Regular Session - June 6, 2019
4739
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 6, 2019
11 11:23 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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21
22
23
24
25
4740
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 I ask that we please keep in our
12 thoughts and prayers the West Point cadet who
13 died and the cadets and trainers who were injured
14 this morning, as well as their families.
15 (Whereupon, the assemblage respected
16 a moment of silence.)
17 ACTING PRESIDENT BENJAMIN: Reading
18 of the Journal.
19 THE SECRETARY: In Senate,
20 Wednesday, June 5, 2019, the Senate met pursuant
21 to adjournment. The Journal of Tuesday, June 4,
22 2019, was read and approved. On motion, Senate
23 adjourned.
24 ACTING PRESIDENT BENJAMIN: Without
25 objection, the Journal stands approved as read.
4741
1 Presentation of petitions.
2 Messages from the Assembly.
3 The Secretary will read.
4 THE SECRETARY: On page 11,
5 Senator Skoufis moves to discharge, from the
6 Committee on Rules, Assembly Bill Number 4654A
7 and substitute it for the identical Senate Bill
8 1660A, Third Reading Calendar 313.
9 ACTING PRESIDENT BENJAMIN: The
10 substitution is so ordered.
11 THE SECRETARY: On page 39,
12 Senator Kavanagh moves to discharge, from the
13 Committee on Rules, Assembly Bill Number 7606 and
14 substitute it for the identical Senate Bill 5839,
15 Third Reading Calendar 904.
16 ACTING PRESIDENT BENJAMIN: The
17 substitution is so ordered.
18 THE SECRETARY: On page 41,
19 Senator Gounardes moves to discharge, from the
20 Committee on Rules, Assembly Bill Number 7502 and
21 substitute it for the identical Senate Bill 5831,
22 Third Reading Calendar 927.
23 ACTING PRESIDENT BENJAMIN: The
24 substitution is so ordered.
25 THE SECRETARY: On page 42,
4742
1 Senator Carlucci moves to discharge, from the
2 Committee on Rules, Assembly Bill Number 7346 and
3 substitute it for the identical Senate Bill
4 Number 5316, Third Reading Calendar 938.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 THE SECRETARY: On page 51,
8 Senator Mayer moves to discharge, from the
9 Committee on Rules, Assembly Bill Number 7568 and
10 substitute it for the identical Senate Bill 5603,
11 Third Reading Calendar 1051.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 THE SECRETARY: On page 52,
15 Senator Gaughran moves to discharge, from the
16 Committee on Judiciary, Assembly Bill Number 6149
17 and substitute it for the identical Senate Bill
18 Number 4122, Third Reading Calendar 1062.
19 ACTING PRESIDENT BENJAMIN: The
20 substitution is so ordered.
21 THE SECRETARY: On page 52,
22 Senator Hoylman moves to discharge, from the
23 Committee on Rules, Assembly Bill Number 4745A
24 and substitute it for the identical Senate Bill
25 Number 5776, Third Reading Calendar 1070.
4743
1 ACTING PRESIDENT BENJAMIN: The
2 substitution is so ordered.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 Senator Gianaris.
10 SENATOR GIANARIS: Mr. President, I
11 offer amendments to the following Third Reading
12 Calendar bills.
13 On page 25, on behalf of
14 Senator Kaplan, Calendar Number 658, Senate Print
15 5481;
16 On page 28, on behalf of
17 Senator Salazar, Calendar Number 723,
18 Senate Print 3427;
19 On page 55, on behalf of
20 Senator Hoylman, Calendar Number 1100,
21 Senate Print 2912A;
22 And on page 59, on behalf of
23 Senator Metzger, Calendar Number 1199,
24 Senate Print 5822.
25 ACTING PRESIDENT BENJAMIN: The
4744
1 amendments are received, and the bills shall
2 retain their place on the Third Reading Calendar.
3 SENATOR GIANARIS: On behalf of
4 Senator Carlucci, I call up Senate Print 4467,
5 recalled from the Assembly, which is now at the
6 desk.
7 ACTING PRESIDENT BENJAMIN: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 300, Senate Print 4467, by Senator Carlucci, an
11 act to establish a black youth suicide prevention
12 task force.
13 SENATOR GIANARIS: Move to
14 reconsider the vote by which this bill was
15 passed.
16 ACTING PRESIDENT BENJAMIN: The
17 Secretary will call the roll on reconsideration.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 55.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is restored to its place on the Third
22 Reading Calendar.
23 SENATOR GIANARIS: I offer the
24 following amendments.
25 ACTING PRESIDENT BENJAMIN: The
4745
1 amendments are received.
2 SENATOR GIANARIS: On behalf of
3 Senator Martinez, please call up Senate Print
4 5807, recalled from the Assembly, which is now at
5 the desk.
6 ACTING PRESIDENT BENJAMIN: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 1017, Senate Print 5807, by Senator Martinez, an
10 act to amend the Agriculture and Markets Law.
11 SENATOR GIANARIS: Move to
12 reconsider the vote by which the bill was passed.
13 ACTING PRESIDENT BENJAMIN: The
14 Secretary will call the roll on reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 55.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is restored to its place on the Third
19 Reading Calendar.
20 SENATOR GIANARIS: I offer the
21 following amendments.
22 ACTING PRESIDENT BENJAMIN: The
23 amendments are received.
24 SENATOR GIANARIS: Mr. President, I
25 move that the following bills be discharged from
4746
1 their respective committees and be recommitted
2 with instructions to strike the enacting clause:
3 Senate Bills 3988, 4164 and 2925, by
4 Senator Stavisky;
5 Senate 6234, by Senator Addabbo;
6 Senate 3312, by Senator Sanders;
7 And Senate 2289, by Senator
8 Gianaris.
9 ACTING PRESIDENT BENJAMIN: It is
10 so ordered.
11 SENATOR GIANARIS: Please call on
12 Senator Ritchie.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Ritchie.
15 SENATOR RITCHIE: Mr. President, on
16 behalf of Senator Jacobs, I move to recommit
17 Senate Print Number 4660, Calendar Number 392 on
18 the order of third reading, to the Committee on
19 Alcoholism and Drug Abuse, with instructions to
20 said committee to strike out the enacting clause.
21 ACTING PRESIDENT BENJAMIN: It is
22 so ordered.
23 SENATOR RITCHIE: Mr. President, on
24 behalf of Senator Flanagan, I move that the
25 following bill be discharged from its respective
4747
1 committee and be recommitted with instructions to
2 strike the enacting clause: Senate Number 957.
3 ACTING PRESIDENT BENJAMIN: It is
4 so ordered.
5 Senator Gianaris.
6 SENATOR GIANARIS: Mr. President,
7 at this time can we please call an immediate
8 meeting of the Rules Committee in Room 332. But
9 we will proceed with business on the floor while
10 that takes place.
11 ACTING PRESIDENT BENJAMIN: There
12 will be an immediate meeting of the Rules
13 Committee in Room 332.
14 Senator Gianaris.
15 SENATOR GIANARIS: Okay, can you
16 now please take up previously adopted
17 Resolution 1128, by Senator Kennedy, read its
18 title only, and recognize Senator Kennedy.
19 ACTING PRESIDENT BENJAMIN: The
20 Secretary will read.
21 THE SECRETARY: Senate Resolution
22 1128, by Senator Kennedy, commemorating the
23 75th Anniversary of the D-Day Invasion on June 6,
24 2019.
25 ACTING PRESIDENT BENJAMIN: Senator
4748
1 Kennedy on the resolution.
2 SENATOR KENNEDY: Thank you,
3 Mr. President.
4 Before I begin my remarks, I want to
5 acknowledge the accident we're just beginning to
6 learn about that took place at a training area
7 near West Point. As you have already mentioned.
8 Mr. President, there have been reports of a
9 tactical vehicle carrying at least 20 cadets
10 flipping over --
11 ACTING PRESIDENT BENJAMIN: Order
12 in the chamber, please.
13 SENATOR KENNEDY: -- with at least
14 one cadet lost.
15 As we remember the heroes of the
16 past, it's also important to keep those serving
17 today at home and overseas in our thoughts and
18 prayers.
19 I rise, Mr. President, to
20 commemorate one of the greatest military
21 accomplishments in the history of the world, and
22 to honor the brave soldiers of the Allied Forces
23 in World War II who sacrificed so much to
24 safeguard our freedom.
25 On this day in 1944, 75 years ago
4749
1 today, five infantry divisions -- two American,
2 two British, and one Canadian -- stormed the
3 beaches of Normandy, France, and changed the
4 course of human history.
5 Planned for more than two years and
6 led by United States Major General Omar Bradley
7 and British General Miles Dempsey, the invasion
8 was supported by an overwhelming force: More
9 than 13,000 fighter, bomber and transport
10 aircraft that flew over 200,000 sorties; 6500
11 ships and landing aircraft which landed nearly
12 200,000 vehicles and 600,000 tons of supplies in
13 the first three weeks of the operation.
14 Supreme Commander of the Allied
15 Forces General Dwight D. Eisenhower set the date
16 for the invasion on May 17th, nearly three weeks
17 in advance, for June 5th, not June 6th. But as
18 troops began embarking from English ports for
19 Normandy -- an armada of 3,000 landing crafts,
20 2500 ships and 500 naval vessels -- bad weather
21 set in, threatening dangerous landing conditions.
22 After intense debate, the commanders decided on a
23 24-hour delay, requiring the recall of some of
24 the ships already at sea.
25 On June 6th, the following day, the
4750
1 operation moved ahead. And by June 12th, the
2 American forces were able to capture Carentan, a
3 small rural town near the northeastern base of
4 the French Cotentin Peninsula. By June 28th, the
5 last bastion in the heavily fortified city of
6 Cherbourg fell, and the clearance of the port
7 began. By September 1944, all but a fraction of
8 France had been liberated, and British and
9 Canadian forces occupied Belgium, part of the
10 Netherlands, and had reached the German frontier.
11 Today we look back and give thanks
12 for these soldiers who risked and gave their
13 lives so we can continue enjoying the freedom
14 that we have today.
15 We remember the leadership of the
16 president of the United States and commander in
17 chief -- and a New York State Senator -- Franklin
18 Delano Roosevelt, who took decisive action to
19 fight the greatest threat the world has ever
20 faced. It reminds us, especially during the
21 international climate of isolationism and
22 nationalism that exists today, of the importance
23 of global alliances.
24 It also should be a reminder that
25 the threat of extremism, Nazism, and hate
4751
1 continues to exist today, and we must do
2 everything we can as a country and international
3 community to fight against intolerance,
4 antisemitism, and bigotry.
5 Today let us celebrate the
6 tremendous victory of the Allied Forces on
7 June 6, 1944, and use that historic moment to
8 give us strength as Americans to ensure the
9 forces that perpetuated the evil of World War II
10 never rise up again.
11 With that, Mr. President, I vote
12 aye.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Ortt on the resolution.
15 SENATOR ORTT: Thank you,
16 Mr. President.
17 I want to thank the sponsor of the
18 resolution and the Majority for bringing this
19 resolution forward.
