Regular Session - March 4, 2021

                                                                   1092

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    March 4, 2021

11                      3:08 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1093

 1                P R O C E E D I N G S

 2                ACTING PRESIDENT BENJAMIN:   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 BENJAMIN:   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 BENJAMIN:   Reading 

14   of the Journal.  

15                THE SECRETARY:   In Senate, 

16   Wednesday, March 3, 2021, the Senate met pursuant 

17   to adjournment.  The Journal of Tuesday, March 2, 

18   2021, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   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 Mayer moves 


                                                               1094

 1   to discharge, from the Committee on Local 

 2   Government, Assembly Bill Number 5471 and 

 3   substitute it for the identical Senate Bill 4945, 

 4   Third Reading Calendar 450.

 5                ACTING PRESIDENT BENJAMIN:    

 6   Substitution so 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:   Mr. President, 

15   can we move right on to taking up the calendar, 

16   please.

17                ACTING PRESIDENT BENJAMIN:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 95, 

20   Senate Print 1519, by Senator Bailey, an act to 

21   amend the Education Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 13.  This 

25   act shall take effect two years after it shall 


                                                               1095

 1   have become a law.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 95, those Senators voting in the 

 9   negative are Senators Helming and Mannion.  

10                Ayes, 61.  Nays, 2.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   156, Senate Print 983, by Senator Gaughran, an 

15   act to amend the Village Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 63.


                                                               1096

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   160, Senate Print 1202, by Senator Harckham, an 

 5   act in relation to directing the State Board of 

 6   Real Property Tax Services to conduct a study on 

 7   real property tax saturation.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 160, voting in the negative:  

19   Senator Akshar.  

20                Ayes, 62.  Nays, 1.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   178, Senate Print 2135, by Senator Hinchey, an 

25   act to amend the Agriculture and Markets Law.


                                                               1097

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 63.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   179, Senate Print 2199, by Senator Kennedy, an 

15   act to amend the Agriculture and Markets Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 63.


                                                               1098

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   191, Senate Print 1560, by Senator May, an act to 

 5   amend the Elder Law, the Executive Law, and the 

 6   Administrative Code of the City of New York.

 7                SENATOR LANZA:   Lay it aside.

 8                ACTING PRESIDENT BENJAMIN:   Lay it 

 9   aside.

10                THE SECRETARY:   Calendar Number 

11   265, Senate Print 2585, by Senator Brisport, an 

12   act to amend the Social Services Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 90th day after it 

17   shall have become a law.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 63.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               1099

 1                THE SECRETARY:   Calendar Number 

 2   346, Senate Print 484A, by Senator Krueger, an 

 3   act to amend the Public Health Law and the 

 4   Civil Rights Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 63.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   378, Senate Print 4345, by Senator Brouk, an act 

19   to amend the Public Health Law.

20                SENATOR GIANARIS:   Lay it aside for 

21   the day, please.  

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill will be laid aside for the day.

24                THE SECRETARY:   Calendar Number 

25   418, Senate Print 3396, by Senator May, an act to 


                                                               1100

 1   amend the Agriculture and Markets Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 90th day after it 

 6   shall have become a law.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   May to explain her vote.

12                SENATOR MAY:   Thank you, 

13   Mr. President.

14                And before I say anything else, I 

15   want to welcome to the floor a former member of 

16   this august body, CeCe Tkaczyk, who is sitting 

17   here behind me.  

18                And she's here partly because she 

19   now owns CeCe's Wool Yarns and more, and this 

20   bill has to do with placing New York-grown fibers 

21   into the New York Grown & Certified program 

22   that's run by the Department of Agriculture and 

23   Markets.

24                So in January, the whole world 

25   noticed when Bernie Sanders wore Vermont-made 


                                                               1101

 1   mittens at the inaugural.  And my amazing, 

 2   brilliant, and somewhat competitive staffer 

 3   Kristin Williams, who's also here, immediately 

 4   said, "Why can't we do this in New York?  Why 

 5   can't we elevate New York-made fibers the same 

 6   way?"  

