Regular Session - February 1, 2022
470
1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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8
9 ALBANY, NEW YORK
10 February 1, 2022
11 3:44 p.m.
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13
14 REGULAR SESSION
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16
17
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, Monday,
16 January 31, 2022, the Senate met pursuant to
17 adjournment. The Journal of Sunday, January 30,
18 2022, was read and approved. On motion, Senate
19 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 Sanders
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1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 8728 and substitute it for
3 the identical Senate Bill 7804, Third Reading
4 Calendar 170.
5 Senator Hinchey moves to discharge,
6 from the Committee on Rules, Assembly Bill Number
7 8758 and substitute it for the identical Senate
8 Bill 7818, Third Reading Calendar 182.
9 THE SECRETARY: Senator Mannion
10 moves to discharge, from the Committee on Rules,
11 Assembly Bill Number 8710 and substitute it for
12 the identical Senate Bill 7847, Third Reading
13 Calendar 203.
14 Senator May moves to discharge, from
15 the Committee on Rules, Assembly Bill Number 8829
16 and substitute it for the identical Senate Bill
17 7834, Third Reading Calendar 293.
18 Senator Brouk moves to discharge,
19 from the Committee on Rules, Assembly Bill Number
20 8773 and substitute it for the identical Senate
21 Bill 7883, Third Reading Calendar 297.
22 Senator Addabbo moves to discharge,
23 from the Committee on Rules, Assembly Bill Number
24 8751 and substitute it for the identical Senate
25 Bill 7884, Third Reading Calendar 298.
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1 Senator Harckham moves to discharge,
2 from the Committee on Health, Assembly Bill
3 Number 8826 and substitute it for the identical
4 Senate Bill 7888, Third Reading Calendar 302.
5 Senator Reichlin-Melnick moves to
6 discharge, from the Committee on Rules,
7 Assembly Bill Number 8746 and substitute it for
8 the identical Senate Bill 7889, Third Reading
9 Calendar 303.
10 ACTING PRESIDENT PERSAUD: The
11 substitutions are so ordered.
12 Messages from the Governor.
13 Reports of standing committees.
14 Reports of select committees.
15 Communications and reports from
16 state officers.
17 Motions and resolutions.
18 Senator Gianaris.
19 SENATOR GIANARIS: Thank you,
20 Madam President.
21 On behalf of Senator Biaggi, on
22 page 9 I offer the following amendments to
23 Calendar 84, Senate Print 402A, and ask that said
24 bill retain its place on the Third Reading
25 Calendar.
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1 ACTING PRESIDENT PERSAUD: The
2 amendments are received, and the bill will retain
3 its place on the Third Reading Calendar.
4 Senator Gianaris.
5 SENATOR GIANARIS: I now move to
6 adopt the Resolution Calendar, with the exception
7 of Resolutions 1776 and 1779.
8 ACTING PRESIDENT PERSAUD: All
9 those in favor of adopting the Resolution
10 Calendar, with the exception of Resolutions 1776
11 and 1779, please signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT PERSAUD: Opposed,
14 nay.
15 (No response.)
16 ACTING PRESIDENT PERSAUD: The
17 Resolution Calendar is adopted.
18 Senator Gianaris.
19 SENATOR GIANARIS: Can we now begin
20 with previously adopted Resolution 1526, by
21 Senator Kaplan, read that resolution's title
22 only, and recognize Senator Kaplan.
23 ACTING PRESIDENT PERSAUD: The
24 Secretary will read.
25 THE SECRETARY: Senate Resolution
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1 1526, by Senator Kaplan, commemorating the
2 observance of International Holocaust Remembrance
3 Day on January 27, 2022.
4 ACTING PRESIDENT PERSAUD: Senator
5 Kaplan on the resolution.
6 SENATOR KAPLAN: Thank you,
7 Madam President.
8 As our community and our nation
9 confronts an explosion of antisemitism and
10 antisemitic violence, it is more important than
11 ever that we remember the history of Holocaust
12 and vow to never forget the millions who were
13 murdered in the names of antisemitism and hatred.
