3310
1 NEW YORK STATE SENATE
2
3
4
5 THE STENOGRAPHIC RECORD
6
7
8
9
10 ALBANY, NEW YORK
11 May 12, 2021
12 11:34 a.m.
13
14
15 REGULAR SESSION
16
17
18
19 SENATOR SHELLEY B. MAYER, Acting President
20 ALEJANDRA N. PAULINO, ESQ., Secretary
21
22
23
24
25
3311
1
2 P R O C E E D I N G S
3 ACTING PRESIDENT MAYER: The Senate
4 will come to order.
5 I ask everyone present to please
6 rise and recite the Pledge of Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MAYER: In the
10 absence of clergy, let us bow our heads in a
11 moment of silent reflection or prayer.
12 (Whereupon, the assemblage respected
13 a moment of silence.)
14 ACTING PRESIDENT MAYER: The
15 reading of the Journal.
16 THE SECRETARY: In Senate, Tuesday,
17 May 11, 2021, the Senate met pursuant to
18 adjournment. The Journal of Monday, May 10,
19 2021, was read and approved. On motion, the
20 Senate adjourned.
21 ACTING PRESIDENT MAYER: Without
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 The Secretary will read.
3312
1 THE SECRETARY: Senator Salazar
2 moves to discharge, from the Committee on Labor,
3 Assembly Bill Number 6077A and substitute it for
4 the identical Senate Bill 3291A, Third Reading
5 Calendar 363.
6 ACTING PRESIDENT MAYER: The
7 substitution is so ordered.
8 THE SECRETARY: Senator
9 Reichlin-Melnick moves to discharge, from the
10 Committee on Health, Assembly Bill Number 5062
11 and substitute it for the identical Senate Bill
12 4962, Third Reading Calendar 665.
13 ACTING PRESIDENT MAYER: The
14 substitution is so ordered.
15 THE SECRETARY: Senator Hinchey
16 moves to discharge, from the Committee on Health,
17 Assembly Bill Number 6392 and substitute it for
18 the identical Senate Bill 5973, Third Reading
19 Calendar 668.
20 ACTING PRESIDENT MAYER: The
21 substitution is so ordered.
22 THE SECRETARY: Senator Sanders
23 moves to discharge, from the Committee on
24 Finance, Assembly Bill Number 4613 and substitute
25 it for the identical Senate Bill 1056, Third
3313
1 Reading Calendar 716.
2 ACTING PRESIDENT MAYER: The
3 substitution is so ordered.
4 THE SECRETARY: Senator Addabbo
5 moves to discharge, from the Committee on Racing,
6 Gaming and Wagering, Assembly Bill Number 5765B
7 and substitute it for the identical Senate Bill
8 4549B, Third Reading Calendar 855.
9 ACTING PRESIDENT MAYER: The
10 substitution is so ordered.
11 THE SECRETARY: Senator Breslin
12 moves to discharge, from the Committee on
13 Elections, Assembly Bill Number 6478 and
14 substitute it for the identical Senate Bill 6215,
15 Third Reading Calendar 878.
16 ACTING PRESIDENT MAYER: The
17 substitution is so ordered.
18 Messages from the Governor.
19 Reports of standing committees.
20 Reports of select committees.
21 Communications and reports from
22 state officers.
23 Motions and resolutions.
24 Senator Gianaris.
25 SENATOR GIANARIS: Madam President,
3314
1 amendments are offered to the following Third
2 Reading Calendar bills:
3 By Senator Brisport, page 46,
4 Calendar 807, Senate Print 5759;
5 And by Senator Gaughran, page 50,
6 Calendar 851, Senate Print 5237A.
7 ACTING PRESIDENT MAYER: The
8 amendments are received, and the bills shall
9 retain their place on the Third Reading Calendar.
10 Senator Gianaris.
11 SENATOR GIANARIS: I also wish to
12 call up the following bills, which were recalled
13 from the Assembly and are now at the desk:
14 Senate 210A and Senate 5490A.
15 ACTING PRESIDENT MAYER: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 381, Senate Print 210A, by Senator Persaud, an
19 act to amend the Public Health Law.
20 Calendar Number 596, Senate Print
21 5490A, by Senator Hinchey, an act to amend the
22 Labor Law.
23 SENATOR GIANARIS: Move to
24 reconsider the vote by which these bills were
25 passed.
