Regular Session - February 14, 2022
803
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 14, 2022
11 3:35 p.m.
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13
14 REGULAR SESSION
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17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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804
1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 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 MAYER: 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 MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 February 13, 2022, the Senate met pursuant to
17 adjournment. The Journal of Saturday,
18 February 12, 2022, was read and approved. On
19 motion, the Senate adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
805
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Madam President,
7 amendments are offered to the following
8 Third Reading Calendar bills:
9 By Senator Skoufis, page 10,
10 Calendar Number 119, Senate Print 1829;
11 By Senator Kavanagh, page 16,
12 Calendar Number 262, Senate Print 5027A;
13 By Senator Rivera, page 17, Calendar
14 Number 272, Senate Print 1577;
15 By Senator Harckham, page 18,
16 Calendar Number 308, Senate Print 2976;
17 And by Senator Hinchey, page 26,
18 Calendar Number 401, Senate Print 3448.
19 ACTING PRESIDENT MAYER: The
20 amendments are received, and the bills will
21 retain their place on the Third Reading Calendar.
22 Senator Gianaris.
23 SENATOR GIANARIS: There will be an
24 immediate meeting of the Rules Committee in
25 Room 332.
806
1 ACTING PRESIDENT MAYER: There will
2 be an immediate meeting of the Rules Committee in
3 Room 332.
4 SENATOR GIANARIS: The Senate will
5 stand at ease.
6 ACTING PRESIDENT MAYER: The Senate
7 will stand at ease.
8 (Whereupon, the Senate stood at ease
9 at 3:37 p.m.)
10 (Whereupon, the Senate reconvened at
11 3:48 p.m.)
12 ACTING PRESIDENT MAYER: The Senate
13 will return to order.
14 Senator Gianaris.
15 SENATOR GIANARIS: Madam President,
16 there's a report of the Rules Committee at the
17 desk. Can we take that up, please.
18 ACTING PRESIDENT MAYER: The
19 Secretary will read.
20 THE SECRETARY: Senator
21 Stewart-Cousins, from the Committee on Rules,
22 reports the following bills:
23 Senate Print 8084A, by
24 Senator Hinchey, an act to amend the
25 Agriculture and Markets Law and the Cannabis Law;
807
1 Senate Print 8288, by
2 Senator Skoufis, an act to amend the
3 Executive Law; and
4 Senate Print 8308, by Senator Myrie,
5 an act to amend the Election Law.
6 All bills reported direct to third
7 reading.
8 ACTING PRESIDENT MAYER: Senator
9 Gianaris.
10 SENATOR GIANARIS: Thank you.
11 Move to accept the report of the
12 Rules Committee.
13 ACTING PRESIDENT MAYER: All those
14 in favor of accepting the report of the
15 Rules Committee signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT MAYER: Opposed,
18 nay.
19 (No response.)
20 ACTING PRESIDENT MAYER: The report
21 of the Rules Committee is accepted.
22 Senator Gianaris.
23 SENATOR GIANARIS: Let's take up
24 the calendar now, Madam President.
25 ACTING PRESIDENT MAYER: The
808
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 100, Senate Print 536, by Senator Kaplan, an act
4 to amend the Real Property Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 19. 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 100, voting in the negative:
16 Senator Lanza.
17 Ayes, 62. Nays, 1.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 112, Senate Print 1374A, by Senator Sanders, an
22 act to amend the Public Health Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
809
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 With respect to Calendar 272, the
11 bill is high and will be laid aside for the day.
12 THE SECRETARY: Calendar Number
13 291, Senate Print 1100A, by Senator Liu, an act
14 to amend the Education Law.
15 SENATOR LANZA: Lay it aside.
16 ACTING PRESIDENT MAYER: The bill
17 is laid aside.
18 THE SECRETARY: Calendar Number
19 323, Senate Print 1984, by Senator Jackson, an
20 act to amend the Education Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
810
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 324, Senate Print 2555A, by Senator Brisport, an
10 act to establish a task force on educator
11 diversity in New York State.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 324, those Senators voting in the
23 negative are Senators Helming, Lanza, O'Mara and
24 Ortt.
25 Ayes, 59. Nays, 4.
811
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 331, Senate Print 5261A, by Senator Kennedy, an
5 act to amend the Business Corporation Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect two years after it shall
10 have become a law.
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
20 348, Senate Print 6666, by Senator Breslin, an
21 act to amend the Insurance Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
812
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 398, Senate Print 485A, by Senator Krueger, an
11 act to amend the Education Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect January 1, 2023.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 403, Senate Print 6518, by Senator Stavisky, an
813
1 act to amend the Education Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 410, Senate Print 62, by Senator Persaud, an act
16 to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 6. This
20 act shall take effect one year after it shall
21 have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Senator
814
1 Weik to explain her vote.
2 SENATOR WEIK: Thank you,
3 Madam President. I rise to explain my vote.
4 I want to thank Senator Persaud for
5 bringing this legislation forward. It's
6 incredible that with all the instruction we get
7 when we learn to drive and get a driver's
8 license, that we're never instructed on what to
9 do when we're stopped by a law enforcement
10 officer.
