Regular Session - March 1, 2022
936
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 March 1, 2022
11 4:19 p.m.
12
13
14 REGULAR SESSION
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16
17
18
19 SENATOR ROXANNE J. PERSAUD, Acting President
20 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
937
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: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 February 28, 2022, the Senate met pursuant to
17 adjournment. The Journal of Sunday, February 27,
18 2022, was read and approved. On motion, the
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 Sanders
938
1 moves to discharge, from the Committee on Mental
2 Health and Developmental Disabilities, Assembly
3 Bill Number 7686 and substitute it for the
4 identical Senate Bill 7144, Third Reading
5 Calendar 246.
6 Senator Gounardes moves to
7 discharge, from the Committee on Investigations
8 and Government Operations, Assembly Bill Number
9 2483B and substitute it for the identical Senate
10 Bill 3395A, Third Reading Calendar 386.
11 Senator Breslin moves to discharge,
12 from the Committee on Insurance, Assembly Bill
13 Number 7786 and substitute it for the identical
14 Senate Bill 3577, Third Reading Calendar 489.
15 ACTING PRESIDENT PERSAUD:
16 Substitutions so ordered.
17 Messages from the Governor.
18 Reports of standing committees.
19 Reports of select committees.
20 Communications and reports from
21 state officers.
22 Motions and resolutions.
23 Senator Gianaris.
24 SENATOR GIANARIS: Madam President,
25 I move to adopt the Resolution Calendar.
939
1 ACTING PRESIDENT PERSAUD: All in
2 favor of adopting the Resolution Calendar please
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT PERSAUD: Opposed,
6 nay.
7 (No response.)
8 ACTING PRESIDENT PERSAUD: The
9 Resolution Calendar is adopted.
10 Senator Gianaris.
11 SENATOR GIANARIS: There's also a
12 privileged resolution at the desk.
13 Can we please take that up, read its
14 title, and recognize Senator Mayer.
15 ACTING PRESIDENT PERSAUD: There is
16 a substitution at the desk. Substitution so
17 ordered.
18 The Secretary will read.
19 THE SECRETARY: Senators Mayer and
20 Stavisky move to substitute Assembly Concurrent
21 Resolution Number 584, by Assemblymembers
22 Benedetto and Glick, and substitute it for the
23 identical Senate Concurrent Resolution Number
24 1957.
25 Assembly Resolution 584, Concurrent
940
1 Resolution of the Senate and Assembly providing
2 for the election of three Regents of the
3 University of the State of New York.
4 ACTING PRESIDENT PERSAUD: Senator
5 Mayer on the resolution.
6 SENATOR MAYER: Thank you,
7 Madam President.
8 It's really an honor to get up and
9 speak in support of this resolution appointing
10 three members to the Board of Regents, two
11 reappointments and one new appointment. And it's
12 an honor to submit the names of Susan Mittler for
13 the 6th District and Ruth Turner for the
14 7th District, as reappointments.
15 I also, along with many of my
16 colleagues -- Senator Stavisky, members of the
17 Assembly, members of the Minority Conference --
18 all listened to a number of people who expressed
19 an interest in serving on this very important
20 institution that helps determine the education
21 policy of our state.
22 And I'm proud to say that we
23 currently have a very constructive relationship
24 with the Board of Regents. They actually listen
25 to the suggestions of our Legislature. And we
941
1 look forward to working closely with them with
2 the reappointment of these two existing Regents.