3315
1 ACTING PRESIDENT MAYER: The
2 Secretary will call the roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT MAYER: The bills
6 are restored to their place on the Third Reading
7 Calendar.
8 SENATOR GIANARIS: I offer the
9 following amendments on those bills.
10 ACTING PRESIDENT MAYER: The
11 amendments are received.
12 SENATOR GIANARIS: At this point,
13 let's take up previously adopted Resolution 727,
14 by Senator Hinchey, read the title, and recognize
15 Senator Hinchey.
16 ACTING PRESIDENT MAYER: The
17 Secretary will read.
18 THE SECRETARY: Senate Resolution
19 727, by Senator Hinchey, mourning the death of
20 Edwin M. Ford, longtime Town of Kingston
21 historian, distinguished citizen and devoted
22 member of his community.
23 ACTING PRESIDENT MAYER: Senator
24 Hinchey on the resolution.
25 SENATOR HINCHEY: Thank you,
3316
1 Madam President.
2 People don't realize this, but the
3 City of Kingston has a lot of very important
4 history. It was the home of the first capital of
5 New York State and also the home of where the
6 very first State Senate ever met, in 1777.
7 But one person who dedicated his
8 life to preserving that rich history was Edwin
9 Ford. He has been called the encyclopedia of
10 city history, a walking, talking embodiment of
11 all that we know and love about the City of
12 Kingston.
13 Edwin Ford left us on April 29th, at
14 the age of 103. He was born in 1918 on a farm in
15 Highland and moved with his family to Kingston in
16 1928. He became known as the spirit of historic
17 preservation in the City of Kingston, through
18 numerous actions which would solidify his role.
19 He helped form the Friends of
20 Historic Kingston in 1965, and he was appointed
21 the City Historian in 1984. And for 35 years,
22 Edwin Ford was the guardian of the City of
23 Kingston's past.
24 One of his most crowning
25 achievements was keeping City Hall, on Broadway
3317
1 in Midtown Kingston, from being demolished. His
2 advocacy contributed to the building's
3 National Landmark status and the role it plays
4 today in the seat of city government.
5 Well-liked and respected by all,
6 Edwin M. Ford truly loved his community and
7 strived to make it a better place for its
8 citizens to live, work and play.
9 Armed with a humanistic spirit and
10 imbued with a sense of compassion, Edwin Ford
11 leaves behind a legacy which will long endure the
12 passage of time and will remain as a comforting
13 memory to all he served and befriended.
14 I'd like to close with a quote from
15 Edwin Ford: "All I want is to save the history,
16 that's my main goal, and to tell our story as to
17 why we're here and how we came about." That was
18 said in 2019.
19 Today we remember Edwin Ford. Thank
20 you, Madam President.
21 ACTING PRESIDENT MAYER: The
22 resolution was previously adopted on May 11th.
23 Senator Gianaris.
24 SENATOR GIANARIS: Can we now move
25 on to previously adopted Resolution 566, by
3318
1 Senator Mannion, read that resolution's title,
2 and recognize Senator Mannion.
3 ACTING PRESIDENT MAYER: The
4 Secretary will read.
5 THE SECRETARY: Senate Resolution
6 566, by Senator Mannion, memorializing Governor
7 Andrew M. Cuomo to proclaim October 2021 as
8 Disability Employment Awareness Month in the
9 State of New York.
10 ACTING PRESIDENT MAYER: Senator
11 Mannion on the resolution.
12 SENATOR MANNION: Thank you,
13 Madam President.
14 As chair of the Disabilities
15 Committee I strongly support dedicating one month
16 each year to recognize the contribution of
17 disabled New Yorkers to our workforce and to
18 raise awareness of job opportunities and career
19 pathways catering to this community.
20 Unemployment among the disabled is
21 at 70 percent or higher. This is needlessly
22 high, particularly at a time when we know there
23 is a serious labor shortage across many sectors
24 right now.
25 JPMorgan, Walgreens, Microsoft,
3319
1 Ford, Ernst & Young and many other Fortune 500
2 companies often tout the incredible value of
3 their I/DD workers. There is a pool of talented
4 people out there ready and willing and able to
5 enter the workforce. Disabled New Yorkers may be
6 uniquely qualified for some of these jobs, and
7 our collective goal should be to create, support
8 and fund more programs to help meet the needs of
9 the workforce and our community.
