Regular Session - March 08, 2021

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    March 8, 2021

11                      3:16 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

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24  

25  


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 1                P R O C E E D I N G S

 2                ACTING PRESIDENT BAILEY:   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 BAILEY:   In the 

 9   absence of clergy, let us bow our heads in a 

10   moment of silent reflection and/or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BAILEY:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Sunday, 

16   March 7, 2021, the Senate met pursuant to 

17   adjournment.  The Journal of Saturday, March 6, 

18   2021, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BAILEY:   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.


                                                               1296

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Mr. President, 

 7   on behalf of Senator Kaplan, on page 24 I offer 

 8   the following amendments to Calendar 451, 

 9   Senate Print 23, and ask that said bill retain 

10   its place on the Third Reading Calendar.

11                ACTING PRESIDENT BAILEY:   The 

12   amendments are received, and the bill shall 

13   retain its place on the Third Reading Calendar.

14                SENATOR GIANARIS:   Let's take up 

15   the reading of the calendar at this time.

16                ACTING PRESIDENT BAILEY:   The 

17   Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   146, Senate Print 591, by Senator Benjamin, an 

20   act to amend the Public Health Law.

21                SENATOR LANZA:   Lay it aside.

22                ACTING PRESIDENT BAILEY:   Lay the 

23   bill aside.

24                THE SECRETARY:   Calendar Number 

25   149, Senate Print 1578A, by Senator Rivera, an 


                                                               1297

 1   act to amend the Social Services Law.

 2                ACTING PRESIDENT BAILEY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 180th day after it 

 6   shall have become a law.

 7                ACTING PRESIDENT BAILEY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BAILEY:   Announce 

11   the results.

12                THE SECRETARY:   Ayes, 63.

13                ACTING PRESIDENT BAILEY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   169, Senate Print 1269, by Senator Brooks, an act 

17   to amend the Penal Law.

18                ACTING PRESIDENT BAILEY:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the 120th day after it 

22   shall have become a law.

23                ACTING PRESIDENT BAILEY:   Call the 

24   roll.

25                (The Secretary called the roll.)


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 1                ACTING PRESIDENT BAILEY:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 169, those Senators voting in the 

 5   negative are Senators Akshar, Biaggi, Borrello, 

 6   Brisport, Gallivan, Griffo, Helming, Jordan, 

 7   Myrie, Oberacker, O'Mara, Ortt, Ramos, Rath, 

 8   Ritchie, Salazar, Stec, Tedisco and Weik.

 9                Ayes, 44.  Nays, 19.

10                ACTING PRESIDENT BAILEY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   176, Senate Print 90, by Senator Kaminsky, an act 

14   to amend the Agriculture and Markets Law.

15                ACTING PRESIDENT BAILEY:   Read the 

16   last section.

17                THE SECRETARY:   Section 7.  This 

18   act shall take effect on the 90th day after it 

19   shall have become a law.

20                ACTING PRESIDENT BAILEY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BAILEY:   Announce 

24   the results.

25                THE SECRETARY:   In relation to 


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 1   Calendar Number 176, voting in the negative:  

 2   Senator Brisport.

 3                Ayes, 62.  Nays, 1.

 4                ACTING PRESIDENT BAILEY:   The bill 

 5   is passed.  

 6                THE SECRETARY:   Calendar Number 

 7   221, Senate Print 502, by Senator Breslin, an act 

 8   to amend the Insurance Law and the Vehicle and 

 9   Traffic Law.

10                ACTING PRESIDENT BAILEY:   Read the 

11   last section.

12                THE SECRETARY:   Section 9.  This 

13   act shall take effect on the 270th day after it 

14   shall have become a law.

15                ACTING PRESIDENT BAILEY:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BAILEY:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 63.

21                ACTING PRESIDENT BAILEY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   257, Senate Print 2204, by Senator May, an act to 

25   amend the Education Law.


