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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 April 19, 2021
11 3:05 p.m.
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13
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 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: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Friday,
16 April 16, 2021, the Senate met pursuant to
17 adjournment. The Journal of Thursday, April 15,
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 The Secretary will read.
25 THE SECRETARY: Senator Hoylman
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1 moves to discharge, from the Committee on
2 Judiciary, Assembly Bill Number 297 and
3 substitute it for the identical Senate Bill 69,
4 Third Reading Calendar 201.
5 ACTING PRESIDENT PERSAUD:
6 Substitution so ordered.
7 THE SECRETARY: Senator Kennedy
8 moves to discharge, from the Committee on
9 Transportation, Assembly Bill Number 1863 and
10 substitute it for the identical Senate Bill 3925,
11 Third Reading Calendar 634.
12 ACTING PRESIDENT PERSAUD:
13 Substitution so ordered.
14 Messages from the Governor.
15 Reports of standing committees.
16 Reports of select committees.
17 Communications and reports from
18 state officers.
19 Motions and resolutions.
20 Senator Gianaris.
21 SENATOR GIANARIS: Thank you,
22 Madam President.
23 I wish to call up my bill,
24 Senate 1034A, recalled from the Assembly, which
25 is now at the desk.
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1 ACTING PRESIDENT PERSAUD: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 119, Senate Print 1034A, by Senator Gianaris, an
5 act to amend the Labor Law.
6 SENATOR GIANARIS: I now move to
7 reconsider the vote by which this bill was
8 passed.
9 ACTING PRESIDENT PERSAUD: The
10 Secretary will call the roll on reconsideration.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT PERSAUD: The bill
14 is restored to its place on the Third Reading
15 Calendar.
16 SENATOR GIANARIS: I offer the
17 following amendments.
18 ACTING PRESIDENT PERSAUD: The
19 amendments are received.
20 SENATOR GIANARIS: On behalf of
21 Senator May, I wish to call up Senate Print 1509,
22 recalled from the Assembly, which is now at the
23 desk.
24 ACTING PRESIDENT PERSAUD: The
25 Secretary will read.
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1 THE SECRETARY: Calendar Number
2 280, Senate Print 1509, by Senator May, an act to
3 amend the Transportation Law.
4 SENATOR GIANARIS: I move to
5 reconsider the vote by which the bill was passed.
6 ACTING PRESIDENT PERSAUD: The
7 Secretary will call the roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT PERSAUD: The bill
11 is restored to its place on the Third Reading
12 Calendar.
13 SENATOR GIANARIS: I offer the
14 following amendments.
15 ACTING PRESIDENT PERSAUD: The
16 amendments are received.
17 SENATOR GIANARIS: On behalf of
18 Senator Kaplan, on page 4 I offer the following
19 amendments to Calendar Number 99, Senate Print
20 343, and ask that said bill retain its place on
21 Third Reading Calendar.
22 ACTING PRESIDENT PERSAUD: The
23 amendments are received, and the bill shall
24 retain its place on the Third Reading Calendar.
25 SENATOR GIANARIS: Thank you,
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1 Madam President.
2 Can we now take up the reading of
3 the calendar.
4 ACTING PRESIDENT PERSAUD: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 178, Senate Print 2135A, by Senator Hinchey, an
8 act to amend the Agriculture and Markets Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 201, Assembly Print 297, substituted earlier by
23 Assemblymember Gottfried, an act to amend the
24 Uniform City Court Act.
25 ACTING PRESIDENT PERSAUD: Read the
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1 last section.
2 THE SECRETARY: Section 9. This
3 act shall take effect on the first of September.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 201, those Senators voting in the
11 negative are Senators Borrello, Boyle, Griffo,
12 Jordan, Martucci, Oberacker, Ortt, Palumbo, Rath,
13 Serino, Stec and Tedisco.
14 Ayes, 51. Nays, 12.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 438, Senate Print 412, by Senator Biaggi, an act
19 to amend the Mental Hygiene Law and the Racing,
20 Pari-Mutuel Wagering and Breeding Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the 120th 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: Ayes, 63.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 488, Senate Print 3467A, by Senator Mayer, an act
11 to amend the General Business Law.