10 Employing disabled New Yorkers is a
11 win/win proposition. Companies get the workers
12 that they need to succeed, and the workers get
13 dignity and satisfaction for an honest day's
14 work. And that, Madam President, is something
15 you cannot put a price tag on; it's simply
16 invaluable.
17 I'm proud to support this
18 resolution. Thank you, Madam President.
19 ACTING PRESIDENT MAYER: Thank you,
20 Senator Mannion.
21 The resolution was previously
22 adopted on March 31st.
23 Senator Gianaris.
24 SENATOR GIANARIS: The sponsors of
25 these two resolutions would like to open them for
3320
1 cosponsorship.
2 ACTING PRESIDENT MAYER: The
3 resolutions are open for cosponsorship. Should
4 you choose not to be a cosponsor of these
5 resolutions, please notify the desk.
6 Senator Gianaris.
7 SENATOR GIANARIS: Let's take up
8 the reading of the calendar.
9 ACTING PRESIDENT MAYER: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number 98,
12 Senate Print 328A, by Senator Persaud, an act to
13 amend the Penal Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
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: Ayes, 62.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
3321
1 THE SECRETARY: Calendar Number
2 363, Assembly Print 6077A, substituted earlier by
3 Assemblymember Rajkumar, an act to amend the
4 Workers' Compensation Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of January.
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: In relation to
15 Calendar 363, those Senators voting in the
16 negative are Senators Akshar, Borrello, Boyle,
17 Gallivan, Griffo, Helming, Jordan, Lanza,
18 Martucci, Mattera, Oberacker, O'Mara, Ortt,
19 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
20 Weik.
21 Ayes, 43. Nays, 20.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 366, Senate Print 3623, by Senator Ortt, an act
3322
1 to amend the Labor Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
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
15 468, Senate Print 1958, by Senator Krueger, an
16 act to amend the Executive Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 6. 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
3323
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 468, those Senators voting in the
4 negative are Senators Helming and Jordan.
5 Ayes, 61. Nays, 2.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 474, Senate Print 5063, by Senator Jackson, an
10 act to amend the Executive Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect on the 90th 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: In relation to
22 Calendar Number 474, those Senators voting in the
23 negative are Senators Akshar, Borrello, Lanza,
24 Oberacker, O'Mara, Ortt, Rath, Ritchie, Stec and
25 Weik.
3324
1 Ayes, 53. Nays, 10.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 475, Senate Print 5064, by Senator Ramos, an act
6 to amend the Executive Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 3. 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: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 475, those Senators voting in the
18 negative are Senators Akshar, Borrello, Griffo,
19 Lanza, Martucci, Mattera, Oberacker, O'Mara,
20 Ortt, Palumbo, Rath, Serino, Stec, Tedisco and
21 Weik.
22 Ayes, 48. Nays, 15.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3325
1 498, Senate Print 5065, by Senator Persaud, an
2 act to amend the Labor Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 30th day after it
7 shall have become a law.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 498, those Senators voting in the
15 negative are Senators Akshar, Borrello, Boyle,
16 Gallivan, Griffo, Helming, Lanza, Martucci,
17 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
18 Ritchie, Stec, Tedisco and Weik.
19 Ayes, 45. Nays, 18.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 576, Senate Print 5299, by Senator Rivera, an act
24 to amend the Insurance Law.
25 ACTING PRESIDENT MAYER: Read the
3326
1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the first of January.
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 Number 576, voting in the negative:
11 Senator Griffo.
12 Ayes, 62. Nays, 1.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 665, Assembly Print Number 5062, substituted
17 earlier by Assemblymember Kelles, an act to amend
18 the Public Health Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
3327
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 665, those Senators voting in the
5 negative are Senators Akshar and Weik.
6 Ayes, 61. Nays, 2.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 668, Assembly Print 6392, substituted earlier by
11 Assemblymember Peoples-Stokes, an act to amend
12 the Public Health Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 180th day after it
17 shall have become a law.