 7                And so we introduced this bill, 

 8   which will allow makers of wool and mohair and 

 9   alpaca and cashmere as well as plant-based fibers 

10   like hemp and flax, to be part of this program so 

11   the state can lift up these products and so that 

12   we can also engage our fabric designers and 

13   fashion designers in really creating a home-grown 

14   industry that uses the products, the sustainably 

15   grown products that we have here in New York 

16   State.

17                As you know, Mr. President, I am a 

18   knitter.  And I like to go to local yarn stores 

19   and farmers' markets and find locally produced 

20   yarns.  And I took up the challenge, and I have a 

21   response to Bernie Sanders {raising mittened 

22   hands}:  "I heart New York."

23                (Laughter.)

24                SENATOR MAY:  We need more New York 

25   grown and certified fiber products in New York.


                                                               1102

 1                I vote aye.  Thank you.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   May to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   Ayes, 63.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   450, Assembly Bill Number 5471, substituted 

10   earlier by Assemblymember Otis, an act to amend 

11   the Town Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 63.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   455, Senate Print 549A, by Senator Sanders, an 


                                                               1103

 1   act to amend the Agriculture and Markets Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 6.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   Ayes, 63.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   461, Senate Print 4072, by Senator Hinchey, an 

16   act to amend the Agriculture and Markets Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               1104

 1                THE SECRETARY:   Ayes, 63.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   462, Senate Print 4707, by Senator Parker, an act 

 6   to amend the Agriculture and Markets Law, the 

 7   Tax Law, and the Environmental Conservation Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 9.  This 

11   act shall take effect on the 90th day after it 

12   shall have become a law.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Borrello to explain his vote.

18                SENATOR BORRELLO:   I'm sorry, 

19   Mr. President, and the bill -- which bill are we 

20   on?  I'm sorry.

21                ACTING PRESIDENT BENJAMIN:   Bill 

22   Number 462.  Calendar 462, I apologize.

23                SENATOR BORRELLO:   Thank you.  My 

24   apologies.  Thank you, Mr. President.

25                First of all, I want to thank the 


                                                               1105

 1   sponsor for this bill today, and I'll certainly 

 2   be supporting it.  

 3                But I do want to express some 

 4   concerns.  You know, our farmers are the great 

 5   stewards of our land and they certainly play an 

 6   important role in reducing our greenhouse gas 

 7   emissions.  So while we're having this 

 8   conversation today about farmers and their 

 9   ability to sequester carbon, the Agriculture 

10   Advisory Panel within the CLCPA is also having 

11   this conversation and has been for several 

12   months.  

13                So my hope today is that we are not 

14   diminishing their work or duplicating the 

15   hundreds of hours that they have spent on this 

16   panel to come to an agreement and certainly to 

17   have a recommendation.  

18                So while we're on the topic of tax 

19   credits for farmers, I'd also like to advocate to 

20   the Majority, as you finalize the one-house 

21   budget, to not only accept the Executive's 

22   proposal to extend the farm workforce retention 

23   credit, but increase it, as Senator Hinchey's 

24   bill asks.  

25                So again, I'm proud to support this 


                                                               1106

 1   bill, and I will certainly be voting aye.  

 2                Thank you.  

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Borrello to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 63.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   463, Senate Print 4892, by Senator Hinchey, an 

11   act to amend the Agriculture and Markets Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   May to explain her vote.

21                SENATOR MAY:   Yes, thank you.

22                I want to congratulate Senator 

23   Hinchey on this bill, and the Governor on 

24   creating the Nourish NY program, which is a 

25   really important program for connecting our farms 


                                                               1107

 1   to the people in need of food in this state.

 2                As somebody who represents both a 

 3   city and an entire rural county, I often hear 

 4   people trying to divide our state and say it's 

 5   the rural versus the urban or upstate versus 

 6   downstate.  But Nourish NY is one of those great 

 7   programs that really reminds us that we are one 

 8   state, that we need each other, and when we work 

 9   together -- when the farmers and the food banks 

10   work together, when the urban communities in need 

11   reach out to the farmers -- we are all better off 

12   for it.  