14 Each year on the anniversary of the
15 liberation of the Auschwitz-Birkenau
16 concentration camp, we observe International
17 Holocaust Remembrance Day -- not only to pause
18 and remember the millions who were murdered by
19 the Nazis, but also to reflect on our histories
20 constructively, to ensure that it is not
21 forgotten and to ensure we have learned the
22 lessons of the past.
23 Unfortunately, studies show us we're
24 not learning the lessons of the past and we're
25 failing to educate our children on what happened
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1 during the Holocaust. The facts are shocking:
2 58 percent of millennials in New York State can't
3 name a single concentration camp; 19 percent
4 believe that Jews caused the Holocaust; and
5 28 percent think that Holocaust is a myth or a
6 story that has been exaggerated.
7 We're failing our duty to keep the
8 history of Holocaust alive, and we're failing the
9 next generation of New Yorkers. So as we pause
10 and remember those we've lost and as we
11 commemorate International Holocaust Remembrance
12 Day, let's redouble our commitment to ensuring
13 that the phrase "Never Forget" isn't just an
14 empty gesture. Let's do more together to ensure
15 that our young people are learning the history of
16 Holocaust in our schools so that we're not doomed
17 to repeat history's greatest tragedy.
18 Thank you, Madam President.
19 ACTING PRESIDENT PERSAUD: Senator
20 Mayer on the resolution.
21 SENATOR MAYER: Thank you,
22 Madam President.
23 And a special thank you to my
24 colleague Senator Anna Kaplan for ensuring that
25 we publicly observe International Holocaust
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1 Remembrance Day on January 27, 2022, and for her
2 words about ensuring that our next generation of
3 young people know the real, criminal murder that
4 occurred during the Holocaust and that it is not
5 minimized or trivialized.
6 And to that point, I must say that
7 I've been greatly disappointed that during our
8 intense debates in this nation during COVID over
9 vaccines and masks, that the use of the word
10 "Holocaust" has crept into the vocabulary. And
11 it's been very offensive to me personally, but to
12 the entire Jewish community.
13 In fact, Max Sevillia, the president
14 of government relations for the Anti-Defamation
15 League, said that the U.S. is exhibiting "a trend
16 of callous disregard for the facts," pointing to
17 when leaders compare the push for vaccines to the
18 Holocaust, which "creates a narrative that
19 unfortunately has serious consequences."
20 "It's accelerating a callous
21 disregard for the impacted communities, the
22 feelings of the Jewish people, but also ratchets
23 up tensions and has the consequence, the
24 potential consequence, of leading to demonization
25 and further antisemitism."
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1 And my colleague Senator Kaplan
2 described that we are facing growing
3 antisemitism, growing hatred across our country.
4 Today is a day when we speak about this, that we
5 should renew our efforts to recognize the
6 International Holocaust Remembrance Day for what
7 it is, and not to let the language of that
8 incredibly terrible time enter into a
9 disagreement about healthcare and behavior during
10 a serious pandemic.
11 I urge my colleagues, let us ensure
12 that that word is not part of this discussion and
13 that they criticize those who try to bring it in.
14 Today let us renew our commitment to
15 remembering and teaching about the Holocaust in
16 honor of this day.
17 Thank you, Madam President.
18 ACTING PRESIDENT PERSAUD: The
19 resolution was previously adopted on
20 January 11th.
21 Senator Gianaris.
22 SENATOR GIANARIS: Can we now move
23 to Resolution 1776, by Senator Kavanagh, read
24 that resolution's title, and recognize
25 Senator Liu on the resolution.
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1 ACTING PRESIDENT PERSAUD: The
2 Secretary will read.
3 THE SECRETARY: Senate Resolution
4 1776, by Senator Kavanagh, commemorating the
5 Asian-American community's celebration of the
6 Lunar New Year, the Year of the Tiger, on
7 February 1, 2022.
8 ACTING PRESIDENT PERSAUD: Senator
9 Liu on the resolution.
10 SENATOR LIU: Thank you,
11 Madam President.
12 Before I speak on this resolution,
13 which is very important and timely, I do want to
14 reflect on the closing out of the previous lunar
15 year, which ended yesterday, a year that ended
16 with a spike in COVID-19 with the rise of Omicron
17 and, unfortunately, a corresponding rise in
18 anti-Asian hate that we have seen not only in
19 New York, but across the country.
20 And so it is with some bittersweet
21 emotion that I talk about that, especially with
22 the memory of the vicious killing of Michelle Go
23 and the tragic passing away of Yao Pan Ma from
24 his injuries several months ago. These are two
25 of the most vivid cases of violence that still
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1 ring very, very loudly in the ears and the minds
2 of Asian-Americans throughout New York.