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: Ayes, 63.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
3328
1 THE SECRETARY: Calendar Number
2 713, Senate Print 6091, by Senator Gallivan, an
3 act to amend the Highway Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 716, Assembly Print 4613, substituted earlier by
18 Assemblymember Lupardo, an act to amend the
19 Agriculture and Markets 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.
3329
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
8 786, Senate Print 3606, by Senator Bailey, an act
9 to amend the Executive Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect on the 180th day after it
14 shall have become a law.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 786, those Senators voting in the
22 negative are Senators Akshar, Borrello, Boyle,
23 Gallivan, Griffo, Helming, Jordan, Lanza,
24 Martucci, Mattera, Oberacker, O'Mara, Ortt,
25 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
3330
1 Weik.
2 Ayes, 43. Nays, 20.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 Calendar Number 807 is high and will
6 be laid aside for the day.
7 THE SECRETARY: Calendar Number
8 833, Senate Print 5734, by Senator Ryan, an act
9 authorizing and directing the Commissioner of
10 Labor to conduct a multi-agency study.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Senator
19 Ryan to explain his vote.
20 SENATOR RYAN: Thank you,
21 Madam President.
22 The caregiving industry has been
23 deeply changed and threatened by the COVID-19
24 pandemic. Before the pandemic, when we thought
25 of caregivers, we often thought about childcare.
3331
1 But that's changed. Families throughout Western
2 New York, we know -- or all of New York State --
3 rely on professional caregivers for assistance
4 with other family members as well.
5 You know, there are scenarios where
6 you need caregivers for aging parents, adults
7 with special needs, injured veterans, to name a
8 few. These families need trained and qualified
9 workers to provide that care.
10 Due to staffing shortages, many
11 people are not getting the care that they need.
12 A survey by the Home Care Association of New York
13 State found that staff shortages left almost a
14 quarter of patients in New York State without
15 care, without home care services. They found
16 another 15 percent of patients who ultimately got
17 services had substantial delays where they also
18 had no care.
19 We know as our population is graying
20 we're going to need more of these workers. But
21 we also know that there's a rising demand at the
22 same time people are leaving the industry, they
23 don't want to perform these jobs. So the already
24 worsening situation has been exacerbated by
25 COVID-19. The demand has spiked, and the supply
3332
1 of available workers has gone down.
2 The problem is amplified in rural
3 areas, where it's tough to get a home healthcare
4 worker from where they are out into the rural
5 areas. So there's fewer transportation options
6 available, and that problem gets worse.
7 The actions that we've taken over
8 the last few years have provided temporary
9 relief, but that really hasn't fixed the problem.
10 So without a thoughtful plan, the workforce
11 shortage is only going to get worse. We can't
12 solve the problem until we fully understand the
13 problem.
14 This bill will authorize an in-depth
15 study, a multi-agency study, to analyze the
16 underlying issues leading to the staffing
17 shortages. It will provide the data that we need
18 to come up with a solution to ensure that every
19 family in every part of New York State has access
20 to the care that they need.
21 Thank you, Madam President. And I
22 cast my vote in the affirmative.
23 ACTING PRESIDENT MAYER: Senator
24 Ryan to be recorded in the affirmative.
25 Announce the results.
3333
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 837, Senate Print 700, by Senator Hoylman, an act
6 to repeal Section 470 of the Judiciary Law.
7 ACTING PRESIDENT MAYER: Read the
8 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: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 837, voting in the negative:
18 Senator Skoufis.
19 Ayes, 62. Nays, 1.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 845, Senate Print 25A, by Senator Kaplan, an act
24 in relation to requiring the Empire State
25 Development Corporation, in consultation with the
3334
1 State University of New York.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
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: In relation to
12 Calendar Number 845, voting in the negative:
13 Senator Akshar.
14 Ayes, 62. Nays, 1.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 847, Senate Print 5695, by Senator Martucci, an
19 act to amend the Alcoholic Beverage Control 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.
3335
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Senator
3 Martucci to explain his vote.
4 SENATOR MARTUCCI: Thank you,
5 Madam President.
6 I'm pleased to explain my vote on
7 this bill for three simple reasons today.
8 First, the Jeffersonville Bake Shop,
9 in my district, needs this bill to help diversify
10 their business. They're one of so many small
11 Main Street businesses that are suffering because
12 of COVID, and this goes a long way to help them
13 obtain their liquor license.
14 Second, this kind of bill is a bill
15 that we need to be passing in this chamber all
16 the time -- again, which is one that helps small
17 businesses. Frankly, I wish these kind of things
18 could be done administratively through the SLA if
19 all parties were in agreement. And while I
20 appreciate the need for local bills and I
21 certainly appreciate this being on the floor
22 today, someday I think I'd like to see that
23 process streamlined.
