2900
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 28, 2021
11 11:34 a.m.
12
13
14 REGULAR SESSION
15
16
17
18
19 SENATOR SHELLEY B. MAYER, Acting President
20 ALEJANDRA N. PAULINO, ESQ., Secretary
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: 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 MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 April 27, 2021, the Senate met pursuant to
17 adjournment. The Journal of Monday, April 26,
18 2021, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT MAYER: 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 Comrie
2902
1 moves to discharge, from the Committee on
2 Corporations, Authorities and Commissions,
3 Assembly Bill Number 213 and substitute it for
4 the identical Senate Bill 3265, Third Reading
5 Calendar 414.
6 ACTING PRESIDENT MAYER: The
7 substitution is so ordered.
8 THE SECRETARY: Senator Ryan moves
9 to discharge, from the Committee on Commerce,
10 Economic Development and Small Business, Assembly
11 Bill Number 597 and substitute it for the
12 identical Senate Bill 5764, Third Reading
13 Calendar 678.
14 ACTING PRESIDENT MAYER: The
15 substitution is so ordered.
16 THE SECRETARY: Senator Thomas
17 moves to discharge, from the Committee on
18 Judiciary, Assembly Bill Number 6617A and
19 substitute it for the identical Senate Bill
20 5923A, Third Reading Calendar 695.
21 ACTING PRESIDENT MAYER: The
22 substitution is so ordered.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
2903
1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Gianaris.
5 SENATOR GIANARIS: Thank you,
6 Madam President.
7 On behalf of Senator Kavanagh, on
8 page 45 I offer the following amendments to
9 Calendar Number 796, Senate Print 6362, and ask
10 that said bill retain its place on Third Reading
11 Calendar.
12 ACTING PRESIDENT MAYER: The
13 amendments are received, and the bill shall
14 retain its place on the Third Reading Calendar.
15 Senator Gianaris.
16 SENATOR GIANARIS: Okay. Let's get
17 to it, Madam President. Today we're going to be
18 taking up some privileged resolutions to repeal
19 some of the directives by executive order that
20 the Governor has issued over the last year that
21 the Senate believes are no longer necessary and
22 serve an arbitrary function.
23 So we will begin with Privileged
24 Resolution 673, sponsored by Senator Liu, it's
25 now at the desk. Please read its title and
2904
1 recognize any Senators who wish to speak.
2 ACTING PRESIDENT MAYER: There is a
3 privileged resolution at the desk. The Secretary
4 will read.
5 THE SECRETARY: Senate Resolution
6 673, by Senator Liu, Concurrent Resolution of the
7 Senate and Assembly terminating certain
8 suspensions of law in Executive Order Numbers
9 202.6 and 202.7.
10 ACTING PRESIDENT MAYER: The
11 question is on the resolution.
12 The Secretary will call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT MAYER: The
18 resolution is adopted.
19 There is a privileged resolution at
20 the desk. The Secretary will read.
21 THE SECRETARY: Senate Resolution
22 675, by Senator Hinchey, Concurrent Resolution of
23 the Senate and Assembly terminating certain
24 directives issued pursuant to Executive Order
25 Numbers 202.89, 202.88 and 202.86.
2905
1 ACTING PRESIDENT MAYER: Senator
2 Hinchey on the resolution.
3 SENATOR HINCHEY: Thank you,
4 Madam President.
5 Our ability to beat back this
6 pandemic, get our Main Streets back in business
7 and our communities safely back to normal,
8 requires us to get shots in arms as effectively
9 as possible. We are in a place right now where
10 the outdated compliance rules and excessive
11 penalties put in place by executive order for
12 vaccine suppliers are a hindrance and are
13 actually working to disincentivize distribution,
14 especially in our more rural communities.
15 Our small neighborhood pharmacists
16 and those working creatively to deliver vaccines
17 through pop-ups and door-to-door distribution
18 should not bear the burden of this outdated and
19 now harmful directive.
20 It's time to repeal it, and
21 therefore I'm really happy to carry this
22 resolution.