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 1                ACTING PRESIDENT BAILEY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BAILEY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BAILEY:   Announce 

 9   the results.

10                THE SECRETARY:   In relation to 

11   Calendar 257, those Senators voting in the 

12   negative are Senators Lanza and Weik.

13                Ayes, 61.  Nays, 2.

14                ACTING PRESIDENT BAILEY:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   322, Senate Print 1728, by Senator Hoylman, an 

18   act to amend the Business Corporation Law.

19                ACTING PRESIDENT BAILEY:   Read the 

20   last section.

21                THE SECRETARY:   Section 31.  This 

22   act shall take effect on the 180th day after it 

23   shall have become a law.

24                ACTING PRESIDENT BAILEY:   Call the 

25   roll.


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 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BAILEY:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 322, those Senators voting in the 

 6   negative are Senators Akshar, Borrello, Breslin, 

 7   Griffo, Hinchey, Jordan, Oberacker, O'Mara, Rath, 

 8   Tedisco and Weik.

 9                Ayes, 52.  Nays, 11.

10                ACTING PRESIDENT BAILEY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   323, Senate Print 2940, by Senator Comrie, an act 

14   to amend the New York State Urban Development 

15   Corporation Act.

16                ACTING PRESIDENT BAILEY:   Read the 

17   last section.

18                THE SECRETARY:   Section 5.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BAILEY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BAILEY:   Announce 

24   the results.

25                THE SECRETARY:   In relation to 


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 1   Calendar 323, those Senators voting in the 

 2   negative are Senators Oberacker, O'Mara, Ortt, 

 3   Palumbo and Stec.

 4                Ayes, 58.  Nays, 5.

 5                ACTING PRESIDENT BAILEY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   439, Senate Print 2976, by Senator Harckham, an 

 9   act to amend the Mental Hygiene Law.

10                ACTING PRESIDENT BAILEY:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect on the 180th day after it 

14   shall have become a law.

15                ACTING PRESIDENT BAILEY:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BAILEY:   Senator 

19   Harckham to explain his vote.

20                SENATOR HARCKHAM:   Thank you very 

21   much, Mr. President.

22                As we know, the opioid crisis 

23   continues through this country, and New York 

24   State is no exception.  Overdose death is 

25   particularly pernicious during this pandemic.


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 1                People are particularly vulnerable 

 2   when they leave certain congregate care 

 3   settings -- for instance, treatment, a 

 4   correctional facility, or when they leave an 

 5   emergency room for an overdose.  We want to save 

 6   those people's lives.  

 7                This is about meeting people where 

 8   they are and saving their lives.  If someone has 

 9   been in a correctional setting or they've been in 

10   treatment for a period of time, they may come out 

11   and their craving is still there, but their 

12   tolerance has weakened.  And that's why they're 

13   particularly susceptible to overdose and overdose 

14   death.

15                So this legislation will address 

16   that, in that everybody who's discharged from one 

17   of those three settings will go home with 

18   specific information educating them about 

19   overdose, the risks associated with overdose, and 

20   most importantly with naloxone or Narcan, which 

21   is an opioid antagonist which is life-saving, 

22   along with a further prescription.  

23                So this body has responded in a 

24   bipartisan way time and time again.  I'm proud 

25   that colleagues will be joining on this bill as 


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 1   we continue to address the opioid crisis and try 

 2   to save lives.  

 3                I will voting aye.  Thank you, 

 4   Mr. President.

 5                ACTING PRESIDENT BAILEY:   Senator 

 6   Harckham to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 439, those Senators voting in the 

10   negative are Senators Gallivan, Griffo, O'Mara, 

11   Ortt and Ritchie.

12                Ayes, 58.  Nays, 5.

13                ACTING PRESIDENT BAILEY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   490, Senate Print 3372, by Senator Bailey, an act 

17   to amend the Private Housing Finance Law.

18                ACTING PRESIDENT BAILEY:   Read the 

19   last section.