12 ACTING PRESIDENT PERSAUD: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect one year after it shall
16 have become a law.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 559, Senate Print 4431, by Senator May, an act to
2 amend the General Municipal Law.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 2. 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
16 560, Senate Print 4481, by Senator Harckham, an
17 act to amend the General Municipal Law.
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: Ayes, 63.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 570, Senate Print 2008A, by Senator Jackson, an
7 act to amend the Insurance Law.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 90th day after it
12 shall have become a law.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 570, those Senators voting in the
20 negative are Senators Borrello, Gallivan, Griffo,
21 Oberacker, O'Mara, Ortt, Rath, Serino and Stec.
22 Ayes, 54. Nays, 9.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 612, Senate Print 4897, by Senator Gounardes, an
2 act to amend the Civil Service Law.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 2. 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
16 621, Senate Print 3666, by Senator Comrie, an act
17 to amend the Real Property Law.
18 SENATOR LANZA: Lay it aside.
19 ACTING PRESIDENT PERSAUD: Lay it
20 aside.
21 THE SECRETARY: Calendar Number
22 634, Assembly Print 1863, substituted earlier by
23 Assemblymember Magnarelli, an act to amend the
24 Vehicle and Traffic Law.
25 ACTING PRESIDENT PERSAUD: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 Senator Gianaris, that completes the
13 reading of today's calendar.
14 SENATOR GIANARIS: Please go to the
15 controversial calendar.
16 ACTING PRESIDENT PERSAUD: The
17 Secretary will ring the bell.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 621, Senate Print 3666, by Senator Comrie, an act
21 to amend the Real Property Law.
22 ACTING PRESIDENT PERSAUD: Senator
23 Lanza, why do you rise?
24 SENATOR LANZA: Madam President, I
25 believe there's an amendment at the desk. I
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1 waive the reading of that amendment and ask that
2 Senator Serino be recognized and heard.
3 ACTING PRESIDENT PERSAUD: Thank
4 you, Senator Lanza.
5 Upon review of the amendment, in
6 accordance with Rule 6, Section 4B, I rule it
7 nongermane and out of order at this time.
8 SENATOR LANZA: Accordingly,
9 Madam President, I appeal the ruling of the chair
10 and ask that Senator Serino be recognized.
11 ACTING PRESIDENT PERSAUD: The
12 appeal has been made and recognized, and
13 Senator Serino may be heard.
14 SENATOR SERINO: Thank you,
15 Madam President. Nice to see you.
16 The proposed amendment is germane to
17 the bill at hand because the bill amends the
18 Real Property Law with the intention of limiting
19 unreasonable fees.
20 While I support this bill and have
21 voted for it in the past, I find it awfully
22 ironic that we're voting to limit an unreasonable
23 fee on something as small as a house key, while
24 this body continues to take no real action to
25 limit the mountain of unreasonable orders that
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1 have been issued since the start of the pandemic.
2 Over the past year, the Governor
3 has issued countless executive orders amending
4 not just the Real Property Law, but laws that
5 impact every single area of our lives. Many of
6 these have been arbitrary and unreasonable,
7 putting undue burdens on New Yorkers that have
8 impacted their entire livelihoods.
9 On March 5th, the Legislature's
10 supermajority passed legislation that was
11 supposed to limit the Governor's emergency
12 pandemic powers. Wow. Everybody was really
13 excited -- if that was really true.
14 That legislation expressly requires
15 the Governor's office to explain the need for any
16 extension or modification of emergency
17 directives. Absolutely. That makes sense.