23 Thank you very much.
24 ACTING PRESIDENT MAYER: Thank you,
25 Senator Hinchey.
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1 The question is on the resolution.
2 The Secretary will call the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT MAYER: The
8 resolution is adopted.
9 Senator Gianaris.
10 SENATOR GIANARIS: Thank you,
11 Madam President. We've knocked out two of these,
12 and now we will take up the third one for today.
13 It is Privileged Resolution 674, sponsored by
14 Senator Mannion, which relates to the requirement
15 that food must be served with beverages, and we
16 will be repealing that as well.
17 Please read the title of the
18 privileged resolution which is at the desk and
19 recognize any Senators wishing to speak,
20 beginning with Senator Mannion.
21 ACTING PRESIDENT MAYER: There is a
22 privileged resolution at the desk.
23 The Secretary will read.
24 THE SECRETARY: Senate Resolution
25 674, by Senator Mannion, Concurrent Resolution of
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1 the Senate and Assembly terminating Executive
2 Order Number 202.52.
3 ACTING PRESIDENT MAYER: Senator
4 Mannion on the resolution.
5 SENATOR MANNION: Thank you,
6 Madam President.
7 The Concurrent Resolution before the
8 body is, on its surface, about rescinding an
9 arbitrary and burdensome executive order
10 impacting New York's bar and restaurant industry.
11 It's also about foundational constitutional
12 principles like checks and balances and the
13 coequal branches of government.
14 I believe the order was conceived in
15 good faith at a time when COVID was raging,
16 vaccines seemed far away, and we didn't have the
17 scientific knowledge that we have now about the
18 virus.
19 Those are the reasons why the
20 Legislature granted the Governor executive powers
21 in the first place. It's clear now that some
22 edicts from the Executive, including requiring
23 the purchase of food with alcohol, are arbitrary
24 and not based on science.
25 I taught college-level chemistry and
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1 biology for years, including teaching about
2 viruses and other pathogens. I have yet to find
3 any scientific literature that finds a
4 correlation between ordering food with your drink
5 and stopping the spread of COVID-19.
6 Thankfully, the executive order we
7 are repealing today did not stop the
8 entrepreneurial spirit of so many New Yorkers.
9 It spawned a laundry list of memorable menu items
10 to ensure compliance -- you can insert your
11 favorite one here. It was almost funny. But in
12 reality, it's not funny. It was never funny.
13 Executive Order 202.52 has far outlived any
14 usefulness in protecting public health or
15 crushing the virus.
16 Rescinding this order helps put
17 "hospitable" back in the hospitality industry.
18 COVID-19 is still a risk, particularly for the
19 unvaccinated. This is not about throwing caution
20 to the wind or rejecting measures to protect
21 public health. It is about striking a balance.
22 It is about common sense. It's about respect for
23 businesses and respect for New Yorkers, because
24 both know what to do to stay safe, and they are
25 doing it.
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1 As a point of personal privilege,
2 Madam President, I would like to thank
3 Leader Andrea Stewart-Cousins. She continues to
4 chart the way forward in this state, leading by
5 example. She stands up for what's right, and
6 that's what this body is doing today. She'll
7 work with everyone to make sure that it benefits
8 all New Yorkers, which is exactly how government
9 is supposed to work.
10 It's my honor to sponsor this
11 resolution on behalf of every bar and restaurant
12 owner fighting to keep the doors open and the
13 lights on, and for every restaurant worker that
14 works in the front of the house or the back of
15 the house, and for every New Yorker who makes a
16 living in the hospitality industry. You are the
17 fabric of our communities, and we need to support
18 you.
19 And finally, Madam President, a
20 message to the folks back in Syracuse and Auburn,
21 Onondaga and Cayuga counties. We know our bars
22 and restaurants are the kind of places where the
23 bartender knows your name, the hostess knows your
24 table, and the waitress remembers your favorite
25 dish, and that's just how we like it.
2910
1 To my friends in Syracuse, when I
2 get back home, the first round's on me. Cheers,
3 salud, sláinte! I proudly cast my vote in the
4 affirmative.