3 I'm also particularly pleased that
4 we are appointing Shino Tanikawa to the
5 1st District, representing Manhattan, to the
6 Board of Regents.
7 Senator Liu and I, along with many
8 of our colleagues during the height of COVID,
9 dealt with parents and activists throughout the
10 New York City public school system, with their
11 frustrations and concerns on behalf of their
12 children, and Shino Tanikawa was one of those
13 voices -- a reasonable, thoughtful but advocacy
14 person who really spoke on behalf of family
15 members. And even though her children are older,
16 she has a long and very admirable history as an
17 advocate on behalf of our children throughout the
18 City of New York.
19 She currently sits on the Citywide
20 Council on High Schools, is a founding member of
21 the Education Council Consortium, which is a
22 large group, was a member of the Community
23 Education Council for District 2, and has a long
24 history in the Parent Teacher Association and all
25 of the activities that very active parents engage
942
1 in on behalf of their children.
2 So it's really a pleasure that she
3 will be joining the Board of Regents, being a
4 voice for parents, a thoughtful voice, a
5 big-picture person who recognizes the role of the
6 Board of Regents and the opportunities we have to
7 continue to fight for quality education for every
8 student in New York.
9 So I'm very pleased to have these
10 three very fine, distinguished people. And I
11 move their recommendations and appointment.
12 Thank you, Madam President.
13 ACTING PRESIDENT PERSAUD:
14 Senator Krueger on the resolution.
15 SENATOR KRUEGER: Oh, thank you.
16 Thank you so much, Madam President. It's so nice
17 to see you up there.
18 I'm here in this room with other
19 people, it's very exciting. And no mask, it's
20 very exciting.
21 But I'm here to just talk briefly on
22 the Regent from Manhattan that has been moved
23 through, and her name is Shino Tanikawa. And
24 she's not my constituent, she actually is farther
25 south in Manhattan, but she was the chair of our
943
1 CEC for my school district and involved with
2 endless other responsibilities relating to
3 schools in New York City. And she's truly an
4 extraordinary woman.
5 And we all know what it means to
6 work in public service, all of us here on this
7 floor, because that's what we have chosen to do.
8 But we actually get a paycheck for it. And Shino
9 is one of those people who, though she doesn't
10 get a paycheck for any of the work she's been
11 doing for years and years, has been an
12 extraordinary contributor to the public education
13 system in New York, as well as, more recently,
14 very, very involved in environmental and climate
15 change issues.
16 And so she has participated with the
17 Citywide Council on High Schools, the Educational
18 Council Consortium. Again, as I said, she was on
19 the CEC for School District 2 for Manhattan, was
20 the president of the board, and is just one of
21 those super-smart people that you know you want
22 doing things in the public good, because she's
23 always going to look out for the interests of the
24 children and the families and the schools.
25 And so I couldn't be happier to
944
1 stand here as a, I guess, confirmee of her
2 qualifications to be the next Manhattan Regent.
3 And thank you very much,
4 Madam President.
5 ACTING PRESIDENT PERSAUD: Senator
6 Jackson on the resolution.
7 SENATOR JACKSON: Thank you,
8 Madam -- Madam Leader.
9 I rise in support of Shino for the
10 State Board of Regents from the 1st District.
11 I've known her as an education advocate in
12 New York City. But not only that, but the
13 process that was used with Deborah Glick, the
14 Assemblymember chairing the New York City people,
15 it was very diplomatic, it was very transparent.
16 And also I say to you that my
17 first -- there were two people that I was
18 supporting as far as my initial vote, but in
19 order to reach a consensus sometimes people have
20 to give. And when I saw the handwriting on the
21 wall, I said that Shino is my choice all things
22 considered. All things considered. When you
23 bake a cake, you're putting all of the
24 ingredients in there to make sure that the cake
25 rises up and when you eat it, it tastes good.
945
1 So I do believe that she's going to
2 represent all of the people of the City of
3 New York and the State of New York as a member of
4 the State Board of Regents. So I say aye for
5 Shino.
6 ACTING PRESIDENT PERSAUD: The
7 question is on the resolution.
8 The Secretary will call the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Announce
11 the results.
