Regular Session - June 11, 2019
4868
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 11, 2019
11 2:58 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
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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:
9 Reverend Steven Milazzo, the lead pastor of
10 Bethlehem Assembly of God in Valley Stream, will
11 deliver today's invocation.
12 Reverend Milazzo.
13 REVEREND MILAZZO: Thank you. I am
14 deeply honored to be here today. Let us pray
15 together.
16 Almighty God, we are humbled as we
17 stand in Your presence, for in You we live and
18 breathe and have our being. We acknowledge that
19 You are the creator of every good thing. We give
20 You thanks for blessing our great nation and for
21 Your mercies that are new every day.
22 I pray today for our leaders and
23 those who have been appointed by the people of
24 this great state. I pray that You will always
25 reveal to them just how loving and gracious and
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1 holy and good You are. I pray that You would
2 grant them wisdom to choose that which is just
3 and righteous and reflects Your perfect will.
4 I pray You would bless these
5 wonderful men and women with a deep desire to
6 walk with You each day. Teach them Your ways,
7 show them Your truth, and give them Your
8 strength. Bless their families. And let the
9 wisdom that is found in Your holy word illuminate
10 their minds and transform their lives.
11 As one nation, give us compassion
12 and a giving heart to those around us. Hold us
13 to a higher calling, that we will carefully
14 observe Your commandments and be one nation under
15 God, with liberty and justice for all. In Your
16 strong and holy name, we pray.
17 Amen.
18 (Response of "Amen.")
19 REVEREND MILAZZO: God bless you.
20 ACTING PRESIDENT BENJAMIN: The
21 reading of the Journal.
22 THE SECRETARY: In Senate, Monday,
23 June 10, 2019, the Senate met pursuant to
24 adjournment. The Journal of Sunday, June 9,
25 2019, was read and approved. On motion, Senate
4871
1 adjourned.
2 ACTING PRESIDENT BENJAMIN: Without
3 objection, the Journal stands approved as read.
4 Presentation of petitions.
5 Messages from the Assembly.
6 The Secretary will read.
7 THE SECRETARY: On page 9,
8 Senator Griffo moves to discharge, from the
9 Committee on Environmental Conservation,
10 Assembly Bill Number 6963A and substitute it for
11 the identical Senate Bill 2906A, Third Reading
12 Calendar 227.
13 ACTING PRESIDENT BENJAMIN: The
14 substitution is so ordered.
15 THE SECRETARY: On page 26,
16 Senator Carlucci moves to discharge, from the
17 Committee on Rules, Assembly Bill Number 4467A
18 and substitute it for the identical Senate Bill
19 Number 1243B, Third Reading Calendar 676.
20 ACTING PRESIDENT BENJAMIN: The
21 substitution is so ordered.
22 THE SECRETARY: On page 32,
23 Senator Carlucci moves to discharge, from the
24 Committee on Rules, Assembly Bill Number 7310A
25 and substitute it for the identical Senate Bill
4872
1 Number 5253A, Third Reading Calendar 799.
2 ACTING PRESIDENT BENJAMIN: The
3 substitution is so ordered.
4 THE SECRETARY: On page 32,
5 Senator Gaughran moves to discharge, from the
6 Committee on Rules, Assembly Bill Number 4752B
7 and substitute it for the identical Senate Bill
8 5674, Third Reading Calendar 803.
9 ACTING PRESIDENT BENJAMIN: The
10 substitution is so ordered.
11 THE SECRETARY: On page 38,
12 Senator Sanders moves to discharge, from the
13 Committee on Rules, Assembly Bill Number 7604 and
14 substitute it for the identical Senate Bill
15 Number 5411, Third Reading Calendar 900.
16 ACTING PRESIDENT BENJAMIN: The
17 substitution is so ordered.
18 THE SECRETARY: On page 45, Senator
19 Kaplan moves to discharge, from the Committee on
20 Rules, Assembly Bill Number 3217 and substitute
21 it for the identical Senate Bill Number 2413,
22 Third Reading Calendar 1024.
23 ACTING PRESIDENT BENJAMIN: The
24 substitution is so ordered.
25 THE SECRETARY: On page 46,
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1 Senator Comrie moves to discharge, from the
2 Committee on Cultural Affairs, Tourism and Parks
3 and Recreation, Assembly Bill Number 6462 and
4 substitute it for the identical Senate Bill 5369,
5 Third Reading Calendar 1034.
6 ACTING PRESIDENT BENJAMIN: The
7 substitution is so ordered.
