1576
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 16, 2021
11 3:03 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT PERSAUD: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT PERSAUD: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT PERSAUD: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 March 15, 2021, the Senate met pursuant to
17 adjournment. The Journal of Sunday, March 14,
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 Messages from the Governor.
25 Reports of standing committees.
1578
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Madam President,
7 I move to adopt the Resolution Calendar, with the
8 exception of Resolutions 405 and 478.
9 ACTING PRESIDENT PERSAUD: All in
10 favor of adopting the Resolution Calendar, with
11 the exception of Resolutions 405 and 478, please
12 signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT PERSAUD: Opposed,
15 nay.
16 (No response.)
17 ACTING PRESIDENT PERSAUD: The
18 Resolution Calendar is adopted.
19 Senator Gianaris.
20 SENATOR GIANARIS: Madam President,
21 can we first take up Resolution 478, by
22 Senator Gaughran, read that resolution's title,
23 and recognize Senator Gaughran.
24 ACTING PRESIDENT PERSAUD: The
25 Secretary will read.
1579
1 THE SECRETARY: Senate Resolution
2 478, by Senator Gaughran, recognizing October 17,
3 2021, as National Black Poetry Day.
4 ACTING PRESIDENT PERSAUD: Senator
5 Gaughran on the resolution.
6 SENATOR GAUGHRAN: Thank you,
7 Madam President.
8 Today it is my honor to speak on
9 this resolution recognizing National Black Poetry
10 Day, to celebrate the accomplishments and legacy
11 of the many African-American men and woman whose
12 work has left a lasting imprint on the fabric of
13 our society.
14 But in particular I would like to
15 honor Jupiter Hammon. He's a cherished and
16 celebrated poet, and he is widely considered to
17 be the first published black poet in America. He
18 was born in 1711 in my district, which was then
19 called Lloyd Manor; today it is the community of
20 Lloyd Harbor.
21 Jupiter Hammon was born into slavery
22 and he was enslaved, along with his family, by
23 the Lloyd family for his entire life. He
24 eventually went to school and learned to read and
25 write, which allowed him to begin to publish
1580
1 poetry.
2 While the exact date of his death is
3 not known, and neither is the exact burial site,
4 we think it is likely that he is buried in an
5 unmarked grave in Caumsett State Park in
6 Lloyd Harbor.
7 So today, in recognition of his
8 long-enduring contributions to literature and to
9 our society, I am humbled to pass this State
10 Senate resolution in his honor that will
11 recognize October 17, 2021, as National Black
12 Poetry Day.
13 And I also want to recognize that
14 I'm working alongside an elected official
15 colleague, Huntington Councilwoman Joan Cergol,
16 and Preservation Long Island, where we are
17 working to preserve this burial ground at
18 Caumsett Park, where not only is Jupiter Hammon
19 likely to be buried there, but many other
20 enslaved people, so that we can allow our
21 community to honor, remember and celebrate
22 Jupiter's legacy and his contributions to
23 American literature.
24 So I vote in the affirmative,
25 Madam President.
1581
1 ACTING PRESIDENT PERSAUD: The
2 question is on the resolution. All in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT PERSAUD: Opposed?
6 (No response.)
7 ACTING PRESIDENT PERSAUD: The
8 resolution is adopted.
9 Senator Gianaris.
10 SENATOR GIANARIS: Next we're going
11 to take up Resolution 405, by Senator
12 Reichlin-Melnick, read its title only, and
13 recognize Senator Reichlin-Melnick on the
14 resolution.
15 ACTING PRESIDENT PERSAUD: The
16 Secretary will read.
17 THE SECRETARY: Senate Resolution
18 405, by Senator Reichlin-Melnick, memorializing
19 Governor Andrew M. Cuomo to proclaim March 2021
20 as Social Work Month in the State of New York.
21 ACTING PRESIDENT PERSAUD: Senator
22 Reichlin-Melnick on the resolution.
23 SENATOR REICHLIN-MELNICK: Thank
24 you, Madam President. And thank you for your
25 prime cosponsorship of this resolution as well.
1582
1 So around the country there are more
2 than 700,000 Americans who are employed as social
3 workers. We know that poverty and trauma create
4 lifelong social and economic disadvantages.
5 Social workers, they are trained to help people
6 address personal and systemic barriers.
