Regular Session - March 7, 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 March 7, 2022
11 3:17 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: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 March 6, 2022, the Senate met pursuant to
17 adjournment. The Journal of Saturday, March 5,
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 Biaggi
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1 moves to discharge, from the Committee on Codes,
2 Assembly Bill Number 2035B and substitute it for
3 the identical Senate Bill 812, Third Reading
4 Calendar 381.
5 ACTING PRESIDENT PERSAUD: The
6 substitution is so ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Gianaris.
14 SENATOR GIANARIS: Good afternoon,
15 Madam President.
16 Amendments are offered to the
17 following Third Reading Calendar bills:
18 By Senator Thomas, page 12, Calendar
19 132, Senate Print 5924A;
20 Senator Hinchey, page 16, Calendar
21 279, Senate Print 4082;
22 Senator Skoufis, page 18, Calendar
23 338, Senate Print 6199;
24 And Senator Harckham, page 32,
25 Calendar 551, Senate Print 8219.
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1 ACTING PRESIDENT PERSAUD: The
2 amendments are received, and the bills will
3 retain their place on the Third Reading Calendar.
4 Senator Gianaris.
5 SENATOR GIANARIS: I also wish to
6 call up Senator Mannion's bill, Senate Print
7 4469, recalled from the Assembly, which is now at
8 the desk.
9 ACTING PRESIDENT PERSAUD: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 539, Senate Print 4469, by Senator Mannion, an
13 act to amend the Mental Hygiene Law and the
14 Social Services Law.
15 SENATOR GIANARIS: Move to
16 reconsider the vote by which the bill was passed.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll on reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT PERSAUD: The bill
22 is restored to its place on the Third Reading
23 Calendar.
24 SENATOR GIANARIS: I offer the
25 following amendments.
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1 ACTING PRESIDENT PERSAUD: The
2 amendments are received, and the bills will
3 retain their place on the Third Reading Calendar.
4 SENATOR GIANARIS: Please take up
5 the reading of the calendar.
6 THE SECRETARY: The Secretary will
7 read.
8 THE SECRETARY: Calendar Number
9 217, Senate Print 49, by Senator Kaplan, an act
10 to amend the Real Property Tax Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 120th day after it
15 shall have become a law.
16 ACTING PRESIDENT PERSAUD: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT PERSAUD: Announce
20 the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT PERSAUD: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 221, Senate Print 1659, by Senator Skoufis, an
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1 act to amend the General Municipal Law.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 60th day after it
6 shall have become a law.
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 221, those Senators voting in the
14 negative are Senators Akshar, Borrello, Boyle,
15 Gallivan, Griffo, Helming, Jordan, Martucci,
16 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
17 Ritchie, Serino, Stec, Tedisco and Weik.
18 Ayes, 44. Nays, 19.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 225, Senate Print 7186A, by Senator Brooks, an
23 act to amend the General Municipal Law and the
24 Town Law.
25 ACTING PRESIDENT PERSAUD: Read the
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1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the 90th day after it
4 shall have become a law.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Senator
9 Rath to explain his vote.
10 SENATOR RATH: Thank you,
11 Madam President.
12 First of all, I want to thank the
13 sponsor, Senator Brooks, for sponsoring this
14 important piece of legislation, which I'm also
15 proud to cosponsor.
16 This gives our local volunteer fire
17 companies a critical tool for maintaining its
18 services in our communities. In upstate New York
19 and all across New York State, volunteer fire
20 companies provide critical services each and
21 every day. Make no mistake -- 24/7, 365, these
22 men and women put their lives at risk because for
23 them, public safety is paramount.
24 However, those vital emergency
25 services don't come cheaply. In fact, volunteer
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1 fire companies are confronted with rising costs,
2 many barriers, and membership pressures.
3 For too long, voluntary fire
4 departments in New York have been impeded from
5 recovering important costs which are attributed
6 to the emergency services that they provide.
7 Amazingly, if you can believe this, New York
8 State is the only state in the country that does
9 not allow volunteer fire companies to set service
10 fees for emergency services that are provided.
11 Today, we right this wrong. We
12 enable fire departments to establish protocols
13 that make them more financially viable. And this
14 is a necessary step towards ensuring that public
15 safety in our fire districts continues
16 unabridged.
17 For these reasons, Madam Chair, I am
18 proud to vote in the affirmative.
19 Thank you.
20 ACTING PRESIDENT PERSAUD: Senator
21 Rath to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar 225, those Senators voting in the
25 negative are Senators Brisport and Skoufis.
