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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 23, 2021
11 3:09 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 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 MAYER: Rabbi
9 Shmuel Butman, of the Lubavitch Youth
10 Organization, will deliver today's invocation.
11 RABBI BUTMAN: (In Hebrew.)
12 Our heavenly Father, we ask You to
13 bestow Your blessings on all the members of the
14 New York State Senate, who are so gallant and
15 have gathered here today despite everything that
16 is happening.
17 Bestow Your blessings upon them, and
18 give them good health and long life and a lot of
19 prosperity in everything that they are doing.
20 I want to thank Senator Myrie and
21 all of you for passing a resolution dedicating
22 119 Days of Education in honor of the
23 Lubavitcher Rebbe.
24 The Rebbe spoke about education, and
25 he specifically emphasized that when he talks
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1 about education, he means education of all
2 children, regardless of race, religion, color or
3 creed.
4 The Rebbe said many times that he
5 wants a child to know that there is an Eye that
6 sees, there is an Ear that hears, and that the
7 world is not a jungle.
8 In 1991 I went to Washington to open
9 the United States Senate. Before that, I went to
10 see the Rebbe, and the Rebbe said to me that
11 during the invocation I should take a tzedakah
12 pushkeh with me -- a tzedakah pushke is a charity
13 box -- and I should give a dollar in tzedakah, a
14 dollar for charity, and everyone should see what
15 I am doing and they should know what money would
16 be used for.
17 In that spirit, I want to do the
18 same, and I want to offer the following dollar in
19 this charity box, this pushkeh. This pushke is
20 what's used in the synagogues to do more goodness
21 and kindness. And I hope that you will have a
22 chance later to do the same.
23 And here is a dollar that I am
24 putting into this pushkeh, if it fits.
25 (Laughter.)
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1 RABBI BUTMAN: Yes. Yes.
2 Now, I want you to know that this is
3 not a fundraising effort. For if it were a
4 fundraising effort, I would ask you for more than
5 one dollar.
6 (Laughter.)
7 RABBI BUTMAN: This is an effort to
8 do more goodness and kindness.
9 The Rebbe tells us that we live in a
10 special generation. We live in a generation that
11 is the last generation of exile, the first
12 generation of redemption, and that we can bring
13 about the great redemption by doing more acts of
14 goodness and kindness.
15 Putting in a dollar into a pushkeh,
16 into a charity box, is an act of goodness and
17 kindness.
18 The Rebbe also stresses that you
19 have a lot of influence. You have not only
20 influence over -- in the State of New York, but
21 because the State of New York is one of the
22 greatest states in the union, your influence goes
23 to the entire United States of America. And
24 because the United States of America is a
25 superpower, your influence goes into the entire
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1 world.
2 So as you are instituting laws of
3 law and order, it's not only for the people in
4 the State of New York, it's not only for the
5 people in the United States of America, it is for
6 the entire world, as you are a model of goodness
7 and kindness and law and law and order for all
8 the people in the world.
9 I want to tell you before I conclude
10 that every Saturday, every Shabbos, we say a
11 special prayer for you in our shuls, in our
12 synagogues. We say {in Hebrew}. I know it's
13 Hebrew, and I don't want to test your nerves. It
14 means that all of those who serve the public
15 faithfully, as you are, we're asking for a
16 special brukha, that Almighty God should be good
17 to you. And that for all of those who needed to
18 recover from any ailment, they should recover
19 immediately, and everyone should be blessed by
20 Almighty God with good health and long life for
21 many, many years.
22 And especially you, as you are the
23 public servants and you are serving the public so
24 faithfully, Almighty God should bless you with a
25 lot of success and prosperity in your communal
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1 life as well as in your private life.
2 And let us say amen.
3 (Response of "Amen.")
4 ACTING PRESIDENT MAYER: Thank you,
5 Rabbi, for that lovely blessing. Thank you very
6 much.
7 Reading of the Journal.
8 THE SECRETARY: In Senate, Monday,
9 March, 22, 2021, the Senate met pursuant to
10 adjournment. The Journal of Sunday, March 21,
11 2021, was read and approved. On motion, Senate
12 adjourned.
13 ACTING PRESIDENT MAYER: Without
14 objection, the Journal stands approved as read.
15 Presentation of petitions.
16 Messages from the Assembly.
17 Messages from the Governor.
18 Reports of standing committees.
19 Reports of select committees.
20 Communications and reports from
21 state officers.
22 Motions and resolutions.
23 Senator Gianaris.
24 SENATOR GIANARIS: Thank you,
25 Madam President.
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1 On behalf of Senator Ryan, on
2 page 33 I offer the following amendments to
3 Calendar Number 600, Senate Print 4878A, and ask
4 that said bill retain its place on Third Reading
5 Calendar.
6 ACTING PRESIDENT MAYER: The
7 amendments are received, and the bill shall
8 retain its place on the Third Reading Calendar.