3 But on the other hand, we are
4 ringing in the New Year. Today is New Year's Day
5 of the Asian Lunar Calendar. It is the Year of
6 the Tiger. The tiger symbolizes strength,
7 resiliency -- both qualities of which we will
8 need in order to emerge from this crisis. We
9 hope the Year of the Tiger will bring us back as
10 close to normal as we possibly can get.
11 And I thank Senator Kavanagh for
12 introducing this resolution, which I support
13 wholeheartedly. I wish all of you great success
14 in the Year of the Tiger. If you are in a
15 position to get red envelopes from your
16 relatives, then congratulations. If you are in a
17 position to give red envelopes, make sure you
18 give lots and lots of red envelopes.
19 With that, Madam President, thank
20 you for the opportunity to speak about the
21 Asian Lunar New Year and the Year of the Tiger.
22 ACTING PRESIDENT MAYER: The
23 question is on the resolution.
24 All in favor signify by saying aye.
25 (Response of "Aye.")
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1 ACTING PRESIDENT MAYER: Opposed?
2 (No response.)
3 ACTING PRESIDENT MAYER: The
4 resolution is adopted.
5 Senator Gianaris.
6 SENATOR GIANARIS: Okay. And now
7 let's move to Resolution 1779, by
8 Leader Stewart-Cousins, read that resolution's
9 title, and recognize Senator Parker on that
10 resolution, please.
11 ACTING PRESIDENT MAYER: The
12 Secretary will read.
13 THE SECRETARY: Senate Resolution
14 1779, by Senator Stewart-Cousins, memorializing
15 Governor Kathy Hochul to proclaim February 2022
16 as Black History Month in the State of New York.
17 ACTING PRESIDENT MAYER: Senator
18 Parker on the resolution.
19 SENATOR PARKER: Thank you,
20 Madam President.
21 I rise to celebrate today,
22 February 1, 2022 as the beginning of
23 Black History Month. And we understand
24 Black History Month not simply as 28 days during
25 which we think about the achievements and the
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1 history of African-Americans, but really a
2 jumping-off point that really begins 365 days of
3 studying both -- not just African-American
4 history, but American history.
5 This holiday was created by Carter
6 G. Woodson in the 1920s, originally as Negro
7 History Week. And actually it was picked as the
8 second week of February, because it was the
9 birthday of Frederick Douglass and Lincoln. And
10 so that began this understanding of who
11 African-Americans are and the achievements that
12 they've given to this country.
13 It was critical in that moment
14 because it didn't exist prior to that. Right?
15 And so like now, in this moment, we are
16 surrounded by, you know, Black leaders and see
17 Black contributions to culture and all kinds of
18 human endeavor every moment. But if we go back
19 to the -- you know, really a hundred years ago,
20 that was not the case.
21 The common dominant narrative was
22 that African-Americans arrived on the shores of
23 America in 1619 tabula rasa -- right? Fancy
24 words for blank slates -- that they had not
25 contributed to the culture of the world or this
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1 country, that they did not have any history of
2 their own, that they had no rights and no
3 humanity that whites were bound to respect
4 legally or morally in this country.
5 And so the act that Carter G.
6 Woodson did in that time was revolutionary. To
7 say that in fact people of African descent in
8 this country did have a history, did have a
9 culture, did have achievement that they gave not
10 just here, but to the world.
11 And so the first thing to understand
12 when you start studying African-American history
13 is that the history of African people did not
14 begin in 1619 in Virginia, but you have to go
15 back to the continent of Africa. And when you
16 start looking, it is that the history of African
17 people is the history of humanity.