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1 Ayes, 61. Nays, 2.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 268, Senate Print 6777A, by Senator Salazar, an
6 act to amend the Executive Law.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect April 1, 2023.
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 268, those Senators voting in the
18 negative are Senators Akshar, Borrello, Gallivan,
19 Helming, Jordan, Lanza, Mattera, Oberacker,
20 O'Mara, Ortt, Palumbo, Rath, Ritchie, Stec, and
21 Tedisco.
22 Ayes, 48. Nays, 15.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 272, Senate Print 1577A, by Senator Rivera, an
2 act to amend the Social Services Law.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 2. 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: Ayes, 63.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 308, Senate Print 2976A, by Senator Harckham --
17 SENATOR HELMING: Lay it aside.
18 (Laughter.)
19 ACTING PRESIDENT PERSAUD: Lay it
20 aside.
21 THE SECRETARY: Calendar Number
22 332, Senate Print 1104, by Senator
23 Stewart-Cousins, an act to amend the
24 Executive 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 90th day after it
4 shall have become a law.
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
14 354, Senate Print 2629, by Senator Sanders, an
15 act to amend the General Municipal Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 30th day after it
20 shall have become a law.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
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1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 381, Assembly Print Number 2035B, by
6 Assemblymember Niou, an act to amend the
7 Executive Law.
8 ACTING PRESIDENT PERSAUD: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 120th 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
22 401, Senate Print 3448A, by Senator Hinchey, an
23 act to amend the Education Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 Senator Gianaris, that completes the
12 reading of today's calendar.
13 SENATOR GIANARIS: Let's take up
14 the controversial calendar, please.
15 ACTING PRESIDENT PERSAUD: The
16 Secretary will ring the bell.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 308, Senate Print 2976A, by Senator Harckham, an
20 act to amend the Mental Hygiene Law.
21 ACTING PRESIDENT PERSAUD: Senator
22 Helming, why do you rise?
23 SENATOR HELMING: Madam President,
24 I believe there's an amendment at the desk. I
25 waive the reading of that amendment and ask that
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1 you recognize Senator Martucci to be heard.
2 ACTING PRESIDENT PERSAUD: Thank
3 you, Senator Helming.
4 Upon review of the amendment, in
5 accordance with Rule 6, Section 4B, I rule it
6 nongermane and out of order at this time.
7 SENATOR HELMING: Accordingly,
8 Madam President, I appeal the ruling of the chair
9 and ask that Senator Martucci be recognized.
10 ACTING PRESIDENT PERSAUD: The
11 appeal has been made and recognized, and
12 Senator Martucci may be heard.
13 SENATOR MARTUCCI: Thank you,
14 Madam President.
15 I rise to appeal the ruling of the
16 chair. The proposed amendment is germane to the
17 bill in chief. The bill in chief before this
18 house is about providing access and information
19 to individuals suffering from substance use
20 disorder once they're released from a treatment
21 or correctional facility here in New York.
22 The proposed amendment that I'm
23 bringing to the floor here today -- and that this
24 Minority has brought to the floor in the past --
25 will repeal the bail and discovery reforms that
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1 allow the vast majority of drug dealers here in
2 the State of New York to be released onto the
3 streets pending trial.
4 As overdose deaths in this state
5 spike, bail reform laws passed by the Majority
6 right here in this chamber released these drug
7 dealers -- who are profiteering from the sale of
8 poison in our communities, that are killing our
9 friends, our neighbors and our family members --
10 immediately back onto the streets.
11 Madam President, bail reform has
12 become an unmitigated disaster. I can think of
13 hundreds of examples, but one example, a poignant
14 example from my district, is the story of a man
15 by the name of Billy Steinberg. Billy Steinberg
16 was the assistant chief at the Forestburgh Fire
17 Department. He was a beloved son, a father, a
18 member of Laborers' Local 17, and a community
19 member who was highly valued by members of his
20 community.
21 And on January 15th, he answered his
22 last alarm and died in a line-of-duty death at
23 the young age of 37 years old.
24 The fire that he was responding to
25 was set by an arsonist, an arsonist who the day
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1 before Billy's death, on January 14th of 2022,
2 was arrested by State Police and released for
3 setting two arson fires, one on January 10th and
4 one on January 13th, just days before the fire
5 was set that claimed Billy's life.
6 Why was this arsonist out on the
7 street? Well, it was because of the bail reform
8 laws -- the bill reform laws that required
9 someone who was charged with arson 3rd or arson
10 4th, both felony charges, to be immediately
11 released.
