1672
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 28, 2022
11 3:14 p.m.
12
13
14 REGULAR SESSION
15
16
17
18
19 SENATOR JAMAAL T. BAILEY, 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 BAILEY: 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 BAILEY: 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 BAILEY: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 March 27, 2022, the Senate met pursuant to
17 adjournment. The Journal of Saturday, March 26,
18 2022 was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT BAILEY: 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 Kaplan
1674
1 moves to discharge, from the Committee on Energy
2 and Telecommunications, Assembly Bill Number
3 3217A and substitute it for the identical Senate
4 Bill 931, Third Reading Calendar 572.
5 ACTING PRESIDENT BAILEY: So
6 ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Gianaris.
14 SENATOR GIANARIS: Thank you,
15 Mr. President. Good afternoon.
16 Amendments are offered to the
17 following Third Reading Calendar bills:
18 By Senator Mayer, on page 21,
19 Calendar Number 509, Senate Print 8276;
20 And by Senator Parker, on page 36,
21 Calendar Number 712, Senate Print 3138.
22 ACTING PRESIDENT BAILEY: The
23 amendments are received, and the bills will
24 retain their place on the Third Reading Calendar.
25 Senator Gianaris.
1675
1 SENATOR GIANARIS: At this time
2 let's take up previously adopted Resolution 2003,
3 by Senator Sepúlveda, read its title, and
4 recognize Senator Sepúlveda.
5 ACTING PRESIDENT BAILEY: The
6 Secretary will read.
7 THE SECRETARY: Senate Resolution
8 2003, by Senator Sepúlveda, celebrating March 26,
9 2022, as Bangladesh Day.
10 ACTING PRESIDENT BAILEY: Luis
11 Bha'i -- I mean Senator Sepúlveda on the
12 resolution.
13 SENATOR SEPÚLVEDA: Thank you for
14 allowing me to present this resolution.
15 It brings me great pride and joy and
16 honor to see so many members of the
17 Bangladeshi-American community coming here, as we
18 have done for the last 10 years. I see people
19 here from Queens, I see them from the Bronx. We
20 know that the majority population of
21 Bangladeshi-Americans in this state reside in
22 Queens, primarily Jackson Heights and Astoria --
23 so our deputy leader is also here -- and also
24 from the Bronx, primarily Parkchester, the area
25 that I represent and I have for the last 10 years
1676
1 in different capacities. So I want to thank them
2 all for being here.
3 It's with great pleasure and joy
4 that today in the New York State Senate I have
5 the honor to sponsor Senate Resolution J2003,
6 which passed the Senate on March 8th,
7 commemorating the birth centenary of Bangabandhu
8 Sheikh Mujibur Rahman, the founding father of
9 Bangladesh, and the Golden Jubilee of the
10 Bangladesh independence.
11 (Applause from gallery.)
12 SENATOR SEPÚLVEDA: Especially --
13 as I said, in Queens, but especially in the
14 borough of the Bronx, I have had the opportunity
15 to learn about their culture, their tradition,
16 their culinary arts -- I love the food -- and see
17 how they are an honorable part of the community
18 that, with great sacrifices, contributes every
19 day to the aspects of our lives in this state and
20 this country.
21 In 2019, I had the honor of taking a
22 delegation of five New York State Senators to
23 Bangladesh, including Senator Comrie,
24 Senator Skoufis, Senator Parker and Senator Liu.
25 And it was just one of the most incredible
1677
1 experiences that we had ever had, to actually
2 visit that country, meet with the leadership,
3 with government leaders and civic leaders and
4 business leaders.
5 And the warmth, the appreciation,
6 and the kindness that they demonstrated during
7 that week is something that none of us, none of
8 the colleagues of mine that went to Bangladesh
9 will ever, ever forget.
10 The entire State of New York
11 recognizes the great contributions of the
12 Bangladeshi-American population, our brothers and
13 sisters. And today with us is a delegation of
14 important leaders from the community. I request
15 that Abdus Shahis and his distinguished guests
16 humbly and with great affection receive this
17 resolution.
18 May we celebrate together one more
19 year of the independence of the great nation of
20 Bangladesh, and may we celebrate one more year
21 together as our friends come here to the New York
22 State Senate and the New York State Assembly to
23 recognize this momentous occasion for the country
24 of Bangladesh and for the people from Bangladesh
25 that have blessed our nation with their
1678
1 contributions and their efforts.
