Regular Session - May 29, 2019

                                                                   4171

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 29, 2019

11                      3:48 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               4172

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

 2                ACTING PRESIDENT BENJAMIN:   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 BENJAMIN:   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 BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Tuesday, 

16   May 28, 2019, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, May 26, 

18   2019, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   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:   On page 19, 


                                                               4173

 1   Senator Amedore moves to discharge, from the 

 2   Committee on Environmental Conservation, 

 3   Assembly Bill Number 2225A and substitute it for 

 4   the identical Senate Bill 2157, Third Reading 

 5   Calendar 284.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   substitution is so ordered.

 8                THE SECRETARY:   On page 26, 

 9   Senator Sepúlveda moves to discharge, from the 

10   Committee on Judiciary, Assembly Bill Number 2118 

11   and substitute it for the identical Senate Bill 

12   3891, Third Reading Calendar 494.

13                ACTING PRESIDENT BENJAMIN:   The 

14   substitution is so ordered.

15                THE SECRETARY:   On page 36, 

16   Senator Bailey moves to discharge, from the 

17   Committee on Housing, Construction and Community 

18   Development, Assembly Bill Number 1646 and 

19   substitute it for the identical Senate Bill 2576, 

20   Third Reading Calendar 643.

21                ACTING PRESIDENT BENJAMIN:   The 

22   substitution is so ordered.

23                THE SECRETARY:   On page 42, 

24   Senator Carlucci moves to discharge, from the 

25   Committee on Mental Health and Developmental 


                                                               4174

 1   Disabilities, Assembly Bill Number 6344A and 

 2   substitute it for the identical Senate Bill 5347, 

 3   Third Reading Calendar 739.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   substitution is so ordered.

 6                THE SECRETARY:   On page 45, 

 7   Senator Serrano moves to discharge, from the 

 8   Committee on Corporations, Authorities and 

 9   Commissions, Assembly Bill Number 316 and 

10   substitute it for the identical Senate Bill 1426, 

11   Third Reading Calendar 774.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                Messages from the Governor.

15                Reports of standing committees.

16                Reports of select committees.

17                Communications and reports from 

18   state officers.

19                Motions and resolutions.

20                Senator Gianaris.

21                SENATOR GIANARIS:   Mr. President, 

22   on behalf of Senator Kavanagh, on page 22 I offer 

23   the following amendments to Calendar Number 371, 

24   Senate Print 2301, and ask that said bill retain 

25   its place on Third Reading Calendar.


                                                               4175

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   amendments are received, and the bill shall 

 3   retain its place on the Third Reading Calendar.

 4                SENATOR GIANARIS:   On behalf of 

 5   Senator Martinez, I move to recommit Senate Print 

 6   3426, Calendar Number 235 on the order of third 

 7   reading, to the Committee on Transportation, with 

 8   instructions to said committee to strike the 

 9   enacting clause.

10                ACTING PRESIDENT BENJAMIN:   It is 

11   so ordered.

12                SENATOR GIANARIS:   On behalf of 

13   Senator Savino, I move that the following bill be 

14   discharged from its respective committee and be 

15   recommitted with instructions to strike the 

16   enacting clause:  Senate Bill 6116.

17                ACTING PRESIDENT BENJAMIN:   It is 

18   so ordered.

19                SENATOR GIANARIS:   And on behalf of 

20   Senator Stavisky, I wish to call up Senate Print 

21   3917, recalled from the Assembly, which is now at 

22   the desk.

23                ACTING PRESIDENT BENJAMIN:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               4176

 1   350, Senate Print 3917, by Senator Stavisky, an 

 2   act to amend the General Municipal Law.

 3                SENATOR GIANARIS:   Move to 

 4   reconsider the vote by which this bill was passed.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   Secretary will call the roll on reconsideration.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 55.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is restored to its place on the Third 

11   Reading Calendar.

12                SENATOR GIANARIS:   I offer the 

13   following amendments.  

14                ACTING PRESIDENT BENJAMIN:   The 

15   amendments are received.