20 It's unfortunate that on this day we
21 have to start with the loss of another American
22 soldier, a cadet at West Point, when we just saw
23 the cadets here in this chamber not long ago.
24 And you think about how old those cadets are, it
25 breaks your heart, because there's a family today
4752
1 that is one member less and a country that has
2 lost another brave American. So that's
3 unfortunate, and we mark that tragedy.
4 There are few moments -- you know, I
5 always believe that history is a series of
6 moments, right? It's a series of moments and
7 it's hard to pick one moment in time when you can
8 say had that gone the other way, we would live in
9 a very different world.
10 And yet 75 years ago today was such
11 a moment -- a seminal moment not just in modern
12 history, but I would argue in the history of the
13 world, when the greatest threat to freedom and
14 liberty that the modern world knew was facing us.
15 And thousands of Americans, thousands of British,
16 thousands of Allied troops stormed the beaches.
17 And these weren't the names you
18 know. These weren't Roosevelt and MacArthur and
19 Patton. These were names that some of us will
20 never know. They were regular Americans much
21 like that cadet, some young kid from Pennsylvania
22 or from upstate New York or from New York City or
23 from anywhere in this country that knew they were
24 running and marching into certain death on that
25 morning. I mean, they literally were going into
4753
1 a meat grinder of German machine-gun fire and
2 German explosive ordnances, and yet they went
3 anyways.
4 And they probably -- and I can say,
5 having been in combat, you know, it's -- probably
6 they didn't realize the critical role that they
7 were about to play in the history of the world,
8 in the history of the 20th century, in the world
9 we know today.
10 And to me it's the one of the
11 greatest testaments, when I think of America and
12 when I think of the United States globally and in
13 our history, when our history is told 200 years
14 from now, 500 years from now, D-Day I think will
15 be a seminal moment that they will say, That was
16 a critical moment for America and for the world
17 when America stood up to save Europe and the
18 world from itself, from a very, very dark chapter
19 in defeating Nazi Germany. Because you don't
20 defeat Nazi Germany unless there's D-Day.
21 And in fact, ultimately in the
22 Pacific Theater we made the decisions we made
23 because we didn't want to have a second D-Day,
24 because it was so challenging and it cost so many
25 countless lives. But I don't think there's
4754
1 anybody that would say that it wasn't worth it.
2 To those families who lost Americans 75 years ago
3 today, it was so worth it, because you changed
4 the course of history for the better.
5 And you think about 75 years on,
6 this is probably the last time that these
7 World War II veterans who are left will have this
8 opportunity to be together. I know there's going
9 to be some remembrances and some memorial
10 gatherings of World War II veterans who are left.
11 I take World War II veterans down every year to
12 Washington, D.C., to see the memorial, from my
13 district and the surrounding area, and I can tell
14 you every year that group gets smaller and
15 smaller.
16 So when you think about 75 years --
17 at the hundred-year mark there probably won't be
18 any left. Probably at the 78-year, 80-year mark,
19 there probably won't be any left.
20 So this is really one of the last
21 moments when they are here when we can
22 collectively say to World War II veterans: Thank
23 you for what you did. And thank you for
24 providing a shining example for future
25 generations that the defense of freedom and
4755
1 liberty and standing up to tyranny and the dark
2 forces out there are worth even a great
3 American's life. That it's worth fighting and
4 it's worth dying for. And I believe that even
5 today.
6 And so it's somber, but I am so
7 grateful that that generation was the generation
8 at that moment in time to stand up and defend
9 everything we value, and they carried the day.
10 And we should be ever -- we are forever in their
11 debt, and we should ever be grateful to them.
12 So Mr. President, I support the
13 resolution.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Serino on the resolution.
16 SENATOR SERINO: Thank you,
17 Mr. President.
18 Senator Brooks, can you hear me? I
19 asked them to turn up my mic. Thank you for
20 that.
21 And I just want to say Senator
22 Larkin would be so proud today. Senator Ortt,
23 your words, your passion, it's just amazing. And
24 I think of him on days like today. Right? He
25 would be here and he would speak, and he would
4756
1 have tears in his eyes with his memories.
2 So in representation of D-Day, which
3 really represented the turning point of the war,
4 which led to the liberation of Europe -- you
5 know, a lot of people here don't know my story.
6 My father hailed from the former Yugoslavia. And
7 during World War II, our guys were flying over to
8 get to Italy, and they were shot down. And my
9 grandfather, who actually was a mayor in the
10 former Yugoslavia for 27 years -- I guess they
11 didn't believe in term limits either -- but he
12 harbored 12 American airmen. And one of those
13 airmen promised my grandfather that he was going
14 to bring one of his children back to America, and
15 that was my dad.
16 So it was the brave actions of the
17 soldiers that day and throughout the war that
18 helped ultimately bring my father here, and my
19 family remains eternally grateful.
20 I'd also ask today that we take a
21 moment to recognize the West Point cadets who
22 were in a terrible accident this morning. It's
23 yet another reminder of the incredible sacrifices
24 our servicemen and women make every day to
25 protect our nation and defend our freedom,
4757
1 whether it was generations ago or today.
2 And thank you, as Senator Ortt said,
3 will never be enough to express our gratitude.
4 But by continuing to mark these important
5 occasions, we remind our servicemembers of the
6 grateful community they have behind them always.
7 You know, when you think of those
8 two words "thank you," it stands for honor,
9 respect and gratitude. So thank you to our
10 servicemembers.
11 Thank you.
12 ACTING PRESIDENT BENJAMIN: Senator
13 Lanza on the resolution.
14 SENATOR LANZA: Thank you,
15 Mr. President.
16 First I want to thank the sponsor of
17 the resolution, Senator Kennedy, for bringing it
18 to the floor.
19 And I listened to my colleagues'
20 words, and it's very important that we do this
21 today. Sometimes the words of history go stale
22 with the passage of time. But we should never
23 forget the lessons of history, especially in
24 this, the greatest nation of all, really the
25 beacon of freedom for people all across the
4758
1 earth.
2 It's hard to believe that it was
3 75 years ago that Operation Neptune, a/k/a D-Day,
4 commenced, where American Allied Forces stormed
5 the beaches, invaded the beach at Normandy. And
6 things didn't really go well at first. And as
7 Senator Ortt said, it's important to remember
8 that these were real people. These are not words
9 on a page, these are young people, their whole
10 lives ahead of them, with the hopes and dreams
11 and desires that every one of us has.
12 And here they were on this fateful
13 day navigating heavily mined beaches with barbed
14 wire, under siege, heavy cannon fire, machine gun
15 fire. Allied casualties -- you know, it's a
16 word, but it means that people died. They poured
17 their blood out on that beach, more than 10,000
18 on that fateful, that single fateful day. But
19 they eventually gained a foothold, and that's
20 what it was all about. That was the purpose of
21 D-Day.
22 And they fought over the next weeks,
23 several weeks and months, and they pushed back
24 the evil Axis socialist powers which were raging
25 across Europe. The fires of tyranny that day
4759
1 were extinguished, which had been consuming
2 freedom all over for years. And that was all
3 made possible only by the courage, the sacrifice,
4 the bravery and the heroism of these young
5 soldiers.
6 Seventy-five years later, we remain
7 free and eternally grateful for their sacrifices
8 and mindful of the continued -- ever mindful of
9 the continued threats to freedom and the price to
10 keep it.
11 So Mr. President, I thank this body,
12 I thank the sponsor and everyone here who
13 supports this resolution. Thank you.
14 ACTING PRESIDENT BENJAMIN: Senator
15 LaValle on the resolution.
16 SENATOR LaVALLE: Thank you,
17 Mr. President.
18 Senator Kennedy, thank you for
19 bringing the resolution to the floor.
20 Senator Ortt, thank you for your
21 service to our country.
22 One of the greatest speeches that
23 I've heard on Normandy was made by Ronald Reagan
24 at the 40th anniversary. You can Google it,
25 Reagan 6/6/84. And one of the things that is in
4760
1 my mind, Reagan and his -- as only he could do,
2 said: You were 15. Why did you do it? Some of
3 you were 15. Why did you do it? And he talked
4 about climbing the cliffs and the Germans
5 shooting down the soldiers climbing the cliffs.
6 So it is an event that is important
7 in our country's history, and it's one that we
8 should not forget. Thank you.
9 ACTING PRESIDENT BENJAMIN: The
10 resolution was previously adopted on April 30th.
11 Senator Liu.
12 SENATOR LIU: At the request of the
13 sponsor, all of today's resolutions are open for
14 cosponsorship.
15 ACTING PRESIDENT BENJAMIN: All of
16 the resolutions are open for cosponsorship.
17 Should you choose not to be a cosponsor of the
18 resolutions, please notify the desk.
19 Senator Liu.
20 SENATOR LIU: There will be an
21 immediate meeting of the joint Finance and Higher
22 Education Committees in Room 332.
23 ACTING PRESIDENT BENJAMIN: There
24 will be an immediate meeting of the joint Finance
25 and Higher Education Committees in Room 332.
4761
1 Senator Liu.
2 SENATOR LIU: Please call upon
3 Senator Tedisco for two introductions.
4 ACTING PRESIDENT BENJAMIN: Senator
5 Tedisco for two introductions.
6 SENATOR TEDISCO: Thank you,
7 Mr. President.
8 Mr. President and my colleagues, I'm
9 honored to have the opportunity to introduce to
10 you up in the gallery, in the middle and to the
11 right, two outstanding groups of students and
12 constituents from the 49th Senatorial District.
13 First I'd like to introduce to you
14 and all of my colleagues a family-owned business
15 and great organization in the 49th Senate
16 district that has reached a significant
17 milestone. The Haraden family and Mohawk Honda,
18 a car dealership and service center located in
19 the Town of Glenville, are celebrating their
20 100th anniversary this year.
21 And I kidded with them a little bit
22 and said the only thing I think that lasts a
23 hundred years in my family is the New York State
24 budget negotiations. But they sure as heck have
25 turned out a lot better sometimes than that
4762
1 product. Not all the time.
2 Joseph Haraden first opened Mohawk
3 Honda in 1919, and through the years Mohawk Honda
4 has been serving the greater Capital Region,
5 selling many different models, meeting
6 generations of families, and doing it all by
7 making sure they always satisfy the customer's
8 needs.
9 In fact, many of you have heard
10 their slogan on local TV and radio ads, "We go
11 out of our way to please you," a slogan they live
12 up to each and every day. And I'm sure your
13 constituents would wish that all of we do too.