5 Thank you, Madam President.
6 ACTING PRESIDENT MAYER: Thank you,
7 Senator Mannion.
8 Senator Oberacker on the resolution.
9 SENATOR OBERACKER: Thank you,
10 Madam President.
11 Finally, some action that makes
12 sense. Restaurant and bar owners have been
13 calling for this action for months. The people
14 of New York have been calling for this action for
15 months. The nine counties that I represent --
16 Ulster, Delaware, Schoharie, Otsego, Herkimer,
17 Chenango, Cayuga, Tompkins and Cortland -- they
18 have been calling for this action for months.
19 And Senate Republicans have been
20 calling for this action for months. And now
21 today, finally, the other side of the aisle joins
22 in. In the words of Bruce Willis's Die Hard
23 character Detective John McClane: Welcome to the
24 party, pal.
25 One of the phrases I hear often on
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1 the Senate floor comes to mind. It's "this is a
2 good start." But it doesn't go far enough.
3 There are a number of unscientific, arbitrary
4 executive orders that need to be terminated, and
5 I truly hope today's action is the beginning and
6 we will now take the additional steps to reopen
7 and rebuild our economy.
8 People across the state have done
9 their part. Our business owners have done more
10 than their part. And I will continue to stand up
11 and press, for them, for real change.
12 This piecemeal approach is really
13 unnecessary. Let's be decisive. It's time to
14 end the Governor's executive overreach, restore
15 constitutional checks and balances, and do the
16 job we were elected to do.
17 I will be voting in the affirmative
18 today. Thank you, Madam President.
19 ACTING PRESIDENT MAYER: Thank you,
20 Senator Oberacker.
21 Senator Rath on the resolution.
22 SENATOR RATH: Thank you,
23 Madam President.
24 We have all heard many times in our
25 lives that patience is a virtue. And over the
2912
1 past year, some of the most virtuous people have
2 been our bar and restaurant owners, who have
3 waited patiently, have held out hope that
4 New York State was going to step up to the plate
5 and support them and understand their plight.
6 Well, today's food with alcohol
7 mandate repeal is welcome news. The bars and
8 restaurants are thrilled across my district and I
9 would say thrilled across all of New York State.
10 And while this is a welcome step, it
11 has taken far too long to get here. It shouldn't
12 take lawsuits and court hearings for our
13 struggling restaurants to be heard. According to
14 the state's own data that came out months ago,
15 restaurants and bars accounted for a very small
16 portion of transmission, and it was made clear
17 that restaurants could fully reopen and operate
18 safely.
19 It's really unfortunate that back in
20 March when the Majority said that we were, quote,
21 rescinding the Governor's powers, all that we did
22 was extend the arbitrary mandates that were due
23 to sunset this Friday.
24 Since then in March, we have seen
25 our restaurants continue to struggle and continue
2913
1 to have to follow these arbitrary mandates. Once
2 again we saw, by the Governor's own account, an
3 agreement between the Senate and the Governor to
4 repeal this mandate. So it seems despite what's
5 being said to us, that the Governor is still
6 pulling the strings in Albany.
7 I'm extremely happy -- extremely
8 happy -- for our local restaurants, but this
9 process is still broken. Furthermore, we see
10 arbitrary curfews that remain in place and ought
11 to be repealed today as well, not next month.
12 We need to stop waiting for the
13 Governor's permission to do our jobs and take
14 back our Senate's powers and stop this
15 centralized control that is killing small
16 businesses, restaurants and communities.
17 And while I certainly applaud and
18 support this resolution today, much more work
19 needs to be done.
20 Thank you, Madam President.
21 ACTING PRESIDENT MAYER: Thank you,
22 Senator Rath.
23 Senator Borrello on the resolution.
24 SENATOR BORRELLO: Thank you,
25 Madam President.
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1 First of all, I'd like to start off
2 by thanking Senator Mannion for this reso.
3 I will admit I had a little bit of
4 déjà vu, though, when I read it, since we
5 introduced this back in mid-March. But I'm happy
6 to be here this day.