24 And finally, I'm proud to be on the
25 floor speaking today because this is the first
3336
1 bill of mine that's getting a vote in the Senate,
2 and I wanted to just take a moment to thank my
3 colleagues on both sides of the aisle for their
4 support of this legislation and for their
5 partnership on this and so many issues since I've
6 taken office.
7 I vote aye.
8 ACTING PRESIDENT MAYER: Senator
9 Martucci to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 Senator Lanza.
15 SENATOR LANZA: Madam President,
16 please join me in congratulating Senator Martucci
17 on the passage of his first bill in the Senate.
18 (Applause.)
19 THE SECRETARY: Calendar Number
20 855, Assembly Print 5765B, substituted earlier by
21 Assemblymember Pretlow, an act to amend the
22 Racing, Pari-Mutuel Wagering and Breeding Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3337
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 873, Senate Print 1133, by Senator Liu, an act to
12 amend the Election Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
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 Number 873, voting in the negative:
24 Senator Lanza.
25 Ayes, 62. Nays, 1.
3338
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 878, Assembly Print 6478, substituted earlier by
5 Assemblymember Barrett, an act to amend the
6 Election Law.
7 ACTING PRESIDENT MAYER: Read the
8 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 Martucci to explain his vote.
16 SENATOR MARTUCCI: Thank you,
17 Madam President.
18 I rise in strong support of this
19 legislation because it recognizes that the early
20 voting law that passed in this house with a
21 one-size-fits-all approach as to how we determine
22 the location of early voting locations has some
23 challenges and needs some changes.
24 The bill recognizes the common sense
25 principle that there is no need to have an early
3339
1 voting site in a municipality that doesn't have a
2 primary or a special election as long as there's
3 an early voting site in the highest-population
4 municipality where said elections are taking
5 place.
6 Early this year we passed S1310, a
7 bill also by Senator Breslin, to amend a chapter
8 which allowed Washington County to locate its
9 early voting site not at the place with the
10 highest population, but rather at the county
11 seat. That location was more accessible for
12 voters in that county and it made it easier for
13 them to participate in the election.
14 So, you know, certainly that makes a
15 whole lot of sense to me. Fair enough. And it
16 was a very good bill because at the end of the
17 day it increased access to voting.
18 The problem, Madam President, is
19 that there are several bills that are being
20 sponsored by Minority members that do this exact
21 same thing that have not advanced in this house.
22 I carry a bill, S6016, that would allow Delaware
23 County to do just this. It's strongly supported
24 by both the Democrat and Republican election
25 commissioners in that county.
3340
1 Senator Helming has two bills, S4944
2 and S6349, again, both strongly supported by both
3 Democrat and Republican commissioners. Despite
4 the common-sense nature of this bill and strong
5 bipartisan support, as well as a local request --
6 again, a local bipartisan request -- the Majority
7 is not advancing these bills.
8 A primary is fast approaching, as we
9 all know, a little over a month away, so it's
10 important, these bills are time-sensitive. And I
11 ask that the Majority please reconsider. Again,
12 I understand that the Majority runs this chamber
13 and certainly has their priorities. However,
14 these local issues should not fall victim to any
15 sort of politics, especially when both parties
16 are on board.
17 So I ask that the Majority please
18 rethink its strategy and treat my constituents
19 and Senator Helming's constituents the same way
20 that we are treating Senator Breslin's
21 constituents today.
22 So once again, I urge the Majority
23 to pass these three bills immediately. And with
24 respect to the bill in front of the house, I vote
25 in the affirmative.
3341
1 ACTING PRESIDENT MAYER: Senator
2 Martucci to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar Number 878, voting in the negative:
6 Senator Borrello.
7 Ayes, 62. Nays, 1.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 886, Senate Print 3410, by Senator Brouk, an act
12 to amend the Social Services Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
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 886, those Senators voting in the
24 negative are Senators Akshar, Borrello, Boyle,
25 Gallivan, Griffo, Helming, Jordan, Lanza,
3342
1 Martucci, Mattera, Oberacker, O'Mara, Palumbo,
2 Rath, Serino, Stec, Tedisco and Weik.
3 Ayes, 45. Nays, 18.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 888, Senate Print 6293, by Senator Mannion, an
8 act to amend the Mental Hygiene Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 SENATOR LANZA: Lay it aside.