14 Family owned and operated, Mohawk
15 Honda believes that being a part of their
16 community is more than just helping someone find
17 a new or used vehicle, donating their time and
18 resources to help many local groups and charities
19 like the Deanna Rivers Foundation, the University
20 at Albany, the Chris Stewart Foundation, the
21 Mohawk Humane Society, and many, many more.
22 Standing strong with those who have
23 no voice, Mohawk Honda and the Haraden family
24 regularly host pet adoption clinics at their
25 location in the Town of Glenville -- events I've
4763
1 had the opportunity to visit on those
2 occasions -- to help countless companion animals
3 find forever homes. So their visit is timely, in
4 on the same week we have marked our ninth
5 legislative Animal Advocacy Day here at the
6 Capitol.
7 In addition to their investment in
8 our community and all the great work we see
9 locally, Mohawk Honda has been recognized
10 industrywide, receiving the coveted Honda Masters
11 Circle Award for four consecutive years.
12 Mr. President, I'd like to present
13 to you the president of Mohawk Honda, Jeff
14 Haraden, his wife Kara Haraden, their children
15 Lindsey, Dylan and Karly; Vice President Steve
16 Haraden, his wife Dee Haraden, and their two
17 children, Sam and Tyler.
18 Thank you so much for being here and
19 for the outstanding product you provide and your
20 services to our community.
21 (Applause.)
22 SENATOR TEDISCO: To the right of
23 them, Mr. President, it's my pleasure to welcome
24 seven recipients of the Youth Leadership
25 Recognition Award from the 49th Senate District,
4764
1 where I like to say all good things, as I've
2 said, emanate from. And they are a big part of
3 it, as are the Haraden family.
4 These awards are given to students
5 who take on leadership roles in their schools and
6 communities and prove out to be outstanding role
7 models for their peers in multiple facets,
8 including academics, extracurricular, and
9 volunteer activities.
10 I thank them and their parents,
11 teachers, and administrators for taking the time
12 to travel to the Capitol today to be recognized.
13 These students truly represent the best of the
14 best. And I'm sincerely proud to represent them
15 in the New York State Senate.
16 At this time I'd like to have stand
17 up, from the great Village of Ballston Spa and
18 Ballston Spa High School, Morgan Miller,
19 Ethan Shuhart, Saade White, and Samantha DeVito.
20 From Johnstown High School, Rachel Lee. And from
21 Niskayuna High School, Cecilia Cane and
22 James Joyce.
23 Mr. President, please welcome both
24 the Haraden family and these outstanding students
25 who achieved the Leadership Recognition Awards.
4765
1 ACTING PRESIDENT BENJAMIN: To our
2 guests from the 49th Senatorial District, I
3 welcome you on behalf of the Senate. We extend
4 to you all of the privileges and courtesies of
5 this house. Please rise and be recognized.
6 (Standing ovation.)
7 ACTING PRESIDENT BENJAMIN: Senator
8 Gianaris.
9 SENATOR GIANARIS: Can we return to
10 reports of standing committees. I believe
11 there's a report of the Rules Committee at the
12 desk.
13 ACTING PRESIDENT BENJAMIN: We will
14 return to reports of standing committees.
15 There is a report of the
16 Rules Committee at the desk.
17 The Secretary will read.
18 THE SECRETARY: Senator
19 Stewart-Cousins, from the Committee on Rules,
20 reports the following bills:
21 Senate Print 598, by Senator
22 Hoylman, an act to amend the Penal Law;
23 Senate Print 726A, by
24 Senator Montgomery, an act to amend the
25 Alcoholic Beverage Control Law;
4766
1 Senate Print 948, by Senator O'Mara,
2 an act to amend the General Municipal Law;
3 Senate Print 2388, by Senator Lanza,
4 an act to amend Chapter 306 of the Laws of 2011;
5 Senate Print 4216A, by
6 Senator Stewart-Cousins, an act to amend
7 Chapter 383 of the Laws of 1945;
8 Senate Print 4466, by
9 Senator Stewart-Cousins, an act to amend the
10 Tax Law and Chapter 535 of the Laws of 1987;
11 Senate Print 5120, by
12 Senator Stewart-Cousins, an act authorizing the
13 alienation of certain parklands in the Village of
14 Tarrytown, in the Town of Greenburgh, in the
15 County of Westchester;
16 Senate Print 5210, by
17 Senator Metzger, an act to authorize Susan
18 Gillinder, the widow of Robert C. Ritchie, to
19 file a new service retirement application and
20 option election form with the New York State and
21 Local Employees' Retirement System;
22 Senate Print 5247, by
23 Senator Harckham, an act authorizing the
24 Commissioner of General Services to convey real
25 property in Westchester County to the County of
4767
1 Westchester;
2 Senate Print 5262A, by
3 Senator Harckham, an act to amend Chapter 646 of
4 the Laws of 1939;
5 Senate Print 5531, by Senator
6 Martinez, an act to amend the Public Health Law;
7 Senate Print 5677A, by
8 Senator Comrie, an act to amend the
9 General Business Law and the Public Health Law;
10 Senate Print 5855, by Senator
11 Gaughran, an act to direct the Department of
12 Environmental Conservation, with the assistance
13 of the Department of Transportation, to conduct a
14 study on the environmental and human health
15 impacts of John F. Kennedy International Airport
16 and LaGuardia Airport;
17 Senate Print 6020, by Senator Ramos,
18 an act to amend Chapter 413 of the Laws of 2003
19 amending the Labor Law;
20 Senate Print 6155, by
21 Senator Stewart-Cousins, an act to amend the
22 Environmental Conservation Law;
23 Senate Print 6162, by
24 Senator Harckham, an act to amend the
25 Public Authorities Law;
4768
1 Senate Print 6166, by
2 Senator Brooks, an act to amend the Vehicle and
3 Traffic Law;
4 Senate Print 6170, by Senator May,
5 an act to amend the Vehicle and Traffic Law;
6 Senate Print 6174, by Senator May,
7 an act to amend the Environmental Conservation
8 Law;
9 Senate Print 6235, by
10 Senator Metzger, an act to amend the
11 General Municipal Law and the Tax Law;
12 And Senate Print 6315, by
13 Senator Salazar, an act to establish an
14 LGBT youth and young adult suicide prevention
15 task force.
16 All bills ordered direct to third
17 reading.
18 ACTING PRESIDENT BENJAMIN: Move to
19 accept the report of the Rules Committee.
20 ACTING PRESIDENT BENJAMIN: All in
21 favor of accepting the report of the Rules
22 Committee signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT BENJAMIN:
25 Opposed, nay.
4769
1 (No response.)
2 ACTING PRESIDENT BENJAMIN: The
3 Rules Committee report is accepted.
4 SENATOR GIANARIS: At this time,
5 Mr. President, can you recognize Senator Helming
6 for an introduction.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Helming for an introduction.
9 SENATOR HELMING: Thank you,
10 Mr. President.
11 I rise today to introduce the
12 Wayne County Dairy Princess and her court. And
13 it's such an honor and a privilege to have you
14 young ladies join us today.
15 These young women work hard each and
16 every day to promote the dairy industry, to
17 support our local farmers, and to really bring
18 attention to nature's most nearly perfect food.
19 The Wayne County Dairy Princess this
20 year is Natalie Vernon. Natalie is a senior at
21 Marion Junior-Senior High School, and in the fall
22 she will be attending SUNY Geneseo. This is
23 Natalie's fourth year on the Princess Court.
24 Kailey Kuhn is a Wayne County
25 Alternate Dairy Princess. Kailey also attends
4770
1 Marion Junior-Senior High School and is a
2 sophomore.
3 Alaska Dunstan is a Wayne County
4 Alternate Dairy Princess. Alaska is a sophomore
5 at Wayne County Central Schools.
6 Gabriella Taylor is serving as a
7 Wayne County Dairy Ambassador. She is a freshman
8 at Newark Senior High School.
9 Kailey Vernon is also a Wayne County
10 Dairy Ambassador. Kailey is a sophomore at
11 Marion Junior-Senior High School.
12 Alysha Kuhn is in her fourth year as
13 a Wayne County Dairy Ambassador. Alysha is an
14 eighth-grader at the Marion Junior-Senior High
15 School.
16 And finally with us today we have
17 Alexis Schultz, who is a third-year Wayne County
18 Dairy Ambassador. Alexis is a sixth-grader at
19 Marion Elementary School.
20 To our Dairy Princess and your
21 court, on behalf of this body, I want to welcome
22 you to the State Capitol and I want to thank you
23 for your hard work and efforts.
24 Mr. President, I would ask that you
25 recognize the Wayne County Dairy Princess and her
4771
1 court and extend to them all the privileges and
2 courtesies of this body. Thank you.
3 ACTING PRESIDENT BENJAMIN: To the
4 Wayne County Dairy Princess and her court, I
5 welcome you on behalf of the Senate. We extend
6 to you all of the privileges and courtesies of
7 this house.
8 Please be recognized at this time.
9 (Standing ovation.)
10 ACTING PRESIDENT BENJAMIN: Senator
11 Gianaris.
12 SENATOR GIANARIS: Now can you
13 recognize Senator Bailey for another
14 introduction.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Bailey for an introduction.
17 SENATOR BAILEY: Thank you,
18 Mr. President. Oh, the mic's working today. I'm
19 disappointed. I was hoping to get the mic again
20 today.
21 (Laughter.)
22 SENATOR BAILEY: I want to recognize
23 we have some really important folks in the
24 gallery, led by Assemblywoman Latoya Joyner.
25 These are young folks from the New York Legal
4772
1 Education Opportunities program, the New York LEO
2 program.
3 During the budget every year, the
4 Public Protection Budget hearing every year, I
5 ask OCA and they answer me nicely about what the
6 commitment to diversity is. And this is the
7 fruits of the labor that we're having in New York
8 State.
9 The legal profession for so long has
10 not been diverse, it has been something that did
11 not accurately reflect what our communities look
12 like. But as the days go on, our communities
13 become more represented in the legal community.
14 It is very important to do that.
15 As a young attorney, I struggle with
16 being one of the only people of color in many
17 courtrooms. But as we have programs in place
18 like this, more women, more people of color will
19 inhabit these courtrooms, and you will make an
20 impact on the lives of the people throughout the
21 State of New York.
22 The laws that we pass are based upon
23 interpretation of the law, and everybody's
24 interpretation of the law depends on their
25 personal experiences. It's very important that
4773
1 you have a different world view, that you come
2 from places that are different than the majority
3 of attorneys that are practicing now, so that you
4 can bring that necessary world view to the legal
5 profession.
6 So I salute you on what you're
7 doing. And Mr. President, we should recognize
8 that all of these folks are going to be going to
9 some of New York's finest law schools in
10 September. So the journey begins today. And the
11 LEO program provides them with an opportunity for
12 pre-law programs, which I wish I would have had
13 that training. So you're going to go into law
14 school prepared. You're going to know how to
15 brief a case. When they said IRAC, I thought
16 they were talking about the country. You know
17 that it's Issue-Rule-Application-Conclusion; you
18 understand that.
19 And having that knowledge and being
20 able to go into law school with that basket of
21 knowledge will propel you so much further. And I
22 look forward to the days that maybe one day,
23 whether I'm here or not, that we can confirm some
24 of you as judges in the great State of New York.
25 Mr. President, I would please ask
4774
1 you to extend all the courtesies and privileges
2 of the house to our future lawyers.