7 Unfortunately, speaking as a
8 restaurant owner, small business owner, I can
9 tell you that as good as we've got here today,
10 it's still a sad day for so many businesses.
11 Because the reality is we had this power to do
12 this since day one. Day one, when the Governor
13 was granted these unprecedented and
14 unconstitutional executive powers.
15 And while the pandemic was certainly
16 not a crisis that we created, the economic crisis
17 was absolutely manmade -- by one man, enabled by
18 this body and by the Assembly.
19 So here we are, 54 days after we
20 were told the Governor's powers were rescinded,
21 54 days after people on both sides of the aisle
22 stood on this floor and said that this particular
23 executive order requiring food to be purchased
24 with alcohol was unscientific and very damaging.
25 We waited 54 more days to do something about it.
2915
1 Twenty percent of New York's
2 restaurants have closed since this manmade crisis
3 began. Fifty-four days it took us to bring this
4 resolution forward.
5 Restaurant workers that were
6 displaced that I personally went down and saw in
7 places like Corona, Queens, that had to resort to
8 street vending to feed their families -- and we
9 waited 54 more days to do something about it.
10 So I'm happy to be here, but I'm sad
11 that it took us this long to put aside the
12 politics and to do what was right for the people
13 of New York State.
14 Thank you.
15 ACTING PRESIDENT MAYER: Thank you,
16 Senator Borrello.
17 Senator Palumbo on the resolution.
18 SENATOR PALUMBO: Thank you,
19 Madam President.
20 You know, without belaboring the
21 point -- it does certainly bear some repeating --
22 but it's certainly nice to see that we're acting
23 as a coequal branch today. We've come alive.
24 Better late than never to the party, I guess.
25 And, you know, now we're hearing, as
2916
1 of today, that the curfews are going to be
2 removed by the Governor in the next few weeks.
3 And when you think about it, you know, we would
4 somewhat jokingly -- and it's not a laughing
5 matter -- say that, well, 11 o'clock is when you
6 need to be out and need to home because COVID is
7 just getting out of the shower at 10:30 and you
8 can get sick at 11:15, so you need to be home.
9 And then it was moved to midnight, without any
10 empirical data.
11 On the federal level we hear
12 Dr. Fauci get the question: Well, why are
13 Texas's numbers going down? They have no mask
14 mandates, vaccine numbers are going up. Why?
15 Well, I have no idea, absolutely have no idea.
16 Well, what about now removing your
17 mask after you're two weeks from your second shot
18 and you're vaccinated? Let's change our lives,
19 right? We want to encourage people to get the
20 vaccine. This is why you need to do it, because
21 regular life is coming back. Oh, no, no you
22 still need to wear two masks even if you're
23 vaccinated.
24 So unfortunately the information
25 stream has been preposterous, borderline
2917
1 silliness, when we are controlling lives of
2 people, controlling businesses on an arbitrary
3 whim.
4 And again, I'm glad to be here, that
5 we're finally acting as a coequal branch of
6 government. But why aren't we doing more?
7 Because we know that it varies from state to
8 state to state depending on the arrogance of the
9 Executive, quite frankly. And I know that's a
10 little impolite to say, but that's all we're
11 talking about. He has absolutely no reason
12 whatsoever to even change his tune and open up in
13 a few weeks about that. But he has, because it's
14 politically expedient.
15 I think that the Governor may be
16 milking these provisions so that he can avoid or
17 distract from his other collateral issues that
18 have come to the forefront that are his personal
19 problems, by taking it out on our residents of
20 New York State.
21 So again, I'm happy to be here.
22 And, you know, this is -- this is the right thing
23 to do. It's been the right thing to do. And as
24 my colleague mentioned, 54 days ago we should
25 have been doing this.
2918
1 I mean, when we have this
2 particular -- this particular resolution deals
3 with ordering food when you order alcohol. That
4 somehow prevents COVID-19? Think of how silly
5 that is. We have an awful lot of them, and
6 you're going to be hearing from my conference, I
7 expect, a lot in the next few weeks regarding
8 these other executive orders that have been just
9 strangling our residents.