16                SENATOR GIANARIS:   Mr. President, 

17   amendments are offered to the following bills on 

18   the Third Reading Calendar:  

19                By Senator Addabbo, page 18, 

20   Calendar Number 231; Senate Print 1974; 

21                By Senator Benjamin, page 21, 

22   Calendar Number 370, Senate Print 211A; 

23                By Senator Bailey, page 25, 

24   Calendar Number 467, Senate Print 1950; 

25                By Senator Benjamin, page 28, 


                                                               4177

 1   Calendar Number 521, Senate Print 456; 

 2                By Senator Thomas, page 31, 

 3   Calendar Number 565, Senate Print 2435; 

 4                By Senator Ramos, page 32, 

 5   Calendar Number 589, Senate Print 4981;

 6                By Senator Stavisky, page 39, 

 7   Calendar Number 695, Senate Print 4469; 

 8                By Senator Sepúlveda, page 40, 

 9   Calendar Number 701, Senate Print 3942; 

10                By Senator Kaplan, page 48, 

11   Calendar Number 802, Senate Print 5647; and 

12                By Senator Gianaris, page 49, 

13   Calendar Number 809, Senate Print 3403.

14                ACTING PRESIDENT BENJAMIN:   The 

15   amendments are received, and the bills shall 

16   retain their place on the Third Reading Calendar.

17                SENATOR GIANARIS:   Please recognize 

18   Senator Griffo.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Griffo.

21                SENATOR GRIFFO:   Mr. President, on 

22   behalf of Senator LaValle, I move that Senate 

23   Bill 3322 be discharged from its respective 

24   committee and be recommitted with instructions to 

25   strike the enacting clause.


                                                               4178

 1                ACTING PRESIDENT BENJAMIN:   It is 

 2   so ordered.

 3                Senator Gianaris.  

 4                SENATOR GIANARIS:   Can we now take 

 5   up previously adopted Resolution 1015, by 

 6   Senator Kennedy, read that resolution's title 

 7   only, and recognize Senator Kennedy.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   Secretary will read.

10                THE SECRETARY:   Senate Resolution 

11   1015, by Senator Kennedy, memorializing Governor 

12   Andrew M. Cuomo to proclaim May 29, 2019, as 

13   Canada Day in the State of New York.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Kennedy on the resolution.

16                SENATOR KENNEDY:   Thank you, 

17   Mr. President.  

18                I rise today to honor the 

19   longstanding relationship between the 

20   United States and Canada and to recognize May 29, 

21   2019, as Canada Day here in the State of 

22   New York.

23                I'd like to take an opportunity to 

24   recognize some distinguished guests who have 

25   joined us here today in the chamber.  We have 


                                                               4179

 1   with us the consul general, Phyllis Yaffe.  

 2   Meaghan Sunderland, the deputy consul for public 

 3   affairs and political economic relations.  

 4   Rachael Homewood, the senior advisor to the 

 5   Canadian Consulate -- also my former legislative 

 6   director and chief of staff in the New York State 

 7   Senate.  Also Ian Todd, Ontario's representative 

 8   to the United States.  

 9                Thank you all for joining us here 

10   today.

11                New York and Canada share deep 

12   economic, historic and cultural ties, in addition 

13   to the largest bilateral tourism industry in the 

14   United States.

15                More than five and a half million 

16   Canadians visit New York every year, accounting 

17   for over $1.6 billion in spending alone.

18                With a shared border measuring 

19   445 miles in length and 17 international border 

20   crossings, including three of the busiest in the 

21   nation, our proximity and partnership has led to 

22   more than 700 Canadian-owned companies putting 

23   down roots in the great State of New York.

24                Those very companies are responsible 

25   for creating more than 72,000 jobs throughout the 


                                                               4180

 1   state, and are reflective of a collaborative, 

 2   innovative foundation for success.

 3                Our economies are tightly linked, 

 4   with Canada serving as New York's primary export 

 5   market to the tune of $12.5 billion in annual 

 6   exports.  In 2016, $1.7 billion in goods and 

 7   services made their way across the U.S.-Canada 

 8   border each and every day.  Exports exchanged 

 9   between the two countries are vast, with top 

10   goods including vehicles and auto parts, 

11   machinery and fuel.  And that list is only 

12   expected to grow in the years to come.

13                In Western New York, our ties to 

14   Canada are a special part of our daily culture.  

15   Every home game, thousands of Canadian fans 

16   stream across the border to cheer on Josh Allen 

17   and the Buffalo Bills at New Era Field.  

