Regular Session - January 31, 2022
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 January 31, 2022
11 3:06 p.m.
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14 REGULAR SESSION
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18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT PERSAUD: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT PERSAUD: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT PERSAUD: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 January 30, 2022, the Senate met pursuant to
17 adjournment. The Journal of Saturday,
18 January 29, was read and approved. On motion,
19 Senate adjourned.
20 ACTING PRESIDENT PERSAUD: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Gaughran
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1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 8779 and substitute it for
3 the identical Senate Bill 7778, Third Reading
4 Calendar 149.
5 ACTING PRESIDENT PERSAUD: 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: Madam President,
15 amendments are offered to the following
16 Third Reading Calendar bills, both by
17 Senator Rivera: Page 11, Calendar Number 113,
18 Senate Print 1578A; and page 23, Calendar Number
19 275, Senate Print 5024C.
20 ACTING PRESIDENT PERSAUD: The
21 amendments are received, and the bills will
22 retain their place on the Third Reading Calendar.
23 SENATOR GIANARIS: Let's take up
24 the reading of the calendar now, please.
25 ACTING PRESIDENT PERSAUD: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number 31,
3 Senate Print 7703, by Senator Bailey, an act to
4 amend the Correction Law and the Mental Hygiene
5 Law.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect immediately.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 31, those Senators voting in the
17 negative are Senators Borrello, Gallivan, Griffo,
18 Helming, Jordan, Lanza, Martucci, Mattera,
19 Oberacker, O'Mara, Ortt, Rath, Ritchie, Serino,
20 Stec and Tedisco.
21 Ayes, 47. Nays, 16.
22 ACTING PRESIDENT PERSAUD: The bill
23 is passed.
24 THE SECRETARY: Calendar Number 62,
25 Senate Print 7734, by Senator Skoufis, an act to
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1 amend the Public Officers Law and the
2 Civil Rights Law.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the same date and in the
7 same manner as a chapter of the Laws of 2021.
8 ACTING PRESIDENT PERSAUD: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT PERSAUD: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 62, those Senators voting in the
15 negative are Senators Akshar, Borrello, Griffo,
16 Helming, Lanza, Oberacker, O'Mara, Rath, Tedisco
17 and Weik.
18 Ayes, 53. Nays, 10.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 149, Assembly Print Number 8779, by
23 Assemblymember Thiele, an act to amend the
24 Public Authorities Law.
25 ACTING PRESIDENT PERSAUD: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the same date and in the
4 same manner as a chapter of the Laws of 2021.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar Number 149, those Senators voting in the
12 negative are Senators Griffo, Helming, Jordan and
13 Oberacker.
14 Ayes, 59. Nays, 4.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 164, Senate Print 7798, by Senator Hinchey, an
19 act to amend the Public Health Law.
20 ACTING PRESIDENT PERSAUD: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 167, Senate Print 7801, by Senator Jackson, an
9 act to amend the Real Property Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the same date and in the
14 same manner as a chapter of the Laws of 2021.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 167, 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
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1 Weik.
2 Ayes, 43. Nays, 20.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 169, Senate Print 7803, by Senator Skoufis, an
7 act to amend the Public Officers Law.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the same date and in the
12 same manner as a chapter of the Laws of 2021.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 174, Senate Print 7808, by Senator Hoylman, an
23 act to amend the Civil Rights Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
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1 THE SECRETARY: Section 5. This
2 act shall take effect on the same date and in the
3 same manner as a chapter of the Laws of 2021.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 174, those Senators voting in the
11 negative are Senators Akshar, Borrello, Boyle,
12 Felder, Gallivan, Griffo, Helming, Jordan, Lanza,
13 Oberacker, O'Mara, Ortt, Rath, Ritchie, Serino,
14 Stec, Tedisco and Weik.
15 Ayes, 45. Nays, 18.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 178, Senate Print 7814, by Senator Hinchey, an
20 act to amend the Agriculture and Markets Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the same date and in the
25 same manner as a chapter of the Laws of 2021.
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1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Senator
5 Borrello to explain his vote.
6 SENATOR BORRELLO: Thank you very
7 much, Madam President.