8 THE SECRETARY: On page 54,
9 Senator Sanders moves to discharge, from the
10 Committee on Racing, Gaming and Wagering,
11 Assembly Bill Number 4623 and substitute it for
12 the identical Senate Bill Number 4587, Third
13 Reading Calendar 1188.
14 ACTING PRESIDENT BENJAMIN: The
15 substitution is so ordered.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Gianaris.
23 SENATOR GIANARIS: Mr. President,
24 on behalf of Senator Mayer, I move the following
25 bill be discharged from its respective committee
4874
1 and be recommitted with instructions to strike
2 the enacting clause: Senate Bill 4462.
3 ACTING PRESIDENT BENJAMIN: It is
4 so ordered.
5 SENATOR GIANARIS: Okay.
6 Mr. President, amendments are offered to the
7 following long list of Third Reading Calendar
8 bills.
9 On behalf of Senator Biaggi, on
10 page 9, Calendar Number 228, Senate Print 3103;
11 Senator Kavanagh, page 12, Calendar
12 Number 371, Senate Print 2301;
13 Senator Persaud, page 15, Calendar
14 Number 454, Senate Print 1092D;
15 Senator Breslin, page 15, Calendar
16 Number 462, Senate Print 2849;
17 Senator Ramos, page 16, Calendar
18 Number 492, Senate Print 2844A;
19 Senator Benjamin, page 18, Calendar
20 Number 521, Senate Print 456A;
21 Senator Brooks, page 20, Calendar
22 Number 567, Senate Print 3685A;
23 Senator Kaplan, page 21, Calendar
24 Number 590, Senate Print 3281;
25 Senator Savino, page 30, Calendar
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1 Number 764, Senate Print 4203;
2 Senator Montgomery, page 30,
3 Calendar Number 766, Senate Print 5516A;
4 Senator Skoufis, page 31, Calendar
5 Number 786, Senate Print 1662B;
6 Senator Myrie, page 35, Calendar
7 Number 850, Senate Print 5428;
8 Senator Sanders, page 49, Calendar
9 Number 1074, Senate Print 3222A;
10 Senator Rivera, page 51, Calendar
11 Number 1107, Senate Print 5485;
12 Senator Sanders, page 9, Calendar
13 Number 221, Senate Print 2884B;
14 Senator Thomas, page 19, Calendar
15 Number 547, Senate Print 2829A;
16 Senator Myrie, page 35, Calendar
17 Number 850, Senate Print 5428;
18 Senator Martinez, page 50, Calendar
19 Number 1080, Senate Print 5671;
20 And Senator Hoylman, page 11,
21 Calendar Number 318, Senate Print 3297C.
22 ACTING PRESIDENT BENJAMIN: The
23 amendments are received, and the bills shall
24 retain their place on the Third Reading Calendar.
25 SENATOR GIANARIS: Mr. President,
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1 by unanimous consent, I wish to call up the
2 following bills, which were recalled from the
3 Assembly and are now at the desk:
4 Senate Print 3247A, Senate Print
5 2109, Senate Print 3444, Senate Print 3806,
6 Senate Print 4092, Senate Print 5281A, Senate
7 Print 4165, and Senate Print 4166.
8 ACTING PRESIDENT BENJAMIN: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 146, Senate Print 3247A, by Senator Salazar, an
12 act to amend the Public Health Law;
13 Calendar Number 183, Senate Print
14 2109, by Senator Sanders, an act to amend the
15 Banking Law;
16 Calendar Number 286, Senate Print
17 3444, by Senator Harckham, an act to amend the
18 Executive Law;
19 Calendar Number 297, Senate Print
20 3806, by Senator Ramos, an act to establish a
21 Latina suicide prevention task force;
22 Calendar Number 384, Senate Print
23 4092, by Senator Kaminsky, an act authorizing the
24 Village of Island Park to retroactively apply for
25 a real property tax exemption for certain
4877
1 property;
2 Calendar Number 578, Senate Print
3 5281A, by Senator Skoufis, an act alienating
4 certain parklands in the Town of Stony Point,
5 County of Rockland;
6 Calendar Number 819, Senate Print
7 4165, by Senator Addabbo, an act to amend
8 Chapter 288 of the Laws of 2014;
9 Calendar Number 708, Senate Print
10 4166, by Senator Addabbo, an act to amend the
11 Education Law.
12 SENATOR GIANARIS: I move to
13 reconsider the vote by which these bills were
14 passed.
15 ACTING PRESIDENT BENJAMIN: The
16 Secretary will call the roll on reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 55.
19 ACTING PRESIDENT BENJAMIN: The
20 bills are restored to their place on the
21 Third Reading Calendar.
22 SENATOR GIANARIS: I offer the
23 following amendments on the aforementioned bills.