3 ACTING PRESIDENT BENJAMIN: To our
4 future lawyers, I welcome you on behalf of the
5 Senate. We extend to you all of the privileges
6 and courtesies of this house. Please all rise
7 and be recognized.
8 (Standing ovation.)
9 ACTING PRESIDENT BENJAMIN: Senator
10 Gianaris.
11 SENATOR GIANARIS: At this time,
12 Mr. President, let's take up the reading of the
13 calendar.
14 ACTING PRESIDENT BENJAMIN: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 313, Assembly Print Number 4654A, substituted
18 earlier by Assemblymember Rozic, an act to amend
19 the Education 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.
4775
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 370, Senate Print 211C, by Senator Benjamin, an
9 act to amend the Election Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 2. 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:
18 Announce the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 748, Senate Print 3946, by Senator Gounardes, an
24 act to amend the Retirement and Social Security
25 Law.
4776
1 ACTING PRESIDENT BENJAMIN: There
2 is a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 3. 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, 59.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 781, Senate Print 5463, by Senator Comrie, an act
16 to amend the Not-For-Profit Corporation Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 3. 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.
4777
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 782, Senate Print 5578, by Senator Krueger, an
6 act to dissolve the United Charities, a nonprofit
7 corporation.
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: Ayes, 59.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 795, Senate Print 4769, by Senator Kaplan, an act
22 to amend Chapter 280 of the Laws of 2016.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
4778
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: In relation to
8 Calendar Number 795, those Senators voting in the
9 negative are Senators Funke and Lanza.
10 Ayes, 57. Nays, 2.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 806, Senate Print 2661, by Senator Savino, an act
15 to amend the Penal Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. 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, 59.
4779
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 904, Assembly Print Number 7606, substituted
5 earlier by Assemblymember Lavine, an act to amend
6 the Election Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
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: In relation to
17 Calendar Number 904, those Senators voting in the
18 negative are Senators Akshar, Amedore, Antonacci,
19 Flanagan, Funke, Gallivan, Griffo, Helming,
20 Jacobs, Jordan, Lanza, LaValle, Little, O'Mara,
21 Ortt, Ranzenhofer, Ritchie, Robach, Serino,
22 Seward and Tedisco.
23 Ayes, 39. Nays, 21.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
4780
1 THE SECRETARY: Calendar Number
2 907, Senate Print 5305B, by Senator Harckham, an
3 act to amend the Public Service Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 4. 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: In relation to
14 Calendar Number 907, those Senators voting in the
15 negative are Senators Akshar, Amedore, Antonacci,
16 Flanagan, Gallivan, Griffo, Helming, Jacobs,
17 Jordan, LaValle, O'Mara, Ortt, Ranzenhofer,
18 Serino, Seward and Tedisco.
19 Ayes, 44. Nays, 16.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 919, Senate Print 3778, by Senator Helming, an
24 act to authorize Jason Allen to receive certain
25 service credit under Section 384-d of the
4781
1 Retirement and Social Security Law.
2 ACTING PRESIDENT BENJAMIN: There
3 is a home-rule message at the desk.
4 Read the last section.
5 THE SECRETARY: Section 3. 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
16 925, Senate Print 5737, by Senator Kennedy, an
17 act to amend the Civil Service Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. 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:
4782
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 925, those Senators voting in the
4 negative are Senators Antonacci, Griffo, O'Mara
5 and Ortt.
6 Ayes, 56. Nays, 4.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 927, Assembly Print Number 7502, substituted
11 earlier by Assemblymember Abbate, an act to amend
12 Chapter 695 of the Laws of 1994.
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 THE SECRETARY: Calendar Number
4783
1 930, Senate Print 1927A, by Senator Boyle, an act
2 in relation to authorizing the West Babylon
3 Church of God of Prophecy, Inc., to file an
4 application.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 930, those Senators voting in the
16 negative are Senators Akshar, Antonacci and
17 O'Mara.
18 Ayes, 57. Nays, 3.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 936, Senate Print 4758A, by Senator Brooks, an
23 act in relation to authorizing the Town of
24 Babylon to be able to grant Ahmadiyya Movement in
25 Islam, Inc., of Amityville, a property tax
4784
1 exemption.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. 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: In relation to
12 Calendar Number 936, those Senators voting in the
13 negative are Senators Akshar, Antonacci and
14 O'Mara.
15 Ayes, 57. Nays, 3.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 938, Assembly Print Number 7346, substituted
20 earlier by Assemblymember Jaffee, an act to amend
21 Chapter 442 of the Laws of 2018.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4785
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 938, those Senators voting in the
8 negative are Senators Akshar and Antonacci.
9 Ayes, 58. Nays, 2.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 939, Senate Print 5418, by Senator Harckham, an
14 act to amend Chapter 668 of the Laws of 1977.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT BENJAMIN: The
4786
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 940, Senate Print 5419, by Senator Harckham, an
4 act to amend Chapter 606 of the Laws of 2006.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 959, Senate Print 6198, by Senator Kaplan, an act
19 to amend the Economic Development Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
4787
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
8 973, Senate Print 5936, by Senator Ranzenhofer,
9 an act to amend the Public Officers Law.
10 SENATOR GIANARIS: Lay it aside for
11 the day, please.
12 ACTING PRESIDENT BENJAMIN: Lay it
13 aside for the day.
14 THE SECRETARY: Calendar Number
15 980, Senate Print 2636, by Senator Krueger, an
16 act to amend the Penal Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of November.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
4788
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1033, Senate Print 4773, by Senator Serrano, an
6 act to amend the Parks, Recreation and Historic
7 Preservation 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: Senator
16 Helming to explain her vote.
17 SENATOR HELMING: Thank you,
18 Mr. President.
19 I'm voting no on this bill because I
20 believe that it has the potential to impact so
21 many great things that are happening in our
22 parks, including the partnerships that are
23 developed between New York State Parks and public
24 entities who are willing to invest in our park
25 systems.
4789
1 One example I can share with this
2 body is that in my district we were able to match
3 together a public investor with the Parks
4 Department, and also working with some of our
5 labor groups as well, and the end result was the
6 construction of a new marina, a marina supply
7 store, a number of amenities that will include
8 allowing people who are disabled better access to
9 the waterfront and to the marina.
10 And had this law been in place and
11 the state had not had a master plan, this project
12 would have gone south, we would have never been
13 able to do it. Because the bill requires that if
14 a master plan is not in place, that any sort of
15 lease agreement or understanding cannot be for a
16 length of time to exceed one year. And I don't
17 think we're going to find private investors who
18 are willing to invest millions of dollars into
19 our parks based on a 12-month lease.
20 So for that reason, I'm voting no.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Helming to be recorded in the negative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1033, those Senators voting in
4790
1 the negative are Senators Akshar, Amedore,
2 Antonacci, Funke, Griffo, Helming, Jacobs,
3 Jordan, Lanza, O'Mara, Ortt, Ranzenhofer, Robach,
4 Serino and Seward.
5 Ayes, 45. Nays, 15.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1035, Senate Print 6015, by Senator Kennedy, an
10 act to amend the Parks, Recreation and Historic
11 Preservation Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 3. 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 There is a substitution at the desk.
25 The Secretary will read.
4791
1 THE SECRETARY: On page 50, Senator
2 Stavisky moves to discharge, from the Committee
3 on Higher Education, Assembly Bill Number 7251
4 and substitute it for the identical Senate Bill
5 5999, Third Reading Calendar 1043.
6 ACTING PRESIDENT BENJAMIN: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1043, Assembly Print Number 7251, by
11 Assemblymember Cusick, an act to amend
12 Chapter 219 of the Laws of 2003.
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 THE SECRETARY: Calendar Number
4792
1 1051, Assembly Print 7568, substituted earlier by
2 Assemblymember Ryan, an act to amend Chapter 498
3 of the Laws of 2011 amending the Education 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: Senator
12 Helming to explain her vote.
13 SENATOR HELMING: Thank you,
14 Mr. President.
15 Well, I support this legislation.
16 Like so many of you, in my rural districts our
17 libraries are the hearts and souls of our
18 communities. We have in so many areas limited
19 access to internet services, limited access to
20 cellular service. So people for a multitude of
21 reasons, whether they're students, whether
22 they're seniors, whether they're job seekers,
23 they have to go to the local library in order to
24 access services like cell service or internet
25 service.
4793
1 And I am concerned because our
2 libraries count on construction funding. And
3 this bill addresses construction funding in terms
4 of the breakdown. But I think we need to take a
5 step back and look at what we did to our
6 libraries in this past budget. We cut the
7 funding by $20 million, or 60 percent, for
8 construction funding of libraries. This has put
9 a real hurt on libraries.
10 And I strongly, strongly recommend
11 that we fight hard and we all work hard to
12 restore that funding to our libraries.
13 Thank you.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Helming to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1051, voting in the negative:
19 Senators Flanagan and LaValle.
20 Ayes, 58. Nays, 2.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1062, Assembly Print Number 6149, substituted
25 earlier by Assemblymember Lupardo, an act to
4794
1 amend the Real Property Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. 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 1070, Assembly Print Number 4745A, substituted
16 earlier by Assemblymember Dinowitz, an act to
17 amend Chapter 455 of the Laws of 1997.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. 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:
4795
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 1070, those Senators voting in
4 the negative are Senators Akshar and Antonacci.
5 Ayes, 58. Nays, 2.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1072, Senate Print 6175, by Senator Kaplan, an
10 act to amend the Estates, Powers and Trusts Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1072, those Senators voting in
22 the negative are Senators Akshar, Amedore,
23 Antonacci, Flanagan, Funke, Gallivan, Griffo,
24 Helming, Jacobs, Jordan, LaValle, Lanza, Little,
25 Ortt, Ranzenhofer, Ritchie, Robach, Serino,
4796
1 Seward and Tedisco.
2 Ayes, 40. Nays, 20.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1079, Senate Print 5329A, by Senator Breslin, an
7 act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the same date and in the
12 same manner as Section 13 of Part III of
13 Chapter 59 of the Laws of 2019.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN: Senator
18 Kennedy to explain his vote.
19 SENATOR KENNEDY: Thank you,
20 Mr. President.
21 First of all, I'd like to start by
22 taking a moment to recognize what we are doing
23 here today on this bill, which is one of a series
24 of nine bills to address limousine safety here in
25 the State of New York.
4797
1 I would like to recognize the names
2 of 24 people who were tragically taken from us
3 far too soon in two horrific crashes both last
4 year, in October of 2018, as well as in 2015.
5 Axel Steenburg.
6 Amy Steenburg.
7 Richard Steenburg.
8 Allison King.
9 Patrick Cushing.
10 Amanda Halse.
11 Erin McGowan.
12 Shane McGowan.
13 Brian Hough.
14 James Schnurr.
15 Mary Dyson.
16 Robert Dyson.
17 Abigail Jackson.
18 Adam Jackson.
19 Amanda Rivenburg.
20 Rachel Cavosie.
21 Matthew Coons.
22 Savannah Bursese.
23 Scott Lisinicchia.
24 Michael Ukaj.
25 Those were the 20 people who passed
4798
1 in the Schoharie crash in October.