10 We're smart enough to do it safely
11 and in a fashion that will not further spread
12 this horrible disease. We don't need to be
13 babysat by one individual, that being the
14 Governor.
15 Madam President, I vote aye. I'm
16 glad to see that we're finally doing something.
17 We're a little late to the dance, but let's keep
18 going. Thank you very much.
19 ACTING PRESIDENT MAYER: Thank you,
20 Senator.
21 Senator Gianaris on the resolution.
22 SENATOR GIANARIS: Thank you,
23 Madam President.
24 Let me begin by saying, to my
25 colleagues across the aisle, you're welcome. I
2919
1 appreciate the yes votes on this resolution.
2 And let me dispel the various zany
3 conspiracy theories that they have been positing
4 today. I assure you the Governor was not at all
5 pleased that we are passing this repeal today, or
6 these repeals, the multiple repeals today. And
7 in fact I daresay the additional announcements he
8 made this morning are a direct result of our
9 taking this action today, because we made it
10 clear we're going to continue to review the
11 existing directives and continue to assert
12 ourselves as we see fit.
13 I also heard 54 days bandied about,
14 as if it was too long to do this. Well, let me
15 point out to my colleagues that this directive
16 has been in place since last year. And their
17 resolution to repeal it came a month ago, a
18 month and a half ago, whatever it was. So 54
19 days is too long? What about the hundreds and
20 hundreds of days you waited before you introduced
21 a resolution to address this at all?
22 So spare me. If you don't like what
23 we're doing, go try and win some elections and
24 change the direction of this body. We've done
25 that over the last several years, and we are
2920
1 moving in a direction that the state wants us to
2 move in, we are asserting ourselves as a
3 legislature as we promised we would do. And
4 these repeals are just the beginning.
5 Thank you, Madam President. I vote
6 yes.
7 ACTING PRESIDENT MAYER: The
8 question is on the resolution.
9 The Secretary will call the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT MAYER: The
15 resolution is adopted.
16 Senator Gianaris.
17 SENATOR GIANARIS: Can we now move
18 to the reading of the calendar, please.
19 ACTING PRESIDENT MAYER: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 158, Senate Print 1091A, by Senator Gaughran, an
23 act to amend the General Municipal Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
2921
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
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: Ayes, 61.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 210, Senate Print 936, by Senator Krueger, an act
13 to amend the Tax Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the first of April.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 210, those Senators voting in the
25 negative are Senators Akshar, Borrello, Gallivan,
2922
1 Griffo, Jordan, Martucci, Oberacker, O'Mara,
2 Palumbo, Rath and Weik.
3 Ayes, 52. Nays, 11.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 242, Senate Print 2044, by Senator Akshar, an act
8 to amend Chapter 455 of the Laws of 2011.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 242, voting in the negative:
20 Senator Brisport.
21 Ayes, 62. Nays, 1.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 306, Senate Print 403, by Senator Biaggi, an act
2923
1 to amend the Penal Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of November.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 393, Senate Print 2211, by Senator Sepúlveda, an
16 act to amend the Correction Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 90th day after it
21 shall have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
2924
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 414, Assembly Print 213, substituted earlier by
7 Assemblymember Paulin, an act to amend the
8 Not-For-Profit Corporation Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 90th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 441, Senate Print 5066, by Senator Harckham, an
24 act to amend the Mental Hygiene Law.
25 ACTING PRESIDENT MAYER: Read the
2925
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 505, Senate Print 345, by Senator Kaplan, an act
14 to amend the Mental Hygiene Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT MAYER: The bill
2926
1 is passed.
2 THE SECRETARY: Calendar Number
3 575, Senate Print 4483, by Senator Breslin, an
4 act to amend the Insurance Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 619, Senate Print 720, by Senator Hoylman, an act
19 to amend the Estates, Powers and Trusts Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
2927
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 678, Assembly Print 597, substituted earlier by
9 Assemblymember Woerner, an act to amend the
10 Alcoholic Beverage Control Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 60th day after it
15 shall have become a law.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 695, Assembly Print 6617A, substituted earlier by
2928
1 Assemblymember Weinstein, an act to amend the
2 Civil Practice Law and Rules.
3 SENATOR LANZA: Lay it aside.
4 ACTING PRESIDENT MAYER: The bill
5 is laid aside.
