Regular Session - January 26, 2021
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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 January 26, 2021
11 11:08 a.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, Monday,
16 January 25, 2021, the Senate met pursuant to
17 adjournment. The Journal of Sunday, January 24,
18 2021, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT PERSAUD: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Kaminsky
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1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 956 and substitute it for
3 the identical Senate Bill 891, Third Reading
4 Calendar 44.
5 ACTING PRESIDENT PERSAUD: The
6 substitution is so ordered.
7 THE SECRETARY: Senator Skoufis
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 1252 and substitute it for
10 the identical Senate Bill 903, Third Reading
11 Calendar 56.
12 ACTING PRESIDENT PERSAUD: The
13 substitution is so ordered.
14 THE SECRETARY: Senator Savino
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 1251 and substitute it for
17 the identical Senate Bill 1298, Third Reading
18 Calendar 69.
19 ACTING PRESIDENT PERSAUD: The
20 substitution is so ordered.
21 Messages from the Governor.
22 Reports of standing committees.
23 Reports of select committees.
24 Communications and reports from
25 state officers.
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1 Motions and resolutions.
2 Senator Gianaris.
3 SENATOR GIANARIS: Thank you,
4 Madam President. Welcome to the rostrum.
5 On behalf of Senator Parker, on
6 page 17 I offer the following amendments to
7 Calendar 116, Senate Print 1453, and ask that
8 said bill retain its place on Third Reading
9 Calendar.
10 ACTING PRESIDENT PERSAUD: The
11 amendments are received, and the bill shall
12 retain its place on the Third Reading Calendar.
13 SENATOR GIANARIS: At this point I
14 move to adopt the Resolution Calendar.
15 ACTING PRESIDENT PERSAUD: All in
16 favor of adopting the Resolution Calendar please
17 signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT PERSAUD: Opposed,
20 nay.
21 (No response.)
22 ACTING PRESIDENT PERSAUD: The
23 Resolution Calendar is adopted.
24 Senator Gianaris.
25 SENATOR GIANARIS: Thank you,
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1 Madam President.
2 At this time can we take up
3 previously adopted Resolution 133, by
4 Senator Persaud, read that resolution's title
5 only, and recognize Senator Jackson on the
6 resolution.
7 ACTING PRESIDENT PERSAUD: The
8 Secretary will read.
9 THE SECRETARY: Senate Resolution
10 133, by Senator Persaud, recognizing January 24,
11 2021, as International Day of Education.
12 ACTING PRESIDENT PERSAUD: Senator
13 Jackson on the resolution.
14 SENATOR JACKSON: Thank you,
15 Madam President. My colleagues, good morning to
16 everyone.
17 I rise to speak in support of our
18 colleague Senator Persaud's -- who is acting
19 president right now -- resolution.
20 Education is a human right. And my
21 esteemed colleagues, education is the key to
22 uplift all people -- not just in New York State,
23 not just in the United States of America, but
24 around the world.
25 Many of you know that I have been
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1 fighting almost my entire adult life for the
2 children of New York State to be able to receive
3 a quality education no matter what they look
4 like, who their parents are, what zip code they
5 live in. I wish the same for all children around
6 the world.
7 Education has twin impacts of
8 personal betterment and societal benefit and
9 contributes to poverty reduction and greater
10 equality. It is how we come to know ourselves
11 and our world and how we begin to make a
12 difference in it. It is the goal and objective
13 of many educators around the world who dedicate
14 their lives to the noble profession of teaching.
15 We as elected public officials must
16 support education with our words, our deeds, and
17 of course our funding.
18 Madam President and my colleagues, I
19 wholeheartedly support this resolution and
20 proudly vote to recognize January 24, 2021, as
21 International Day of Education. And I thank my
22 colleague Senator Persaud for introducing the
23 resolution.
24 ACTING PRESIDENT PERSAUD: The
25 resolution was previously adopted on
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1 January 20th.
2 Senator Gianaris.
3 SENATOR GIANARIS: Thank you,
4 Madam President.
5 At the request of the sponsor, this
6 resolution is open for cosponsorship.
7 ACTING PRESIDENT PERSAUD: The
8 resolution is open for cosponsorship. Should you
9 choose not to be a cosponsor of the resolution,
10 please notify the desk.
11 Senator Gianaris.
12 SENATOR GIANARIS: Can we now take
13 up the calendar.
14 ACTING PRESIDENT PERSAUD: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number 39,
17 Senate Print 886, by Senator Rivera, an act to
18 amend the Social Services Law and the Public
19 Health Law.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the same date and in the
2 same manner as a chapter of the Laws of 2020.