18 That when you look at the very first
19 people, when they go and they find, you know,
20 Ardipithecus ramidus, it is on the continent of
21 Africa. Why they named her Alice -- it probably
22 was not Alice. But that history begins there
23 with the Khoisan people, right, and then moves
24 up -- you know, actually moves down north --
25 because African people see the map in an opposite
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1 direction. They moved down north and said that
2 "We are the people who came from the valley
3 beneath the Mountains of the Moon," which is
4 Kilimanjaro.
5 They continued to move down north
6 and build the civilizations of Nubia. And then
7 that Nubian civilization builds a colony called
8 Kemet that we often hear is ancient Egypt.
9 (Cellphone ring tone.)
10 SENATOR PARKER: That means I've
11 talked already too long.
12 (Laughter.)
13 SENATOR PARKER: And I'm only in
14 Egypt.
15 This is how important -- you know,
16 so I can go on all day -- and you know I can --
17 talking about the ancient -- not the country now,
18 but the ancient civilization of Ghana, the
19 ancient civilization of Mali, the ancient
20 civilization of Timbuktu, all of which contribute
21 to world history even before America is even
22 born.
23 And so as African people are
24 illicitly stolen out of Africa and brought here,
25 they are systematically stripped from their
485
1 culture, stripped from their history, stripped
2 from their dignity, stripped from their humanity.
3 And what Carter G. Woodson did is
4 work hard to start -- have us start
5 re-remembering who we are as people. And that
6 was important for African people, but also it was
7 important for the whole society.
8 And so we remember in this moment,
9 you know, people like Denmark Vesey and Gabriel
10 Prosser and Nat Turner, who were already
11 abolitionists. Right? People like Sojourner
12 Truth and Harriet Tubman. Of course, you know,
13 Frederick Douglass.
14 But there's no aspect of human
15 endeavor that African people have not been
16 engaged in. And so you have people from Maya
17 Angelou to Amanda Gorman in literature. You have
18 scientists like George Washington Carver, to
19 Dr. Kizzmekia Corbett, right, in science. You
20 have great scholars who think about all of the
21 important aspects and provide intellectual
22 context, everybody from W.E.B. Du Bois to people
23 like Dr. Darrick Hamilton right here at the
24 New School.
25 You have, you know, in the fields of
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1 law -- and I know we have two great jurists
2 leading our respective conferences here. And
3 next to them, you know, the deputies --
4 (Laughter.)
5 SENATOR PARKER: No. But we have
6 great jurists in our history like
7 Thurgood Marshall, you know, and everybody from
8 him to Benjamin Crump.
9 In the area of sports, we can go on
10 and on from people like Jesse Owens to
11 Simone Biles. And we can go from Leontyne Price,
12 in music, to Beyoncé. And certainly let's not
13 forget in the area of fashion, in which I have
14 dressed up very dapperly at the request of the
15 leader, and we remember people like Andre Talley
16 and people like Dapper Dan.
17 And so this month let us take time
18 and understand that this history is not just the
19 history of African-Americans, but it is the
20 history of our state and of our country. Because
21 it is the fight for civil rights here in America
22 that inspired things like the fight for civil
23 rights in places like Ireland, when you see
24 Dr. King and Jesse Jackson being influential
25 figures in the fight for Irish independence.
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1 You will see people, for instance,
2 in the gay community that that -- the whole
3 movement begins at Stonewall, which people don't
4 know was a bar for Black gays and trans. Right?
5 You see the women's movement being influenced by
6 Harriet Tubman and Sojourner Truth and other
7 Black women who were at the time not just
8 fighting for racial justice, but also fighting
9 for justice for women.
10 And so -- and every place that we
11 turn we see the impact of African-American
12 history on America and the fight for equity and
13 equality in America.
14 And so I thank the leader for giving
15 me this opportunity to speak on her behalf today.
16 I look forward to the rest of the month as we
17 continue to raise the voice and remember the life
18 and the legacies of those who have given so much
19 to our great state and our country.
20 And I ask us all to remember that we
21 are the people who were here the day before
22 yesterday, and we're going to be people who are
23 going to be here the day after tomorrow.
24 Thank you, Madam President.
25 ACTING PRESIDENT MAYER: Thank you.
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1 The question is on the resolution.
2 All in favor signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT MAYER: Opposed?
5 (No response.)
6 ACTING PRESIDENT MAYER. The
7 resolution is adopted.
8 Senator Gianaris.
9 SENATOR GIANARIS: Can we now take
10 up the calendar, please.