2 In the Cutchogue crash of 2015:
3 Lauren Baruch.
4 Stephanie Belli.
5 Amy Grabina.
6 Brittany Schulman.
7 They all passed in that crash.
8 The four women who were survivors of
9 that crash whose lives were forever transformed:
10 Joelle DiMonte, Alicia Arundel, Melissa Crai, and
11 Olga Lippets.
12 Thank you, Mr. President.
13 Those 24 names were the people we
14 lost in the limo crashes of Schoharie and
15 Cutchogue. Many of their families have joined us
16 here today. I'd like to recognize those we have
17 with us in the gallery.
18 We have Linda King, who lost her
19 four daughters -- Amy, Allison, Abigail and
20 Mary -- and three sons-in-law. We have with us
21 Bethany Nacco, Linda's daughter-in-law; Jamison
22 Ott-Carpentar, the best friend of the four King
23 daughters; Janet Steenburg, who lost her sons
24 Richard and Axel; Paul and Suzanne Schulman, who
25 lost their daughter Brittany; Mindy and Howard
4799
1 Grabina, who lost their daughter Amy; Felicia
2 Baruch, who lost her daughter Lauren.
3 We have Nancy DiMonte and Susan
4 Arundel, whose daughters Joelle and Alicia were
5 survivors but who will be forever impacted by the
6 crashes.
7 And last but not least, we have
8 Kevin Cushing, who lost his son Patrick, who was
9 one of our own in the Senate family, who worked
10 right here in the IT department in the New York
11 State Senate, Kevin's son Patrick.
12 All of these families have channeled
13 their grief into advocacy. And today we are
14 passing legislation to ensure that no family has
15 to experience the heartbreak that these families
16 have endured.
17 I want to thank the families for
18 being here, for being so courageous and brave to
19 tell your tragic and horrific and heart-wrenching
20 story, and telling it over and over so that
21 others may live and not have to suffer.
22 Today the Senate will pass these
23 nine reforms designed to ensure the safety of all
24 New Yorkers when they choose to ride in a
25 limousine in our state. These are monumental
4800
1 changes. From requiring seat belts in every
2 vehicle carrying nine or more passengers to
3 mandating a commercial driver's license and drug
4 and alcohol testing for drivers, to increasing
5 criminal penalties for drivers who break the law
6 while on the road, we're taking significant steps
7 to ensure safety measures are firmly in place
8 when anyone steps into one of these vehicles.
9 We're also making sure that any
10 vehicle that shouldn't be on the road in the
11 first place is immobilized immediately by the
12 Department of Transportation.
13 And when New Yorkers do experience
14 an issue with a limousine, they should be able to
15 easily report that concern, which is why we're
16 creating not just a hotline, but an app and a
17 website where they can do so with ease and
18 simplicity.
19 The list of changes we're making is
20 vast, but we also know that there's always more
21 work to do, which is why we're creating a task
22 force that will further examine current limo
23 regulations and safety training programs and
24 evaluate the need for rear-view cameras, air
25 bags, seat restriction devices, as well as a
4801
1 number of miles or years stretch limos can be on
2 the road.
3 When we were given the opportunity
4 to serve on the Transportation Committee, we came
5 together as a first order of business, as a
6 group, in a bipartisan fashion, and said this is
7 a priority for the Senate to pass. I've been
8 honored to chair the Transportation Committee,
9 and we've been working aggressively with our
10 committee and with our colleagues to advance this
11 legislation from day one.
12 I want to thank the Governor for
13 advancing initiatives within the budget as well
14 and being our partner in ensuring that the
15 industry is not only as safe as possible but sets
16 a precedent for the rest of the nation to follow
17 suit.
18 Our colleagues were proud to work
19 hand-in-hand with these families in order to
20 ensure that New Yorkers never have to suffer
21 again as their families have.
22 As I mentioned, our work is never
23 done. But we believe that with today's reforms
24 we're taking a significant step forward, and
25 we're eager to see these pieces of legislation
4802
1 passed today in the Senate.
2 And as we head into the final weeks
3 of the legislative session, we strongly urge our
4 colleagues on the Assembly side to do what's
5 right by these families and residents all across
6 the State of New York and bring these bills to
7 the floor for a vote in the Assembly as well.
8 I want to thank our leader, Andrea
9 Stewart-Cousins, for prioritizing limousine
10 safety throughout this legislative session and
11 ensuring that our Transportation Committee take
12 the steps necessary to bring these bills to the
13 floor for a vote here today.
14 And I want to thank my colleagues
15 for joining in once again and working
16 aggressively to put in place the strongest
17 limousine safety reforms in the history of the
18 State of New York and in the entire nation.
19 With that, Mr. President, I thank
20 you, I thank my colleagues, I thank once again
21 the families for your advocacy. We will not let
22 you down. I said it, I committed to it from
23 day one, and we're making good on that commitment
24 here today.
25 And what I will tell you is, once
4803
1 again, we're going to continue to work with these
2 families to get all of the other initiatives over
3 the finish line that I've mentioned.
4 And again, Mr. President, with that
5 I thank you and vote aye.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Kennedy to be recorded in the affirmative.
8 Senator Kaminsky to explain his
9 vote.
10 SENATOR KAMINSKY: Thank you.
11 Mr. President, I want to first thank
12 Senator Kennedy for his leadership as the
13 Transportation chair in this area.
14 And I want to thank the families who
15 are here for their perseverance and for having
16 the courage to, instead of cursing the darkness,
17 lighting a candle and helping show us the way
18 where our state has to go.
19 There's something about these
20 tragedies that are I think doubly hard to
21 contemplate. Because not only do they involve a
22 tragic loss of life and injury, but they're also
23 unjust. People did the right thing by choosing
24 not to drink and drive, by doing what they were
25 always told to do, which is get a limo, make sure
4804
1 someone else is driving, be safe. And they were
2 let down in the most awful, unimaginable way.
3 Government works best when we take
4 targeted, aggressive, proactive action so
5 something like that does not have to happen. But
6 the fact that it happened twice leaves us today
7 in this session with no choice but to pass this
8 aggressive passage and make sure that we are
9 doing everything we can not to have what took
10 place repeated ever again.
11 So to the families, to Senator
12 Kennedy, to our colleagues here and especially
13 our colleagues down the hall, we have no choice
14 but to do the right thing and regulate in this
15 area that for too long has gone unregulated and
16 led to unspeakable tragedies.
17 I vote in the affirmative.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Kaminsky to be recorded in the affirmative.
20 Senator Gianaris to explain his
21 vote.
22 SENATOR GIANARIS: Thank you,
23 Mr. President.
24 I want to thank Senator Kennedy for
25 the tremendous dedication he's had to this issue
4805
1 and for getting this legislation before us.
2 I just also want to give special
3 mention to one or two of the victims. Patrick
4 Cushing was an employee here at the Senate. He
5 worked in Senate Technology Services for a number
6 of years in a nonpartisan fashion, making sure
7 that our needs were met both here in the Capitol
8 and our offices.
9 So it was a personal loss for the
10 institution of the Senate as well. He and his
11 girlfriend Amanda were victims of the tragedy and
12 the accident, the crash that occurred.
13 And so I didn't want to let this
14 moment pass without recognizing that we had one
15 of our own who was victimized as part of the lack
16 of attention to limo safety in our state that we
17 are hopefully addressing today.
18 Thank you.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Amedore to explain his vote.
21 SENATOR AMEDORE: Thank you,
22 Mr. President.
23 I want to thank the chair of
24 Transportation, Senator Kennedy, and for all of
25 the hard work that's been done here.
4806
1 You know, if there's any one county
2 that has been rocked by news of tragedy, it was
3 Montgomery county last year when we all found out
4 about this horrible accident. Not only did we
5 find out about it in Montgomery County and in the
6 State of New York, but the entire nation heard
7 about this news.
8 And it's so unfortunate that so many
9 family members in the gallery have to be here
10 today to address an issue. They advocated very
11 hard, but they lost a great deal. They lost so
12 much, their loved ones. And we in Montgomery
13 County are still grieving greatly over this
14 horrific tragedy.
15 I'm glad to see that legislation is
16 being made and done today and passed. Hopefully
17 the Assembly will do so. Hopefully the Governor
18 will sign these bills into law.
19 But we also, as a body, need to hold
20 already government accountable, because there is
21 laws on the books and there was some situations
22 that could have been prevented, may have been
23 prevented if the agencies or the bureaucracies
24 could work more efficiently.
25 These families are not only owed
4807
1 these reforms or these protections so that other
2 families can feel safe, these families are owed
3 all of our support. You know, when they had a
4 vigil a few days after the tragedy in the city of
5 Amsterdam, there wasn't 100 people or 200 people
6 that showed up, there was thousands of people
7 that showed up at the vigil.
8 And as I spoke that evening at that
9 vigil, I promised the families that we would do
10 everything possible as a legislative body to make
11 sure that we can bring the right reforms and the
12 right policies to the industry. And I believe
13 today these are nine bills that will help.
14 But we also, again, as I mentioned
15 before, need to hold government's departments and
16 agencies accountable as well. Because without
17 holding them accountable, we can have all the
18 laws under the sun but if we don't enforce them,
19 what good are they?
20 So Mr. President, I'm proud to vote
21 aye. And I want to again say sorry to the
22 families, my constituents who are up in the
23 gallery, and they are numerous. Because today
24 your state government has heard you, has enacted
25 its policies here, and I'm proud to represent
4808
1 them in this state.
2 I vote aye.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Amedore to be recorded in the affirmative.
5 Senator Tedisco to explain his vote.
6 SENATOR TEDISCO: Thank you,
7 Mr. President.
8 I wish to extend my condolences to
9 all the families here today, and those who may
10 not be here today, for their tremendous loss in
11 this personal tragedy, and especially thank them
12 for their courage in taking your personal tragedy
13 and turning it into something so positive for the
14 rest of the family of New York State, stopping
15 any other family, hopefully, as we pass these
16 bills -- but continue to pass more, because we
17 know we need to do more than just what we're
18 doing with this particular calendar on the floor
19 today.
20 And I want to thank those who
21 contacted me and asked me about hearings. And I
22 had the opportunity to send a letter and a
23 message to the committee chairman of
24 Transportation, Senator Kennedy, who I'm sure was
25 going to do those hearings to begin with. And I
4809
1 saw him a little while later, and he said, oh,
2 yeah, sure we're going to do them. And we have
3 done those hearings.
4 And I think you remember at that
5 hearing I said you're probably the specialist
6 now, you've done so much research and have so
7 much understanding. But it was good to have a
8 lot of individuals there who were part of giving
9 us information to make this a better situation.
10 We can have all the hearings in the
11 world, we can get all the statements in the
12 world, but if we don't take action, it's
13 meaningless.
14 I'm very appreciative today we are
15 beginning action to address this real concern and
16 this problem, albeit late for your loved ones,
17 but for their legacy, to know that you're taking
18 their lives and giving meaning as we go forth to
19 make a difference in other individuals' lives.
