And they are failing. We are
17 failing -- you are failing our small businesses.
18 I think it's absolutely shameful
19 that our two supermajorities have done nothing to
20 rein in this Governor's powers. They have done
21 nothing to stand up for our female employees.
22 They have done nothing to stand up for our
23 nursing home COVID dead. They have done nothing
24 to stand up for one of our colleagues who's been
25 bullied and threatened in the other house.
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1 They've done nothing for our small businesses.
2 SENATOR GIANARIS: Mr. President.
3 ACTING PRESIDENT BAILEY: Senator
4 Gianaris.
5 SENATOR GIANARIS: We give a lot of
6 latitude to colleagues to have themselves heard,
7 but we're talking about the presiding officer's
8 appeal of a hostile amendment as it relates to
9 the Governor's emergency powers.
10 I think the Senator is well afield,
11 off-track in terms of the subject matter we're
12 supposed to be discussing, so I would encourage
13 him to stay on topic, please.
14 ACTING PRESIDENT BAILEY: Thank
15 you, Senator.
16 SENATOR STEC: I'll wrap it up and
17 bring it a little closer to home.
18 ACTING PRESIDENT BAILEY: Please,
19 Senator Stec.
20 SENATOR STEC: Thank you very much,
21 Mr. President. Thank you to my colleague.
22 It's time for us as a body elected
23 by our constituents to reassert ourselves as a
24 constitutional coequal branch. It was true six
25 months ago, it was true six weeks ago, it
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1 certainly was true six days ago. And after last
2 night, I still question what's left, what is
3 there more for us to see?
4 So I move that this is very germane
5 to the bill because there's been no greater time
6 in our state's recent history where we needed to
7 end these powers and reassert ourselves as a
8 coequal branch of government.
9 Thank you, Mr. President.
10 ACTING PRESIDENT BAILEY: Thank
11 you, Senator Stec.
12 I want to remind the house that this
13 vote is on the procedures of the house and the
14 ruling of the chair.
15 Those in favor of overruling the
16 chair signify by saying aye.
17 SENATOR LANZA: Request a show of
18 hands.
19 SENATOR GIANARIS: Mr. President,
20 we've agreed to waive the showing of hands and
21 record each member of the Minority in the
22 affirmative.
23 ACTING PRESIDENT BAILEY: Without
24 objection, so ordered.
25 Announce the results.
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1 THE SECRETARY: Ayes, 20.
2 ACTING PRESIDENT BAILEY: The
3 ruling of the chair stands, and the bill-in-chief
4 is before the house.
5 Are there any other Senators wishing
6 to be heard?
7 Seeing and hearing none, the debate
8 is closed. The Secretary will ring the bell.
9 Read the last section.
10 THE SECRETARY: Section 2. This be
11 This act shall take effect immediately.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 Senator Gianaris, that completes the
21 reading of the controversial calendar.
22 SENATOR GIANARIS: Is there any
23 further business at the desk?
24 ACTING PRESIDENT BAILEY: There is
25 no further business at the desk.
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1 SENATOR GIANARIS: I move to
2 adjourn until Monday, March 15th, at 3:00 p.m.,
3 intervening days being legislative days.
4 ACTING PRESIDENT BAILEY: On
5 motion, the Senate stands adjourned until Monday,
6 March 15th, at 3:00 p.m., intervening days being
7 legislative.
8 (Whereupon, at 11:38 a.m., the
9 Senate adjourned.)
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