2 Dhonnobad!
3 (Applause from the gallery.)
4 ACTING PRESIDENT BAILEY: Thank
5 you, Senator Sepúlveda.
6 Senator Gianaris on the resolution.
7 SENATOR GIANARIS: Thank you,
8 Mr. President.
9 I want to thank Senator Sepúlveda
10 for advancing this important resolution.
11 I'm also glad he pointed out how
12 Astoria in particular has so many great members
13 of the Bangladesh community.
14 It is an honor to have represented
15 them in -- as I'm sure Senator Ramos will add her
16 voice too -- some of the most diverse areas in
17 the world that we get to represent. It's not
18 surprising that a community as vibrant and
19 important as the Bangladeshi community is a part
20 of that. And it's great to see so many
21 representatives here today joining us in the
22 Senate.
23 I also want to point out that it's
24 great that they live in Astoria, because
25 Bangladesh independence is celebrated on
1679
1 March 26th; Greek Independence Day is March 25th.
2 And so we have many members of both communities
3 sharing space in that neighborhood and
4 celebrating their respective histories and
5 heritages. And that is ultimately what the story
6 of New York is all about.
7 And so welcome to our guests
8 today --
9 (Applause from gallery.)
10 SENATOR GIANARIS: -- thank you for
11 making the trip and joining us. Thank you.
12 ACTING PRESIDENT BAILEY: Thank
13 you, Senator Gianaris.
14 Senator Persaud on the resolution.
15 SENATOR PERSAUD: Thank you,
16 Mr. President.
17 To my Bengali friends, welcome.
18 Happy Independence.
19 (Applause from gallery.)
20 SENATOR PERSAUD: I serve a large
21 community of Bengalis in my city-line community,
22 and the Bengali population has been expanding
23 their growth in social services, in political
24 circles, in every circle possible.
25 So welcome again to our chamber.
1680
1 And as I say every year, please bring more women
2 so we can celebrate the great contributions of
3 women in the Bengali community.
4 Have a great day. Thank you.
5 (Applause from gallery.)
6 ACTING PRESIDENT BAILEY: Senator
7 Ramos on the resolution.
8 SENATOR RAMOS: Thank you,
9 Mr. President.
10 I love the note that Senator Persaud
11 ended on. We definitely need more Bangladeshi
12 women up in the galleries. I hope next time you
13 bring your wives and your daughters to make sure
14 that they can also share in celebrating the Grand
15 Jubilee.
16 I consider myself a Bangabandhu,
17 which means "friend of Bengal." You know, I
18 represent Jackson Heights, which includes one of
19 the largest Bangladeshi communities in all of
20 New York. In fact, 60 percent of the Bangladeshi
21 community lives in Queens.
22 And growing up in the most diverse
23 place in the world, I have to say that it's been
24 amazing to be able to share with many of my
25 Bangladeshi neighbors, particularly their food,
1681
1 which is delicious, but also their amazing
2 journalism and their entrepreneurial spirit,
3 which certainly decorates a lot of 72nd and
4 73rd Street in Jackson Heights. And I'm always
5 so proud to work with them.
6 But most of all, I feel very
7 thankful because even some of my son's best
8 friends are Bangladeshi. And, you know,
9 Benjamin, my oldest, in pre-K came home actually
10 with a few Bangla words, teaching me how to say
11 "water" in Bangla and all of these things that he
12 had learned from his friend Hasim.
13 So these are the things that make
14 Queens kids and New York kids who we are and how
15 it is that we make sure that compassion is how we
16 act here in New York State.
17 So with that, I want to say
18 dhonnobad, Mr. President.
19 (Applause from gallery.)
20 ACTING PRESIDENT BAILEY: Thank
21 you, Senator Ramos.
22 To our guests, I welcome you on
23 behalf of the Senate. We extend to you the
24 privileges and courtesies of this house.
25 Please rise and be recognized.
1682
1 Dhonnobad!
2 (Standing ovation.)
3 ACTING PRESIDENT BAILEY: The
4 resolution was previously adopted on March 8th.
5 Senator Gianaris.
6 SENATOR GIANARIS: Let's move on
7 now to previously adopted Resolution 2052, by
8 Senator Ortt, read its title and recognize
9 Senator Ortt.
10 ACTING PRESIDENT BAILEY: The
11 Secretary will read.
12 THE SECRETARY: Senate Resolution
13 2052, by Senator Ortt, memorializing
14 Governor Kathy Hochul to proclaim March as
15 Problem Gambling Awareness Month in the State of
16 New York.
17 ACTING PRESIDENT BAILEY: Senator
18 Ortt on the resolution.
19 SENATOR ORTT: Thank you,
20 Mr. President, for the opportunity to speak on
21 this important resolution.