18                And let me remind my colleagues that 

19   the Buffalo Bills remain the only New York State 

20   team, Mr. President.  

21                (Laughter.)

22                SENATOR KENNEDY:   That makes us all 

23   diehard Buffalo Bills fans.  Isn't that right, 

24   everybody?  

25                (Reaction from members.)


                                                               4181

 1                SENATOR KENNEDY:   Please, please 

 2   hold back your applause.  

 3                (Laughter.)

 4                SENATOR KENNEDY:   Our triple A 

 5   baseball team, the Buffalo Bisons, is the proud 

 6   affiliate of the Toronto Blue Jays.  And close to 

 7   half of the travelers at the Buffalo Niagara 

 8   International Airport hail from southern Ontario 

 9   and other parts of Canada.  

10                Today the New York State Senate 

11   joins together to recognize our neighbors to the 

12   north, the existing partnership we share, and the 

13   bright future we have ahead of us.

14                Mr. President, thank you very much 

15   for this opportunity.  And if you could please 

16   give our distinguished guests all the courtesies 

17   of the house.

18                Thank you.

19                ACTING PRESIDENT BENJAMIN:   To our 

20   guests from Canada, I welcome you on behalf of 

21   the Senate.  We extend to you all of the 

22   privileges and courtesies of this house.  Please 

23   rise and be recognized.

24                (Standing ovation.)

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               4182

 1   resolution was previously adopted on April 9th.

 2                Senator Gianaris.

 3                SENATOR GIANARIS:   Mr. President, 

 4   can we stick with Senator Kennedy and recognize 

 5   him for an introduction.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Kennedy for an introduction.

 8                SENATOR KENNEDY:   Thank you very 

 9   much, Mr. President.  

10                It's a great honor and privilege of 

11   mine to introduce a group of gentlemen that have 

12   graced us with their presence here in the gallery 

13   here this afternoon.  

14                All the way from Buffalo and Western 

15   New York we have representatives of the Good 

16   Government Club, which is a group of individuals, 

17   most of whom if not all of them come from Italian 

18   heritage and descent.  

19                A tremendous group, an organization 

20   that works very hard throughout the community, 

21   leaders in every aspect of society that come 

22   together and that work across all party lines to 

23   ensure that our government is functioning at 

24   every single level to the level that it should 

25   and the level that our communities across this 


                                                               4183

 1   great state respectively deserve.  

 2                So I just want to take the 

 3   opportunity to thank the members of the 

 4   Good Government Club for being here with us this 

 5   afternoon and look forward to a wonderful evening 

 6   with each and every one of you.  

 7                Thank you so much, Mr. President.  

 8   And if you could once again grant to these 

 9   individuals all the courtesies and privileges of 

10   the house.

11                ACTING PRESIDENT BENJAMIN:   To our 

12   guest from the Good Government Club, I welcome 

13   you on behalf of the Senate.  We extend to you 

14   all of the privileges and courtesies of this 

15   house.  Please also rise and be recognized.

16                (Standing ovation.)

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Gianaris.

19                SENATOR GIANARIS:   Mr. President, 

20   the previous resolution recognizing Canada Day is 

21   open for cosponsorship.

22                ACTING PRESIDENT BENJAMIN:   The 

23   resolution is open for cosponsorship.  Should you 

24   choose not to be a cosponsor of the resolution, 

25   please notify the desk.


                                                               4184

 1                Senator Gianaris.

 2                SENATOR GIANARIS:   Can we now take 

 3   up the reading of the calendar.  

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   172, Senate Print 2705, by Senator Kennedy, an 

 8   act to amend the Executive Law and the 

 9   Agriculture and Markets Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 5.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Little to explain her vote.

19                SENATOR LITTLE:   Thank you, 

20   Mr. President.

21                And I would like to explain my vote 

22   just because I think there's a lot more that 

23   needs to be done about therapy dogs -- and this 

24   one expands to cats -- for persons with a 

25   disability.


