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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 22, 2021
11 3:11 p.m.
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14 REGULAR SESSION
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18 SENATOR ROXANNE J. PERSAUD, 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 PERSAUD: The
3 Senate will come to order.
4 I ask everyone to please rise and
5 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, Sunday,
16 March 21, 2021, the Senate met pursuant to
17 adjournment. The Journal of Saturday, March 20,
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.
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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: Thank you,
7 Madam President.
8 Amendments are offered to the
9 following Third Reading Calendar bills:
10 By Senator Gaughran, on page 7,
11 Calendar Number 158, Senate Print 1091;
12 By Senator Mayer, on page 23,
13 Calendar Number 488, Senate Print 3467;
14 And by Senator Persaud, page 25,
15 Calendar Number 512, Senate Print 482.
16 ACTING PRESIDENT PERSAUD: The
17 amendments are received, and the bills shall
18 retain their place on the Third Reading Calendar.
19 Senator Gianaris.
20 SENATOR GIANARIS: Let's move on to
21 the reading of the calendar, please.
22 ACTING PRESIDENT PERSAUD: The
23 Secretary will read.
24 Calendar Number 158 is high and will
25 be laid aside for the day.
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1 THE SECRETARY: Calendar Number
2 326, Senate Print 3266, by Senator Comrie, an act
3 in relation to requiring certain provisions be
4 included in any procurement or agreement prior to
5 disposing of any asset owned.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 3. 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 THE SECRETARY: Calendar Number
19 433, Senate Print 1565, by Senator Sanders, an
20 act to amend the Banking Law and the Penal Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 11. This
24 act shall take effect on the 30th day after it
25 shall have become a law.
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1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar Number 433, those Senators voting in the
8 negative are Senators Akshar, Borrello, Boyle,
9 Gallivan, Griffo, Helming, Jordan, Lanza,
10 Martucci, Mattera, Oberacker, O'Mara, Ortt,
11 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
12 Weik.
13 Ayes, 43. Nays, 20.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 445, Senate Print 3974, by Senator Kennedy, an
18 act to amend the General Municipal Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 90th day after it
23 shall have become a law.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 477, Senate Print 1413, by Senator Rivera, an act
9 to amend the Insurance Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 477, voting in the negative:
21 Senator Gallivan.
22 Ayes, 62. Nays, 1.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 482, Senate Print 572A, by Senator Mayer, an act
2 to amend the Education Law.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT PERSAUD: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Announce
11 the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 529, Senate Print 5040, by Senator Parker, an act
17 to amend the Civil Practice Law and Rules.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
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1 the results.
2 THE SECRETARY: In relation to
3 Calendar 529, those Senators voting in the
4 negative are Senators Borrello, Gallivan, Griffo,
5 Helming, Jordan, Martucci, Oberacker, O'Mara,
6 Ortt, Rath, Serino, Stec, Tedisco and Weik.
7 Ayes, 49. Nays, 14.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 556, Senate Print 3483, by Senator Bailey, an act
12 to amend the Elder Law.
13 SENATOR LANZA: Lay it aside.
14 ACTING PRESIDENT PERSAUD: Lay it
15 aside.
16 THE SECRETARY: Calendar Number
17 569, Senate Print 1291, by Senator Brooks, an act
18 to amend the Insurance Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 6. This
22 act shall take effect on the first of January.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 569, those Senators voting in the
5 negative are Senators Akshar, Borrello, Boyle,
6 Gallivan, Griffo, Helming, Jordan, Lanza,
7 Martucci, Oberacker, O'Mara, Ortt, Rath, Ritchie,
8 Serino, Stec, Tedisco and Weik.
9 Ayes, 45. Nays, 18.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 597, Senate Print 5669A, by Senator Kaplan, an
14 act to permit the Great Neck Union Free School
15 District to move the date of their annual meeting
16 and election.
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.
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1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 Senator Gianaris, that completes the
5 reading of today's calendar.
6 SENATOR GIANARIS: Can we move on
7 to the controversial calendar, please.
8 ACTING PRESIDENT PERSAUD: The
9 Secretary will ring the bell.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 556, Senate Print 3483, by Senator Bailey, an act
13 to amend the Elder Law.