12 Madam President, people are
13 literally dying. Billy died because of this
14 dangerous law. This is not hyperbole, this is
15 reality.
16 You need look no further than into
17 the eyes of Billy's father, into the -- look at
18 the pain of a family who's struggled with the
19 loss of their son, and to be there on the day of
20 Billy's funeral to watch the funeral procession
21 come up Broadway in Monticello, with his father
22 leading, holding one of the last things he has of
23 his son left, his fire helmet. You need look no
24 further than that to know that it's time, long
25 past time that we make a change here.
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1 Sadly, so many lawmakers continue to
2 put their head in the sand and play ostrich on
3 this important issue. New Yorkers know this is
4 wrong. A recent Siena poll said that 65 percent
5 of New Yorkers supported tightening up bail laws.
6 Seventy percent of New York City residents, and
7 the majority of all those polled, said that they
8 were concerned about becoming a victim of crime.
9 It's okay to make a mistake. But
10 what we need to do is fix it. Denial is not a
11 strategy. Let's pass this amendment before us
12 here today so that not one more New Yorker dies
13 or falls victim to drug dealers or to arsonists
14 or to anyone else.
15 Madam President, the clock is
16 ticking and the people of this state are
17 demanding change. Let's do this today. Let's do
18 this before there's even just one more victim.
19 Thank you, Madam President.
20 ACTING PRESIDENT PERSAUD: Thank
21 you, Senator.
22 I want to remind the house that the
23 vote is on the procedures of the house and the
24 ruling of the chair.
25 Those in favor of overruling the
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1 chair, signify by saying aye.
2 SENATOR HELMING: Request a show of
3 hands.
4 SENATOR GIANARIS: We've agreed to
5 waive the showing of hands and record each member
6 of the Minority in the affirmative.
7 ACTING PRESIDENT PERSAUD: Without
8 objection, so ordered.
9 Announce the results.
10 THE SECRETARY: Ayes, 20.
11 ACTING PRESIDENT PERSAUD: The
12 ruling of the chair stands, and the bill-in-chief
13 is before the house.
14 Are there any other Senators wishing
15 to be heard?
16 Seeing and hearing none, debate is
17 closed. The Secretary will ring the bell.
18 Read the last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect on the 180th day after it
21 shall have become a law.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Senator
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1 Harckham to explain his vote.
2 SENATOR HARCKHAM: Thank you very
3 much, Madam President. And thank you for your
4 ruling on the hostile amendment.
5 I was not going to originally speak
6 on this bill, because this is a bill that we
7 passed in this chamber a year ago without any
8 politics or any fanfare. This is a bill about
9 giving folks the opportunity for a second chance
10 at life.
11 I just -- you know, I respect my
12 colleagues on the other side of the aisle for
13 their wanting to make a political speech. But I
14 think it was very telling that this was the bill
15 that they chose to talk about criminalization.
16 You know, for too long in New York
17 State we have been criminalizing substance use
18 disorder, we've been criminalizing mental health.
19 Many, many, many of the things that we see
20 transpiring on our streets are due to a spiraling
21 opioid crisis, we're seeing a spiraling mental
22 health crisis. Hundreds and hundreds and
23 hundreds of beds have been cut across the state
24 in all of our districts. And while the former
25 governor was doing that, our colleagues on the
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1 other side of the aisle were in charge of this
2 house.
3 So, you know, it's ironic to me that
4 when we now are reinvesting in substance use
5 disorder treatment, opioid use disorder
6 treatment, mental health, for the first time we
7 are investing in treatment, they want to take a
8 bill and turn it into criminalizing folks with
9 these disorders. Just a very, very different
10 perspective.
11 I vote aye. Thank you,
12 Madam President.
13 ACTING PRESIDENT PERSAUD: Senator
14 Harckham to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar Number 308, voting in the negative:
18 Senator Gallivan.
19 Ayes, 62. Nays, 1.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 Senator Gianaris, that completes the
23 reading of the controversial calendar.
24 SENATOR GIANARIS: Is there any
25 further business at the desk?
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1 ACTING PRESIDENT PERSAUD: There is
2 no further business at the desk.
3 SENATOR GIANARIS: Move to adjourn
4 until tomorrow, Tuesday, March 8th, at 3:00 p.m.
5 ACTING PRESIDENT PERSAUD: On
6 motion, the Senate stands adjourned until
7 Tuesday, March 8th, at 3:00 p.m.
8 (Whereupon, at 3:33 p.m., the Senate
9 adjourned.)
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