11 Oh, before we do that,
12 Madam President, at the request of the sponsors,
13 the resolutions we took up today are open for
14 cosponsorship.
15 ACTING PRESIDENT MAYER: The
16 resolutions are open for cosponsorship. Should
17 you choose not to be a cosponsor of the
18 resolutions, please notify the desk.
19 Senator Gianaris.
20 SENATOR GIANARIS: And now let's
21 take up the reading of the calendar.
22 ACTING PRESIDENT MAYER: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 170, Assembly Print Number 8728, by
489
1 Assemblymember Cusick, an act to amend a chapter
2 of the Laws of 2021.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 182, Assembly Print Number 8758, by
17 Assemblymember Santabarbara, an act to amend the
18 Vehicle and Traffic Law.
19 ACTING PRESIDENT MAYER: 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 MAYER: Call the
25 roll.
490
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
8 189, Senate Print 7827, by Senator Kaminsky, an
9 act to amend the Environmental Conservation Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 3. 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 MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 203, Assembly Print Number 8710, by
25 Assemblymember Gunther, an act to amend a chapter
491
1 of the Laws of 2021.
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
15 244, Senate Print 3408, by Senator Brouk, an act
16 to establish a Black youth suicide prevention
17 task force.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 60th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
492
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 247, Senate Print 694, by Senator Kaplan, an act
8 to amend the Executive Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 259, Senate Print 3468A, by Senator Kennedy, an
23 act to amend the Executive Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
493
1 THE SECRETARY: Section 2. This
2 act shall take effect April 1, 2022.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Senator
7 Kennedy to explain his vote.
8 SENATOR KENNEDY: Thank you,
9 Madam President.
10 I rise to support this legislation
11 that will create the Office of Racial Equity and
12 Social Justice in New York State, with the goal
13 of improving opportunities and outcomes for all
14 people in our state.
15 The Office of Racial Equity and
16 Social Justice will serve as the official state
17 planning and coordinating office for changes in
18 policy, practice and allocation of state
19 resources so that race or social constructs don't
20 predict an individual's success.
21 Local jurisdictions such as
22 Kings County, Washington, and Montgomery County,
23 Maryland, have already established offices
24 focused on equity and social justice, but
25 New York, with the passage of this legislation,
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1 will be the first state in the nation to create
2 such an office.
3 With this legislation we're putting
4 the State of New York at the forefront of
5 addressing systemic racism, inequality and
6 disparities nationwide. This office will help us
7 as policymakers fight against institutionalized
8 racism and biases and help create a more
9 equitable state for everyone in New York
10 regardless of their race, gender, age, ethnicity,
11 religious background, sexual orientation or
12 socioeconomic status.
13 This office will help all
14 departments and agencies create a more inclusive
15 policy and procedure and will ensure all state
16 employees are educated about the values in equity
17 and social justice.
18 I'm proud to carry this legislation
19 alongside our historic Assembly Majority Leader,
20 my friend Crystal Peoples-Stokes. I want to give
21 special thanks to Hazel Dukes, the president of
22 the New York State chapter of the NAACP, for her
23 support of this legislation and tireless advocacy
24 for equity and social justice.
25 And finally, I want to thank another
495
1 historic figure in this chamber -- that's
2 Majority Leader Andrea Stewart-Cousins -- for
3 bringing this bill to the floor here today and
4 her commitment, as well as all my colleagues'
5 commitment to providing opportunities for all
6 people in our state regardless of where they come
7 from and what they look like.
8 Creating an Office of Racial Equity
9 and Social Justice demonstrates our commitment to
10 our values and reaffirms who we are as
11 New Yorkers, Madam President.
12 And with that, I vote aye and I urge
13 all of our colleagues to do the same.
14 Thank you.
15 ACTING PRESIDENT MAYER: Senator
16 Kennedy to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar 259, those Senators voting in the
20 negative are Senators Akshar, Borrello, Boyle,
21 Gallivan, Griffo, Helming, Jordan, Lanza,
22 Martucci, Mattera, Oberacker, O'Mara, Ortt,
23 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
24 Weik.
25 Ayes, 43. Nays, 20.
496
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 287, Senate Print 7795, by Senator Kavanagh, an
5 act to amend the General Obligations Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the same date and in the
10 same manner as a chapter of the Laws of 2021.