9 Senator Gianaris.
10 SENATOR GIANARIS: On behalf of
11 Senator Gaughran, I move to recommit Senate Print
12 1787, Calendar 167 on the order of third reading,
13 to the Committee on Local Government with
14 instructions to said committee to strike the
15 enacting clause.
16 ACTING PRESIDENT MAYER: So
17 ordered.
18 SENATOR GIANARIS: At this time I
19 move to adopt the Resolution Calendar, with the
20 exception of Resolutions 505, 512 and 538.
21 ACTING PRESIDENT MAYER: All in
22 favor of adopting the Resolution Calendar, with
23 the exception of Resolutions 505, 512 and 538,
24 please signify by saying aye.
25 (Response of "Aye.")
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1 ACTING PRESIDENT MAYER: Opposed,
2 nay.
3 (No response.)
4 ACTING PRESIDENT MAYER: The
5 Resolution Calendar is adopted.
6 Senator Gianaris.
7 SENATOR GIANARIS: Can we now take
8 up Resolution 505, by myself, read that
9 resolution's title, and recognize me on the
10 resolution.
11 ACTING PRESIDENT MAYER: The
12 Secretary will read.
13 THE SECRETARY: Senate Resolution
14 505, by Senator Gianaris, memorializing Governor
15 Andrew M. Cuomo to proclaim March 2021 as Greek
16 Heritage Month in the State of New York, in
17 conjunction with the commemoration of the
18 200th Anniversary of Greek Independence.
19 ACTING PRESIDENT MAYER: Senator
20 Gianaris on the resolution.
21 SENATOR GIANARIS: Thank you,
22 Madam President.
23 This is always a day of great pride
24 for me and many of our colleagues. As someone
25 who is a child of Greek immigrants, the heritage
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1 of the Greek people is something we hold dear to
2 us. It's been made fun of a little bit in some
3 movies, but underlying that humor was a lot of
4 truth.
5 Going back to ancient times, Greeks
6 had a lot to do with a lot of the values and the
7 Western civilization we enjoy today. Whether
8 it's science or mathematics, theater,
9 literature -- you name it, the ancient Greeks
10 were at the forefront of a lot of it.
11 And moving forward to what we do, of
12 course, their innovations about democratic
13 processes were something that have been improved
14 upon, and we sit here today as a result of that
15 discovery, so to speak, that they had made.
16 Today we're celebrating a month that
17 recognizes the bicentennial of modern Greece's
18 independence. And I remember when I was first
19 elected to the State Legislature, at the time I
20 was the first ever Greek-American from New York
21 City to be elected to an office of any kind. And
22 many people were surprised by that, because
23 there's such a rich Greek tradition in New York
24 City.
25 But I'm proud to say that not only
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1 was that the case, but now we have grown our
2 ranks and have a caucus that is six strong in
3 both houses, representing all genders, both
4 parties, and we work together on issues of
5 importance to our community. That is something
6 that, in this difficult time of division, has
7 been able to be a bridge for a common purpose.
8 And so today as we pass this
9 resolution -- I think some of my colleagues will
10 also speak on this resolution -- I want to
11 reaffirm my pride and my thanks to my parents for
12 engaging in a struggle that so many others from
13 all over the world have engaged in to get to the
14 United States and make a better life for myself
15 and for my brother and for their families.
16 And I would say that we should all
17 keep in mind, as others from other parts of the
18 world are endeavoring to engage in the same
19 journey, that we should treat them with
20 compassion and respect the same way that many
21 were in the past.
22 And so with that, Madam President, I
23 thank my colleagues for giving me a moment to
24 speak about an issue of great personal importance
25 to me, and I ask that we all recognize the
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1 200th anniversary of Greek independence today by
2 adopting this resolution.
3 Thank you.
4 ACTING PRESIDENT MAYER: Thank you.
5 Senator Gounardes on the resolution.
6 SENATOR GOUNARDES: Thank you,
7 Madam President. And thank you, Senator
8 Gianaris, for bringing this resolution forward.
9 Madam President, I am the proud
10 grandson and great-grandson of Greek immigrants.
11 I am fourth generation here in this country.
12 Today, this year, we are celebrating
13 the 200th anniversary of Greece's independence
14 after 400 years of subjugation and oppression by
15 the Ottoman Empire.
16 We have a tendency in the
17 Greek-American community to view our legacy
18 through the lens of our cultural heritage. We
19 boast of the richness of ancient Greek culture,
20 we celebrate the glory of Byzantium, we cheer the
21 courage of the revolution, and we claim them all
22 as part of our Greek legacy. And yet here in
23 this country, for the past 100-plus years, there
24 is also a rich legacy of Greek-Americans in the
25 United States.
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1 Greeks have emigrated to the
2 United States in search of peace, stability and a
3 better life for themselves and their families.
4 They came to escape the persecutions of the
5 Ottoman Empire. They came to be spared the
6 devastations of World War I. They came to be
7 safe from the terrors of the Asia Minor holocaust
8 and the burning of Smyrna. They came to be
9 spared the horrors of World War II, and they came
10 to find peace during the Greek Civil War. They
11 came to seek safety and opportunity during the
12 unrest of the '60's and '70s. They came to find
13 economic prosperity during the stagnation of the
14 1980s.