13                And so I'm grateful for this bill, 

14   and I proudly vote aye.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   May to be recorded in the affirmative.

17                Senator Rath to explain his vote.

18                SENATOR RATH:   Thank you, 

19   Mr. President.  

20                First and foremost, I want to thank 

21   the sponsor for this bill, and all the other 

22   cosponsors.  

23                I rise to explain my vote and also 

24   to proclaim my support for our agricultural 

25   champions across New York State.  


                                                               1108

 1                In general, this pandemic has been 

 2   devastating, but undoubtedly all New Yorkers have 

 3   risen to the challenge and faced incredible, 

 4   incredible odds and defeated those odds time and 

 5   time again.  This bill recognizes the heroic role 

 6   that our agricultural sector and our farmers have 

 7   played during the pandemic.  

 8                When supply chains crumbled in the 

 9   midst of this pandemic, our farmers and our 

10   agricultural communities rose up and worked 

11   together to ensure that their crops would not go 

12   to waste.  The agricultural communities rallied 

13   and provided critical support to organizations 

14   who needed it the most.  Our soup kitchens, our 

15   pantries and our food banks saw an influx of 

16   these local agricultural products during a period 

17   in which their resources were very scarce.  

18                In fact, in my district, the 61st, 

19   specifically Genesee County, tremendously 

20   contributed to the Nourish NY program.

21                I've also volunteered personally for 

22   numerous soup kitchens and pantries across my 

23   district, as well as FeedMore WNY, which 

24   stretches across Western New York supporting 

25   people who have food insecurity.  And I know 


                                                               1109

 1   firsthand how important these food supply chains 

 2   are and food access is for residents and Western 

 3   New Yorkers.

 4                I proudly vote aye for this bill to 

 5   codify Nourish NY.  And again, I thank our 

 6   agricultural workers and farms across New York 

 7   State who have worked tirelessly to make this 

 8   program successful.

 9                Thank you.

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Rath to be recorded in the affirmative.

12                Senator Borrello to explain his 

13   vote.

14                SENATOR BORRELLO:   Thank you, 

15   Mr. President.

16                I'd like to start off first by 

17   thanking the chairman of the Agriculture 

18   Committee, and the person I am proud to co-prime 

19   sponsor with, and that is Senator Hinchey.  Thank 

20   you so much for bringing this forward.

21                You know, a lot has been said about 

22   the impact of this pandemic.  A lot has been said 

23   about the food insecurities that we faced.  And 

24   it's laid bare the insecurity that we have in our 

25   food supply chain here in New York.  The great 


                                                               1110

 1   State of New York, with so many vast resources, 

 2   was crippled during this pandemic.  We saw long, 

 3   endless lines of people at food banks that could 

 4   not get food.  Meanwhile, we watched as our 

 5   farmers let crops rot in their fields, dumped 

 6   milk.  

 7                The Nourish NY program helped to 

 8   stop that.  It helped over 4,000 farmers and the 

 9   families that they support get their product to 

10   the market and also get it to our food banks, 

11   most importantly.

12                It allowed people that were unable 

13   to know whether or not they would have food on 

14   the table for their family, to have that 

15   security.

16                And now, with this bill, Nourish NY 

17   will become a permanent recurring fixture for 

18   New York State.  That's critically important 

19   because now our farmers can count on that income, 

20   on being able to get rid of their surplus food 

21   and bring nutritious, locally grown food to the 

22   people that need it most and our food banks 

23   across New York State.

24                This is an incredible opportunity 

25   for us to bridge that gap, as was said 


                                                               1111

 1   previously, between our rural areas and our urban 

 2   areas, between upstate and downstate.  This bill 

 3   truly is a nonpartisan and certainly universal 

 4   way for us to say that here in New York State, we 

 5   care about our farmers, we care about our 

 6   families, and we care about security for 

 7   everyone.