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 THE SECRETARY: Calendar Number 40,
12 Senate Print 887, by Senator Hoylman, an act to
13 amend a chapter of the Laws of 2020.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the same date and in the
18 same manner as a chapter of the Laws of 2020.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 40, those Senators voting in the
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1 negative are Senators Akshar, Jordan, Palumbo,
2 Rath and Weik.
3 Ayes, 58. Nays, 5.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number 44,
7 Assembly Print Number 956, substituted earlier by
8 Assemblymember Jean-Pierre, an act to amend the
9 Alcoholic Beverage Control Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 8. This
13 act shall take effect on the same date and in the
14 same manner as a chapter of the Laws of 2020.
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 56,
24 Assembly Print Number 1252, substituted earlier
25 by Assemblymember Gunther, an act to amend the
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1 Insurance Law.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the same date and in the
6 same manner as a chapter of the Laws of 2020.
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 69,
16 Assembly Print Number 1251, substituted earlier
17 by Assemblymember Reyes, an act to amend the
18 Workers' Compensation Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number 74,
7 Senate Print 1303, by Senator Salazar, an act to
8 amend the Public Health Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 8. This
12 act shall take effect immediately.
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
22 134, Senate Print 1632, by Senator Mayer, an act
23 to amend the Election Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
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1 THE SECRETARY: Section 3. 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: In relation to
9 Calendar Number 134, those Senators voting in the
10 negative are Senators Borrello, Boyle, Griffo,
11 Helming, Jordan, Martucci, Mattera, Oberacker,
12 Ortt, Palumbo, Rath, Ritchie, Serino, Stec,
13 Tedisco and Weik.
14 Ayes, 47. Nays, 16.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 135, Senate Print 1644, by Senator Cooney, an act
19 to amend the Election Law.
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.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Senator
3 Cooney to explain his vote.
4 SENATOR COONEY: Thank you,
5 Madam President.
6 This legislation will impact and
7 affect our senior citizen population, one of the
8 most vulnerable populations during this pandemic,
9 by giving them the right to vote via absentee
10 ballot.
11 And I rise to share a personal
12 story, if I will, that just seven years ago my
13 own mother was in a nursing home in my home
14 district in Rochester, Episcopal SeniorLife
15 Communities. And despite needing advanced care,
16 she still wanted to participate in her community.
17 And this legislation will allow seniors like my
18 mother, and others who want to participate, to
19 safely do so.
20 Now, it's not lost on me as I stand
21 here in this beautiful chamber, as a new Senator
22 in the back row, first time speaking on a bill,
23 that it's being done so as to enable people,
24 New Yorkers, to exercise their right to vote.
25 And that's what makes this country so great.
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1 You see, I'm a kid who was adopted
2 from an Indian orphanage, raised by a single
3 parent. And now to be, as a new State Senator --
4 a great privilege, as an American and as a
5 New Yorker. And voting is that fundamental part
6 of our democracy which allows that opportunity
7 for me and so many other New Yorkers to happen.
8 So I'm grateful for the opportunity
9 to support this legislation, and I hope that
10 future elections this year, despite this
11 challenging period, will allow seniors to fully
12 participate in our democracy.
13 I want to thank Andrea
14 Stewart-Cousins, our leader, and our Elections
15 chair, Zellnor Myrie, for their leadership in
16 bringing this important legislation to the floor.
17 So thank you.
18 ACTING PRESIDENT PERSAUD: Senator
19 Cooney to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: In relation to
22 Calendar 135, voting in the negative:
23 Senator Helming.
24 Ayes, 62. Nays, 1.
25 ACTING PRESIDENT PERSAUD: The bill
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1 is passed.
2 Senator Gianaris.
3 SENATOR GIANARIS: Madam President,
4 let's pause to congratulate Senator Cooney on
5 passing his first bill.
6 (Standing ovation.)
7 THE SECRETARY: Calendar Number
8 136, Senate Print 1705A, by Senator Hinchey, an
9 act to amend the Election Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 Senator Gianaris.
23 SENATOR GIANARIS: Madam President,
24 we have a large class of freshmen this year, so
25 we're going to be doing this a lot, we hope. But
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1 let's congratulate Senator Hinchey on passing her
2 first bill as well.
3 (Standing ovation.)
4 THE SECRETARY: Calendar Number
5 143, Senate Print 2733, by Senator May, an act to
6 amend the Election Law.
7 SENATOR BOYLE: Lay it aside.
8 ACTING PRESIDENT PERSAUD: Lay it
9 aside.
10 Senator Gianaris, that completes the
11 reading of today's calendar.
12 SENATOR GIANARIS: Can we now move
13 to the reading of the controversial calendar.