12 ACTING PRESIDENT MAYER: The bill
13 is laid aside.
14 THE SECRETARY: Calendar Number
15 912, Senate Print 5418C, by Senator Cooney, an
16 act in relation to establishing the New York
17 State Aid and Incentives for Municipalities
18 Redesign Task Force.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
3343
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 912, those Senators voting in the
5 negative are Senators Griffo, Helming, Lanza,
6 Oberacker, O'Mara, Ortt, Palumbo, Rath and Weik.
7 Ayes, 54. Nays, 9.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 919, Senate Print 5785, by Senator Comrie, an act
12 to amend the Real Property Actions and
13 Proceedings Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of January.
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 919, those Senators voting in the
25 negative are Senators Akshar, Borrello, Boyle,
3344
1 Gallivan, Griffo, Helming, Jordan, Martucci,
2 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
3 Serino, Stec, Tedisco and Weik.
4 Ayes, 45. Nays, 18.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 Senator Gianaris, that completes the
8 reading of today's calendar.
9 SENATOR GIANARIS: Let's read the
10 controversial calendar, please, Madam President.
11 ACTING PRESIDENT MAYER: The
12 Secretary will ring the bell.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 888, Senate Print 6293, by Senator Mannion, an
16 act to amend the Mental Hygiene Law.
17 ACTING PRESIDENT MAYER: Senator
18 Lanza, why do you rise?
19 SENATOR LANZA: Madam President, I
20 believe there's an amendment at the desk. I
21 waive the reading of that amendment and ask that
22 Senator Palumbo be recognized and heard.
23 ACTING PRESIDENT MAYER: Thank you,
24 Senator Lanza.
25 Upon review of the amendment, in
3345
1 accordance with Rule 6, Section 4B, I rule it
2 nongermane and out of order at this time.
3 SENATOR LANZA: Accordingly,
4 Madam President, I appeal the ruling of chair and
5 ask that Senator Palumbo be recognized.
6 ACTING PRESIDENT MAYER: The appeal
7 has been made and recognized, and Senator Palumbo
8 may be heard.
9 SENATOR PALUMBO: Thank you,
10 Madam President. I rise today to appeal the
11 ruling of the chair.
12 And the proposed amendment is
13 germane to the bill-in-chief because the bill at
14 hand amends the composition of the Developmental
15 Disabilities Advisory Council, and the amendment
16 statutorily lays out how all legislatively
17 enacted work groups, task forces, commissions,
18 councils, advisory groups and committees are to
19 be comprised.
20 The bill at hand, while lessening
21 the number of appointees by the Governor,
22 provides both the Temporary President of the
23 Senate and the Speaker of the Assembly with eight
24 appointees each. There are zero appointees for
25 the Minority Leader in the Senate, and there are
3346
1 zero appointees for the Minority Leader in the
2 Assembly.
3 The Developmental Disabilities
4 Advisory Council is tasked with providing
5 recommendations to the Office for People with
6 Developmental Disabilities on statewide goals and
7 priorities, operations and the budget.
8 The sponsor notes in his memo that
9 "This legislation will increase the diversity of
10 the membership of the council and allow for new
11 innovative thinking. As advisors to the
12 Commissioner, who is tasked with ensuring the
13 care of hundreds of thousands of vulnerable
14 individuals, it is critical that appointees come
15 from a wide variety of backgrounds, including
16 different genders, races, sexual orientations,
17 ages, ethnic, and socioeconomic backgrounds as
18 well as having different experience and interest
19 in disability rights."
20 One of my colleagues who is on the
21 Disabilities Committee actually asked the sponsor
22 to consider amending this bill to add Minority
23 appointees. He said he would consider it. And
24 the way I see the bill now, that unfortunately it
25 was rejected and this bipartisan request was
3347
1 denied.
2 So in light of the fact that the
3 Senate Minority represents millions of
4 New Yorkers, and certainly we have all been very
5 vocal on this particular issue and those
6 vulnerable individuals with intellectual and
7 developmental disabilities, Madam President, I
8 respectfully appeal the ruling of the chair and
9 urge your reconsideration.
10 ACTING PRESIDENT MAYER: Thank you,
11 Senator Palumbo.
12 I want to remind the house that the
13 vote is on the procedures of the house and the
14 ruling of the chair.