22 You know, it's important, and we
23 often designate a specific month or a day to
24 celebrate special causes or certain achievements
25 or historical milestones. But it's equally
1683
1 important to designate time to recognize serious
2 issues or problems that affect the lives of all
3 New Yorkers.
4 New York recently adopted online
5 sports betting. And since it first began on
6 January 8th of this year, New Yorkers have laid
7 down more than 2.4 billion in bets. We joined
8 more than half the nation in legalizing online
9 sports wagering, and it's become an economic
10 engine for New York and an activity for
11 New Yorkers to take part in and enjoy.
12 With the opportunity to gamble,
13 however, it's important to consider that with
14 every pro there are always cons and negative
15 consequences. And this can bring -- we need to
16 spread awareness about services that are
17 available to New Yorkers who struggle with the
18 problem of gambling.
19 It's important to recognize the
20 lives and families across the state that have
21 been affected by problem gambling as well as take
22 necessary preventive measures to stop more people
23 from going down that road.
24 The New York Council on Problem
25 Gambling and the Western New York Problem
1684
1 Gambling Resource Center have joined together in
2 an effort to help individuals in our communities
3 who struggle, who are struggling with problem
4 gambling. These organizations help to facilitate
5 the crucial actions of education, training,
6 referral, assessment, treatment and recovery
7 support.
8 I recently had the opportunity to
9 meet with the leaders of the Western PGRC earlier
10 this month, and I was able to thank them for the
11 work that they do on behalf of our community.
12 I look forward to partnering with
13 them to bring awareness and assistance to those
14 who have been negatively affected by problem
15 gambling. And really, this is no different when
16 you think about all of the things this body
17 has done to assist those who struggle with
18 addiction. Very often we think about substance
19 abuse or we think about drug use. But addiction
20 takes many forms. And gambling is -- just as
21 people who have addiction problems or struggle,
22 gambling is just as much of a threat to them or
23 their families as those other substances I named.
24 And so while we I think rightfully
25 legalized sports betting, I think it's important
1685
1 to talk about and partner with groups who provide
2 services. Because a lot of times, you know,
3 nobody -- when they're at the casino or they're
4 wagering on FanDuel, they don't sit there and
5 talk about, Hey, where did you go when you had a
6 problem with gambling, right? These are not
7 conversations that happen in the public space.
8 And I think it's important that
9 folks know where to go or where to turn to, that
10 there are services out there to help you if
11 you're a problem gambler. And that's a very
12 distinct group of folks from folks who do it
13 maybe recreationally or casually that don't need
14 these services.
15 So I certainly rise to speak in
16 support of this resolution identifying March as
17 Problem Gambler Awareness Month here in the State
18 of New York.
19 Mr. President, thank you for
20 allowing me the time to speak.
21 ACTING PRESIDENT BAILEY: Thank
22 you, Senator Ortt.
23 Senator Addabbo on the resolution.
24 SENATOR ADDABBO: Thank you,
25 Mr. President. Good afternoon, everyone.
1686
1 I want to thank Senator Ortt for
2 introducing this resolution about March being
3 Problem Gambling Month.
4 You know, whenever we look to expand
5 gaming in New York State in an incredible safe
6 manner, the heightened awareness of problematic
7 gaming should always be at the forefront of what
8 we do. And as Senator Ortt mentioned, we did so
9 when we did mobile sports betting, which has
10 proven to be successful, probably the most
11 successful in the country.
12 You know, in that legislation there
13 were over 12 or so, 12 or so safeguards or
14 measures to deal with the issue of addiction and
15 problem gaming, in addition to $6 million of
16 extra new funding for addiction purposes.
17 But it's more so than that. And in
18 talking about mobile sports betting, I always
19 used to mention that if you really wanted to help
20 someone with an addiction, prior to us having
21 regulated mobile sports betting in New York, we
22 couldn't, because we didn't know who they were.
23 We knew they were going to Jersey.
24 Twenty-five percent of New Jersey's mobile sports
25 betting was New Yorkers going there. We knew
1687
1 they were already doing it illegally. So if you
2 really wanted to help someone with an addiction,
3 you couldn't. Now you can.