12 THE SECRETARY: Those Senators
13 voting in the negative on the resolution are
14 Senators Akshar, Borrello, Boyle, Gallivan,
15 Griffo, Helming, Jordan, Lanza, Martucci,
16 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
17 Ritchie, Serino, Stec, Tedisco and Weik.
18 Ayes, 43. Nays, 20.
19 ACTING PRESIDENT PERSAUD: The
20 resolution is adopted.
21 Senator Gianaris.
22 SENATOR GIANARIS: Madam President,
23 moving back to motions for a second, amendments
24 are offered to the following Third Reading
25 Calendar bills:
946
1 By Senator Thomas, page 12, Calendar
2 Number 132, Senate Print 5924A;
3 Senator Kennedy, page 16, Calendar
4 Number 263, Senate Print 5236A;
5 Senator Salazar, page 16, Calendar
6 Number 268, Senate Print 6777;
7 And Senator Sepúlveda, page 21,
8 Calendar Number 370, Senate Print 2855.
9 ACTING PRESIDENT PERSAUD: The
10 amendments are received, and the bills will
11 retain their place on the Third Reading Calendar.
12 Senator Gianaris.
13 SENATOR GIANARIS: Let's take up
14 the reading of the calendar now, please.
15 ACTING PRESIDENT PERSAUD: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 102, Senate Print 738, by Senator Biaggi, an act
19 to amend the General Obligations Laws.
20 ACTING PRESIDENT PERSAUD: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
947
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar Number 102, those Senators voting in the
6 negative are Senators Lanza and O'Mara.
7 Ayes, 61. Nays, 2.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 103, Senate Print 766, by Senator Gounardes, an
12 act to amend the General Obligations Law.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 60th day after it
17 shall have become a law.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Senator
22 Gounardes to explain his vote.
23 SENATOR GOUNARDES: Thank you,
24 Madam President.
25 I rise today in proud support of
948
1 this legislation, which would ban no-rehire
2 clauses in settlement agreements between a victim
3 of sexual harassment and an accused employer.
4 All too often we have learned by
5 hearing from the voices of victims and people who
6 have been abused and harassed that when they try
7 to settle their cases to be able to get recourse
8 for what happened to them, they are told that
9 they can never apply for a job at that company
10 ever again.
11 Now, that might make sense if you
12 worked at a place with one employee and one
13 employer. But for the world that we're living in
14 today, with multinational corporations, with
15 businesses that span the globe -- imagine being
16 told that after you were the victim of sexual
17 harassment in your workplace by someone touching
18 you, making comments to you, making you feel
19 uncomfortable, that you will never have a chance
20 to work in the industry or for that company ever
21 again. It's used as a tactic to intimidate and
22 to silence victims.
23 And by passing this legislation
24 today, which the Senate has done multiple times
25 in the past, we are sending an affirmative
949
1 statement that we want to empower the voices of
2 victims and not allow the law to be used as a
3 weapon against them to force their silence and to
4 force their acquiescence when they have been
5 abused at the hands of harassers.
6 I proudly support this bill, and I
7 thank all my colleagues who have supported this
8 bill as well. Thank you.
9 ACTING PRESIDENT PERSAUD:
10 Senator Gounardes to be recorded in the
11 affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar 103, those Senators voting in the
15 negative are Senators Akshar, Borrello, Boyle,
16 Gallivan, Griffo, Helming, Jordan, Lanza,
17 Martucci, Mattera, Oberacker, O'Mara, Ortt,
18 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
19 Weik.
20 Ayes, 43. Nays, 20.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 109, Senate Print 6824, by Senator Persaud, an
25 act to amend the Family Court Act.
950
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. 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: Ayes, 63.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 215, Senate Print 25C, by Senator Kaplan, an act
15 in relation to requiring the Empire State
16 Development Corporation to study the economic
17 impact of optimizing kitchen incubators in
18 New York State.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
951
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 215, voting in the negative:
5 Senator Akshar.
6 Ayes, 62. Nays, 1.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 246, Assembly Print Number 7686, by
11 Assemblymember Frontus, an act to amend the
12 Mental Hygiene Law.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 Calendar Number 268 is high and will
952
1 be laid aside for the day.