14 ACTING PRESIDENT PERSAUD: Senator
15 Lanza, why do you rise?
16 SENATOR LANZA: Madam President, I
17 believe there's an amendment at the desk. I
18 waive the reading of that amendment and ask that
19 Senator Serino be recognized to be heard.
20 ACTING PRESIDENT PERSAUD: Thank
21 you, Senator Lanza.
22 Upon review of the amendment, in
23 accordance with Rule 6, Section 4B, I rule it
24 nongermane and out of order at this time.
25 SENATOR LANZA: Accordingly,
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1 Madam President, I appeal the ruling of the chair
2 and ask that Senator Serino be heard.
3 ACTING PRESIDENT PERSAUD: The
4 appeal has been made and recognized, and
5 Senator Serino may be heard.
6 SENATOR SERINO: Thank you,
7 Madam President.
8 The bill before this body deals
9 directly with the health and well-being of
10 New York's seniors. The amendment being offered
11 is germane because it too seeks to address
12 concerns about the health and safety of New York
13 seniors, many of whom reside in nursing homes and
14 assisted living facilities.
15 Since I last stood before this body
16 to offer this amendment, we have learned that the
17 state's efforts to cover up the number of COVID
18 deaths in our nursing homes has gone far and
19 above what many of us could ever have imagined.
20 We have learned that members of the
21 Governor's administration not only withheld data
22 from the public for political purposes, but that
23 they actively removed it from a state report on
24 the topic.
25 Yesterday I traveled to New York
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1 City to stand alongside grieving families from
2 across the state who came together to memorialize
3 over 15,000 loved ones we have lost to COVID in
4 New York's nursing homes. The question there on
5 everyone's mind was, why isn't Albany acting to
6 hold anyone accountable?
7 Families want to know why the
8 administration that treated their loved ones as
9 an afterthought during this crisis still have
10 total control over the state's pandemic response.
11 They want to know why Albany is not acting to get
12 the answers to tough questions to actually
13 improve state policy and better protect residents
14 so other families do not have to suffer the same
15 way theirs have.
16 It is far past time for the people's
17 representatives to do the job they were elected
18 to do, and that starts by putting an end to the
19 dictatorship that jeopardized the health and
20 safety of thousands of vulnerable New Yorkers.
21 The bill we're passing here today is
22 about senior healthcare. This bill passed this
23 house unanimously last year, and I suspect it
24 will again because I believe we all genuinely
25 care about the health and well-being New York's
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1 seniors.
2 However, if that's true and you
3 really care about getting New Yorkers answers
4 they deserve about getting the loved ones of the
5 15,000 lost nursing home residents the answers
6 they deserve, now is the time to set politics
7 aside and vote to do the right thing by bringing
8 balance back to state government and joining our
9 fight for accountability, transparency and a
10 better state policy for New Yorkers living and
11 working in nursing homes, assisted living, and
12 residential healthcare facilities.
13 Thank you, Madam President.
14 ACTING PRESIDENT PERSAUD: Thank
15 you, Senator.
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: Madam President,
24 we've agreed to waive the showing of hands and
25 record each member of the Minority in the
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1 affirmative.
2 ACTING PRESIDENT PERSAUD: Without
3 objection, so ordered.
4 Announce the results.
5 THE SECRETARY: Ayes, 20.
6 ACTING PRESIDENT PERSAUD: 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, the debate
12 is closed. The Secretary will ring the bell.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect April 1, 2022.
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: Ayes, 63.
22 ACTING PRESIDENT PERSAUD: The bill
23 is passed.
24 Senator Gianaris, that completes the
25 reading of the controversial calendar.
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1 SENATOR GIANARIS: Thank you,
2 Madam President.
3 Is there any further business at the
4 desk?
5 ACTING PRESIDENT PERSAUD: There is
6 no further business at the desk.
7 SENATOR GIANARIS: I move to
8 adjourn until tomorrow, Tuesday, March 23rd, at
9 3:00 p.m.
10 ACTING PRESIDENT PERSAUD: On
11 motion, the Senate stands adjourned until
12 Tuesday, March 23rd, at 3:00 p.m.
13 (Whereupon, at 3:22 p.m., the Senate
14 adjourned.)
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