7 These dedicated professionals
8 confront some of the most challenging issues
9 facing individuals, families, communities and
10 society, often at very low pay. Social workers
11 are the largest group of mental health care
12 providers in the United States, and they
13 tirelessly work to help people overcome
14 depression, anxiety, substance abuse and other
15 disorders so that they can lead more fulfilling
16 lives.
17 Social workers have been at the
18 forefront of social justice for decades, pushing
19 for equal rights and an end to discrimination
20 against women, African-Americans, Latinos,
21 individuals with disabilities, the LGBTQ
22 community, and various ethnic, cultural and
23 religious groups.
24 Despite this record, however, social
25 workers are often not recognized in the same way
1583
1 as other essential healthcare workers. That's
2 why I'm proud to memorialize March 2021 as Social
3 Work Month, to honor the work that social workers
4 do and encourage New Yorkers across the state to
5 thank the social workers active in their
6 communities for their service.
7 Madam President, I'm proud to
8 support this resolution.
9 ACTING PRESIDENT PERSAUD: The
10 question is on the resolution. All in favor
11 signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT PERSAUD: Opposed?
14 (No response.)
15 ACTING PRESIDENT PERSAUD: The
16 resolution is adopted.
17 Senator Gianaris.
18 SENATOR GIANARIS: At the request
19 of the sponsors, these two resolutions are open
20 for cosponsorship.
21 ACTING PRESIDENT PERSAUD: The two
22 resolutions are open for cosponsorship. Should
23 you choose not to cosponsor the resolutions,
24 please notify the desk.
25 Senator Gianaris.
1584
1 SENATOR GIANARIS: There will be an
2 immediate meeting of the Rules Committee in
3 Room 332.
4 ACTING PRESIDENT PERSAUD: There
5 will be an immediate meeting of the
6 Rules Committee in Room 332.
7 SENATOR GIANARIS: The Senate will
8 stand at ease.
9 ACTING PRESIDENT PERSAUD: The
10 Senate will stand at ease.
11 (Whereupon, the Senate stood at ease
12 at 3:10 p.m.)
13 (Whereupon, the Senate reconvened at
14 3:17 p.m.)
15 ACTING PRESIDENT PERSAUD: The
16 Senate will return to order.
17 Senator Gianaris.
18 SENATOR GIANARIS: Madam President,
19 there's a Rules Committee report at the desk.
20 Can we take that up, please.
21 ACTING PRESIDENT PERSAUD: There is
22 a Rules Committee report at the desk.
23 The Secretary will read.
24 THE SECRETARY: Senator
25 Stewart-Cousins, from the Committee on Rules,
1585
1 reports the following bills:
2 Senate Print 2836, by
3 Senator Salazar, an act to amend the
4 Correction Law;
5 And Senate Print 5669, by
6 Senator Kaplan, an act to permit the Great Neck
7 Union Free School District to move the date of
8 their annual meeting and election for the 2021
9 year.
10 All bills reported direct to third
11 reading.
12 SENATOR GIANARIS: Move to accept
13 the Rules Committee report.
14 ACTING PRESIDENT PERSAUD: All in
15 favor of accepting the Rules Committee report
16 signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT PERSAUD: Opposed,
19 nay.
20 (No response.)
21 ACTING PRESIDENT PERSAUD: The
22 report is accepted and before the house.
23 SENATOR GIANARIS: Let's take up
24 the calendar at this time.
25 ACTING PRESIDENT PERSAUD: The
1586
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 118, Senate Print 1557, by Senator Parker, an act
4 to amend the Public Service Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
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 THE SECRETARY: Calendar Number
21 121, Senate Print 155, by Senator Gianaris, an
22 act to amend the State Administrative Procedure
23 Act.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
1587
1 THE SECRETARY: Section 3. This
2 act shall take effect on the first of January.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 131, Senate Print 978, by Senator Gaughran, an
13 act to amend the Public Officers Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
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.
1588
1 THE SECRETARY: Calendar Number
2 154, Senate Print 49, by Senator Kaplan, an act
3 to amend the Real Property Tax Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day after it
8 shall have become a law.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 154, voting in the negative:
16 Senator Skoufis.
17 Ayes, 62. Nays, 1.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 162, Senate Print 1286, by Senator Brooks, an act
22 to amend the General Municipal Law.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 4. This
1589
1 act shall take effect on the 90th day after it
2 shall have become a law.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Senator
7 Harckham to explain his vote.
8 SENATOR HARCKHAM: Thank you very
9 much, Madam Chair -- Madam President, excuse me.