24 ACTING PRESIDENT BENJAMIN: The
25 amendments are received.
4878
1 SENATOR GIANARIS: Please recognize
2 Senator Griffo.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Griffo.
5 SENATOR GRIFFO: Thank you,
6 Mr. President.
7 On behalf of Senator Little, I wish
8 to call up Senate Bill 1997, recalled from the
9 Assembly, which is now before the desk.
10 ACTING PRESIDENT BENJAMIN: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 1155, Senate Print 1997, by Senator Little, an
14 act to amend the General Municipal Law.
15 SENATOR GRIFFO: Mr. President, I
16 now move to reconsider the vote by which the bill
17 was passed.
18 ACTING PRESIDENT BENJAMIN: The
19 Secretary will call the roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is restored to its place on the Third
24 Reading Calendar.
25 SENATOR GRIFFO: I offer the
4879
1 following amendments.
2 ACTING PRESIDENT BENJAMIN: The
3 amendments are received.
4 SENATOR GRIFFO: Also,
5 Mr. President, on behalf of Senator Ranzenhofer,
6 on page 43 I offer the following amendments to
7 Calendar Number 973, Senate Print Number 5936,
8 and ask that the bill retain its place on
9 third reading.
10 ACTING PRESIDENT BENJAMIN: The
11 amendments are received, and the bill shall
12 retain its place on the Third Reading Calendar.
13 Senator Gianaris.
14 SENATOR GIANARIS: At this time,
15 Mr. President, can we please take up previously
16 adopted Resolution 1539, by Senator Hoylman, read
17 its title only, and recognize Senator Hoylman.
18 ACTING PRESIDENT BENJAMIN: The
19 Secretary will read.
20 THE SECRETARY: Senate Resolution
21 1539, by Senator Hoylman, commemorating the
22 50th Anniversary of the Stonewall Riots, a series
23 of spontaneous demonstrations by members of the
24 LGBTQ community that took place in the early
25 morning hours on June 28, 1969, at the
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1 Stonewall Inn in New York City, and led to the
2 modern international LGBTQ human rights movement.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Hoylman on the resolution.
5 SENATOR HOYLMAN: Thank you,
6 Mr. President.
7 This may be the first time Lady Gaga
8 has been quoted on the floor of the Senate, but
9 she said "Being gay is like glitter, it never
10 goes away." And she's right. And that's kind of
11 what Pride Month is about. Because, sure, it's
12 fabulous and glitter-filled, with parades in
13 New York City across the five boroughs -- my
14 colleagues were celebrating in Brooklyn this past
15 weekend; they've done so in Queens and upstate
16 and Buffalo and elsewhere.
17 In New York City this month,
18 Mr. President, there are expected to be more than
19 4 million people for what's being called World
20 Pride, and there are going to be drag queens and
21 floats and balloons and dancing and scantily clad
22 men and women -- a real family day out.
23 But it's also, with all that
24 glitter, it's also about standing up and saying
25 that we are here and we're not going away.
4881
1 And that's what happened on the
2 night of June 29, 1969, that evening that we're
3 celebrating this month, at the Stonewall Inn in
4 my district, that evening that launched the
5 modern LGBTQ human rights movement all across the
6 world. On that day 50 years ago, it was
7 literally a crime to be an LGBTQ New Yorker, with
8 "soliciting homosexual relations" and
9 gender-inappropriate dress considered crimes in
10 the majority of states, including New York.
11 Stonewall served as a common ground,
12 a refuge, a place to not only get a drink but to
13 be with your people -- not only for gay and
14 lesbians, but for drag queens, for transgender
15 folks, for homeless youth. Police officers would
16 periodically raid that bar and harass patrons and
17 issue arrests for alleged crimes. And then, as
18 now, transgender women of color were
19 disproportionately targeted.
20 When one such raid occurred in the
21 early morning hours of June 28, 1969, the patrons
22 had had enough of being continually harassed by
23 the police and rose up in confrontation to defend
24 themselves.
25 And while the police rounded up the
4882
1 patrons, frisking and groping them and inspecting
2 for gender, a crowd of 100 to about 150 people
3 formed outside the bar, waiting and watching.
4 And as tensions rose, one handcuffed transgender
5 woman fighting off four police officers was hit
6 in the head with a baton and exclaimed to the
7 onlookers, "Why don't you guys do something?"
8 And that sparked the riot. The
9 crowd moved forward and began the uprising as we
10 know it.
11 For days afterward, people chanted
12 and marched and danced in the streets, stood
13 together in opposition to this type of oppressive
14 policing and rampant homophobia and transphobia
15 and stood with the broader lesbian, gay and
16 bisexual community.