2 THE SECRETARY: Calendar Number
3 361, Senate Print 7399, by Senator Gaughran, an
4 act to amend the General Municipal Law.
5 SENATOR GIANARIS: Lay it aside for
6 the day.
7 ACTING PRESIDENT PERSAUD: The bill
8 will be laid aside for the day.
9 THE SECRETARY: Calendar Number
10 380, Senate Print 566A, by Senator Hoylman, an
11 act to amend the Executive Law.
12 ACTING PRESIDENT PERSAUD: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day after it
16 shall have become a law.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
953
1 381, Senate Print 812A, by Senator Biaggi, an act
2 to amend the Executive Law.
3 SENATOR LANZA: Lay it aside.
4 ACTING PRESIDENT PERSAUD: Lay it
5 aside.
6 THE SECRETARY: Calendar Number
7 382, Senate Print 936, by Senator Krueger, an act
8 to amend the Tax Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the first of April.
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: In relation to
19 Calendar 382, those Senators voting in the
20 negative are Senators Borrello, Gallivan, Griffo,
21 Jordan, Lanza, Martucci, Oberacker, O'Mara, Ortt,
22 Palumbo, Rath and Tedisco.
23 Ayes, 51. Nays, 12.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
954
1 THE SECRETARY: Calendar Number
2 386, Assembly Print Number 2483B, by
3 Assemblymember Niou, an act to amend the
4 Executive Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Senator
13 Gounardes to explain his vote.
14 SENATOR GOUNARDES: Thank you,
15 Madam President. Three years ago this body took
16 a momentous step forward in reforming our state's
17 sexual harassment laws and bringing the law into
18 the 21st century by saying that no longer did
19 someone have to prove that they were subject to
20 severe or pervasive behavior as they were being
21 harassed or abused.
22 But as that bill made its way to the
23 floor, inexplicably we carved out people who work
24 in the legislative body, in the executive body,
25 who work for the judiciary, people who work for
955
1 town councils and local governments and county
2 governments. The very people who work in the
3 halls of power who are often subject to the most
4 obscene and abusive forms of harassment were
5 carved out of the very protections of the state's
6 sexual harassment law that we were trying to
7 boldly take forward.
8 But today, three years later, I am
9 so incredibly proud that we are taking steps to
10 finally close the license to harass loophole and
11 we are saying unequivocally, with one voice, that
12 all employees of this state, regardless of who
13 you work for, whether it's in the public sector
14 or the private sector, are subject to the same
15 protections of the state's Human Rights Law. And
16 that everyone deserves a workplace that is free
17 from intimidation, discrimination and harassment.
18 This bill, in closing this loophole,
19 is a long time coming. I'm so glad that after we
20 pass this bill in this chamber today, it will go
21 to the Governor's desk for her signature and
22 finally we can right the wrong that we left
23 unattended to several years ago.
24 I proudly vote aye. Thank you.
25 ACTING PRESIDENT PERSAUD: Senator
956
1 Gounardes to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar 386, those Senators voting in the
5 negative are Senator Lanza, Oberacker and Ortt.
6 Also Senator O'Mara.
7 Ayes, 59. Nays, 4.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 389, Senate Print 5870, by Senator Gounardes, an
12 act to amend the Executive Law.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Senator
21 Gounardes to explain his vote.
22 SENATOR GOUNARDES: Thank you,
23 Madam President.
24 This bill is another one of the
25 package, another bill in this really landmark
957
1 package of bills to really help dismantle the
2 harassment machine that was allowed to exist in
3 our laws for far too long.
4 We are taking an affirmative step
5 today to extend the statute of limitations for
6 victims of sexual harassment or workplace
7 discrimination from three years to six years.