15 For a hundred-plus years, Greeks
16 have sought out the light of freedom offered by
17 Lady Liberty and came to the United States in the
18 hope of a better life. They came here by the
19 thousands and the tens of thousands. They came
20 here legally and, yes, they came here illegally.
21 When the United States adopted
22 immigration quotas in 1924, they would only
23 accept 100 Greek immigrants a year in this
24 country. And yet still we know our history, and
25 our people smuggled themselves in by the hundreds
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1 and thousands.
2 And don't forget -- and let this be
3 a reminder to us all -- just how unwanted Greeks
4 were in this country. Greek immigrants endured
5 decades of harassment, intimidation,
6 discrimination and violence, all because they
7 looked a little bit different than other
8 Americans, spoke a different language than other
9 Americans, and took low-paying jobs away from
10 other Americans.
11 The Ku Klux Klan viewed Greek
12 immigrants as a threat to the United States.
13 They attacked Greek businesses, burned crosses on
14 Greek lawns, encouraged doctors to sterilize
15 Greek women, and in some cases beat and even
16 murdered Greek immigrants.
17 All across the country, Greek
18 immigrants and Greek-American citizens were
19 discriminated against and harassed. It was not
20 uncommon to see, at times, "No Greeks Wanted"
21 signs in store windows, or even the flogging of
22 Greek men for having dared to date white women.
23 Greek immigrants were encouraged to
24 prove themselves being equal to whites by taking
25 dirty jobs such as building railroads, cleaning
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1 sewage, laying pavement, and working in
2 factories. And yet they still came, enduring
3 injustice after injustice, all in the hopes of
4 living a better life here.
5 They didn't come here because they
6 were highly educated, worked great jobs, or spoke
7 perfect English. They didn't come here for
8 themselves, but for their children and their
9 children's children. They came here so that one
10 day -- 100 years later, 75 years later, 50 years
11 later -- four Greek-Americans could serve their
12 community in a body as august as the New York
13 State Senate.
14 And so as we stand here today
15 celebrating the 200th anniversary of Greek
16 independence and declare Greek History Month in
17 the State of New York, I am ever-hopeful for the
18 future of our community here in America.
19 And this moment represents an
20 opportunity for reflection. At a time when
21 individuals across our country are being
22 subjected to violence, bigotry and discrimination
23 because they come from a different country, speak
24 a different language, have different customs and
25 eat different foods, it is incumbent upon those
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1 of us who have endured similar treatment to stand
2 up and condemn the ugliness of racism wherever it
3 rears its ugly head.
4 That we remember the struggles of
5 our forefathers and open our hands and open our
6 doors and open our hearts to all those whose
7 stories mirror our own and say, Come, you are
8 welcome here.
9 Happy Greek Independence Day.
10 Thank you, Madam President.
11 ACTING PRESIDENT MAYER: Thank you.
12 The question is on the resolution.
13 All in favor signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT MAYER: Opposed?
16 (No response.)
17 ACTING PRESIDENT MAYER: The
18 resolution is adopted.
19 Senator Gianaris.
20 SENATOR GIANARIS: Let's move on
21 now to Resolution 512, read its title only, and
22 recognize Senator Hinchey, please.
23 ACTING PRESIDENT MAYER: The
24 Secretary will read.
25 THE SECRETARY: Senate Resolution
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1 512, by Senator Hinchey, memorializing Governor
2 Andrew M. Cuomo to proclaim March 21-27, 2021, as
3 Agriculture Week in the State of New York.
4 ACTING PRESIDENT MAYER: Senator
5 Hinchey on the resolution.
6 SENATOR HINCHEY: Thank you,
7 Madam President.
8 As chair of the Agriculture and Food
9 Committee, I rise today to sponsor a resolution
10 proclaiming March 21st through 27th as
11 Agriculture Week in the State of New York.
12 I have the great honor of
13 representing the most rural district in our
14 Majority Conference, which is home to over a
15 thousand farms, primarily small and mid-size
16 family-run operations, many of which have been in
17 business for generations.
18 It's not lost on me what a unique
19 privilege it is to represent the needs of
20 farmers, not only in my district but spanning the
21 entirety of our great state. We are incredibly
22 lucky to have such a rich and diverse farming
23 legacy here in New York, which is made possible
24 by the skilled work of our farmers who grow our
25 food, guard our natural resources, and bolster
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1 our economy.
2 I really believe that one of the
3 silver livings of this pandemic has been the
4 increased recognition by the general public of
5 agriculture's vital importance on our economy and
6 our long-term food security. It's often the case
7 that if you didn't grow up in a rural community,
8 you might not feel that well-connected to our ag
9 sector, even though it's the direct source of the
10 food and drink on our tables no matter where you
11 live.
12 Agriculture Week is the perfect
13 opportunity to raise awareness about New York's
14 leading industry, a $6 billion industry, and
15 honor those who work tirelessly to keep our food
16 supply safe and our lands healthy.