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: Ayes, 63.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 288, Senate Print 7821, by Senator Salazar, an
21 act to amend the Executive Law and a chapter of
22 the Laws of 2021.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 4. This
497
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: In relation to
8 Calendar Number 288, those Senators voting in the
9 negative are Senators Akshar, Borrello, Gallivan,
10 Griffo, Helming, Jordan, Lanza, Martucci,
11 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
12 Serino, Stec, Tedisco and Weik.
13 Ayes, 45. Nays, 18.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 289, Senate Print 7824, by Senator Biaggi, an act
18 to amend the Public Authorities Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 6. 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 MAYER: Call the
25 roll.
498
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
8 290, Senate Print 7828, by Senator Thomas, an act
9 to amend a chapter of the Laws of 2021.
10 ACTING PRESIDENT MAYER: 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 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 Number 290, those Senators voting in the
22 negative are Senators Akshar and O'Mara.
23 Ayes, 61. Nays, 2.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
499
1 THE SECRETARY: Calendar Number
2 293, Assembly Print Number 8829, by
3 Assemblymember Burdick, an act to amend the
4 Public Authorities Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 293, voting in the negative:
16 Senator Ortt.
17 Ayes, 62. Nays, 1.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 295, Senate Print 7844, by Senator
22 Reichlin-Melnick, an act to amend the Tax Law.
23 SENATOR LANZA: Lay it aside.
24 ACTING PRESIDENT MAYER: The bill
25 is laid aside.
500
1 THE SECRETARY: Calendar Number
2 297, Assembly Print Number 8773, by
3 Assemblymember Abinanti, an act to amend the
4 Public Health Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 3. 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 MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 63.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 298, Assembly Print Number 8751, by
20 Assemblymember Pheffer Amato, an act to amend the
21 Public Health Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the same date and in the
501
1 same manner as a chapter of the Laws of 2021.
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
11 299, Senate Print 7885, by Senator Rivera, an act
12 to amend the Public Health Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 3. 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 299, those Senators voting in the
24 negative are Senators Akshar, Borrello, Boyle,
25 Gallivan, Griffo, Helming, Jordan, Lanza,
502
1 Martucci, Mattera, Oberacker, O'Mara, Ortt,
2 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
3 Weik.
4 Ayes, 43. Nays, 20.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 302, Assembly Print Number 8826, by
9 Assemblymember Burdick, an act to amend the
10 Public Health Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. 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: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 302, voting in the negative:
22 Senator Helming.
23 Ayes, 62. Nays, 1.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
503
1 THE SECRETARY: Calendar Number
2 303, Assembly Print Number 8746, by
3 Assemblymember Galef, an act to amend the
4 General Business Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 4. 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 MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar Number 303, those Senators voting in the
17 negative are Senators Akshar, Borrello, Gallivan,
18 Griffo, Helming, Jordan, Martucci, Oberacker,
19 O'Mara, Ortt, Rath, Ritchie and Stec.
20 Ayes, 50. Nays, 13.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 326, Senate Print 571, by Senator Sanders, an act
25 to amend the Urban Development Corporation Act.
504
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 90th day after it
5 shall have become a law.
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
15 328, Senate Print 3263, by Senator Comrie, an act
16 to amend the Public Authorities Law and the
17 Economic Development Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 90th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
505
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 Senator Gianaris, that completes the
7 reading of today's calendar.
8 SENATOR GIANARIS: Let's take up
9 the controversial calendar now, Madam President.
10 ACTING PRESIDENT MAYER: The
11 Secretary will ring the bell.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 295, Senate Print 7844, by Senator
15 Reichlin-Melnick, an act to amend the Tax Law.
16 ACTING PRESIDENT MAYER: Senator
17 Lanza, why do you rise?
18 SENATOR LANZA: Madam President, I
19 believe there's an amendment at the desk. I
20 waive the reading of that amendment and ask that
21 Senator Oberacker be recognized and heard.
22 ACTING PRESIDENT MAYER: Thank you,
23 Senator Lanza.
24 Upon review of the amendment, in
25 accordance with Rule 6, Section 4B, I rule it
506
1 nongermane and out of order at this time.