                                                               4185

 1                I've had hotel owners talk to me 

 2   that it's very, very difficult when someone comes 

 3   in with a dog -- and they can be any size -- and 

 4   comes up and says, "This is my therapy dog.  I 

 5   need this dog."  They don't have an obvious 

 6   disability, but they claim they have a mental 

 7   disability -- anxiety, depression, things like 

 8   that.  

 9                And then other people see the person 

10   going to the room with a dog and wonder why they 

11   didn't bring their dog too, or their -- and I 

12   can't imagine how you could decide that you could 

13   do this, have a therapy cat in a hotel room and 

14   then rent it out afterwards.

15                So I'm definitely a no vote on this.  

16                But I would really and truly like to 

17   see us look at somehow registering that you have 

18   a therapy animal, dog, and making sure that it's 

19   legitimate and certified and that you have 

20   something to show when you register in a hotel or 

21   a bed-and-breakfast or an inn, because it is 

22   definitely becoming a problem.

23                And therefore I vote no.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Little to be recorded in the negative.


                                                               4186

 1                Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 172, those Senators voting in the 

 4   negative are Senators Akshar, Amedore, Antonacci, 

 5   Flanagan, Griffo, Helming, Jacobs, Jordan, 

 6   Little, Ortt and Ritchie.

 7                Ayes, 47.  Nays, 11.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   207, Senate Print 2979A, by Senator Gaughran, an 

12   act to incorporate the Volunteer Exempt 

13   Firefighter's Benevolent Association of 

14   Huntington Manor and providing for its powers and 

15   duties.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 8.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 58.


                                                               4187

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   266, Senate Print 3599, by Senator Parker, an act 

 5   to amend the Public Service Law and the State 

 6   Finance Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 5.  This 

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

11   shall have become a law.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 266, those Senators voting in the 

19   negative are Senators Akshar, Antonacci, Jacobs, 

20   O'Mara and Ortt.

21                Ayes, 53.  Nays, 5.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   284, Assembly Print Number 2225A, substituted 


                                                               4188

 1   earlier by Assemblymember Cahill, an act to amend 

 2   the Executive Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                Calendar Number 370 is high and will 

16   be laid aside for the day.

17                THE SECRETARY:   Calendar Number 

18   382, Senate Print 3476, by Senator Gallivan, an 

19   act in relation to creating the Jamison Road 

20   Volunteer Fire Benevolent Association, Inc.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 8.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               4189

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   407, Senate Print 2960B, by Senator Kaplan, an 

10   act to amend the Vehicle and Traffic Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

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

15   shall have become a law.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   422, Senate Print 1672A, by Senator Brooks, an 


                                                               4190

 1   act to amend the Mental Hygiene Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

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

 6   shall have become a law.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   423, Senate Print 1674, by Senator Skoufis, an 

17   act to amend the Executive Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on April 1, 2020.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               4191

 1   Ortt to explain his vote.

 2                SENATOR ORTT:   Yes, thank you, 

 3   Mr. President.  

 4                I'm going to be voting no on this.  

 5   It's not because I disagree with the intent of 

 6   the bill.  I suspect the intent of the bill is 

 7   very laudable.  

 8                As someone who was the chair of the 

 9   Mental Health and Developmental disabilities 

10   Committee for four years, we've passed some 

11   really good legislation in this house to help 

12   families and individuals with a developmental 

13   disability.  

14                But we have an entire office for 

15   people with developmental disabilities, scores of 

16   individuals who spend -- their every task is to 

17   try and improve the lives of those who are 

18   affected with a DD or their family members.

19                We also created the Justice Center 

20   several years ago, which was also tasked with 

21   providing oversight of facilities around the 

22   state that were there to serve people with 

23   developmental disabilities.  

24                I don't know that creating another 

25   office, creating more bureaucracy, is the 


                                                               4192

 1   solution.  I think if we're still seeing 

 2   challenges -- and we are -- we have to focus on 

 3   making OPWDD better.  We have to fix the areas 

 4   within these agencies to make the lives of folks 

 5   that they are supposed to serve better.  

 6                I don't think that creating more 

 7   government oversight or more government 

 8   bureaucracy is going to get us any further along 

 9   to what I would assume is the sponsor's goal.