17 I take great pride in standing up
18 for our farmers and our food businesses every day
19 of the year, and I'm especially thrilled to have
20 this opportunity to invite all New Yorkers to
21 join me on National Ag Day as we celebrate the
22 critical work of our agriculture community.
23 Thank you, and Happy Ag Week.
24 ACTING PRESIDENT MAYER: Thank you,
25 Senator.
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1 Senator May on the resolution.
2 SENATOR MAY: Thank you,
3 Madam President.
4 I want to thank my colleague
5 Senator Hinchey for bringing this resolution to
6 the floor and for celebrating agriculture in New
7 York State. I have the second most rural
8 district in the Majority Conference, and so I'm
9 proud to team up with her on a lot of important
10 legislation like the Nourish NY bill that she
11 passed to connect our farms and the people who
12 need food in the state.
13 The theme of Agriculture Week this
14 year is "Food brings everyone to the table." And
15 that has been so true this year. Bringing people
16 to the table who didn't have food to put on their
17 tables, but making sure that there was a table
18 for them, has been really important to the State
19 of New York and to the way we have supported
20 agriculture this year.
21 I also want to say this Agriculture
22 Week has a focus on teaching agriculture, and
23 I've had the great pleasure to meet with some of
24 the teachers in my district who run Future
25 Farmers of America programs and teach agriculture
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1 in the classroom. And it is so impressive to me
2 how teaching agriculture also instills in the
3 students a sense of confidence and responsibility
4 and purpose in life. Even if they're not
5 planning to become farmers or even to work in
6 agriculture, the subject matter is such that it
7 connects them to these really important issues of
8 how we put food on the table, who has food, what
9 the food consists of, and what healthy food
10 means.
11 So I am just honored that we're able
12 to recognize agriculture this week, and
13 especially agriculture education. So I'm happy
14 to support this resolution. Thank you.
15 ACTING PRESIDENT MAYER: Thank you,
16 Senator.
17 Senator Borrello on the resolution.
18 SENATOR BORRELLO: Thank you,
19 Madam President. I'm proud to rise today to
20 recognize Agriculture Week in New York State.
21 I'd like to thank the sponsor,
22 Senator Hinchey, and I'm proud to serve with her
23 as the ranking member of the Agriculture
24 Committee.
25 It's impossible for us to overstate
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1 the impact of agriculture on New York State's
2 economy -- especially now, in light of this
3 pandemic, when we recognized how critically
4 important our agriculture community is to
5 New York and to our food security.
6 You know, when people think of
7 New York State, they think of the skyscrapers of
8 New York City. But really, New York State is an
9 agricultural state. We have more than 33,000
10 farms in New York State, and I'm proud to say
11 that more than one in 10 of those is in my
12 district, in the most rural and most
13 agriculture-based part of New York State, the
14 57th Senate District.
15 More than 96 percent of the farms in
16 New York State are family-owned farms. These are
17 the people who have dedicated their lives for
18 generations to agriculture in New York State --
19 to caring for the land, to caring for the
20 environment, to caring for those people. For
21 every farmer in New York, they support 65 people
22 with the food that they supply to the food chain.
23 Last fall when I first became the
24 ranking member of the Agriculture Committee, I
25 logged more than 3,000 miles traveling all across
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1 New York State. Agriculture permeates every
2 single part of this state, from Long Island to
3 the Hudson Valley to the Mohawk Valley and the
4 North Country and Western New York, where I am
5 from. Agriculture is a critical component of
6 New York State's economy and its culture. It's
7 incredibly resilient.
8 And I'm proud to stand here, as the
9 grandson of two Concord grape farmers, to say
10 that the tradition continues on here in New York
11 State and that we must continue to make sure that
12 New York agriculture is resilient for our
13 future -- not just for our farmers, not just for
14 the families that they support, but for every
15 single New Yorker, that New York has a wonderful,
16 resilient and permanent agriculture community.
17 Thank you, Madam President.
18 ACTING PRESIDENT MAYER: Thank you.
19 The question is on the resolution.
20 All in favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT MAYER: Opposed?
23 (No response.)
24 ACTING PRESIDENT MAYER: The
25 resolution is adopted.
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1 Senator Gianaris.
2 SENATOR GIANARIS: And now,
3 Madam President, we will take up Resolution 538,
4 by Senator Sean Ryan, read that resolution's
5 title only, and recognize Senator Ryan on his
6 resolution.
7 ACTING PRESIDENT MAYER: The
8 Secretary will read.
9 THE SECRETARY: Senate Resolution
10 538, by Senator Ryan, memorializing Governor
11 Andrew M. Cuomo to proclaim April 4-10, 2021, as
12 Library Week in the State of New York.
13 ACTING PRESIDENT MAYER: Senator
14 Ryan on the resolution.
15 SENATOR RYAN: Thank you,
16 Madam President.
17 As the chair of the Libraries
18 Committee, it's my honor to offer this resolution
19 proclaiming April 4th to the 10th as the
20 63rd Annual Library Week in New York State.