18 That's the way it should be.
19 However, on April 6th -- and
20 everybody will remember we were just wrapping up
21 the budget -- the Governor quietly issued a new
22 executive order that extended all previously
23 issued directives for 30 days, and only posted
24 the need for the extension of seven out of 175
25 directives on the state's website.
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1 What about the other 168 directives?
2 What is this body doing about it? Nothing.
3 I said it at the time, and I will
4 say it again, that measure was an absolute sham.
5 And it did nothing to bring about meaningful
6 changes for New Yorkers.
7 We still have arbitrary rules in
8 place, like the random restaurant curfew and the
9 ridiculous rule that requires the purchase of
10 food with your beverage. This despite agreement
11 on both sides of the aisle that these should be
12 repealed -- and despite our effort to do what was
13 suggested by the Majority, when we introduced a
14 concurrent resolution to repeal these rules.
15 This body has proven time and again
16 that it lacks the will to do what's right, exert
17 itself as the coequal branch of government that
18 it is, and be accountable to the residents who
19 elected us.
20 In the sponsor's memo of the bill at
21 hand, my colleague correctly argues: "This sort
22 of price-gouging serves as a very expensive
23 punishment for tenants who need their keys
24 reproduced." He goes on to rightly say that "bad
25 actors necessitate this prohibitive legislation."
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1 Well, I would argue that these kinds
2 of arbitrary rules serve as a very costly
3 punishment for New Yorkers who have done their
4 part and made considerable sacrifices in the name
5 of public health.
6 I would also argue that the bad
7 actor in this case -- huh, our scandal-scarred
8 Governor -- necessitates the prohibitive
9 amendment I'm proposing which would truly strip
10 the Governor of his emergency pandemic powers.
11 Should the price of a house key
12 really be at the top of our priority list while
13 the Governor's baseless orders are closing
14 businesses, separating families, costing jobs and
15 actually ruining New Yorkers into debt, as they
16 may never get out of it?
17 I urge my colleagues to set politics
18 aside and do right by the residents we serve by
19 putting an end to the one-man rule, by supporting
20 the amendment I'm proposing once again here
21 today.
22 Thank you, Madam President.
23 ACTING PRESIDENT PERSAUD: Thank
24 you, Senator Serino.
25 I want to remind the house that the
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1 vote is on the procedures of the house and the
2 ruling of the chair.
3 Those in favor of overruling the
4 chair signify by saying aye.
5 SENATOR LANZA: Request a show of
6 hands.
7 SENATOR GIANARIS: Madam President,
8 we have agreed to waive the showing of hands and
9 record each member of the Minority in the
10 affirmative.
11 ACTING PRESIDENT PERSAUD: Without
12 objection, so ordered.
13 Announce the results.
14 THE SECRETARY: Ayes, 20.
15 ACTING PRESIDENT PERSAUD: The
16 ruling of the chair stands, and the bill-in-chief
17 is before the house.
18 Are there any other Senators wishing
19 to be heard?
20 Seeing and hearing none, debate is
21 closed. The Secretary will ring the bell.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PERSAUD: Call the
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1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 621, those Senators voting in the
7 negative are Senators Akshar, Borrello, Gallivan,
8 Griffo, Helming, Jordan, Lanza, Oberacker,
9 O'Mara, Ortt, Palumbo, Rath, Ritchie, Stec,
10 Tedisco and Weik.
11 Ayes, 47. Nays, 16.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 Senator Gianaris, that completes the
15 reading of today's controversial calendar.
16 SENATOR GIANARIS: Is there any
17 further business at the desk?
18 ACTING PRESIDENT PERSAUD: There is
19 no further business at the desk.
20 SENATOR GIANARIS: I move to
21 adjourn until tomorrow, Tuesday, April 20th, at
22 3:00 p.m.
23 ACTING PRESIDENT PERSAUD: On
24 motion, the Senate stands adjourned until
25 Tuesday, April 20th, at 3:00 p.m.
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1 (Whereupon, at 3:18 p.m., the Senate
2 adjourned.)
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