10                I think everyone here shares that 

11   goal.  We all have an obligation to improve the 

12   lives of those who we are tasked with protecting 

13   as well as -- you know, those who have 

14   developmental disabilities, whether it's an 

15   intellectual or a developmental disability or 

16   their families, we have a sacred obligation to do 

17   that.  I just don't think this bill is going to 

18   move the needle at all.  

19                And so for those reasons, 

20   Mr. President, I vote no.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Ortt to be recorded in the negative.

23                Senator Skoufis to explain his vote.

24                SENATOR SKOUFIS:   Thank you very 

25   much, Mr. President.


                                                               4193

 1                And the points of my colleague are 

 2   well-taken, and I share his position that I 

 3   wouldn't want to see duplicative government.

 4                But I do need to point out for my 

 5   colleagues that in no way does this duplicate any 

 6   existing services.  Many years ago there used to 

 7   be a state Office for the Advocate for People 

 8   with Disabilities here in New York State.  It was 

 9   disbanded.  As it stands right now, there is no 

10   place at a state agency level for a person with 

11   physical disabilities to turn to.  

12                And that's what this office is for, 

13   people with physical disabilities.  If you are 

14   deaf, if you are blind, if your mobility is 

15   impaired, there is no agency-level office or 

16   department in our state government for you to 

17   turn to for support and services.  That's what 

18   this bill seeks to reestablish.  

19                My understanding is the Assembly is 

20   also passing this bill today as well.  And I 

21   would encourage my colleagues to support it, and 

22   let's reestablish this important department.  

23                Thank you.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Skoufis to be recorded in the affirmative.


                                                               4194

 1                Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 423, those Senators voting in the 

 4   negative are Senators Antonacci, Flanagan, 

 5   Griffo, Jacobs, Jordan, Little, O'Mara and Ortt.

 6                Ayes, 51.  Nays, 8.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   494, Assembly Print Number 2118, substituted 

11   earlier by Assemblymember Hunter, an act to amend 

12   the Real Property Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Sepúlveda to explain his vote.

22                SENATOR SEPÚLVEDA:   Thank you, 

23   Mr. President, for allowing me to explain my 

24   vote.

25                I want to thank Senator 


                                                               4195

 1   Stewart-Cousins, our leader, for allowing me to 

 2   bring this bill to the floor, and my colleagues 

 3   for supporting it.  

 4                As current law states, individuals 

 5   who experience sudden accidents that lead to a 

 6   drastic disability must continue to pay rent 

 7   while simultaneously seeking alternative housing 

 8   when their current housing no longer accommodates 

 9   them because of their needs and their disability.  

10                If an individual that is disabled 

11   can no longer live independently, then that 

12   person should have the right to leave their 

13   unsuitable housing without having to continue 

14   their lease.

15                This legislation covers any change 

16   in one's disability status that may render their 

17   current housing unsuitable, as well as any 

18   situation where a better option, such as an 

19   assisted living facility or subsidized housing, 

20   becomes available.

21                We want to be able to provide a 

22   situation where someone who's disabled can move 

23   to a residence house or any kind of suitable 

24   housing without having to bear the cost of 

25   continuously paying their rent.


                                                               4196

 1                So as protecting people with 

 2   disabilities is one of our main prioritize, we 

 3   must take action and safeguard their well-being 

 4   and allow them to live in a condition where they 

 5   can thrive.  

 6                I vote affirmatively.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Sepúlveda to be recorded in the affirmative.

 9                Announce the results.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   555, Senate Print 5110, by Senator Harckham, an 

15   act to amend the Agriculture and Markets Law.

16                ACTING PRESIDENT BENJAMIN:   There 

17   is a home-rule message at the desk.

18                Read the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               4197

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 555, those Senators voting in the 

 3   negative are Senators Akshar, Antonacci, Jordan 

 4   and Seward.

 5                Ayes, 56.  Nays, 4.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   569, Senate Print 4159, by Senator Kennedy, an 

10   act to amend the Local Finance Law.

11                ACTING PRESIDENT BENJAMIN:   There 

12   is a home-rule message at the desk.

13                Read the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   601, Senate Print 2244B, by Senator Sanders, an 


                                                               4198

 1   act to amend the Agriculture and Markets Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 6.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   606, Senate Print 3467, by Senator Ritchie, an 

16   act to amend the Public Authorities Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               4199

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   643, Assembly Print Number 1646, substituted 

 6   earlier by Assemblymember Hunter, an act to amend 

 7   the Multiple Residence Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 643, those Senators voting in the 

19   negative are Senators Akshar, Amedore, Gallivan 

20   and Serino.