4 By regulating it in New York, you
5 can monitor someone's account, you can actually
6 help them to see if they have an addiction even
7 prior to an addiction -- which is really
8 critical -- we can give them the assistance that
9 they may need.
10 So why was it so important? Not
11 only for revenue and educational purposes to get
12 mobile sports betting up and running in New York,
13 but to help someone who might have an addiction
14 who's now on our radar who previously wasn't.
15 As we go forward in dealing with, in
16 this body, gaming addiction or gaming issues,
17 maybe expanding gaming even further, we have
18 always and must always have at the forefront the
19 idea of how do we protect those who might have an
20 addiction even before they may have an addiction.
21 So once again, thank you for the
22 resolution. Thank you, Mr. President. Thank
23 you.
24 ACTING PRESIDENT BAILEY: The
25 resolution was previously adopted on March 15th.
1688
1 Senator Gianaris.
2 SENATOR GIANARIS: Mr. President,
3 the cosponsors of the two resolutions we just
4 took up would like to open them for
5 cosponsorship.
6 ACTING PRESIDENT BAILEY: The
7 resolutions are open for cosponsorship. Should
8 you choose not to be a cosponsor, please notify
9 the desk.
10 Senator Gianaris.
11 SENATOR GIANARIS: Please take up
12 the calendar.
13 ACTING PRESIDENT BAILEY: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 275, Senate Print 5024D, by Senator Rivera, an
17 act to amend the Public Health Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 6. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Announce
1689
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 390, Senate Print 615A, by Senator Ramos, an act
7 to amend the Labor Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 180th day after it
12 shall have become a law.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Senator
17 Ramos to explain her vote.
18 SENATOR RAMOS: Thank you once
19 again, Mr. President.
20 You know, a worker's life is their
21 own. That's a core tenet of the labor movement.
22 And now that more of our lives are online, we
23 really should be updating labor law to reflect
24 how we can safeguard the privacy of all workers.
25 And so at a time when unemployment
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1 is high and the desperation for work drives too
2 many employers to seek to cut corners and figure
3 out how to have more control over their workers,
4 we really need to pass this bill. And my hope is
5 that the Assembly can do it as well so that we
6 can continue to protect New York's workforce from
7 any undue intervention on behalf of those
8 employers.
9 Thank you.
10 ACTING PRESIDENT BAILEY: Senator
11 Ramos to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 390, voting in the negative:
15 Senator Palumbo.
16 Ayes, 62. Nays, 1.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 456, Senate Print 5321, by Senator Kennedy, an
21 act to amend the Real Property Actions and
22 Proceedings Law.
23 SENATOR LANZA: Lay it aside.
24 ACTING PRESIDENT BAILEY: Lay it
25 aside.
1691
1 THE SECRETARY: Calendar Number
2 487, Senate Print 1843A, by Senator Skoufis, an
3 act to amend the Insurance Law and the Vehicle
4 and Traffic Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 521, Senate Print 2837, by Senator Parker, an act
19 to amend the Public Service Law.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
1692
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 521, those Senators voting in the
6 negative are Senators Borrello, Boyle, Griffo,
7 Martucci, Oberacker, O'Mara, Ortt and Rath.
8 Ayes, 55. Nays, 8.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 539, Senate Print 4469A, by Senator Mannion, an
13 act to amend the Mental Hygiene Law and the
14 Social Services Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect April 1, 2023.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT BAILEY: The bill
1693
1 is passed.
2 THE SECRETARY: Calendar Number
3 543, Senate Print 3227B, by Senator Persaud, an
4 act to amend the Agriculture and Markets Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 543, those Senators voting in the
16 negative are Senators Akshar and Ortt.
17 Ayes, 61. Nays, 2.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 572, Assembly Print Number 3217A, by
22 Assemblymember Sayegh, an act to amend the
23 Public Service Law and the Public Authorities
24 Law.
25 ACTING PRESIDENT BAILEY: Read the
1694
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Senator
8 Kaplan to explain her vote.
9 SENATOR KAPLAN: Thank you,
10 Mr. President.
11 In the aftermath of Tropical Storm
12 Isaias in August 2020, we on Long Island learned
13 a lot of hard lessons about just how unprepared
14 our utilities are for a major storm event.
15 With hundreds of thousands of people
16 without power and PSEG Long Island unable to
17 properly manage the response, I received numerous
18 calls from constituents who needed electricity to
19 power their life-sustaining medical equipment,
20 but who apparently were not considered an urgent
21 priority for help by PSEG Long Island.