8 And why is that important? Because when you
9 spend any time talking to victims, people who
10 have endured this form of behavior, you know that
11 artificially capping the time by which they can
12 come forward to tell their stories, share their
13 pain and then file for their legal recourse in
14 the courts, you cannot put a time limit on that.
15 Three years is simply not enough time for
16 individuals to be able to share their stories and
17 share their pain.
18 By extending the statute of
19 limitations, by making it six years, we are
20 empowering the victims of harassment and
21 discrimination to be able to tell their stories
22 when they feel ready to and to tell them that the
23 courts will be there to hear their claim and to
24 hear their story and to vindicate their rights
25 once and for all.
958
1 I proudly vote aye. Thank you.
2 ACTING PRESIDENT PERSAUD: Senator
3 Gounardes to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 428, Senate Print 5628, by Senator Bailey, an act
10 to amend the Social Services Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 2. 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: In relation to
21 Calendar 428, those Senators voting in the
22 negative are Senators Akshar, Borrello, Griffo,
23 Helming, Jordan, Lanza, Martucci, O'Mara,
24 Palumbo, Serino, Stec and Tedisco.
25 Ayes, 51. Nays, 12.
959
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 433, Senate Print 849A, by Senator Gounardes, an
5 act to amend the Civil Practice Law and Rules.
6 ACTING PRESIDENT PERSAUD: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 60th day after it
10 shall have become a law.
11 ACTING PRESIDENT PERSAUD: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT PERSAUD: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 433, voting in the negative:
18 Senator Lanza.
19 Ayes, 62. Nays, 1.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 441, Senate Print 6239, by Senator Thomas, an act
24 to amend the Administrative Code of the City of
25 New York.
960
1 SENATOR GIANARIS: Lay it aside for
2 the day.
3 ACTING PRESIDENT PERSAUD: The bill
4 will be laid aside for the day.
5 THE SECRETARY: Calendar Number
6 445, Senate Print 5487, by Senator Rivera, an act
7 to amend the Public Health Law.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect on the 90th day after it
12 shall have become a law.
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
22 485, Senate Print 7864, by Senator Brooks, an act
23 to amend the General Municipal Law and the Public
24 Authorities Law.
25 ACTING PRESIDENT PERSAUD: Read the
961
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
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: Ayes, 63.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 489, Assembly Print Number 7786, by
14 Assemblymember Cahill, an act in relation to
15 requiring the Department of Financial Services to
16 conduct a study regarding insurance or other risk
17 mitigation tools.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
962
1 the results.
2 THE SECRETARY: In relation to
3 Calendar Number 489, voting in the negative:
4 Senator Akshar.
5 Ayes, 62. Nays, 1.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 503, Senate Print 1057, by Senator Mayer, an act
10 to amend the Education Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 7. 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
24 523, Senate Print 7027, by Senator Parker, an act
25 in relation to maintaining the continued
963
1 viability of the state's existing large-scale,
2 renewable energy resources.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT PERSAUD: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 523, those Senators voting in the
14 negative are Senators Akshar, Borrello and Ortt.
15 Ayes, 60. Nays, 3.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 Senator Gianaris, that completes the
19 reading of today's calendar.
20 SENATOR GIANARIS: Can we now move
21 to the controversial calendar, please.
22 ACTING PRESIDENT PERSAUD: The
23 Secretary will ring the bell.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
964
1 381, Senate Print 812A, by Senator Biaggi, an act
2 to amend the Executive Law.
3 ACTING PRESIDENT PERSAUD: Senator
4 Lanza, why do you rise?
5 SENATOR LANZA: Madam President, I
6 believe there's an amendment at the desk. I
7 waive the reading of that amendment and ask that
8 Senator Serino be recognized and heard.
9 ACTING PRESIDENT PERSAUD: Thank
10 you, Senator Lanza.
11 Upon review of the amendment, in
12 accordance with Rule 6, Section 4B, I rule it
13 nongermane and out of order at this time.