15 Those in favor of overruling the
16 chair signify by saying aye.
17 SENATOR LANZA: Request a show of
18 hands.
19 SENATOR GIANARIS: We're going to
20 waive the showing of hands, Madam President, and
21 record each member of the Minority in the
22 affirmative.
23 ACTING PRESIDENT MAYER: Without
24 objection, so ordered.
25 Announce the results.
3348
1 THE SECRETARY: Ayes, 20.
2 ACTING PRESIDENT MAYER: The ruling
3 of the chair stands, and the bill-in-chief is
4 before the house.
5 Are there any other Senators wishing
6 to be heard?
7 Seeing and hearing none, debate is
8 closed.
9 SENATOR PALUMBO: Madam President
10 if I may -- I apologize -- may I actually ask the
11 sponsor or Senator Gianaris a few questions on
12 this bill? I do apologize.
13 ACTING PRESIDENT MAYER: Senator
14 Palumbo, I believe -- Senator Gianaris.
15 SENATOR GIANARIS: One moment,
16 please, Madam President as we gather ourselves
17 here.
18 (Pause.)
19 ACTING PRESIDENT MAYER: Senator
20 Palumbo on the bill.
21 SENATOR PALUMBO: Thank you,
22 Madam President. I'll just go on the bill, if
23 that's okay.
24 So -- and I do appreciate your
25 indulgence. Ultimately what this bill does is
3349
1 reduces the appointments by the Governor, the
2 appointees by the Governor, to 17, leaving 16
3 amongst the two majorities in the two houses.
4 And of course the Governor also gets to appoint
5 the chair of this task force.
6 And when you consider what we've
7 seen as far as this embattled Governor and what
8 he's been dealing with and what he's done to
9 people with intellectual and developmental
10 disabilities, quite frankly I'm shocked that this
11 bill does not only exclude Minority members from
12 appointments, but it also has total control
13 vested, once again, in the Governor.
14 And why is that important? Well,
15 we've said it many times on this floor, and I'm
16 going to say it again. As we speak, these
17 residential facilities that are overseen by the
18 Office for People with Developmental
19 Disabilities, as I stand here today are required
20 to take COVID-positive patients back into their
21 facilities -- the identical directive to the
22 March 25th nursing home order that has created
23 all the controversy throughout the state -- and
24 nationally, for that matter.
25 That's still in effect. Yet the
3350
1 Governor has control of all the appointees -- he
2 can appoint his people -- as well as the chair,
3 according to this bill.
4 Quite frankly, I understand it.
5 This is control by the majority. To the victor
6 goes the spoils, right? We've heard it many
7 times on the floor that, well, if we could win a
8 few more elections in the Minority, then, you
9 know what, we can control these sort of things.
10 But when you think about what goes
11 on at the federal level, in the Senate
12 particularly, we have the filibuster rule that's
13 been subject to some controversy lately. But the
14 reason for that rule is good government. The
15 fact that you can hear voices that can moderate a
16 particular item of legislation. That you get
17 everyone's opinion.
18 In the sponsor's memo the sponsor
19 specifically says that this is about diversity.
20 And it's kind of ironic, from the party who
21 champions for the little guy, who champions for
22 the minorities -- except a political party.
23 Those people need to be excluded. Those people
24 are useless to this discussion.
25 And we know that's not true. So the
3351
1 fact that millions, plural, millions of
2 New Yorkers are being excluded from their
3 representative -- or their representatives are
4 being excluded from this discussion is
5 outrageous.
6 And the fact that this was discussed
7 directly with the sponsor, he said he'd consider
8 it, and then decided to reject it. We have
9 Senator Sanders' bill on the calendar today that
10 specifically includes appointments from the
11 Minority. Because that's good government. It's
12 just a task force, it's a committee proposing
13 recommendations. Why wouldn't we want to hear
14 all sides? Why wouldn't we want to hear from all
15 parties and all areas of the state?
16 Because we know that billions and
17 billions of federal dollars have been received by
18 New York, but there's a hiring freeze at OPWDD.
19 We have had years of underfunding those agencies
20 that deal with our most vulnerable. Years.
21 Upstate and Long Island have been
22 disproportionately affected by closures. And the
23 backlog for families -- and this is from people
24 today, we got this from people who are on the
25 front lines in these facilities -- there are
3352
1 11,000 folks with developmental disabilities
2 awaiting placement.