20                THE SECRETARY:   Section 5.  This 

21   act shall take effect on the 240th day after it 

22   shall have become a law.

23                ACTING PRESIDENT BAILEY:   Call the 

24   roll.

25                (The Secretary called the roll.)


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 1                ACTING PRESIDENT BAILEY:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT BAILEY:   The bill 

 5   is passed.

 6                Senator Gianaris, that completes the 

 7   reading of today's calendar.

 8                SENATOR GIANARIS:   Can we now move 

 9   to the controversial calendar, please.

10                ACTING PRESIDENT BAILEY:   The 

11   Secretary will ring the bell.

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   146, Senate Print 591, by Senator Benjamin, an 

15   act to amend the Public Health Law.

16                ACTING PRESIDENT BAILEY:   Senator 

17   Lanza, why do you rise?  

18                SENATOR LANZA:   Mr. President, I 

19   believe there's an amendment at the desk.  I 

20   waive the reading of that amendment and ask that 

21   you recognize Senator Borrello to be heard.

22                ACTING PRESIDENT BAILEY:   Thank 

23   you, Senator Lanza.  

24                Upon review of the amendment, in 

25   accordance with Rule 6, Section 4B, I rule it 


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 1   nongermane and out of order at this time.

 2                SENATOR LANZA:   Accordingly, 

 3   Mr. President, I appeal the ruling of the chair 

 4   and ask that you recognize Senator Borrello.

 5                ACTING PRESIDENT BAILEY:   The 

 6   appeal has been made and recognized, and 

 7   Senator Borrello may be heard.

 8                SENATOR BORRELLO:   Thank you, 

 9   Mr. President.

10                Today I rise to appeal the ruling of 

11   the chair.  The proposed amendment is germane to 

12   the bill at hand because the bill at hand deals 

13   with the Public Health Law, one of many areas of 

14   the law that the Governor has issued countless 

15   executive orders and directives.  

16                And I know that my job today is to 

17   actually prove that this amendment is germane, 

18   but after seeing what we saw on Friday as far as 

19   a law that was passed that was hailed by the 

20   Majority as rescinding the Governor's executive 

21   powers when it actually didn't, I would argue 

22   that having something have to be germane is 

23   certainly out the window at this point.  We no 

24   longer need to be germane, because that bill 

25   certainly wasn't.  


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 1                The title of S5357 states "an act to 

 2   amend the Executive Law in relation to the 

 3   termination of certain executive powers."  But 

 4   clearly that title isn't germane to even the 

 5   language of the bill, which did nothing of the 

 6   sort.  In fact, it removed the sunset clause and 

 7   it actually codified the Governor's authority 

 8   indefinitely.  

 9                So this amendment is far more 

10   germane to this bill than S5357 was to removing 

11   the Governor's emergency authority, so I ask that 

12   this be heard and approved.

13                I know that my colleagues on the 

14   other side of the aisle went back to their 

15   districts and hailed that they had removed the 

16   Governor's authority.  However, all of us in the 

17   chamber know that that bill did nothing of the 

18   sort.  A straight repeal wouldn't have required 

19   weeks of negotiation --

20                ACTING PRESIDENT BAILEY:   Senator 

21   Gianaris.

22                SENATOR GIANARIS:   Just a quick 

23   reminder to Senator Borrello that he's referring 

24   to a bill that is neither the one before the 

25   house nor the amendment -- that is not germane -- 


                                                               1308

 1   that they are proposing.

 2                I would also add that the amendment 

 3   they are approaching is technically flawed, since 

 4   they're amending a law that no longer exists, 

 5   since the Governor signed the law we passed on 

 6   Friday.  

 7                So in addition to the numerous 

 8   problems with this process we're undertaking, the 

 9   amendment couldn't even function the way it was 

10   suggested.  

11                But your point is that it is not 

12   germane.  I would just ask Senator Borrello to 

13   stay on the question before the Senate right now.