14 SENATOR LANZA: Accordingly,
15 Madam President, I appeal the ruling of the chair
16 and ask that Senator Serino be recognized.
17 ACTING PRESIDENT PERSAUD: The
18 appeal has been made and recognized, and
19 Senator Serino may be heard.
20 SENATOR SERINO: Thank you,
21 Madam President.
22 This bill is germane because both
23 aim to empower victims of sexual harassment to
24 report abuse. While I support the intent of this
25 bill before us today, which would create a
965
1 confidential legal hotline to provide pro bono
2 advice to victims, once again I think we're still
3 failing to get to the heart of the issue to
4 actually prevent sexual harassment here in state
5 government.
6 The problem is lack of effective
7 enforcement of the laws we already have on the
8 books. What's missing is a process that victims
9 can actually trust to hold their perpetrators
10 accountable. Look at what's happening today with
11 Governor Andrew Cuomo. Here we are passing the
12 same old package of bills we passed last year on
13 a day when the disgraced governor is launching a
14 media blitz to discredit the voices of his
15 victims and sway public opinion to his favor.
16 This is the kind of behavior that
17 discourages victims from speaking out against
18 abusers, who clearly hold all the power here.
19 And nothing we're passing today would prevent
20 this from happening again in the future.
21 The amendment I'm presenting now is
22 a bill that I sponsor that would create a totally
23 independent commission to collect reports of
24 sexual harassment, substantiate them, and truly
25 hold perpetrators accountable.
966
1 Creating a hotline might be a step
2 in the right direction, but this bill doesn't
3 even have a companion bill in the Assembly.
4 Once again, the Majority is passing
5 a package of bills to score a headline, not to
6 make a real difference. We could pass my
7 amendment today and make New York a safer place
8 to work for all of our valued government
9 employees.
10 Once again, this is a moment to set
11 politics aside and work together to ensure that
12 our state is a place where survivors are heard,
13 perpetrators are held accountable, and all
14 New Yorkers feel safe from harassment of any
15 kind. I urge my colleagues to vote aye.
16 Thank you, Madam President.
17 ACTING PRESIDENT PERSAUD: Thank
18 you, Senator.
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.
967
1 SENATOR GIANARIS: Madam 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 PERSAUD: Without
6 objection, so ordered.
7 Announce the results.
8 THE SECRETARY: Ayes, 20.
9 ACTING PRESIDENT PERSAUD: 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 2. This
18 act shall take effect on the 120th day after it
19 shall have become a law.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
968
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 Senator Gianaris, that completes the
4 reading of the controversial calendar.
5 SENATOR GIANARIS: Is there any
6 further business at the desk?
7 ACTING PRESIDENT PERSAUD: There is
8 no further business at the desk.
9 SENATOR GIANARIS: Before we
10 adjourn, Madam President, let me wish you a happy
11 birthday today.
12 ACTING PRESIDENT PERSAUD: Thank
13 you.
14 (Sustained applause.)
15 ACTING PRESIDENT PERSAUD: It's
16 quite a season, Senator.
17 SENATOR GIANARIS: It's the most
18 applause we've had in the chamber in two years.
19 (Laughter.)
20 SENATOR GIANARIS: Also, can I
21 announce there will be a virtual meeting of the
22 Senate Democratic Conference immediately
23 following session.
24 ACTING PRESIDENT PERSAUD: There
25 will be a virtual meeting of the Senate
969
1 Democratic Conference immediately following
2 session.
3 SENATOR GIANARIS: And now I move
4 to adjourn until tomorrow, Wednesday, March 2nd,
5 at 3:00 p.m.
6 ACTING PRESIDENT PERSAUD: On
7 motion, the Senate stands adjourned until
8 Wednesday, March 2nd, at 3:00 p.m.
9 (Whereupon, at 4:48 p.m., the Senate
10 adjourned.)
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