10 This bill -- I want to thank
11 Senator Brooks -- is a very important bill that
12 impacts those of us who represent suburban and
13 rural communities, where much of the ambulance
14 service is provided by volunteers.
15 There's a fundamental unfairness
16 that a regular volunteer ambulance corps can bill
17 insurance for transportation, but a volunteer
18 fire department that happens to have an ambulance
19 corps cannot bill for the same service.
20 And this puts a financial hardship
21 on our volunteer fire departments. It's a small
22 minority that have these, but it's been a vexing
23 problem for decades in New York State.
24 And this bill will allow our
25 volunteer fire departments with ambulance corps
1590
1 to bill insurance for transport the same way
2 volunteer ambulance corps do. So it's an
3 important bill for those of us in suburban and
4 rural areas.
5 I vote aye. Thank you,
6 Madam President.
7 ACTING PRESIDENT PERSAUD: Senator
8 Harckham to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 162, voting in the negative:
12 Senator Skoufis.
13 Ayes, 62. Nays, 1.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 325, Senate Print 3257, by Senator Comrie, an act
18 to amend the New York State Urban Development
19 Corporation Act.
20 SENATOR LANZA: Lay it aside.
21 ACTING PRESIDENT PERSAUD: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
24 408, Senate Print 1789, by Senator Sanders, an
25 act to amend the Civil Practice Law and Rules.
1591
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD:
9 Senator Sanders to explain his vote.
10 SENATOR SANDERS: Thank you very
11 much, Madam President.
12 This is of course Women's History
13 Month, and it's a good time to correct injustices
14 that have been done. And among these injustices
15 is the issue of domestic violence.
16 It's a serious matter in our society
17 and one that we should deal with. And one way of
18 dealing with it is to allow that people who are
19 working in that field who have the -- working
20 with the clients in that field do not have to
21 testify under certain conditions, that they will
22 have privileges given to other very important
23 people.
24 This bill allows for that. And
25 27 states allow this currently, and therefore we
1592
1 want to join that.
2 I am very grateful to all of my
3 colleagues who have supported this. I am
4 grateful to do this in this month. And
5 Madam President, it's just time that we do it.
6 Thank you very much to all.
7 ACTING PRESIDENT PERSAUD:
8 Senator Sanders to be recorded in the
9 affirmative.
10 Announce the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 509, Senate Print 3537, by Senator Kennedy, an
16 act to amend the Civil Service Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
1593
1 THE SECRETARY: In relation to
2 Calendar 509, those Senators voting in the
3 negative are Senators Boyle, Griffo, Oberacker,
4 O'Mara and Rath.
5 Ayes, 58. Nays, 5.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 511, Senate Print 4308, by Senator Gounardes, an
10 act to amend the Education Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect one year after it shall
15 have become a law.
16 ACTING PRESIDENT PERSAUD: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT PERSAUD: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 511, those Senators voting in the
23 negative are Senators Akshar, Oberacker, O'Mara,
24 Ortt, Rath and Weik.
25 Ayes, 57. Nays, 6.
1594
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 534, Senate Print 1681, by Senator Bailey, an act
5 to amend the Public Housing 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: Ayes, 63.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 Senator Gianaris, that completes the
19 reading of today's calendar.
20 SENATOR GIANARIS: Now we will take
21 up the controversial calendar.
22 ACTING PRESIDENT PERSAUD: The
23 Secretary will ring the bell.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
1595
1 325, Senate Print 3257, by Senator Comrie, an act
2 to amend the New York State Urban Development
3 Corporation Act.
4 ACTING PRESIDENT PERSAUD: Senator
5 Lanza, why do you rise?
6 SENATOR LANZA: Madam President, I
7 appeal -- I'm sorry, Madam President. One
8 moment. Oh, I'm sorry.
9 Madam President, I believe there's
10 an amendment at the desk. I waive the reading of
11 that amendment and ask that you recognize Senator
12 Boyle to be heard.
13 ACTING PRESIDENT PERSAUD: Thank
14 you, Senator Lanza.