22 Astonishingly, there is currently no
23 standard to recognize that many medical
24 conditions can be significantly triggered or
25 exacerbated by a continued loss of power, and
1695
1 that such conditions will have a significant
2 adverse impact on that individual's life and
3 health.
4 We cannot leave people in the dark
5 when their lives are on the line. And I'm proud
6 to be passing this bill today because it will
7 finally create a realistic list of situations
8 that demand priority restoration in an emergency
9 to stop a rapid decline in a person's health or
10 well-being.
11 I want to thank our leader, Andrea
12 Stewart-Cousins, for bringing this bill to the
13 floor today, and I proudly vote aye.
14 ACTING PRESIDENT BAILEY: Senator
15 Kaplan to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 577, Senate Print 7077, by Senator Hoylman, an
22 act to amend the Family Court Act and the
23 Domestic Relations Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
1696
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 90th day after it
3 shall have become a law.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 701, Senate Print 6694B, by Senator Harckham, an
14 act to amend the Education Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT BAILEY: The bill
1697
1 is passed.
2 Senator Gianaris, that completes the
3 reading of today's calendar.
4 SENATOR GIANARIS: Let's move on to
5 the controversial calendar, please.
6 ACTING PRESIDENT BAILEY: The
7 Secretary will ring the bell.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 456, Senate Print 5321, by Senator Kennedy, an
11 act to amend the Real Property Actions and
12 Proceedings Law.
13 ACTING PRESIDENT BAILEY: Senator
14 Lanza, why do you rise?
15 SENATOR LANZA: Mr. President, I
16 believe there's an amendment at the desk.
17 I waive the reading of that
18 amendment and ask that you recognize
19 Senator Jordan to be heard.
20 ACTING PRESIDENT BAILEY: Thank
21 you, Senator Lanza.
22 Upon review of the amendment, in
23 accordance with Rule 6, Section 4B, I rule it
24 nongermane and out of order at this time.
25 SENATOR LANZA: Accordingly,
1698
1 Mr. President, I appeal the ruling of the chair
2 and ask that you recognize Senator Jordan to be
3 heard.
4 ACTING PRESIDENT BAILEY: The
5 appeal has been made and recognized, and
6 Senator Jordan may be heard.
7 Senator Jordan.
8 SENATOR JORDAN: Mr. President, I
9 rise to appeal the ruling of the chair.
10 The proposed amendment is germane to
11 the bill at hand, because the bill relates to
12 increased penalties and the proposed amendment
13 would repeal the bail and discovery reforms that
14 have reduced or removed the ability of judges to
15 impose appropriate penalties on dangerous
16 criminals.
17 Every day New Yorkers are forced to
18 deal with the effects of the disastrous bail and
19 discovery reform as dangerous and violent
20 criminals continue to be released without bail,
21 free to commit more violent crimes. Crime
22 rates are skyrocketing, and New Yorkers are much
23 less safe than they were under the old bail laws.
24 We have seen the devastating effect
25 that these changes have had on our citizens.
1699
1 Judges' hands are tied by this ineffective and
2 pro-criminal system as they're forced to release
3 criminals without having the ability to exercise
4 their discretion to hold an individual based on
5 the danger that they pose to the community -- or,
6 in many cases, their history of failing to appear
7 in court.
8 Unless an offense falls within the
9 narrow class of crimes that qualify for bail,
10 judges have no option to set bail even if doing
11 so is necessary to protect the community or
12 assure the defendant's return to court.
13 Many offenders have a lengthy
14 history of failing to appear in court or have a
15 lengthy history of violence, including
16 retaliatory violence against witnesses or
17 victims. They must be immediately released at
18 arraignment simply because the offense that they
19 have committed is not sufficiently dangerous or
20 harmful enough to warrant setting bail.
21 And even when someone is charged
22 with an offense that qualifies for bail, judges
23 are only allowed to consider factors related to
24 the defendant's risk of flight. Judges cannot
25 consider the risk that the defendant poses to the
1700
1 community or those that they have victimized.
2 Offenders arrested for serious
3 crimes such as breaking into and stealing from a
4 business, felony driving while intoxicated, drug
5 dealing, or animal abuse are immediately released
6 at arraignment, free to continue committing
7 crimes.