21 Now, and in my previous role as
22 Libraries chair in the Assembly, I've had the
23 great opportunity to see firsthand how libraries
24 are important to New Yorkers, and the dedication
25 of our librarians.
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1 Libraries are a vital resource to
2 our constituents, and they are the cornerstones
3 of many communities in New York State. They
4 provide important tools to promote literacy and
5 citizenship, but that's just the tip of the
6 iceberg of what they do every day of the year.
7 Libraries offer resume writing
8 workshops, they give potential employees access
9 to computers to apply for jobs -- and that was
10 before the pandemic. And during the pandemic,
11 libraries have changed up how they provide
12 services to our communities, but they've
13 definitely helped to bridge the digital divide of
14 the underserved communities all across New York
15 State. Providing WiFi access to the public has
16 made libraries even more vital to adults and
17 students during the pandemic.
18 Among many of the other functions
19 during the pandemic, libraries have also assisted
20 businesses in applying for PPP loans and have
21 continued to offer digital programming and
22 information to the public when even they were
23 closed to the public.
24 So thank you to the outstanding
25 librarians throughout New York State, and I look
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1 forward to celebrating Library Week with members
2 of my community in Western New York.
3 Thank you very much,
4 Madam President.
5 ACTING PRESIDENT MAYER: Thank you.
6 Senator May on the resolution.
7 SENATOR MAY: Thank you again,
8 Madam President.
9 I am so happy that we now have a
10 Committee on Libraries in the Senate and are
11 recognizing, both with this resolution but also
12 with that committee, how important libraries are
13 to the people of this state. Everybody loves
14 libraries, and they play just a crucial role in
15 our public life.
16 I grew up outside of Boston,
17 Massachusetts, and the Boston Public Library was
18 called the "Palace for the Public" when it was
19 built. And it has inscriptions that remind us
20 that learning and education and understanding of
21 our history are fundamental to our civic duty as
22 members of this society.
23 And so I think libraries continue to
24 fill that role. I suspect that I hold the
25 distinction in the entire Legislature of probably
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1 being the person who has spent the most amount of
2 my life in libraries. And I've had the very
3 great pleasure to work in libraries all around
4 the world. And I just know they bring people
5 together.
6 They not only collect and hold our
7 heritage and our history, but they enable people
8 of all walks of life to have access to that
9 information. And increasingly, as they become
10 multimedia centers where they help people who
11 don't have access to the internet gain that
12 access, they help people who are experiencing
13 homelessness have a place to go. They have maker
14 spaces. They have all kinds of ways that they
15 are relevant to this exact moment and to our
16 future.
17 So our support for libraries and our
18 love of libraries go hand and hand, and I am very
19 happy to support this resolution. And anything
20 we can do to support our libraries in this state
21 I think is money and effort well spent.
22 Thank you.
23 ACTING PRESIDENT MAYER: Thank you.
24 Senator Jordan on the resolution.
25 SENATOR JORDAN: Thank you,
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1 Madam President.
2 I rise to speak on my colleague
3 Senator Ryan's resolution memorializing the
4 Governor to proclaim April 4th through April 10th
5 as Library Week in New York State.
6 I thank Chairman Ryan for advancing
7 this important resolution and for his leadership
8 of the Senate Libraries Committee.
9 I would like to recognize everything
10 that our excellent public libraries have done and
11 continue doing during the COVID-19 outbreak to
12 serve everyone and ensure communities are
13 informed, keep families connected, and help close
14 the digital divide.
15 The pandemic has challenged our
16 excellent public libraries like never before,
17 pushing them to be even more creative and
18 offering valuable services in new convenient ways
19 to their patrons.
20 Libraries have launched curbside
21 drop-off and pickup service, virtual programs,
22 and provided hotspots for those without WiFi.
23 Libraries are even providing 24/7 WiFi in their
24 parking lots to help individuals access
25 schoolwork, business and information. These
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1 proactive, positive steps are on top of all that
2 our libraries are already doing in service to our
3 communities.
4 Our libraries are about so much more
5 than great books. In an era of so much
6 misinformation and even disinformation, our
7 excellent public libraries serve as trusted
8 stewards of reliable information. As society has
9 changed, so have our libraries, as these vital
10 public resources adapted to changing needs.
11 Libraries have expanded their
12 services, programs and materials, taking part in
13 food distribution, childcare, passport
14 applications, and so many more programs and
15 services. That's in addition to helping with job
16 searches, genealogy, technical assistance,
17 printing, and reference services -- and, of
18 course, connecting individuals with terrific
19 books, audiobooks, and even more materials that
20 inspire, educate and entertain.
21 As a former trustee, member of the
22 Executive Committee, and treasurer for the
23 Clifton Park-Halfmoon Public Library, and a
24 current director of the Clifton Park-Halfmoon
25 Library Foundation, and the ranking member of our
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1 Senate Libraries Committee, I'm proud to say that
2 I have been and will forever remain a lifelong
3 advocate of libraries, literacy and learning.