11 This lack of uniform instruction has
12 undoubtedly left our law enforcement officers and
13 our motorists in challenging situations of never
14 being sure of what to do during a stop.
15 As the wife of a highway patrol
16 officer, I've heard how important a bill like
17 this is. Clear guidance to all motorists and law
18 enforcement will help ensure that all stops are
19 conducted safely and efficiently for everyone.
20 I rise to make note that I carry
21 legislation that mirrors Senator Persaud's bill.
22 My bill would require curriculum be updated at
23 least annually and that motorists be reinstructed
24 when they renew their driver's license.
25 I hope that we can expand this
815
1 important legislation to incorporate some of the
2 changes I have proposed to ensure the instruction
3 continually evolves as new best practices come
4 forward, and that all motorists are made aware of
5 such changes.
6 Thank you again to Senator Persaud
7 for championing this bill, and I proudly vote
8 yes.
9 ACTING PRESIDENT MAYER: Senator
10 Weik to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 419, Senate Print 1801, by Senator Savino, an act
17 to amend the State Technology Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
816
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 426, Senate Print 1488, by Senator Serrano, an
7 act to amend the Social Services Law and the
8 Executive Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 432, Senate Print 342, by Senator Persaud, an act
24 to amend the Education Law.
25 ACTING PRESIDENT MAYER: Read the
817
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 432, those Senators voting in the
11 negative are Senators Akshar, Lanza, Oberacker
12 and Ortt.
13 Ayes, 59. Nays, 4.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 435, Senate Print 5433, by Senator Parker, an act
18 to amend the Education Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
818
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 435, those Senators voting in the
5 negative are Senators Akshar and Oberacker.
6 Ayes, 61. Nays, 2.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 Senator Gianaris, that completes the
10 reading of today's calendar.
11 SENATOR GIANARIS: Please take up
12 the supplemental calendar.
13 ACTING PRESIDENT MAYER: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 464, Senate Print 8308, by Senator Myrie, an act
17 to amend the Education Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
819
1 the results.
2 THE SECRETARY: In relation to
3 Calendar Number 464, voting in the negative:
4 Senator Gallivan.
5 Ayes, 62. Nays, 1.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 Senator Gianaris, that completes the
9 reading of today's supplemental calendar.
10 SENATOR GIANARIS: Can we now go to
11 the controversial calendar.
12 ACTING PRESIDENT MAYER: The
13 Secretary will ring the bell.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 291, Senate Print 1100A, by Senator Liu, an act
17 to amend the Education Law.
18 ACTING PRESIDENT MAYER: Senator
19 Lanza, why do you rise?
20 SENATOR LANZA: Madam President, I
21 believe there's an amendment at the desk. I
22 waive the reading of that amendment and ask that
23 Senator Martucci be recognized and heard.
24 ACTING PRESIDENT MAYER: Thank you,
25 Senator Lanza.
820
1 Upon review of the amendment, in
2 accordance with Rule 6, Section 4B, I rule it
3 nongermane and out of order at this time.
4 SENATOR LANZA: Accordingly,
5 Madam President, I appeal the ruling of the chair
6 and ask that Senator Martucci be recognized.
7 ACTING PRESIDENT MAYER: The appeal
8 has been made and recognized, and
9 Senator Martucci may be heard.
10 SENATOR MARTUCCI: Thank you,
11 Madam President.
12 I rise because this amendment is
13 germane to the bill-in-chief because both have to
14 do with our school districts here in the State of
15 New York.
16 The amendment that I'm bringing to
17 the floor today would repeal the mask mandate for
18 schools and day cares imposed by the Hochul
19 administration and would leave the decision of
20 where to require masks where it belongs -- in the
21 hands of the school districts, the private
22 schools, day cares and, most importantly, the
23 parents.
24 The amendment would bring an end to
25 a policy that's not based in any actual science,
821
1 but wholly based in political science.
2 I rise today not only on behalf of
3 my colleagues, but also on behalf of the millions
4 of schoolkids and parents who are frustrated and
5 know that this mandate should have ended long
6 ago. It is beyond comprehension that
7 Governor Hochul would end a mask mandate for
8 businesses but keep a mask mandate in place for
9 children in schools and day cares.
10 Cases and infection rates have
11 plummeted, and they're down almost 90 percent
12 across our state. Governors in neighboring
13 states, places like New Jersey and Connecticut
14 and Massachusetts -- Pennsylvania too -- they've
15 joined the vast majority of states that have
16 lifted their mask mandate in schools.
17 The science and the data have proven
18 that school-age children are the least likely to
19 become physically ill with COVID and the most
20 likely to be psychologically affected by wearing
21 masks all day. When the mask mandate is imposed
22 for only this group, it makes absolutely no
23 sense.
24 Before I make the trip here to
25 Albany every day, Madam President, I get two kids
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1 ready for school: A kindergartner and a
2 first-grader. And for anybody who's a parent,
3 you know that's a struggle. But one thing that's
4 a guarantee is that the smiles come off when the
5 masks go on.