8 First of all I'd like to thank the
9 sponsor, Senator Hinchey, for this bill. I think
10 the idea of having a database, a searchable
11 database for farms and farm products is a noble
12 effort.
13 Unfortunately, after recent events
14 there's going to be a lot less information in
15 that database because of a devastating blow that
16 was paid to our farmers by the unelected Wage
17 Board, the Farm Labor Wage Board.
18 These three unelected people had
19 determined that they're going to do something
20 that no other state around us has done, and that
21 is to lower the threshold on overtime from
22 60 hours eventually down to 40 hours.
23 Not only is this a problem for
24 farmers, it's actually a problem for farmworkers,
25 the people that they are supposedly trying to
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1 benefit. But after hours and hours of testimony,
2 we heard from farmers, farmworkers, people in
3 agriculture that this will be bad. That the
4 farmworkers, the guest workers that come into our
5 country legally from other countries will choose
6 other states instead of New York State. And
7 farmers, already under a lot of pressure from bad
8 policy in New York State and forces that they
9 don't control, like the price that they get for
10 their product, have told us that they will get
11 out of the business.
12 So unfortunately, this database
13 could be really, really small in not a very long
14 period of time.
15 So I call on all of my colleagues to
16 push back against this. Because this is still
17 something that was only a recommendation, a
18 recommendation to the Department of Labor and to
19 our Governor. Reject this recommendation.
20 Because the only person that voted against it was
21 the only person on that three-person Wage Board
22 that actually is in agriculture.
23 This is clearly rigged, and that's
24 going to be an issue that is going to create a
25 devastating impact on New York agriculture.
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1 So, Madam President, I'm in favor of
2 this bill, but in the greater picture I am very
3 troubled for the future of New York agriculture.
4 Thank you.
5 ACTING PRESIDENT PERSAUD: Senator
6 Borrello to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 180, Senate Print 7816, by Senator Kaminsky, an
13 act to amend the Public Service Law and the
14 Public Authorities Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 180, those Senators voting in the
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1 negative are Senators Akshar, Borrello, Griffo,
2 Helming, Jordan, Martucci, Oberacker, O'Mara,
3 Ortt, Rath and Stec.
4 Ayes, 52. Nays, 11.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 198, Senate Print 7840, by Senator Rivera, an act
9 to amend the Public Health Law and the
10 Education Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 282, Senate Print 7770, by Senator Gaughran, an
25 act to amend the Real Property Law.
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1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar Number 282, those Senators voting in the
12 negative are Senators Lanza and Ortt.
13 Ayes, 61. Nays, 2.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 284, Senate Print 7782, by Senator Kavanagh, an
18 act to amend a chapter of the Laws of 2021.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the same date and in the
23 same manner as a chapter of the Laws of 2021.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 285, Senate Print 7790, by Senator Brisport, an
9 act to amend the Criminal Procedure Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the same date and in the
14 same manner as a chapter of the Laws of 2021.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 285, voting in the negative:
22 Senator Lanza.
23 Ayes, 62. Nays, 1.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 286, Senate Print 7792, by Senator Parker, an act
3 to amend the Real Property Actions and
4 Proceedings Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the same date and in the
9 same manner as a chapter of the Laws of 2021.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar Number 286, those Senators voting in the
17 negative are Senators Akshar, Borrello, Boyle,
18 Gallivan, Griffo, Jordan, Lanza, Martucci,
19 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
20 Ritchie, Serino, Stec, Tedisco and Weik.
21 Ayes, 44. Nays, 19.
22 ACTING PRESIDENT PERSAUD: The bill
23 is passed.
24 Senator Gianaris, that completes the
25 reading of today's calendar.
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1 SENATOR GIANARIS: Is there any
2 further business at the desk?
3 ACTING PRESIDENT PERSAUD: There is
4 no further business at the desk.
5 SENATOR GIANARIS: I move to
6 adjourn until tomorrow, Tuesday, February 1st, at
7 3:00 p.m.
8 ACTING PRESIDENT PERSAUD: On
9 motion, the Senate stands adjourned until
10 Tuesday, February 1st, at 3:00 p.m.
11 (Whereupon, at 3:21 p.m., the Senate
12 adjourned.)
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