21                Ayes, 56.  Nays, 4.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   657, Senate Print 5476, by Senator Addabbo, an 


                                                               4200

 1   act to amend the Racing, Pari-Mutuel Wagering and 

 2   Breeding Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   687, Senate Print 1631, by Senator Skoufis, an 

17   act to amend the General Business Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               4201

 1   Skoufis to explain his vote.

 2                SENATOR SKOUFIS:   Thank you very 

 3   much, Mr. President.

 4                In 2013, 18-year-old Anthony Amoros 

 5   from Haverstraw, in Rockland County, was on his 

 6   way to work when he tragically lost his life in a 

 7   car accident.  He died because the air bags in 

 8   his car failed to deploy.  They failed to deploy 

 9   because, unbeknownst to Anthony at the time he 

10   purchased the car, the air bags had been 

11   previously removed.

12                In response to this tragedy, we are 

13   advancing the Anthony Amoros Law today to save 

14   lives and ensure consumers have full knowledge of 

15   an air bag status.  Any car sold at auction will 

16   be required under this bill to disclose a 

17   nonfunctional or nonexistent air bag.  

18                Anthony's family is here today, and 

19   I'm honored to host them in our chamber while we 

20   pass this lifesaving bill named after their 

21   beloved son and family member.  With us are his 

22   parents, Alberto and Ivis Amoros, and his 

23   brother, Anthony's brother, Angelo Amoros.

24                I wanted to thank each of them for 

25   turning an unthinkable tragedy into a crusade to 


                                                               4202

 1   save other New Yorkers.  You all got us to this 

 2   point, and an entire state will soon benefit from 

 3   your unyielding commitment.  

 4                Thank you, Mr. President.  I vote in 

 5   the affirmative.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Skoufis to be recorded in the affirmative.

 8                Senator Carlucci to explain his 

 9   vote.

10                SENATOR CARLUCCI:   Thank you, 

11   Mr. President.

12                I want to thank Senator Skoufis for 

13   passing this important legislation today and, 

14   most importantly, thank the Amoros family for 

15   your dedication, your commitment, for taking this 

16   tragedy and turning it around to make sure that 

17   other families don't have to suffer the way that 

18   you have.

19                So I just want to thank you for your 

20   commitment.  For those of you that don't know, 

21   the Amoros family has been a driving force in 

22   fighting to make sure that awareness is made, and 

23   safety, in protecting people in these types of 

24   situations.  So I want to thank the Amoros family 

25   for their commitment to our community, for the 


                                                               4203

 1   work that you've done.  

 2                Thanks, Senator Skoufis, for passing 

 3   this legislation, and all of my colleagues for 

 4   supporting it.  I'll be voting in the 

 5   affirmative.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Carlucci to be recorded in the affirmative.

 9                Announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar Number 687, those Senators voting in the 

12   negative are Senators Amedore, Antonacci, 

13   Gallivan, Helming, Jordan, Ranzenhofer, Ritchie, 

14   Serino and Seward.

15                Ayes, 51.  Nays, 9.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                Calendar 695 is high and will be 

19   laid aside for the day.

20                THE SECRETARY:   Calendar Number 

21   719, Senate Print 1650, by Senator Skoufis, an 

22   act to amend the Civil Rights Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4204

 1   act shall take effect July 1, 2020.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 719, those Senators voting in the 

 9   negative are Senators Akshar, Amedore, Antonacci 

10   and Lanza.

11                Ayes, 56.  Nays, 4.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   720, Senate Print 1821, by Senator Rivera, an act 

16   to amend the Social Services Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

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

21   shall have become a law.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               4205

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 720, voting in the negative:  

 4   Senator Seward.  

 5                Ayes, 59.  Nays, 1.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   728, Senate Print 4080B, by Senator Savino, an 

10   act to amend the Labor Law and the State Finance 

11   Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Savino to explain her vote.