 8                This is an amazing opportunity.  I'm 

 9   glad to be a part of it.  Again, I'd like to 

10   thank our cosponsors as well, Senator Jordan and 

11   Senator Krueger.  Also, over in the Assembly, our 

12   champion, Catalina Cruz, who has stepped up and 

13   brought this forward.  This is an amazing 

14   opportunity and I think a bright spot in 

15   otherwise dim and dark days here in Albany.

16                Thank you.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Borrello to be recorded in the affirmative.

19                Senator Hinchey to close.

20                SENATOR HINCHEY:   As was said, this 

21   pandemic has laid bare the extreme inequities 

22   across our society and shown us just how fragile 

23   our systems, especially our food systems, truly 

24   are.  

25                No matter where you live, you 


                                                               1112

 1   deserve access to healthy, fresh food.  That is a 

 2   right we should afford all people across our 

 3   state.  

 4                At the height of the pandemic, we 

 5   saw farmers dumping milk and produce dying on the 

 6   vine while New Yorkers lined up at food banks 

 7   searching for help to feed their families.  All 

 8   too often, these food drives would run out of 

 9   food before they got to everyone.  

10                We all know that New York is an ag 

11   state, and that this is absolutely unacceptable.  

12                The Nourish NY program has become a 

13   silver lining in a very dark time, giving farmers 

14   the relief they needed as their markets dried up, 

15   and providing locally grown, farm-fresh food to 

16   people wondering where their next meal would come 

17   from.  

18                It's a program that brings together 

19   all of New York State -- regardless of party, 

20   upstate and downstate.  It shows how much we need 

21   each other and how, when we work together, great 

22   things happen.  

23                I'm proud to sponsor the bill that 

24   makes Nourish NY a permanent program, and I'm 

25   proud to do so in a bipartisan fashion with my 


                                                               1113

 1   colleague Senator Borrello and joining together 

 2   both regions of New York with our Assembly 

 3   sponsor and downstate colleague 

 4   Assemblywoman Cruz.  

 5                And with that, I vote aye.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Hinchey to be recorded in the affirmative.  

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 63.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                Senator Gianaris, that completes the 

13   reading of today's calendar.

14                SENATOR GIANARIS:   Let's move to 

15   the controversial calendar, Mr. President.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Secretary will ring the bell.  

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   191, Senate Print 1560, by Senator May, an act to 

21   amend the Elder Law, the Executive Law, and the 

22   Administrative Code of the City of New York.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Lanza, why do you rise?  

25                SENATOR LANZA:   Mr. President, I 


                                                               1114

 1   believe there's an amendment at the desk.  I 

 2   waive the reading of that amendment and ask that 

 3   you recognize Senator Jordan to be heard.

 4                ACTING PRESIDENT BENJAMIN:   Thank 

 5   you, Senator Lanza.  

 6                Upon review of the amendment, in 

 7   accordance with Rule 6, Section 4B, I rule it 

 8   nongermane and out of order at this time.

 9                SENATOR LANZA:   Accordingly, 

10   Mr. President, I appeal the ruling of the chair 

11   and ask that you recognize Senator Jordan.

12                ACTING PRESIDENT BENJAMIN:   The 

13   appeal has been made and recognized, and 

14   Senator Jordan may be heard.

15                SENATOR JORDAN:   Mr. President, I 

16   rise to appeal the ruling of the chair.  

17                I respectfully argue that this 

18   amendment is germane to the bill-in-chief because 

19   the bill-in-chief deals with the definition of 

20   elder abuse and creates protections for one of 

21   the most vulnerable populations, the elderly, our 

22   seniors.  

23                And when the Governor, using his 

24   emergency powers, issued his March 25th nursing 

25   home deadly directive, he failed to protect that 


                                                               1115

 1   group.  

 2                This amendment aims to restore 

 3   oversight to the Legislature by removing these 

 4   extraordinary emergency powers that, among many 

 5   negative consequences, harmed our seniors and led 

 6   to the tragic loss of 15,000 lives.  

 7                Earlier this week was the one-year 

 8   anniversary of the Legislature granting these 

 9   emergency powers to the Governor.  At that time 

10   we were faced with many unknowns and needed the 

11   ability to quickly adapt to help move the state 

12   through the worst of this pandemic.