20 And as has been mentioned, these are
21 your direct family loved ones; a part of our
22 family, Patrick Cushing, lost his life. And
23 Patrick was a wonderful person, in my office
24 quite a bit because we had a lot of technical
25 problems. And as I've mentioned in the past, the
4810
1 day before we had to call upon him to get our
2 printer fixed, and he did that for us.
3 He won't be forgotten. Neither will
4 your family members. And we appreciate you for
5 all you've done to make a difference in the world
6 of all New Yorkers.
7 And I vote aye on this piece of
8 legislation. Thank you so much.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Tedisco to be recorded in the affirmative.
11 Senator Liu to explain his vote.
12 SENATOR LIU: Thank you,
13 Mr. President.
14 I want to express my sympathies and
15 condolences to the family members. I've got an
16 18-year-old myself, so I can -- actually, I can't
17 imagine what you're going through. And I hope
18 neither my family nor other families in New York
19 will have to suffer the ordeal that you've been
20 through. But as has already been mentioned,
21 you've channeled your energies into something
22 positive that will be a good change for the State
23 of New York.
24 Your young people did what was
25 right, as Senator Kaminsky mentioned, and
4811
1 unfortunately they paid a price for it. That
2 should not happen anymore.
3 And I want to thank Chairman Kennedy
4 and Leader Stewart-Cousins for shepherding this
5 important legislation through at a rate that from
6 your perspective must be excruciatingly slow, but
7 in the grand scheme of things it actually
8 happened relatively quickly.
9 So thank you for your ongoing
10 efforts. And as you mentioned earlier today,
11 this is not the end of it, this is an important
12 milestone in your efforts and all of our
13 collective efforts to help keep people safe.
14 Thank you, Mr. President.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Liu to be recorded in the affirmative.
17 Senator LaValle to explain his vote.
18 SENATOR LaVALLE: Thank you,
19 Mr. President.
20 We lost four vibrant, beautiful
21 young ladies in a limo accident a number of years
22 ago out in the East End of Long Island. The four
23 young ladies got together because they were going
24 to visit some of the vineyards in my district and
25 looking forward to a beautiful day. And the day
4812
1 ended, and they died.
2 We don't often, I think -- I think
3 sometimes we take for granted the job we do. And
4 today we're putting in place protections so
5 hopefully we are protecting people in the future.
6 If you're a parent or a grandparent, you live in
7 constant fear that something, something
8 tragically will happen to your precious children
9 or grandchildren.
10 And so today we're taking an action.
11 Unfortunate that we've learned something from the
12 deaths of many people. And hopefully through our
13 action, we are protecting people in the future.
14 So Senator Kennedy, thank you for
15 your leadership on this issue, and I will be
16 voting yes on the bills.
17 ACTING PRESIDENT BENJAMIN: Senator
18 LaValle to be recorded in the affirmative.
19 Senator Hoylman to explain his vote.
20 SENATOR HOYLMAN: Thank you,
21 Mr. President.
22 I rise also to thank Senator Kennedy
23 and our leader, Andrea Stewart-Cousins.
24 This is really an example of
25 government at its finest, all of us here
4813
1 gathered, including mostly the families of the
2 victims, who are turning tragedy into action.
3 I thank you for sharing your deeply
4 personal stories. We are all indebted to you, my
5 family is indebted to you, because you have made
6 New York safer for everyone who may ride in a
7 limousine again.
8 I vote aye, Mr. President.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Hoylman to be recorded in the affirmative.
11 Senator Breslin to explain his vote.
12 SENATOR BRESLIN: Thank you very
13 much, Mr. President.
14 I too applaud Senator Kennedy and
15 the entire Transportation Committee for leading
16 the charge to follow up on a day that no parent,
17 no brother, no sister, no child, no relative
18 should ever experience, but in this case they
19 have.
20 And that transfers to us the
21 ultimate responsibility for making sure that it
22 never happens again in this state, it never
23 happens again.
24 And I applaud the parents and I
25 particularly think of young Patrick -- whose
4814
1 father is in the gallery, Kevin -- who used to
2 come in the office. And as we chatted this
3 morning, Patrick and I would not talk about
4 legislation, we'd generally talk about sports.
5 And he was a very, very bright, enthusiastic,
6 wonderful young man who did the right thing on
7 that day with the wrong conclusion.
8 So again, the Insurance Committee
9 also immediately acted, and significantly, with
10 the help of this body and the help of the
11 Insurance Committee, raised the rates
12 significantly. Hopefully that will make
13 insurance companies do a better job in evaluating
14 the vehicles that are used in the transportation
15 of others.
16 But again, it gets back to all of us
17 and the burden we now have to encourage the
18 Assembly to act, to encourage all of us to act
19 further, to make sure that any changes that are
20 needed on an ongoing basis -- it's up to us. And
21 the parents and all the other relatives will hold
22 us ultimately accountable to make sure that we
23 perform the job necessary to make New York again
24 the best case with coverage, the best case to
25 make sure that vehicles who transport others do
4815
1 so in a legal, ethical and particularly a safe
2 way.
3 I vote aye, Mr. President.
4 ACTING PRESIDENT BENJAMIN: Senator
5 Breslin to be recorded in the affirmative.
6 Senator Metzger to explain her vote.
7 SENATOR METZGER: Thank you,
8 Mr. President.
9 I want to also thank my colleague
10 Senator Tim Kennedy, the entire Transportation
11 Committee, and our Majority Leader, Andrea
12 Stewart-Cousins, for championing this package of
13 legislation that will make our roads safer and
14 prevent the kind of horrible loss that occurred
15 in Schoharie last fall.
16 We call these accidents, but many
17 are not accidental. They're the result of risky
18 behaviors, they're the result of sometimes
19 illegal driving behaviors.
20 The legislation that I introduced
21 today and that is part of this important package
22 mandates drug and alcohol testing for limo
23 drivers and other for-hire vehicles. This, along
24 with the other eight pieces of legislation, will
25 help save lives.
4816
1 It is our duty as legislators to do
2 everything that we can to prevent these kinds of
3 tragedies. To the families who have suffered
4 unimaginable loss, our hearts are with you. And
5 as a parent, my heart is with you.
6 Thank you.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Metzger to be recorded in the affirmative.
9 Senator Helming to explain her vote.
10 SENATOR HELMING: Thank you,
11 Mr. President.
12 I actually wasn't planning to speak
13 on this matter, but I want to offer my heartfelt
14 condolences as well to the families who are here.
15 And I also want to extend a
16 thank-you to Senator Kennedy and all of those who
17 are responsible for bringing all of this
18 legislation here for a vote today.
19 The legislation before us today
20 focuses on transportation, as it should. But I'd
21 like to suggest that there will be more
22 legislation that's coming forward. In my
23 district, which is several hundred miles from the
24 crash site, lives a woman who on the day of this
25 crash was grieving the loss of her husband. And
4817
1 as she was still working through that grieving
2 process, she got a call that she needed to come
3 and get her grandson because his father, her son,
4 was killed in that crash. And so was her
5 grandson's mother. And so were three of his
6 aunts.
7 I have had the opportunity to meet
8 with this amazing woman. But I can tell you
9 stories about the bureaucratic red tape related
10 to this issue, whether it's dealing with
11 childcare or getting custody of that baby or it's
12 legal matters. We have a lot more work to do.
13 And again, I commend everyone for
14 taking the first step addressing the issues with
15 transportation. But there is a lot more we need
16 to do to help the victims.
17 I'll be voting aye on all nine
18 pieces of legislation today, Mr. President.
19 Thank you.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Helming to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
4818
1 (Extended standing ovation.)
2 ACTING PRESIDENT BENJAMIN:
3 Calendar Number 1084, Senate Print 6186A, by
4 Senator Metzger, an act to amend the Vehicle and
5 Traffic Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 120th 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 1085, Senate Print 6187A, by Senator Gaughran, an
21 act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect one year after it shall
4819
1 have become a law.
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 1086, Senate Print 6188A, by Senator Gaughran, an
12 act to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect one year after it shall
17 have become a law.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN: Senator
22 Gaughran to explain his vote.
23 SENATOR GAUGHRAN: Thank you,
24 Mr. President.
25 And like others have said, I just
4820
1 want to commend the families who are here today
2 from these two horrific tragedies. They have
3 channeled this tragedy into activism, and I so
4 admire you.
5 And for the families in particular
6 from the Cutchogue crash in Long Island, I know
7 you've been working on this for quite a number of
8 years. And I know Nancy DiMonte, who is with us,
9 who's been a tireless advocate, whose daughter
10 did live, Joelle, but whose daughter will never
11 be the same, recently said to Newsday about us
12 not acting, she said: "Is this complacency,
13 negligence, bureaucracy, or lack of motivation to
14 change things?"
15 Well, Nancy, all I can tell you is
16 we are acting today. We are moving forward. We
17 know there is more work to do. On my two bills,
18 the one that was just adopted, it requires
19 commercial GPS. So that is for all limousine
20 drivers. So that means that they will know if
21 there is a dangerous turn, if there's a dark
22 road, if there's something up ahead that they
23 should be aware of -- which they would not know
24 if they didn't have a commercial GPS. It will
25 also be a tool for the owner of the company to go
4821
1 back and look and review to make sure that their
2 driver was safe.
3 The other bill, which we are voting
4 on now, will significantly increase the penalties
5 for excessive speeding, dangerous driving, going
6 through red lights, and making an illegal U-turn,
7 which was a major part of the tragedy in
8 Cutchogue.
9 So Mr. President, I would like to
10 also thank our leader for bringing this to the
11 floor, and Senator Kennedy for not only his
12 leadership but for bringing me in on all of these
13 bills and working so closely with him.
14 And these are not going to solve
15 every single tragedy. We will have more. But I
16 guarantee you every one of these bills will save
17 lives.
18 I vote aye, Mr. President.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Gaughran to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
4822
1 1087, Senate Print 6189A, by Senator Kaplan, an
2 act to establish the passenger safety task force
3 on safety for passengers transported by stretch
4 limousines.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 30th day after it
9 shall have become a law.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN: Senator
14 Kaplan to explain her vote.
15 SENATOR KAPLAN: Thank you,
16 Mr. President.
17 I rise as the proud sponsor of this
18 legislation that will help protect our residents.
19 For too long New Yorkers took safety for granted
20 when getting into a limousine. We wrongly
21 assumed that these vehicles were all safe and
22 that their operators were all trained in their
23 safe operations. But I think we got a rude
24 awakening with the unimaginable tragedies that
25 took place in Cutchogue and Schoharie.
4823
1 No families should have to
2 experience the loss of their loved ones because
3 of something that could have possibly been
4 prevented. So that is why we're taking action to
5 reform limousine safety in New York, because we
6 have a duty to the families across the state to
7 do everything we can to prevent the senseless
8 tragedy from happening again.