21                SENATOR SAVINO:   Thank you, 

22   Mr. President.

23                This day has been a long time 

24   coming.  New York State is certainly behind 30 

25   other states in developing a rigorous licensing 


                                                               4206

 1   standard for elevator repairmen and mechanics and 

 2   developing safety standards so that all 

 3   New Yorkers can feel safe when they get into an 

 4   elevator or onto a people-mover or an escalator.

 5                This bill has been kicking around 

 6   this Legislature for a very long time.  At one 

 7   point it had 51 sponsors in this body and still 

 8   could not get to the floor of this Legislature.

 9                Senator Krueger was the original 

10   sponsor of this bill.  Senator Bonacic carried it 

11   for years.  I'm looking at Senator Boyle; he's 

12   got a smile on his face because he knows it's 

13   finally coming to the floor.  

14                There are so many people whose lives 

15   are going to be improved by this, not just people 

16   who ride on elevators -- and by the way, New York 

17   City has more elevators than any city in the 

18   country -- but the people who work there.  

19                Of the many deaths that occur and 

20   injuries that occur in the construction industry, 

21   there are none more than on elevators.  I just 

22   want to give you some statistics.  

23                Between 1992 and 2009, of all 

24   workers that were injured or killed on the job, 

25   elevator construction operators were 10 times the 


                                                               4207

 1   number of everybody else.  That's how dangerous 

 2   this work is.

 3                And finally we are going to be 

 4   establishing a standard statewide and for the 

 5   City of New York as well so that we are licensing 

 6   them, we are making sure that they are trained 

 7   properly, that they know what they're doing, that 

 8   they are safe on the job and that we are safe 

 9   when we step onto an elevator or an escalator or 

10   a people-mover.

11                I want to thank all of my colleagues 

12   who helped move this bill to the floor.  It's 

13   been a long time coming.  Now we've got to get it 

14   through the Assembly and we will finally get it 

15   passed and New York State will be a leader again 

16   in safety for workers and for everyone.

17                Thank you, Mr. President.  

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Savino to be recorded in the affirmative.

20                Announce the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   739, Assembly Bill Number 6344A, substituted 


                                                               4208

 1   earlier by Assemblymember Gunther, an act in 

 2   relation to making available information 

 3   regarding the process for individuals to obtain 

 4   eligibility for services offered by the Office 

 5   for People With Developmental Disabilities.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

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

10   shall have become a law.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   747, Senate Print 3675, by Senator Gounardes, an 

21   act to amend the Retirement and Social Security 

22   Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               4209

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   750, Senate Print 4488A, by Senator Gounardes, an 

12   act to amend the Administrative Code of the City 

13   of New York.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 5.  This 

17   act shall take effect on July 1, 2019.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 60.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               4210

 1                THE SECRETARY:   Calendar Number 

 2   759, Senate Print 4269, by Senator Rivera, an act 

 3   to amend the Public Health Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   774, Assembly Print Number 316, substituted 

18   earlier by Assemblymember Seawright, an act to 

19   amend the Public Authorities Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               4211

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   824, Senate Print 5538, by Senator Brooks, an act 

 9   directing the commissioner of the Office for 

10   People with Developmental Disabilities to conduct 

11   a study on the feasibility of allowing the use of 

12   debit cards.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                Senator Gianaris, that completes the 


                                                               4212

 1   reading of today's calendar.

 2                SENATOR GIANARIS:   Mr. President, 

 3   can we return to motions.  

 4                On behalf of Senator Ramos, on 

 5   page 35 I offer the following amendments to 

 6   Calendar 639, Senate Print 4030, and ask that 

 7   said bill retain its place on the Third Reading 

 8   Calendar.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   amendments are received, and the bill shall 

11   retain its place on the Third Reading Calendar.

12                SENATOR GIANARIS:   Is there any 

13   further business at the desk today?  

14                ACTING PRESIDENT BENJAMIN:   There 

15   is no further business at the desk.

16                SENATOR GIANARIS:   I move to 

17   adjourn until tomorrow, Thursday, May 30th, at 

18   11:00 a.m.

19                ACTING PRESIDENT BENJAMIN:   On 

20   motion, the Senate stands adjourned until 

21   Thursday, May 30th, at 11:00 a.m.

22                (Whereupon, at 4:20 p.m., the Senate 

23   adjourned.)

24

25