13                However, here we are, a whole year 

14   later, and we still have one man running the 

15   show -- one-man rule in this state -- and making 

16   all of the decisions, every single one.

17                And many of the mandates and orders 

18   he has passed down are causing great harm to our 

19   nonprofits, our municipalities, our 

20   schoolchildren, and our businesses in every 

21   industry across the state.  

22                My office is flooded with calls from 

23   constituents asking for help or relief, yet our 

24   hands are tied.  We know a majority of the 

25   members of this house want to repeal these powers 


                                                               1116

 1   from the Governor and get back to doing the work 

 2   that we were sent here to do.

 3                My colleagues in the Republican 

 4   conference have been trying to do this since last 

 5   May.  But in recent weeks, with mounting scandals 

 6   continuing to plague our embattled Governor, many 

 7   of our colleagues across the aisle have finally, 

 8   finally echoed that call.  

 9                We've seen press releases and 

10   reports in the media, yet every day not one 

11   member of the Majority has stood up to do the 

12   right thing -- not one.  And this is the 

13   21st time that we have advanced this amendment.  

14                The deal that was announced a few 

15   days ago by Democrats in both houses to 

16   supposedly remove the Governor's powers just 

17   doesn't cut it.  That bill allows the Governor to 

18   keep and extend his powers.  It's insulting to 

19   the intelligence of New Yorkers.  It's a sham 

20   rescission decision.

21                But you'll hear more about that in 

22   the next 24 hours and on this Senate floor 

23   tomorrow.  We need a straight repeal that will 

24   finally bring back oversight, accountability, and 

25   restore the Legislature as coequal branch of 


                                                               1117

 1   government.  

 2                I know there are many colleagues 

 3   across the aisle that agree and know we need a 

 4   straight repeal.  And I implore you to do the 

 5   right thing.  I implore all of my Senate 

 6   colleagues to do the right thing.  Just do it.  

 7   Do it now.

 8                Our constituents are counting on us 

 9   to get back to work.  I ask that we don't 

10   continue to use procedural maneuvering to stifle 

11   a vote on this important amendment, which I'm 

12   confident would pass overwhelmingly because it's 

13   the right thing to do for all New Yorkers.  

14                For these reasons, Mr. President, I 

15   strongly urge you to reconsider your ruling.  

16                Thank you.

17                ACTING PRESIDENT BENJAMIN:   Thank 

18   you, Senator Jordan.  

19                I want to remind the house that the 

20   vote is on the procedures of the house and the 

21   ruling of the chair.

22                Those in favor of overruling the 

23   chair signify by saying aye.

24                SENATOR LANZA:   Request a show of 

25   hands.


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 1                SENATOR GIANARIS:   Mr. President, 

 2   we've agreed to waive the showing of hands and 

 3   record each member of the Minority in the 

 4   affirmative.

 5                ACTING PRESIDENT BENJAMIN:   Without 

 6   objection, so ordered.

 7                Announce the results.

 8                THE SECRETARY:   Ayes, 20.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   ruling of the chair stands, and the bill-in-chief 

11   is before the house.

12                Are there any other Senators wishing 

13   to be heard?  

14                Seeing and hearing none, debate is 

15   closed.  The Secretary will ring the bell.

16                Read the last section.

17                THE SECRETARY:   Section 7.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 63.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1119

 1   bill is passed.

 2                Senator Gianaris, that completes the 

 3   reading of the controversial calendar.

 4                SENATOR GIANARIS:   Is there any 

 5   further business at the desk?

 6                ACTING PRESIDENT BENJAMIN:   There 

 7   is no further business at the desk.

 8                SENATOR GIANARIS:   Then I move to 

 9   adjourn until tomorrow, Friday, March 5th, at 

10   10:00 a.m.

11                ACTING PRESIDENT BENJAMIN:   On 

12   motion, the Senate stands adjourned until Friday, 

13   March 5th, at 10:00 a.m.

14                (Whereupon, the Senate adjourned at 

15   3:31 p.m.)

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