14 ACTING PRESIDENT PERSAUD: The
15 Secretary will ring the bell.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 143, Senate Print 2733, by Senator May, an act to
19 amend the Election Law.
20 ACTING PRESIDENT PERSAUD: Senator
21 Boyle, why do you rise?
22 SENATOR BOYLE: Madam President, I
23 believe there's an amendment at the desk. I
24 waive the reading of that amendment and ask that
25 you recognize Senator Borrello to be heard.
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1 ACTING PRESIDENT PERSAUD: Thank
2 you, Senator Boyle.
3 Upon review of the amendment, in
4 accordance with Rule 6, Section 4B, I rule it
5 nongermane and out of order at this time.
6 SENATOR BOYLE: Accordingly,
7 Madam President, I appeal the ruling of the chair
8 and ask that Senator Borrello be recognized.
9 ACTING PRESIDENT PERSAUD: The
10 appeal has been made and recognized, and Senator
11 Borrello may be heard.
12 SENATOR BORRELLO: Thank you,
13 Madam President. It's nice to see you up there.
14 Madam President, we appeal the
15 ruling of the chair because this proposed
16 amendment is clearly germane to S2733, the bill
17 before the house that we seek to amend. Both
18 Senator May's bill and the amendment concern
19 issues related to the state's political calendar.
20 On March 14, 2020, just 12 -- I'm
21 sorry? Okay. On March 14, 2020, just 12 days
22 after the Legislature enacted Chapter 23 of the
23 Laws of 2020 to vest Governor Cuomo with
24 unprecedented emergency powers to suspend laws
25 and issue directives, he issued his third
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1 executive order, 202.2, to amend Article 6 of the
2 Election Law to reduce required numbers of
3 signatures on petitions, pursuant to
4 Section 6-136 of such law, to 1.5 percent of the
5 enrolled voters required, or 30 percent of the
6 stated threshold, whichever is less, and to
7 shorten the period for collection of petition
8 signatures, suspending such on Tuesday, March 17,
9 2020, at 5:00 p.m.
10 This executive order, 202.2,
11 authorized by the same provisions our amendment
12 now seeks to repeal, amended the exact same
13 sections of the law and took the exact same
14 action as Senator May's bill. Clearly germane,
15 our amendment seeks now to return balance to the
16 legislative process, state government, and our
17 State Constitution.
18 When true emergencies exist, the
19 Legislature and the Executive often come together
20 to offer a combined front to combat them. That
21 was the intent of the Legislature on March 2,
22 2020, nearly 11 months ago. Not knowing the
23 extent of the coronavirus and its impact,
24 Governor Cuomo asked for and was given sweeping
25 new powers -- not just powers to suspend law,
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1 which he had already enjoyed prior to that, for
2 nearly 50 years, but now the constitutionally
3 circumspect power to also make his own laws as
4 well -- merging all powers in the state
5 government into one person.
6 Article 3 of our State Constitution
7 vests the legislative power of the State of
8 New York exclusively in the Senate and Assembly.
9 The Senate and the Assembly cannot transfer this
10 legislative power, the power to make laws, to any
11 other person or branch of government. But that's
12 exactly what was done on March 2nd of 2020. It
13 was done in good faith to try and combat an
14 unknown emergency -- which our Constitution
15 expressly says cannot be transferred -- but to
16 offer this to the Executive at his request
17 because it was unknown as to whether or not the
18 Legislature could meet or effectively operate
19 while the coronavirus raged in our state.
20 But since that time, two things have
21 become eminently clear. First, this Legislature
22 can and has continued to function during this
23 crisis, passing legislation and meeting, albeit
24 sometimes in new ways with technology.
25 And secondly, sadly, the Governor
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1 has taken advantage of this good faith to not
2 only address the COVID-19 crisis but also to
3 advance his own political policies and ideas,
4 many of which have nothing to do with this
5 pandemic, and many others of which have caused
6 great harm, from questionable nursing home
7 actions to select and unfair business closings
8 and to disenfranchising thousands of New Yorkers
9 with changes to the Election Law.
10 The time for this constitutionally
11 circumspect delegation of legislative powers must
12 come to an end. It's time for the Legislature to
13 reassert itself and reclaim its constitutional
14 authority and obligations. That is exactly what
15 this amendment will do. It will repeal the
16 ability of the Governor to make laws on his own
17 without the Legislature.
18 Madam President, we live in a
19 republic, not a monarchy. We need to do our jobs
20 as members that are duly elected to this
21 Legislature, and not to cede this power to the
22 Governor for political expediency. It's time for
23 us to return to the constitutional obligation
24 that we have to be a separate, coequal branch of
25 government, and that's what this amendment will
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1 do.
2 Thank you, Madam President.
3 ACTING PRESIDENT PERSAUD: Thank
4 you, Senator.