9 I want to thank the families who are
10 here today, our Majority Leader Andrea
11 Stewart-Cousins, and Senator Kennedy for pushing
12 these legislations forward. And I vote in the
13 affirmative. Thank you.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Kaplan to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1089, Senate Print 6191A, by Senator Kennedy, an
22 act to amend the Transportation Law and the
23 Vehicle and Traffic Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
4824
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 180th day after it
3 shall have become a law.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN: Senator
8 Carlucci to explain his vote.
9 SENATOR CARLUCCI: Thank you,
10 Mr. President.
11 I too -- I want to thank Senator
12 Kennedy and the entire team of sponsors putting
13 forth this package of legislation, the families
14 for turning this tragedy into a wake-up call for
15 New York and the country to make sure that it
16 never happens again.
17 This -- all of this legislation is
18 important, and particularly this piece, to make
19 sure that -- you know, often when we're using a
20 limousine, it's a celebration, it's a party. And
21 we often forget that we are still in a -- in a
22 automotive -- in a car, in a vehicle. If you're
23 not wearing a seat belt, if you don't have access
24 to the seat belt, the situation can be
25 devastating.
4825
1 We know in the United States
2 unfortunately that half of the fatalities that
3 occur on our roads are because people are not
4 wearing a seat belt. This legislation goes
5 further, to have an escape window to be able to
6 have a hatch, modeled after California's law.
7 This is where we need to be going.
8 I want to thank all of my colleagues
9 for supporting this legislation to put these
10 commonsense safety features in limousines. This
11 will protect people in New York State, and it
12 will save lives.
13 So thank you, Mr. President. I'll
14 be supporting this legislation.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Carlucci to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1090, Senate Print 6192, by Senator Kennedy, an
23 act to amend the Transportation Law and the
24 Vehicle and Traffic Law.
25 ACTING PRESIDENT BENJAMIN: Read
4826
1 the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the first of April.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1091, Senate Print 6193A, by Senator Kennedy, an
14 act to amend the Transportation Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 180th day after it
19 shall have become a law.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN: Senator
24 Seward to explain his vote.
25 SENATOR SEWARD: Yes, thank you,
4827
1 Mr. President.
2 I rise to say that I am very pleased
3 to support this package of bills which will
4 enhance limousine safety in New York State and
5 save lives.
6 You know, as the Senator
7 representing Schoharie County, it was -- in fact,
8 I was in the county back in October on that
9 beautiful October day when we received word that
10 that horrific, horrific crash had occurred right
11 in that small county and in that small town of
12 Schoharie.
13 And two days later I visited the
14 site to pay my respects as well as meet with the
15 chairman of the National Transportation Safety
16 Board.
17 And a couple of weeks after that, I
18 was very honored to attend a special community
19 ceremony -- and many of the family members
20 attended that event in Schoharie at the Schoharie
21 Central School -- that honored the first
22 responders who responded to that horrific crash
23 that day, most of which were volunteers, and very
24 much impacted by that gruesome scene. But they
25 did their job, and I honor those that responded
4828
1 to that crash that day.
2 But I also want to say how much I
3 honor the families who have turned unimaginable
4 grief toward a -- in a positive direction, to
5 stand up and demand changes in our laws in the
6 State of New York.
7 And today we are beginning that
8 process, so something good is coming out of this
9 horrible tragedy. And I know there was --
10 previous to that there was a tragedy on
11 Long Island as well. But something good is
12 coming out of these horrific accidents. And I'm
13 very, very pleased to support these bills. It
14 will make limousines safer in New York and will
15 save lives going forward.
16 And I'm hoping that our grieving
17 families will take some solace from that their
18 actions and their voices have made some very
19 positive changes.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Seward to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
4829
1 THE SECRETARY: Calendar Number
2 1095, Senate Print 2537A, by Senator Comrie, an
3 act to amend the Private Housing Finance Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect June 15, 2021.
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 1151, Senate Print 6185, by Senator May, an act
18 to amend the Transportation Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 180th day after it
23 shall have become a law.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
4830
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN: Senator
3 May to explain her vote.
4 SENATOR MAY: Thank you,
5 Mr. President.
6 I'm pleased to vote aye on this bill
7 and all of the preceding bills about limousine
8 safety in honor of the young people who died so
9 tragically in the accidents, but also in honor of
10 their brave family members who have worked so
11 hard to make this happen -- not just for their
12 own loved ones, but for my loved ones and your
13 loved ones and all of the people of New York.
14 My bill is invoking 21st-century
15 information technology so that we can gather the
16 information, the people who are riding in the
17 limousines can alert the Department of
18 Transportation of concerns, and we can have more
19 transparency and more accountability.
20 And I -- it is just one more piece
21 in the puzzle of making our streets safer, our
22 young people safer, and of honoring the lives of
23 people we have lost.
24 So thank you very much. I vote aye.
25 ACTING PRESIDENT BENJAMIN: Senator
4831
1 May to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 Senator Gianaris, that completes the
7 reading of today's calendar.
8 SENATOR GIANARIS: Mr. President,
9 can we now take up the supplemental calendar,
10 please.
11 ACTING PRESIDENT BENJAMIN: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1209, Senate Print 598, by Senator Hoylman, an
15 act to amend the Penal Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 6. This
19 act shall take effect on the first of November.
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: In relation to
4832
1 Calendar Number 1209, those Senators voting in
2 the negative are Senators Akshar, Amedore,
3 Antonacci, Boyle, Flanagan, Funke, Gallivan,
4 Griffo, Helming, Jacobs, Jordan, Lanza, LaValle,
5 Little, O'Mara, Ortt, Serino and Tedisco. Also
6 Senator Ranzenhofer.
7 Ayes, 41. Nays, 19.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 There is a substitution at the desk.
11 The Secretary will read.
12 THE SECRETARY: Senator O'Mara
13 moves to discharge, from the Committee on Local
14 Government, Assembly Bill Number 505 and
15 substitute it for the identical Senate Bill 948,
16 Third Reading Calendar 1211.
17 ACTING PRESIDENT BENJAMIN: The
18 substitution is so ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1211, Assembly Bill Number 505, by
22 Assemblymember Lifton, an act to amend the
23 General Municipal Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
4833
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 1211, voting in the negative:
10 Senator Ortt.
11 Ayes, 59. Nays, 1.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Lanza moves
17 to discharge, from the Committee on Cities,
18 Assembly Bill Number 7006 and substitute it for
19 the identical Senate Bill 2388, Third Reading
20 Calendar 1212.
21 ACTING PRESIDENT BENJAMIN: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1212, Assembly Print Number 7006, by
4834
1 Assemblymember Cusick, an act to amend
2 Chapter 306 of the Laws of 2011.
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 1215, Senate Print 5120, by Senator
17 Stewart-Cousins, an act authorizing the
18 alienation of certain parklands in the Village of
19 Tarrytown.
20 ACTING PRESIDENT BENJAMIN: There
21 is a home-rule message at the desk.
22 Read the last section.
23 THE SECRETARY: Section 7. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
4835
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1212, Senate Print 5247, by Senator Harckham, an
10 act authorizing the Commissioner of
11 General Services to convey real property in
12 Westchester County.
13 ACTING PRESIDENT BENJAMIN: There
14 is a home-rule message at the desk.
15 Read the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
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.
4836
1 THE SECRETARY: Calendar Number
2 1219, Senate Print 5531, by Senator Martinez, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 5. 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: Senator
12 Helming to explain her vote.
13 SENATOR HELMING: Thank you,
14 Mr. President.
15 I want to thank Senator Martinez for
16 bringing this bill to the floor. It's very
17 similar to a bill that I carry and that has
18 passed this body in the past. I am very hopeful
19 that this year, with one-party control, that this
20 bill will be able to be passed in the Assembly as
21 well and that the Governor will sign off on it.
22 Again, I want to thank the Senator
23 for bringing this forward. It's very important.
24 The way I learned about the impacts of kratom on
25 our youth is through a program called Tall Cop
4837
1 Says Stop. It's a program that was funded in
2 part with dollars from the State Senate.
3 Unfortunately, that money has not been
4 incorporated into this year's budget. Without
5 it, I don't believe we would have had this
6 legislation to ban the sale of kratom and to
7 create this study group.
8 So I implore the sponsor again to
9 push the Senate to get this passed and also to
10 look at the budget for next year and to put
11 funding in to reinstate these programs.
12 Thank you.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Helming to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar 1219, voting in the negative: Senator
18 Antonacci.
19 Ayes, 59. Nays, 1.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1220, Senate Print 5677A, by Senator Comrie, an
24 act to amend the General Business Law and the
25 Public Health Law.
4838
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect on the 90th day after it
5 shall have become a law.
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 1221, Senate Print 5855, by Senator Gaughran, an
16 act to direct the Department of Environmental
17 Conservation, with the assistance of the
18 Department of Transportation, to conduct a study
19 on the environmental and health impacts of John
20 F. Kennedy International Airport.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
4839
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN: Senator
4 Gaughran to explain his vote.
5 SENATOR GAUGHRAN: Thank you,
6 Mr. President.
7 Throughout Long Island and
8 throughout the metropolitan region we often find
9 communities are constantly inundated with these
10 planes that are flying so low that we believe
11 they are creating some health problems for the
12 people that we serve.
13 Obviously the state government has
14 nothing to do with flight patterns, but I do
15 believe we have an obligation to our constituents
16 to have this issue studied thoroughly so that we
17 can provide the information to the federal
18 government, not just anecdotes, but actual facts,
19 to try to urge them to change the flight patterns
20 so that we're not unduly burdening certain
21 communities.
22 I vote aye, Mr. President.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Gaughran to be recorded in the affirmative.
25 Senator Robach to explain his vote.
4840
1 SENATOR ROBACH: Yes, Mr. Speaker,
2 just very quickly to explain my vote.
3 I appreciate the sponsor's effort,
4 but, you know, my thinking is a little bit
5 different. We don't have money for
6 infrastructure, roads and bridges. I have no
7 idea how much this study is going to cost. But I
8 do know this, that we all have airports in our
9 areas. You change the flight pattern from one,
10 it's going to bother some other neighborhood.
11 So to me, this just isn't an
12 efficient way to spend government money at a time
13 when we need money for so many other important
14 things. I vote in the negative.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Robach to be recorded in the negative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1221, those Senators voting in
20 the negative are Senators Akshar, Amedore,
21 Antonacci, Funke, Griffo, Jacobs, Jordan, Lanza,
22 Little, O'Mara, Ortt, Ranzenhofer, Ritchie,
23 Robach, Savino, Serino, Seward and Tedisco.
24 Ayes, 42. Nays, 18.
25 ACTING PRESIDENT BENJAMIN: The
4841
1 bill is passed.
2 There is a substitution at the desk.
3 The Secretary will read.
4 THE SECRETARY: Senator Ramos moves
5 to discharge, from the Committee on Rules,
6 Assembly Bill Number 2156 and substitute it for
7 the identical Senate Bill 6020, Third Reading
8 Calendar 1222.
9 ACTING PRESIDENT BENJAMIN: The
10 substitution is so ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1222, Assembly Print Number 2156, by
14 Assemblymember Schimminger, an act to amend
15 Chapter 413 of the Laws of 2003.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. 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, 60.