6 THE SECRETARY: Calendar Number
7 697, Senate Print 3264, by Senator Comrie, an act
8 to amend the Not-For-Profit Corporation Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 703, Senate Print 3541, by Senator Stavisky, an
23 act to amend the Education Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
2929
1 THE SECRETARY: Section 6. This
2 act shall take effect on the 180th day after it
3 shall have become a law.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 703, those Senators voting in the
11 negative are Senators Akshar, Helming, Jordan,
12 Lanza, Ortt, Serino, Skoufis and Weik.
13 Ayes, 55. Nays, 8.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 705, Senate Print 1132A, by Senator Liu, an act
18 to establish a General Aviation Task Force.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
2930
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 710, Senate Print 4772, by Senator Brooks, an act
8 to amend the Highway Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 717, Senate Print 1131, by Senator Liu, an act to
23 amend the Tax Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
2931
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
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 717, voting in the negative:
10 Senator Lanza.
11 Ayes, 62. Nays, 1.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 721, Senate Print 4082, by Senator Hinchey, an
16 act to amend the Education Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 90th day after it
21 shall have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
2932
1 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 today's calendar.
7 SENATOR GIANARIS: Please take up
8 the controversial calendar.
9 ACTING PRESIDENT MAYER: The
10 Secretary will ring the bell.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 695, Assembly Print 6617A, substituted earlier by
14 Assemblymember Weinstein, an act to amend the
15 Civil Practice Law and Rules.
16 ACTING PRESIDENT MAYER: Senator
17 Lanza, why do you rise?
18 SENATOR LANZA: Madam President, I
19 believe there's an amendment at the desk. I
20 waive the reading of that amendment and ask that
21 Senator Borrello be recognized and heard.
22 ACTING PRESIDENT MAYER: Thank you,
23 Senator Lanza.
24 Upon review of the amendment, in
25 accordance with Rule 6, Section 4B, I rule it
2933
1 nongermane and out of order at this time.
2 SENATOR LANZA: Accordingly,
3 Madam President, I appeal the ruling of the chair
4 and ask that Senator Borrello be recognized.
5 ACTING PRESIDENT MAYER: The appeal
6 has been made and recognized, and Senator
7 Borrello may be heard.
8 SENATOR BORRELLO: Thank you,
9 Madam President.
10 I rise to appeal the ruling of the
11 chair because this amendment is germane because
12 it deals directly with the laws related -- that
13 have been modified and extended because of the
14 COVID-19 executive authority that the Governor
15 was given.
16 So this is a significant day, this
17 coming Friday, April 30th, for two reasons.
18 Number one, it's Arbor Day. So Happy Arbor Day
19 to everybody.
20 Number two, Friday, April 30th was
21 the original date that the Governor's executive
22 authority would have expired. Instead, they will
23 continue on indefinitely until the Governor
24 decides that will be rescinded, because of
25 actions taken by this body in the so-called
2934
1 repeal of the Governor's executive authority.
2 And as Senator Gianaris mentioned
3 earlier today, the Governor put out a statement
4 thumbing his nose at the Senate, saying that he
5 is going to now extend or repeal the curfew in
6 two parts, the restaurant curfew, the first one
7 on May 17th. You can be outside after midnight,
8 but not inside. Because, you know, that makes a
9 lot of sense. And he is just further codifying
10 the fact that his powers were not rescinded.
11 This amendment today will do exactly
12 that. It will finally and succinctly repeal the
13 Executive authority that has been so damaging to
14 our economy, that is so unnecessary, and that is
15 still bearing down on us and the small businesses
16 that support so many families across New York
17 State.
18 As I mentioned before, 54 days ago
19 these powers were changed, modified, tweaked --
20 whatever you want to call them -- but they were
21 not rescinded. And yes, we had the power to do
22 all this a long time before, and chose not to,
23 because clearly there's just not enough will,
24 particularly within the Majority, to actually do
25 something about the fact that we are derelict in
2935
1 our constitutional duties here to be a separate,
2 coequal branch of government.