2 SENATOR LANZA: Accordingly,
3 Madam President, I appeal the ruling of the chair
4 and ask that Senator Oberacker be recognized.
5 ACTING PRESIDENT MAYER: The appeal
6 has been made and recognized, and
7 Senator Oberacker may be heard.
8 SENATOR OBERACKER: Thank you,
9 Madam President.
10 I rise to appeal the ruling of the
11 chair. The proposed amendment is germane to the
12 bill at hand because the bill at hand relates to
13 the creation of a firearm violence research fund
14 which would fund grants to research gun violence
15 and to find solutions to this problem and improve
16 public safety.
17 Let me save you some time and some
18 money. Pass my amendment and repeal the
19 dangerous bail and discovery reform. That's how
20 we reduce violent crime and protect New Yorkers.
21 So let's look at the facts. In
22 2020, when the bail reform went into law, gun
23 violence outside of New York City rose nearly
24 30 percent and the murder rate statewide has
25 jumped to nearly 50 percent. Criminals have no
507
1 fear. Our law-abiding citizens are the ones that
2 are not safe to walk the streets.
3 Repeat offenders charged with
4 burglary, robbery and drug dealing are set free
5 without bail, and the judges have no choice. In
6 fact when violent criminals are arrested, judges
7 are prohibited from considering the dangers they
8 pose to our communities. So I ask you, where is
9 the justice?
10 Add in discovery reforms requiring
11 the disclosure of the identity and contact
12 information of victims and witnesses. Criminals
13 are free to call up a witness or a victim and
14 intimidate these innocent individuals who we
15 should be protecting. Many witnesses are now
16 unwilling to cooperate with law enforcement --
17 and really, who can blame them? Criminals have
18 all the power.
19 If we want to reduce gun violence
20 and make the people of New York safer, then we
21 must repeal these dangerous policies and stop
22 putting the interests of criminals above the
23 interests of victims and the public.
24 And it's for these reasons,
25 Madam President, I strongly urge you to
508
1 reconsider your ruling. Thank you.
2 ACTING PRESIDENT MAYER: Thank you,
3 Senator.
4 I want to remind the house that the
5 vote is on the procedures of the house and the
6 ruling of the chair.
7 Those in favor of overruling the
8 chair signify by saying aye.
9 SENATOR LANZA: Request a show of
10 hands.
11 SENATOR GIANARIS: Madam President,
12 we've agreed to waive the showing of hands and
13 record each member of the Minority in the
14 affirmative.
15 ACTING PRESIDENT MAYER: Without
16 objection, so ordered.
17 Announce the results.
18 THE SECRETARY: Ayes, 20.
19 ACTING PRESIDENT MAYER: The ruling
20 of the chair stands, and the bill in chief is
21 before the house.
22 Are there any other Senators wishing
23 to be heard?
24 Seeing and hearing none, the debate
25 is closed. The Secretary will ring the bell.
509
1 Read the last section.
2 THE SECRETARY: Section 3. 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 MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 295, those Senators voting in the
12 negative are Senators Borrello, Gallivan, Griffo,
13 Helming, Jordan, Lanza, Martucci, Oberacker,
14 O'Mara, Ortt, Palumbo, Rath, Ritchie, Serino,
15 Stec, Tedisco and Weik.
16 Ayes, 46. Nays, 17.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 Senator Gianaris, that completes the
20 reading of the controversial calendar.
21 SENATOR GIANARIS: Is there any
22 further business at the desk?
23 ACTING PRESIDENT MAYER: There is
24 no further business at the desk.
25 SENATOR GIANARIS: Can we please
510
1 notify the members immediately upon adjournment
2 of this session there will be a meeting of the
3 Internet and Technology Committee, virtually, on
4 everyone's computers.
5 ACTING PRESIDENT MAYER: There will
6 be an immediate meeting of the Technology
7 Committee after the adjournment of Senate.
8 SENATOR GIANARIS: I move to
9 adjourn until tomorrow, Wednesday, February 2nd,
10 at 3:00 p.m.
11 ACTING PRESIDENT MAYER: On motion,
12 the Senate stands adjourned until Wednesday,
13 February 2nd, at 3:00 p.m.
14 (Whereupon, at 4:19 p.m., the Senate
15 adjourned.)
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