4 During Library Week and every week, our excellent
5 public libraries help improve our quality of
6 life.
7 I'll close with two of my favorite
8 quotes related to libraries. The first is: If
9 you can read, you can do anything. The second
10 is: Remember that our librarians were the
11 original search engines. If you need to know
12 something, ask your librarian.
13 I'm proud to support Senator Ryan's
14 legislative resolution, and I want to thank and
15 recognize all of our excellent public libraries
16 and their dedicated, creative, hardworking staffs
17 for their service to all New Yorkers, throughout
18 this pandemic and beyond. We are incredibly
19 grateful for all that you do.
20 Thank you, Madam President.
21 ACTING PRESIDENT MAYER: Thank you,
22 Senator Jordan.
23 The question is on the resolution.
24 All in favor signify by saying aye.
25 (Response of "Aye.")
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1 ACTING PRESIDENT MAYER: Opposed?
2 (No response.)
3 ACTING PRESIDENT MAYER: The
4 resolution is adopted.
5 Senator Gianaris.
6 SENATOR GIANARIS: At the request
7 of the sponsors, these resolutions are open for
8 cosponsorship.
9 ACTING PRESIDENT MAYER: The
10 resolutions are open for cosponsorship. Should
11 you choose not to be a cosponsor of the
12 resolutions, please notify the desk.
13 Senator Gianaris.
14 SENATOR GIANARIS: Let's take up
15 the calendar, Madam President.
16 ACTING PRESIDENT MAYER: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 166, Senate Print 1659, by Senator Skoufis, an
20 act to amend the General Municipal Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 60th day after it
25 shall have become a law.
1798
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 166, those Senators voting in the
8 negative are Senators Akshar, Borrello, Boyle,
9 Gallivan, Griffo, Helming, Jordan, Martucci,
10 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
11 Ritchie, Serino, Stec, Tedisco and Weik.
12 Ayes, 44. Nays, 19.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 276, Senate Print 624, by Senator Kaminsky, an
17 act to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT MAYER: There is a
19 home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
1799
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 276, voting in the negative: Senator
5 Palumbo.
6 Ayes, 62. Nays, 1.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 444, Senate Print 3967A, by Senator
11 Reichlin-Melnick, an act to amend the
12 Real Property Tax Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of January.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 444, voting in the negative:
24 Senator Brisport.
25 Ayes, 62. Nays, 1.
1800
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 536, Senate Print 4708, by Senator Comrie, an act
5 to amend the Executive Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first of January.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 536, those Senators voting in the
17 negative are Senators Akshar, Borrello, Gallivan,
18 Griffo, Jordan, Oberacker, O'Mara, Ortt, Palumbo,
19 Rath, Serino and Stec.
20 Ayes, 51. Nays, 12.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 548, Senate Print 3229A, by Senator Parker, an
25 act to amend the Real Property Tax Law.
1801
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 552, Senate Print 4349, by Senator Brouk, an act
15 to direct the Office of Children and Family
16 Services to examine, evaluate and make
17 recommendations.
18 ACTING PRESIDENT MAYER. Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
1802
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 554, Senate Print 5162A, by Senator Brisport, an
7 act to amend the Social Services Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 570, Senate Print 2008, by Senator Jackson, an
22 act to amend the Insurance Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
1803
1 act shall take effect on the 90th day after it
2 shall have become a law.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar Number 570, those Senators voting in the
10 negative are Senators Borrello, Gallivan,
11 Helming, Jordan, Oberacker, O'Mara, Ortt, Rath,
12 Serino, Stec and Weik.
13 Ayes, 52. Nays, 11.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 572, Senate Print 3577, by Senator Breslin, an
18 act in relation to requiring the Department of
19 Financial Services, in consultation with the
20 Department of Taxation and Finance, to conduct a
21 study regarding insurance.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
1804
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 580, Senate Print 2998A, by Senator Harckham, an
11 act to amend the Public Health Law.
12 SENATOR LANZA: Lay it aside.
13 ACTING PRESIDENT MAYER: The bill
14 is laid aside.
15 Senator Gianaris, that completes the
16 reading of today's calendar.
17 SENATOR GIANARIS: Let's move on to
18 the controversial calendar, please.
19 ACTING PRESIDENT MAYER: The
20 Secretary will ring the bell.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 580, Senate Print 2998A, by Senator Harckham, an
24 act to amend the Public Health Law.
25 ACTING PRESIDENT MAYER: Senator
1805
1 Lanza, why do you rise?
2 SENATOR LANZA: Madam President, I
3 believe there's an amendment at the desk. I
4 waive the reading of that amendment and ask that
5 Senator O'Mara be recognized so that he can be
6 heard.
7 ACTING PRESIDENT MAYER: Thank you,
8 Senator Lanza.
9 Upon review of the amendment, in
10 accordance with Rule 6, Section 4B, I rule it
11 nongermane and out of order at this time.