6 And in my house, when I wait on line
7 at the end of the day to pick up my kids from
8 school, the very first thing that happens when my
9 kids leave the school is their masks come off and
10 then they run around the playground and play with
11 their friends, and on the weekends they go to
12 birthday parties and they do all sorts of things
13 that kids do.
14 And my kids, even this weekend --
15 who have a combined age of only being on the
16 earth together, combined, 11 years, a 5-year-old
17 and a 6-year-old -- know that it just doesn't add
18 up. They say to me, Dad, why do people in the
19 mall not have to wear masks but we do at school?
20 That's what we're here talking
21 about. Kids are frustrated, parents are
22 frustrated. And the time has come. When you
23 look at the facts, the only fair conclusion that
24 can be reached is that kids under 18 have the
25 lowest risk of becoming ill from COVID, and we
823
1 know that older New Yorkers do. Then why do we
2 only have this mask mandate for our kids? It's
3 not science, Madam President. We know it, and
4 our kids know it.
5 I also hear ads many, many times a
6 day on the radio and on the television, these are
7 taxpayer-funded ads featuring our very own Health
8 Commissioner, Dr. Bassett, where she talks about
9 an alarming rate of infections and
10 hospitalizations among children. Really,
11 Dr. Bassett. You know, when you look at the
12 science and data, it doesn't support this.
13 Myself and my colleagues have been
14 accused of fearmongering right here on this floor
15 on other topics. But there's no question that
16 when you go around telling parents falsely that
17 if they don't do everything you say, their kids
18 are going to get sick or might even die, that
19 you're engaging in the worst form of
20 fearmongering imaginable.
21 Again, the science just doesn't
22 support this. Vaccines for school-age children
23 have been around since the fall, and those
24 individuals who want to get vaccines for their
25 kids have had ample time to do that. The costs
824
1 versus the benefits by mask mandates are going to
2 be debated long after this mask mandate is
3 lifted.
4 However, there's mounting evidence
5 that there will be long-lasting effects on our
6 kids, whether we're talking about facial
7 expressions that our kids can't read, which are
8 an important part of human development, or the
9 emotional toll that a child is subjected to when
10 they're masked all day long -- we've even seen
11 schools, one right here in the Capital Region
12 that's proposing a psychological transition
13 before the mask mandate is dropped.
14 Madam President, it's time we
15 transition back to normal. It's time we do it
16 now. Not next week, not next month, not in two
17 months, but right now. We must do it now. We
18 must do it for our kids.
19 Madam President, I urge my
20 colleagues to join me in the call to unmask our
21 kids. Thank you.
22 ACTING PRESIDENT MAYER: Thank you,
23 Senator. I want to remind the house that the
24 vote is on the procedures of the house and the
25 ruling of the chair.
825
1 Those in favor of overruling the
2 chair, signify by saying aye.
3 SENATOR LANZA: Request a show of
4 hands.
5 SENATOR GIANARIS: We've agreed to
6 waive the showing of hands and record each member
7 of the Minority in the affirmative.
8 ACTING PRESIDENT MAYER: Without
9 objection, so ordered.
10 Announce the results.
11 THE SECRETARY: Ayes, 20.
12 ACTING PRESIDENT MAYER: The ruling
13 of the chair stands, and the bill-in-chief is
14 before the house.
15 Are there any other Senators wishing
16 to be heard?
17 Seeing and hearing none, debate is
18 closed. The Secretary will ring the bell.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect the on the 180th day after
22 it shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
826
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 The Senate will stand at ease
7 temporarily.
8 (Whereupon, the Senate stood at ease
9 at 3:48 p.m.)
10 (Whereupon, the Senate reconvened at
11 4:02 p.m.)
12 ACTING PRESIDENT MAYER: The Senate
13 will return to order.
14 Senator Gianaris.
15 SENATOR GIANARIS: Thanks,
16 Madam President.
17 If we could return to motions for a
18 moment, I wish to call up Senator Gounardes's
19 bill, Print 7882, recalled from the Assembly,
20 which is now at the desk.
21 ACTING PRESIDENT MAYER: The
22 Secretary will read.
23 THE SECRETARY: Senate Print 7882,
24 by Senator Gounardes, an act to amend the
25 Civil Practice Law and Rules.
827
1 SENATOR GIANARIS: Move to
2 reconsider the vote by which this bill was
3 passed.
4 ACTING PRESIDENT MAYER: Call the
5 roll on reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT MAYER: The bill
9 is restored to its place on the Third Reading
10 Calendar.
11 Senator Gianaris.
12 SENATOR GIANARIS: I offer the
13 following amendments.
14 ACTING PRESIDENT MAYER: The
15 amendments are received, and the bill will retain
16 its place on the Third Reading Calendar.
17 SENATOR GIANARIS: Is there any
18 further business at the desk?
19 ACTING PRESIDENT MAYER: There is
20 no further business at the desk.
21 SENATOR GIANARIS: I move to
22 adjourn until tomorrow, Tuesday, February 15th,
23 at 3:00 p.m.
24 ACTING PRESIDENT MAYER: The Senate
25 stands adjourned until tomorrow, Tuesday,
828
1 February 15th, at 3:00 p.m.
2 (Whereupon, at 4:05 p.m., the Senate
3 adjourned.)
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