4842
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1223, Senate Print 6155, by Senator
5 Stewart-Cousins, an act to amend the
6 Environmental Conservation Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
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 1224, Senate Print 6162, by Senator Harckham, an
21 act to amend the Public Authorities Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
4843
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 1224, voting in the negative:
8 Senator LaValle.
9 Ayes, 59. Nays, 1.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1225, Senate Print 6166, by Senator Brooks, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT BENJAMIN: The
4844
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1226, Senate Print 6170, by Senator May, an act
4 to amend the Vehicle and Traffic Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1227, Senate Print 6174, by Senator May, an act
19 to amend the Environmental Conservation 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.
4845
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar Number 1227, voting in the negative:
6 Senator LaValle.
7 Ayes, 60. Nays, 1.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1228, Senate Print 6235, by Senator Metzger, an
12 act to amend the General Municipal Law and the
13 Tax Law.
14 SENATOR GIANARIS: Lay it aside
15 temporarily, please.
16 ACTING PRESIDENT BENJAMIN: Lay it
17 aside temporarily.
18 Senator Gianaris, that completes the
19 reading of the supplemental calendar.
20 SENATOR GIANARIS: Thank you,
21 Mr. President.
22 If we could go back to motions for a
23 moment, I have several.
24 ACTING PRESIDENT BENJAMIN: We are
25 returning to motions and resolutions.
4846
1 SENATOR GIANARIS: I offer
2 amendments to the following Third Reading
3 Calendar bills:
4 On page 16, Calendar Number 492,
5 Senate Print 2844, by Senator Ramos;
6 On page 13, Calendar Number 409,
7 Senate Print 4588, by Senator Mayer;
8 And on page 36, Calendar Number 861,
9 Senate Print 4118B, by Senator Liu.
10 ACTING PRESIDENT BENJAMIN: The
11 amendments are received, and the bills shall
12 retain their place on the Third Reading Calendar.
13 SENATOR GIANARIS: On behalf of
14 Senator Persaud, I wish to call up Senate 2387,
15 recalled from the Assembly, which is now at the
16 desk.
17 ACTING PRESIDENT BENJAMIN: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 459, Senate Print 2387, by Senator Persaud, an
21 act to amend the General Business Law.
22 SENATOR GIANARIS: I move to
23 reconsider the vote by which the bill was passed.
24 ACTING PRESIDENT BENJAMIN: The
25 Secretary will call the roll on reconsideration.
4847
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is restored to its place on the Third
5 Reading Calendar.
6 SENATOR GIANARIS: I offer the
7 following amendments.
8 ACTING PRESIDENT BENJAMIN: The
9 amendments are received.
10 SENATOR GIANARIS: I also offer
11 amendments to the following Third Reading
12 Calendar bills:
13 On page 57, Calendar Number 1143,
14 Senate Print 4876, by Senator Metzger;
15 On page 6, Calendar Number 181,
16 Senate Print 727, by Senator Montgomery;
17 On page 25, Calendar Number 666,
18 Senate Print 3664, by Senator Gianaris;
19 On page 56, Calendar Number 1116,
20 Senate Print 4396, by Senator Ramos;
21 On page 59, Calendar Number 1187,
22 Senate Print 4416A, by Senator Kaplan.
23 ACTING PRESIDENT BENJAMIN: The
24 amendments are received, and the bills shall
25 retain their place on the Third Reading Calendar.
4848
1 SENATOR GIANARIS: Okay. If we
2 could now return to reports of standing
3 committees and take up the report of the
4 Finance Committee that is now at the desk, and
5 then please recognize Senator Krueger on the
6 nomination.
7 ACTING PRESIDENT BENJAMIN: We will
8 return to reports of standing committees.
9 There is a report of the Finance
10 Committee at the desk.
11 The Secretary will read.
12 THE SECRETARY: Senator Krueger,
13 from the Committee on Finance, reports the
14 following nomination:
15 Cesar A. Perales, of Brooklyn,
16 New York, as Trustee of the State University of
17 New York.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Krueger.
20 SENATOR KRUEGER: Thank you,
21 Mr. President.
22 The Governor has sent us the
23 nomination of Cesar A. Perales to be a
24 representative on the Board of Trustees of the
25 State University of New York. He was unanimously
4849
1 passed through both the Higher Ed Committee and
2 the Finance Committee a little earlier today.
3 He is truly an extraordinary public
4 servant who has a multipage resume going back to
5 his originally being an attorney with
6 Neighborhood Legal Services, through his role in
7 the White House, the Department of Health,
8 Education and Welfare in the '70s; the Puerto
9 Rican Legal Defense and Education Fund multiple
10 times; the New York State Department of Social
11 Services, as its commissioner from '83 to '91; a
12 deputy mayor of the City of New York; the senior
13 vice president of the New York Presbyterian
14 Hospital; a senior fellow, Baruch School of
15 Public Affairs; and of course as the Secretary of
16 State for the State of New York until recently.
17 Again, you just can't find too many
18 people with this kind of resume and this kind of
19 history of service to the State of New York.
20 And I know that I speak for all of
21 us who know him to say we are very excited that
22 we will have the opportunity soon to vote for him
23 to be a SUNY Board of Trustees member.
24 And I think there are several other
25 members who wish to speak, Mr. President.
4850
1 Thank you very much.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Stavisky on the nomination.
4 SENATOR STAVISKY: Thank you,
5 Mr. President.
6 And very briefly, Senator Krueger
7 read this unusually broad resume in all areas of
8 government, but she left out what I consider to
9 be an extremely important issue, and that's the
10 fact that he graduated from the City College of
11 New York, CCNY, part of CUNY. Because CUNY and
12 SUNY are devoted to looking for young people
13 whose careers can perhaps attempt to approach
14 that of Mr. Perales.
15 He has an extraordinary background,
16 and I just feel that the State of New York is
17 very fortunate that he's willing to offer his
18 service as a trustee of SUNY.
19 And let me add that he is replacing
20 a highly competent, respected former member of
21 the State Senate, H. Carl McCall, and we thank
22 Mr. McCall for his services. But I know he is
23 going to be delighted that his seat will now be
24 occupied by Mr. Perales.
25 Thank you, Mr. President.
4851
1 ACTING PRESIDENT BENJAMIN: Senator
2 Mayer on the nomination.
3 SENATOR MAYER: Thank you,
4 Mr. President.
5 I rise too to commend this
6 nomination and to say how thrilled I am that my
7 old friend Cesar Perales is going to be a member
8 of the SUNY board, one of the most important
9 boards, from my perspective, that we have.
10 Because the decisions they make
11 about the students of New York State that have
12 the great opportunity to attend any of the SUNY
13 schools, as I did, it is an extraordinary
14 opportunity. But we have challenges to keep it
15 affordable and as high-quality as it has been.
16 Cesar Perales and I worked together
17 in the world of New York City hospitals, in a
18 very challenging environment. He was an
19 extraordinary colleague and friend and partner in
20 ensuring that our hospitals served some of
21 New York City's neediest and most diverse
22 communities, and we were committed jointly to
23 that mission. We worked together.
24 His service is so commendable. I
25 know he is replacing the great leadership of
4852
1 H. Carl McCall. I look forward to working
2 closely with him, and I rise to support his
3 nomination.
4 Thank you, Mr. President.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Sepúlveda on the nomination.
7 SENATOR SEPÚLVEDA: Thank you,
8 Mr. President, for allowing me to express my
9 support.
10 Mr. Perales has been an icon in
11 New York State in our communities. He is
12 replacing a great person, a great leader in Carl
13 McCall. But for us in the Puerto Rican community
14 and the Latino community, having Mr. Perales
15 become the new trustee and the face of this
16 agency is a humongous source of pride for us.
17 We are looking for the Governor to
18 diversify all bodies of government, all agencies,
19 and this is a wonderful step in the right
20 direction.
21 He's a person -- Mr. Perales is a
22 person that many of us look up to as someone
23 whose shoulders we stand on, someone we look up
24 to as a role model. And I'm sure that many
25 individuals, many young men and women in the
4853
1 Puerto Rican and Latino community, will have an
2 enormous sense of pride that he will now be a
3 trustee on the board.
4 And we're very happy to have him be
5 the new person to replace Carl McCall. We
6 couldn't think of a better person to replace
7 Mr. McCall.
8 So I strongly support his
9 nomination. Thank you.
10 ACTING PRESIDENT BENJAMIN: Senator
11 Montgomery on the nomination.
12 SENATOR MONTGOMERY: Yes, thank
13 you, Mr. President. I rise to also support the
14 nomination of Cesar Perales.
15 And I must say that he is a
16 constituent and is a Brooklynite, and we are very
17 proud of him. He's the first -- he's the -- a
18 Brooklyn first son. And we are so very, very --
19 I believe very fortunate to have someone who has
20 his depth of experience, the fact that he knows
21 New York from soup to nuts, from top to bottom,
22 and is especially committed to the young people
23 in our state and knows them because he has been
24 one of them all of his life.
25 So I congratulate you, Mr. Perales.
4854
1 I congratulate him, thank the Governor for making
2 such a wise appointment for us, and thank the
3 leader for giving us an opportunity to receive
4 this graciously.
5 And I support this nomination of
6 Cesar Perales as a member of the Board of
7 Trustees of the State University of New York.
8 Thank you.
9 ACTING PRESIDENT BENJAMIN: The
10 question is on the nomination of Cesar A. Perales
11 as a Trustee of the State University of New York.
12 All in favor say aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT BENJAMIN:
15 Opposed?
16 (Response of "Nay.")
17 ACTING PRESIDENT BENJAMIN: Cesar
18 A. Perales has been confirmed as a Trustee of the
19 State University of New York.
20 Please rise and be recognized.
21 (Standing ovation.)
22 ACTING PRESIDENT BENJAMIN: Senator
23 Gianaris.
24 SENATOR GIANARIS: Mr. President,
25 can we return to Calendar 1228 and lay that bill
4855
1 aside for the day.
2 ACTING PRESIDENT BENJAMIN: The
3 bill will be laid aside for the day.
4 Senator Gianaris.
5 SENATOR GIANARIS: And in
6 consultation with Senator Flanagan, Leader
7 Stewart-Cousins hands up the following committee
8 assignments.
9 ACTING PRESIDENT BENJAMIN: The
10 hand-ups are received and filed.
11 SENATOR GIANARIS: Is there any
12 further business at the desk?
13 ACTING PRESIDENT BENJAMIN: There
14 is no further business at the desk.
15 SENATOR GIANARIS: In that case, I
16 move to adjourn until Tuesday, June 11th, at
17 1:00 p.m., intervening days being legislative
18 days.
19 ACTING PRESIDENT BENJAMIN: On
20 motion, the Senate stands adjourned until
21 Tuesday, June 11th, at 1:00 p.m., intervening
22 days being legislative days.
23 (Whereupon, at 1:13 p.m., the Senate
24 adjourned.)
25