8 Since the bail reforms became
9 effective in January 2020, crime rates have
10 skyrocketed across the state. From 2019 to 2020,
11 the murder rate increased by almost 50 percent,
12 and gun crime outside of New York City increased
13 nearly 30 percent.
14 And we know that some of this crime
15 has been committed by offenders who were released
16 under the current bail laws: 3,460 offenders
17 arrested and released committed violent
18 felonies -- violent felonies -- while out pending
19 trial. Three thousand four hundred and sixty
20 violent crimes could have been prevented if
21 judges had full discretion to set bail in
22 appropriate cases.
23 We must restore common sense to our
24 criminal justice system and give judges the
25 discretion they need to set bail on dangerous
1701
1 offenders to keep New Yorkers safe.
2 And for these reasons,
3 Mr. President, I strongly urge you to reconsider
4 your ruling.
5 ACTING PRESIDENT BAILEY: Thank
6 you, Senator Jordan.
7 I want to remind the house that the
8 vote is on the procedures of the house and the
9 ruling of the chair.
10 Those in favor of overruling the
11 chair, signify by saying aye.
12 SENATOR LANZA: Request a show of
13 hands.
14 SENATOR GIANARIS: Mr. President,
15 we've agreed to waive the showing of hands and
16 record each member of the Minority in the
17 affirmative.
18 ACTING PRESIDENT BAILEY: Without
19 objection, so ordered.
20 Announce the results.
21 THE SECRETARY: Ayes, 20.
22 ACTING PRESIDENT BAILEY: The
23 ruling of the chair stands, and the bill-in-chief
24 is before the house.
25 Are there any other Senators wishing
1702
1 to be heard?
2 Seeing and hearing none, debate is
3 closed. The Secretary will ring the bell.
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Senator
11 Borrello to explain his vote.
12 SENATOR BORRELLO: Thank you,
13 Mr. President.
14 As the ranking member of the Senate
15 Banks Committee, one of my major concerns is the
16 fact that pretty much any bill that we pass in
17 this Legislature only impacts our state-chartered
18 banks. Our state-chartered banks are becoming,
19 unfortunately, a rarity. Most banks, especially
20 the big banks, are federally chartered.
21 And a bill like this, while it's
22 trying to address a problem like zombie
23 properties, only applies to our state-chartered
24 banks, which are typically our community banks,
25 the local banks that can make decisions, that can
1703
1 lend money to people that might be on the border.
2 These are the only ones that are
3 impacted by bills like this. In fact, 68 percent
4 of mortgages in New York are actually done by
5 non-bank companies. They will not be impacted by
6 this.
7 But it is bills like this that have
8 forced more of our state-chartered banks to
9 merge, to close, or to become federally chartered
10 banks. So what we have done here is we're going
11 to put one more nail in the coffin of our
12 community banks.
13 Now, I understand that zombie
14 properties are really a plague, especially in
15 rural parts of Western New York, where I'm from.
16 But if we really want to do something about that,
17 we should come up with effective ways to allow
18 these banks to resolve these properties as soon
19 as possible.
20 But we've done the exact opposite
21 here. We've made it more and more difficult for
22 banks to resolve those foreclosures. And now
23 we're going to say, Not only are we going to make
24 it almost impossible for you to foreclose in a
25 reasonable amount of time, we're going to make
1704
1 you pay for the maintenance of that property.
2 They will eventually become extinct,
3 and the only place you're going to be able to get
4 a loan is from a high-interest bank out of state.
5 That's not the New York that we need or want.
6 So, Mr. President, I'm voting no.
7 Thank you.
8 ACTING PRESIDENT BAILEY: Senator
9 Borrello to be recorded in the negative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 456, those Senators voting in the
13 negative are Senators Akshar, Borrello, Gallivan,
14 Griffo, Helming, Jordan, Lanza, Martucci,
15 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
16 Serino, Stec and Tedisco.
17 Ayes, 46. Nays, 17.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 Senator Gianaris, that completes the
21 reading of the controversial calendar.
22 SENATOR GIANARIS: Is there any
23 further business at the desk?
24 ACTING PRESIDENT BAILEY: There is
25 no further business at the desk.
1705
1 SENATOR GIANARIS: Move to adjourn
2 until tomorrow, Tuesday, March 29th, at 3:00 p.m.
3 ACTING PRESIDENT BAILEY: On
4 motion, the Senate stands adjourned until
5 Tuesday, March 29th, at 3:00 p.m.
6 (Whereupon, at 3:42 p.m., the Senate
7 adjourned.)
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