15 Upon review of the amendment, in
16 accordance with Rule 6, Section 4B, I rule it
17 nongermane and out of order at this time.
18 SENATOR LANZA: Accordingly,
19 Madam President, I appeal the ruling of the chair
20 and ask that you recognize Senator Boyle.
21 ACTING PRESIDENT PERSAUD: The
22 appeal has been made and recognized, and
23 Senator Boyle may be heard.
24 SENATOR BOYLE: Thank you,
25 Madam President.
1596
1 The amendment before the house is
2 germane because the bill-in-chief strives to help
3 small businesses. This amendment being put
4 forward, in fully repealing the Governor's
5 emergency powers, would help small businesses
6 that have been detrimentally affected by the
7 countless directives put in place over the past
8 year.
9 Madam President, a few weeks ago we
10 had a resolution put forward supposedly taking
11 away the Governor's emergency powers. We on our
12 side of the aisle do not believe that actually
13 occurred.
14 And I believe the Senate Majority
15 Leader said that that would bring chaos to our
16 state government; we do not think that. There
17 were between 60 and 90 directives, and we would
18 agree on probably 95 percent of them. The
19 Majority here is acting like the Republican
20 Minority would say, Let's be like Texas, let's
21 have -- open up everything, all the seats in
22 Yankee Stadium, Madison Square Garden filled.
23 Of course not. We would all agree
24 to limitations. We would all agree to mask
25 mandates. We would debate maybe opening a
1597
1 restaurant till 11:30 instead of 10 p.m., things
2 like that. We could work it out without having
3 to involve the Governor.
4 Why is this amendment germane and so
5 important? Motivations. All of us in the
6 chamber and in the other body, in the Assembly,
7 and many, many New Yorkers are questioning the
8 motivation behind all the Governor's executive
9 orders going forward and modifying the old ones.
10 Is the Governor perhaps motivated by
11 opening up the economy in a certain area because
12 another accuser came forward? That seems to be
13 the going trend.
14 Is the Governor perhaps motivated to
15 change a directive, an executive order, because
16 Larry Schwartz called a county executive and he
17 wasn't giving the proper political support for
18 the Governor, so we're going to maybe change the
19 executive order to affect that county and the
20 vaccinations going into that county.
21 We as New Yorkers, as legislators,
22 should never have to question the motivation of a
23 Governor with emergency powers over all of our
24 lives. We should do it ourselves.
25 So that, Madam President, is why I
1598
1 say we need to pass this amendment, make it found
2 germane, pass it and finally take away the
3 Governor's power when all of us or many of us
4 feel that he shouldn't be there in the first
5 place.
6 Thank you.
7 ACTING PRESIDENT PERSAUD: Thank
8 you, Senator.
9 I want to remind the house that the
10 vote is on the procedures of the house and the
11 ruling of the chair.
12 Those in favor of overruling the
13 chair signify by saying aye.
14 SENATOR LANZA: Request a show of
15 hands.
16 SENATOR GIANARIS: Madam President,
17 we've agreed to waive the showing of hands and
18 record each member of the Minority in the
19 affirmative.
20 ACTING PRESIDENT PERSAUD: Without
21 objection, so ordered.
22 Announce the results.
23 THE SECRETARY: Ayes, 20.
24 ACTING PRESIDENT PERSAUD: The
25 ruling of the chair stands, and the bill-in-chief
1599
1 is before the house.
2 Are there any other Senators wishing
3 to be heard?
4 Seeing and hearing none, debate is
5 closed. The Secretary will ring the bell.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 90th day after it
9 shall have become a law.
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: Ayes, 63.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 Senator Gianaris, that completes the
19 reading of today's controversial calendar.
20 SENATOR GIANARIS: Is there any
21 further business at the desk?
22 ACTING PRESIDENT PERSAUD: There is
23 no further business at the desk.
24 SENATOR GIANARIS: I move to
25 adjourn until tomorrow, Wednesday, March 17th, at
1600
1 3:00 p.m.
2 ACTING PRESIDENT PERSAUD: On
3 motion, the Senate stands adjourned until
4 Wednesday, March 17th, at 3:00 p.m.
5 (Whereupon, at 3:28 p.m., the Senate
6 adjourned.)
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