14                ACTING PRESIDENT BAILEY:   Thank 

15   you, Senator Gianaris.  

16                Senator Lanza, why do you rise?  

17                SENATOR LANZA:   Mr. President, I 

18   would argue that Senator Borrello is making an 

19   argument considering the germaneness of the 

20   amendment before the house.  

21                And to make that argument, he's 

22   making the argument by contrast and not speaking 

23   directly on any bill that is not before the house 

24   but rather making a general argument about what 

25   is germane and what is not.


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 1                ACTING PRESIDENT BAILEY:   Thank 

 2   you, Senator Lanza.  

 3                I'd like to remind everyone in the 

 4   house if we could keep the remarks to the 

 5   point of the appeal.

 6                Senator Borrello, you have the 

 7   floor.

 8                SENATOR BORRELLO:   Thank you, 

 9   Mr. President.

10                Well, then, the point of our 

11   amendment is to truly actually strip the Governor 

12   of his authority by a simple repeal.  It's clear 

13   that we are still under his thumb.  That's really 

14   what the point of this amendment is, is to truly 

15   do a clean repeal of the Governor's authority.  

16                Because right now, despite the 

17   legislation that did pass, our restaurants are 

18   still not able to stay open past 11 p.m.  You 

19   still have to order food with your drink.  You 

20   still have to be seated, not standing when you're 

21   drinking alcohol.  Our students can't go back 

22   into the schools because of the six-foot rule.  

23   Again, that's part of those executive orders.  

24                Had we done this amendment in the 

25   21 times prior to this that this amendment had 


                                                               1310

 1   been proposed, then we wouldn't have any of those 

 2   restrictions that are still in place even today.

 3                So even though this amendment may or 

 4   may not be germane -- I believe that it is -- I 

 5   once again point to the fact that we set a 

 6   precedent on Friday that germaneness is really no 

 7   longer necessary in this house.

 8                So I would ask that you please 

 9   approve this amendment and rule it germane.

10                ACTING PRESIDENT BAILEY:   Thank 

11   you, Senator Borrello.

12                I want to remind the house that the 

13   vote is on the procedures of the house and the 

14   ruling of the chair.

15                Those in favor of overruling the 

16   chair signify by saying aye.

17                SENATOR LANZA:   Request a show of 

18   hands.

19                SENATOR GIANARIS:   Mr. President, 

20   we've agreed to waive the showing of hands and 

21   record each member of the Minority in the 

22   affirmative.

23                ACTING PRESIDENT BAILEY:   Without 

24   objection, so ordered.

25                Announce the results.


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 1                THE SECRETARY:   Ayes, 20.

 2                ACTING PRESIDENT BAILEY:   The 

 3   ruling of the chair stands, and the bill-in-chief 

 4   is before the house.

 5                Are there any other Senators wishing 

 6   to be heard?

 7                Seeing and hearing none, debate is 

 8   now closed.  The Secretary will ring the bell.

 9                Read the last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect on the 120th day after it 

12   shall have become a law.

13                ACTING PRESIDENT BAILEY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BAILEY:   Announce 

17   the results.

18                THE SECRETARY:   Ayes, 63.

19                ACTING PRESIDENT BAILEY:   The bill 

20   is passed.

21                Senator Gianaris, that completes the 

22   reading of the controversial calendar.

23                SENATOR GIANARIS:   Mr. President, 

24   is there any further business at the desk?

25                ACTING PRESIDENT BAILEY:   There is 


                                                               1312

 1   no further business at the desk.

 2                SENATOR GIANARIS:   I move that we 

 3   adjourn until tomorrow, Tuesday, March 9th, at 

 4   3:00 p.m.

 5                ACTING PRESIDENT BAILEY:   On 

 6   motion, the Senate stands adjourned until 

 7   Tuesday, March 9th, at 3:00 p.m.

 8                (Whereupon, at 3:29 p.m., the Senate 

 9   adjourned.)

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