3 And yet the sponsor wants to
4 create -- reduce the Governor's appointments. I
5 get it, he's not even losing control. So I
6 understand it's probably a great press release
7 that we're really reeling in the Governor. But
8 he still appoints the chair and has a majority of
9 votes as we stand here today in this chamber. I
10 get it: Majority votes rule.
11 So now he still has total control of
12 this task force. And the current system is not
13 working for our vulnerable families.
14 So quite frankly, Madam President,
15 I'm going to vote in the negative, and I do urge
16 my colleagues to do the same. Because in the
17 interests of good government, let alone fairness
18 and all this other feel-good-type stuff, I'm just
19 saying directly, why wouldn't you want to hear
20 the voices of those that represent all
21 New Yorkers instead of just the limited group
22 that will be speaking, so to -- that will have a
23 voice based upon this particular legislation?
24 I vote in the negative, and I urge
25 my colleagues to do the same.
3353
1 Thank you, Madam President.
2 ACTING PRESIDENT MAYER: Are there
3 any other Senators wishing to be heard?
4 Seeing and hearing none, debate is
5 closed. The Secretary will ring the bell.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Senator
13 Gianaris to explain his vote.
14 SENATOR GIANARIS: Thank you,
15 Madam President.
16 I always find it rich when my
17 colleagues on the other side of the aisle lament
18 the fact that their voices are diminished because
19 they got whupped in the elections the last couple
20 of cycles. Because there is no conference in
21 recent history, perhaps ever, that has so abused
22 the appointment process as the Republican
23 Conference in this Senate.
24 In fact, they baked in their
25 advantage in a number of places, including JCOPE,
3354
1 where they still have three times as many
2 appointees as the Majority. And of course the
3 infamous Redistricting Commission, which requires
4 a higher vote threshold depending on which party
5 controls the Senate.
6 They have been more outrageous in
7 the way they have constructed these appointments
8 and these commissions than anyone has ever been
9 in this state. And so to hear them complain
10 about it now is rather humorous on a certain
11 level.
12 This bill actually takes the
13 commission that had all the appointments made by
14 the Governor and spreads some to the Legislature
15 so that the Legislature will have a greater voice
16 in how this commission is administered and
17 operated.
18 So I will be voting yes. It's a
19 very good bill. And I congratulate Senator
20 Mannion on it.
21 ACTING PRESIDENT MAYER: Senator
22 Gianaris to be recorded in the affirmative.
23 Senator Lanza to explain his vote.
24 SENATOR LANZA: Thank you,
25 Madam President.
3355
1 I served in the Majority when the
2 Republicans held the majority in this house, and
3 I can tell you, Madam President, and to all my
4 colleagues, every single task force, every single
5 study group, every single panel that was ever
6 enacted in this house when the Republicans
7 controlled it included members from both parties.
8 And that's a fact.
9 And when it comes to this bill
10 before the house today, of all the things that we
11 ought to politicize, when it comes to the
12 developmental disability population, that's the
13 last thing, the last thing of all that ought to
14 be politicized.
15 And that's what's happening here
16 with this bill, which says when it comes to that
17 population, we're only going to listen to the
18 voices of one party and not the other. And
19 that's why I'm voting in the negative.
20 ACTING PRESIDENT MAYER: Senator
21 Lanza to be recorded in the negative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar 888, those Senators voting in the
25 negative are Senators Akshar, Borrello, Boyle,
3356
1 Gallivan, Griffo, Helming, Jordan, Lanza,
2 Martucci, Mattera, Oberacker, O'Mara, Ortt,
3 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
4 Weik.
5 Ayes, 43. Nays, 20.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 Senator Gianaris, that completes the
9 reading of the controversial calendar.
10 SENATOR GIANARIS: Is there any
11 further business at the desk?
12 ACTING PRESIDENT MAYER: There is
13 no further business at the desk.
14 SENATOR GIANARIS: In that case, I
15 move to adjourn until Wednesday, May 19th, at
16 3:00 p.m., intervening days being legislative
17 days.
18 ACTING PRESIDENT MAYER: On motion,
19 the Senate stands adjourned until Wednesday,
20 May 19th, at 3:00 p.m., intervening days being
21 legislative days.
22 (Whereupon, at 12:12 p.m., the
23 Senate adjourned.)
24
25