12 SENATOR LANZA: Accordingly,
13 Madam President, I appeal the ruling of the chair
14 and ask that Senator O'Mara be recognized.
15 ACTING PRESIDENT MAYER: The appeal
16 has been made and recognized, and Senator O'Mara
17 may be heard.
18 SENATOR O'MARA: Thank you,
19 Madam President. I rise to argue the germaneness
20 of the amendment that we put forth today.
21 This bill at hand deals with
22 telehealth services, something that has
23 significantly increased during the pandemic,
24 largely because of many restrictions in our state
25 as a result of the pandemic and a result of
1806
1 executive orders and directives by our Governor,
2 without involvement, consultation with, or
3 approval of this legislative body.
4 The hostile amendment at hand will
5 terminate the Governor's emergency powers that
6 will have been in effect for a full year in two
7 days.
8 We submit that the action taken just
9 about three weeks ago by this Legislature that
10 purported to end the Governor's emergency powers
11 did no such thing. Every directive that the
12 Governor had in place at the time we passed that
13 legislation about three weeks ago remains in
14 effect.
15 At the time of arguing that
16 legislation -- because we on this side of the
17 aisle do not believe that went far enough,
18 particularly given the circumstances in this
19 state and the multitude of scandals and
20 investigations that the Governor is operating
21 under right now, and that the Legislature should
22 be fully engaged in the operation of state
23 government, and particularly in the oversight of
24 Governor Cuomo's dictatorial control over
25 everything related to things in his executive
1807
1 orders, of which there are some 60, I believe,
2 remaining in place.
3 At the time of that debate it was
4 suggested by the Majority that we can simply
5 change any of the Governor's existing orders with
6 a concurrent resolution of the Senate and the
7 Assembly.
8 And we have since, from the
9 Republican side, brought, submitted a couple of
10 resolutions, as suggested by the Majority, one to
11 eliminate the requirement that a customer buy
12 food when they're ordering a beverage; second,
13 that the 11 p.m. curfew on the operation of bars
14 and restaurants should be ended.
15 These two by themselves represent
16 just a couple that, in my opinion and those of us
17 on this side of the aisle, have no rational basis
18 in either science or medicine -- therefore, no
19 rational basis to limit and constrict the
20 liberties, rights and freedoms of the citizens of
21 the State of New York.
22 Law requires there to be a rational
23 basis for any such limitations on liberty, rights
24 and freedoms. That's not the case with these
25 two. Yet this body, the Majority, refuses to
1808
1 continue to move those resolutions, even through
2 committee to get them to the floor on the active
3 Resolution Calendar. So despite what the
4 argument was three weeks ago, this Majority is
5 doing nothing.
6 And nothing has changed on all of
7 the edicts that the Governor had issued and were
8 existing at the time that that legislation was
9 passed three weeks ago.
10 The arbitrariness and capriciousness
11 of these two issues is plain to see on its face.
12 And there has been no suggestion by the Executive
13 of any scientific or medical basis for that.
14 There's a pending lawsuit in Western
15 New York that this Friday -- about a month after
16 an order to show cause was issued, in favor of
17 approximately 100 bars and restaurants in Western
18 New York, and Senator Patrick Gallivan -- that
19 the curfew had no basis, and the judge threw it
20 out.
21 The state's response date is this
22 Friday. So we're waiting on a ruling again from
23 the court to tell this Legislature what the law
24 is in New York State.
25 That's a delegation of our duty.
1809
1 That's sitting back and letting the court make
2 decisions that the Legislature should be involved
3 with, with the oversight of the Legislature, the
4 oversight of the Governor.
5 Nothing changed with bill that was
6 passed three weeks ago. Yet even this week the
7 Governor came out regarding the curfew and said
8 he's going to lift the 11 p.m. curfew, at the
9 Governor's own prerogative -- because he's still
10 got the final say, the ultimate authority,
11 without any involvement from us in the
12 Legislature -- that gyms, pool halls, theaters
13 and bowling alleys don't have to abide by the
14 11 p.m. curfew anymore.
15 What is the scientific or medical
16 rationale to lift the curfew for those types of
17 venues but not restaurants or bars? I submit
18 that there absolutely is none.
19 And it is senseless policies like
20 this that are making our economy even harder to
21 rebound from this pandemic and stifling small
22 businesses in the State of New York.
23 And I know that there are those on
24 the other side of the aisle in the Majority here
25 that have similar feelings and concerns on these
1810
1 issues. And our freshman Senator John Mannion
2 sent a letter to the Governor this week asking
3 that the curfew for Central New York be lifted so
4 that fans for the Syracuse Sweet 16 game this
5 weekend don't have to go home at halftime.
6 Well, I submit they're not going to
7 be going home at halftime, because they're not
8 going to be going out in the first place and
9 patronizing small businesses. The Governor
10 didn't do it for Buffalo Bills playoff games in
11 Western New York, yet there's court action
12 pending that says this curfew is baseless and
13 should not continue.