3 So I appeal the ruling of the chair,
4 that this amendment is germane and that we should
5 move forward and vote on this so instead of just
6 doing this willy-nilly once in a while, here and
7 there, where the Governor's going to take this
8 opportunity to lengthen the chain on the leash a
9 little bit for us, let's just cut the leash now
10 and pass this amendment.
11 Thank you, Madam President.
12 ACTING PRESIDENT MAYER: Thank you,
13 Senator.
14 I want to remind the house that the
15 vote is on the procedures of the house and the
16 ruling of the chair.
17 Those in favor of overruling the
18 chair signify by saying aye.
19 SENATOR LANZA: Request a show of
20 hands.
21 SENATOR GIANARIS: Madam President,
22 we've agreed to waive the showing of hands and
23 record each member of the Minority in the
24 affirmative.
25 ACTING PRESIDENT MAYER: Without
2936
1 objection, so ordered.
2 Announce the results.
3 THE SECRETARY: Ayes, 19.
4 ACTING PRESIDENT MAYER: The ruling
5 of the chair stands, and the bill-in-chief is
6 before the house.
7 Are there any other Senators wishing
8 to be heard?
9 Seeing and hearing none, debate is
10 closed. The Secretary will ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Senator
18 Thomas to explain his vote.
19 SENATOR THOMAS: Thank you,
20 Madam President.
21 Thank you to our Leader
22 Stewart-Cousins for bringing this to the floor in
23 such a timely fashion.
24 Federal relief payments were
25 intended as a lifeline to help families meet
2937
1 their basic financial needs to pay for food,
2 rent, utilities, medicine and other basic
3 necessities. Unfortunately, the language of
4 federal laws have left these payments vulnerable
5 to seizure by predatory debt collectors.
6 I represent a district on Long
7 Island that has been particularly hard-hit by
8 this pandemic. Since March of last year, my
9 office has fielded thousands of calls to assist
10 families impacted by food insecurity and
11 unemployment.
12 Stress and financial hardship can be
13 especially devastating for families caring for
14 young children. Research shows that households
15 with children report high rates of problems
16 meeting basic needs during the pandemic. In
17 Nassau County alone, over 35,000 children are
18 currently struggling with food insecurity.
19 For so many families, a $600
20 stimulus check represents certainty, the
21 certainty that they can put food on the table and
22 keep a roof over their heads. This certainty
23 should not be placed at the mercy of debt
24 collectors.
25 Today's legislation ensures that
2938
1 families are able to use this safety-net funding
2 as it was originally intended, to provide for
3 their families.
4 Thank you. I vote in the
5 affirmative.
6 ACTING PRESIDENT MAYER: Senator
7 Thomas to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar 695, those Senators voting in the
11 negative are Senators Akshar, Borrello, Griffo,
12 Helming, Jordan, Lanza, Mattera, Oberacker, Ortt,
13 Palumbo, Rath, Serino, Stec, Tedisco and Weik.
14 Ayes, 48. Nays, 15.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 Senator Gianaris, that completes the
18 reading of the controversial calendar.
19 SENATOR GIANARIS: Is there any
20 further business at the desk?
21 ACTING PRESIDENT MAYER: There is
22 no further business at the desk.
23 SENATOR GIANARIS: Before we
24 adjourn, Madam President, let me wish all who are
25 observing a joyous Greek Easter, Orthodox Easter,
2939
1 this coming weekend.
2 And I move to adjourn until next
3 month, Monday, May 3rd, at 3:00 p.m., with
4 intervening days being legislative days.
5 ACTING PRESIDENT MAYER: On motion,
6 the Senate stands adjourned until Monday,
7 May 3rd, at 3:00 p.m., intervening days being
8 legislative days.
9 (Whereupon, at 12:07 p.m., the
10 Senate adjourned.)
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