5 I want to remind the house that the
6 vote is on the procedures of the house and the
7 ruling of the chair.
8 Those in favor of overriding the
9 chair signify by saying aye.
10 SENATOR BOYLE: Request a show of
11 hands.
12 SENATOR GIANARIS: Madam President,
13 we've agreed to waive the showing of hands and
14 record each member of the Minority in the
15 affirmative.
16 ACTING PRESIDENT PERSAUD: Without
17 objection, so ordered.
18 Announce the results.
19 THE SECRETARY: Ayes, 20.
20 ACTING PRESIDENT PERSAUD: The
21 ruling of the chair stands, and the bill-in-chief
22 is before the house.
23 Are there any other Senators wishing
24 to be heard?
25 Seeing and hearing none, debate is
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1 closed. The Secretary will ring the bell.
2 Read the last section.
3 THE SECRETARY: Section 4. 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: Senator
9 May to explain her vote.
10 SENATOR MAY: Thank you,
11 Madam President.
12 And I want to thank the leadership
13 of the Senate and of the Assembly for coming
14 together to make sure that this important bill
15 comes to a vote today. And to the Senate staff,
16 to Shontell Smith and Chris Higgins, for working
17 so hard on it, and the bill drafter, who came in
18 at 10 o'clock on Saturday night to make sure it
19 got in on time, I'm very grateful.
20 As you know, we have passed a lot of
21 laws in the last two years to make it easier for
22 New Yorkers to vote and to make it easier to know
23 that our votes will be counted. But none of that
24 matters if there's nobody on the ballot.
25 The typical way that candidates get
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1 on the ballot is armies of volunteers go out,
2 door to door, and collect signatures. And that
3 is seriously unadvisable right now in a pandemic;
4 in fact, it would be dangerous.
5 So this bill reduces the threshold
6 for signatures to 30 percent of what it normally
7 would be, in the hope that people can collect
8 those signatures safely.
9 I, for example, on my Democratic
10 Committee, usually have to collect 20 signatures
11 per candidate. If I only have to collect four or
12 five, I can do that in my immediate family and
13 close circle of friends without jeopardizing
14 myself or them.
15 So our hope is that this will be a
16 way for people to get on the ballot safely and
17 for voters to have choices on the ballot when the
18 elections arrive.
19 So thank you very much. I vote aye.
20 ACTING PRESIDENT PERSAUD: Senator
21 May will be recorded in the affirmative.
22 Senator Jackson to explain his vote.
23 SENATOR JACKSON: Thank you,
24 Madam President.
25 My colleagues, I rise to explain my
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1 support for my colleague Senator May, who we just
2 heard from, her bill to reduce the number of
3 signatures and the time frame to collect
4 signatures.
5 And in the shadow of the COVID-19
6 pandemic, the primary concern should be about our
7 constituents' health and safety. The national
8 health crisis in 2020 pushed us to make changes
9 to our electoral laws to protect the public.
10 We've also come together to make ongoing changes
11 this year, based on what we've learned so far.
12 And that's a good thing.
13 In response to the lessons we
14 learned from last year due to the ongoing
15 pandemic, I support this bill to reduce the
16 number of signatures statewide for designating
17 petitions.
18 And don't get me wrong, I love to
19 petition outside and talk to people. It's an
20 exciting time to engage my constituents in the
21 democratic electoral process. But my district
22 includes neighborhoods in Northern Manhattan of
23 Inwood and Washington Heights where the COVID-19
24 rate has been the highest in the borough, and
25 this is not the time to force large amounts of
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1 in-person interactions.
2 And we must allow the campaigns to
3 safely coordinate the process of collecting
4 signatures while respecting public health
5 guidelines. My constituents and all candidates
6 running within the 31st Senatorial District, and
7 beyond, will appreciate this commonsense bill.
8 Madam President, I vote aye on the
9 bill.
10 ACTING PRESIDENT PERSAUD: Senator
11 Jackson to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 Senator Gianaris, that completes the
17 reading of the controversial calendar.
18 SENATOR GIANARIS: Thank you,
19 Madam President.
20 Is there any further business at the
21 desk?
22 ACTING PRESIDENT PERSAUD: There is
23 no further business at the desk.
24 SENATOR GIANARIS: In that case I
25 move to adjourn until Monday, February 1st, at
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1 3:00 p.m., intervening days being legislative
2 days.
3 ACTING PRESIDENT PERSAUD: On
4 motion, the Senate stands adjourned until Monday,
5 February 1st, at 3:00 p.m., intervening days
6 being legislative days.
7 (Whereupon, at 11:30 a.m., the
8 Senate adjourned.)
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