14 And I'm not arguing that we should
15 make exceptions for college basketball games or
16 professional football games just because they're
17 important games. But it should be statewide, and
18 we should have a standard in this state that
19 applies to everyone, not just 100 bars and
20 restaurants in Western New York that happen to be
21 the lucky plaintiffs in a case and they've been
22 able to be open now for a month past 11. That
23 must end.
24 Further, in light of the new
25 findings of the CDC -- based on the Massachusetts
1811
1 study that students can safely be in a classroom
2 with 3-foot separation, and the CDC agreeing with
3 that -- that is the major limiting factor at this
4 point in our schools getting back to full-time
5 in-person students in the classroom, where they
6 should be, and stop the continuing of falling
7 behind because of the way the education system is
8 running right now.
9 The science is suggesting that
10 3 feet is safe, but our schools -- even some
11 counties are going ahead without the 6-foot rule,
12 in violation of the Governor's edict of a 6-foot
13 requirement in schools.
14 We as a Legislature should be
15 dealing with these types of issues and not
16 sitting back and leaving it up to the Governor.
17 The American Association of Pediatricians agrees
18 with our position and that position of the CDC
19 and the findings of that Massachusetts study.
20 We need our students in the
21 classroom. We need them in the classroom as soon
22 as possible. The only thing hindering that in
23 most of our school districts is this 6-foot rule,
24 when all health studies indicate at this point
25 3 feet is safe and reasonable and should be
1812
1 pursued.
2 So based on that and these
3 considerations, Madam President, I believe that
4 the ruling of the chair should be overruled, that
5 this amendment should be ruled germane, and that
6 this Legislature should get back in the business
7 of oversight of an out-of-control Executive.
8 Thank you, Madam President.
9 ACTING PRESIDENT MAYER: Thank you,
10 Senator.
11 I want to remind the house that the
12 vote is on the procedures of the house and the
13 ruling of the chair.
14 Those in favor of overruling the
15 chair signify by saying aye.
16 SENATOR LANZA: Request a show of
17 hands.
18 SENATOR GIANARIS: Madam President,
19 we have agreed to waive the showing of hands and
20 record each member of the Minority in the
21 affirmative.
22 ACTING PRESIDENT MAYER: Without
23 objection, so ordered.
24 Announce the results.
25 THE SECRETARY: Ayes, 20.
1813
1 ACTING PRESIDENT MAYER: The ruling
2 of the chair stands, and the bill-in-chief is
3 before the house.
4 Are there any other Senators wishing
5 to be heard?
6 Seeing and hearing none, debate is
7 closed. The Secretary will ring the bell.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Senator
15 Harckham to explain his vote.
16 SENATOR HARCKHAM: Thank you very
17 much, Madam President.
18 You know, behavioral health is one
19 of the issues in this chamber that we have
20 usually good bipartisan support. And I'm always
21 open to working with my friends across the aisle
22 on how to make any piece of legislation better.
23 However, I submit that the hostile
24 amendment that was just submitted for this bill
25 was not appropriate, and I'm appreciative of
1814
1 colleagues for voting that down.
2 This is a bill that deals with a
3 couple of things. It deals with behavioral
4 health peers, their qualifications, and it deals
5 with telehealth. One of the things that we
6 learned during this pandemic is how critical
7 telehealth could be in the behavioral health
8 spectrum, whether it was dealing with mental
9 health issues or substance use disorder, and how
10 critical peers are.
11 Unfortunately, they're not qualified
12 as one of the billing elements for telehealth,
13 whether it be audiophonic or videophonic. This
14 bill actually makes them a qualifying entity so
15 that the providers who employ them can bill for
16 those services to insurance companies.
17 It's a vital financial lifeline
18 during this time when in-person visits are not
19 always possible. It's a vital lifeline to
20 patients. And it's a vital cash lifeline for the
21 organizations that run them.
22 So I vote aye. Thank you very much,
23 Madam President.
24 ACTING PRESIDENT MAYER: Senator
25 Harckham to be recorded in the affirmative.
1815
1 Announce the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 Senator Gianaris, that completes the
6 reading of the controversial calendar.
7 SENATOR GIANARIS: Thank you,
8 Madam President.
9 If we can go back to motions for a
10 moment.
11 On behalf of Senator Biaggi, on
12 page 18 I offer the following amendments to
13 Calendar 407, Senate 1068, and ask that said bill
14 retain its place on Third Reading Calendar.
15 ACTING PRESIDENT MAYER: The
16 amendments are received, and the bill shall
17 retain its place on the Third Reading Calendar.
18 SENATOR GIANARIS: Is there any
19 further business at the desk?
20 ACTING PRESIDENT MAYER: There is
21 no further business at the desk.
22 SENATOR GIANARIS: I move to
23 adjourn until tomorrow, Wednesday, March 24th, at
24 3:00 p.m.
25 ACTING PRESIDENT MAYER: On motion,
1816
1 the Senate stands adjourned until Wednesday,
2 March 24th, at 3:00 p.m.
3 (Whereupon, at 3:58 p.m., the Senate
4 adjourned.)
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