17 And the Stonewall riots sparked a
18 liberation movement and fight for LGBTQ rights in
19 the U.S. and across the world. The riot inspired
20 LGBTQ people throughout the country to organize
21 in support of their rights and start human rights
22 organizations in nearly every major city.
23 And through the lows of the AIDS
24 crisis, when nearly 100,000 New Yorkers perished,
25 to the highs of winning marriage equality in 2011
4883
1 and everything in between, we stand as a
2 community on the shoulders of those who came
3 before us, members of the community like your
4 former colleague, State Senator Tom Duane, and
5 many others who fought battles and were there
6 when there weren't many allies, and envisioned a
7 world where living openly wouldn't be a privilege
8 but a norm.
9 On this anniversary of the
10 Stonewall riot, we highlight the important and
11 lasting contributions LGBTQ people have made to
12 our great state and nation and celebrate, we
13 celebrate how far we've come. But we also
14 recognize that we have so much to do, so much to
15 fight for, so much to march for for the next 50
16 years. Because the LGBTQ Pride March is just
17 that. It's not a parade, it's a march. It's a
18 march because it represents a struggle, a
19 struggle for equality, a struggle for equal
20 rights.
21 And we know that in our own recent
22 history the struggle continues. I'd be remiss if
23 I didn't mention that for eight long years after
24 marriage equality passed this chamber, not a
25 single LGBTQ-specific bill was brought to the
4884
1 floor for a vote. Well, thankfully, with the
2 package of bills that our leader Andrea
3 Stewart-Cousins has shepherded forward, we're
4 changing that.
5 Mr. President, we're addressing a
6 range of LGBTQ-specific legislation to assist
7 older folks who might be veterans but were
8 dismissed less than honorably simply because they
9 happened to love someone of the same gender or
10 because they were transgender themselves.
11 We're addressing a bill,
12 Mr. President, that will collect data for the
13 first time in the State of New York specific to
14 the LGBTQ community. Because you know, as they
15 say, you can't understand what you don't measure.
16 And it's so important in this age of Washington
17 that we collect accurate data that reflects our
18 communities.
19 We're addressing in this package,
20 Mr. President, a bill carried by another
21 colleague that would examine the rising rates of
22 LGBTQ youth suicide. About 30 percent of LGBTQ
23 youth have considered suicide in their lifetimes.
24 That's something we need to change and we need to
25 look at. I'm very proud of my colleagues in that
4885
1 regard.
2 And, Mr. President, we're looking at
3 how to build families. Now that we have passed
4 marriage equality, I'm proud to sponsor
5 legislation that will for the first time allow
6 legal surrogacy agreements in the State of
7 New York. That's how my husband and I were able
8 to have our two children.
9 And I think every New Yorker should
10 have that opportunity, whether they be LGBTQ or
11 wanting to start a family and unable to do so
12 because of issues of infertility.
13 The other issues, Mr. President,
14 that we can't forget are people like Layleen
15 Polanco, a transgender woman who just recently
16 died in her cell on Rikers Island.
17 Too often transgender people are
18 subject to systemic violence. In some states --
19 and that's why it's so great to be here in the
20 State of New York -- you can get married one day
21 and fired from your job and kicked out of your
22 home the next because they do not have the
23 protections that we have put into place,
24 including a transgender civil rights law that we
25 passed this year.
4886
1 Of course racism is still rampant.
2 People with HIV and AIDS are still stigmatized
3 even within our own community. So we can and
4 must do better.
5 It's our responsibility,
6 Mr. President, to finish what the Stonewall riots
7 started 50 years ago -- a movement to obtain
8 basic human rights and freedoms for the entire
9 LGBTQ community.
10 And I hope my colleagues noticed, as
11 they looked to the top of the Capitol, that for
12 the first time in history there is a rainbow flag
13 flying above. And I have to say I was proud to
14 make that suggestion to Governor Cuomo. I think
15 he was out on the roof himself erecting that flag
16 afterward. And I think it represents the strides
17 we have made.
18 But the march and the movement for
19 equality continues onward, and with the help of
20 our colleagues today, we will persevere.
21 Thank you.
22 ACTING PRESIDENT BENJAMIN: The
23 resolution was previously adopted on June 4th.
24 Senator Gianaris.
25 SENATOR GIANARIS: Mr. President,
4887
1 at this point we're going to call an immediate
2 meeting of the Rules Committee in Room 332.
3 ACTING PRESIDENT BENJAMIN: There
4 will be an immediate meeting of the
5 Rules Committee in Room 332.
6 Senator Gianaris.
7 SENATOR GIANARIS: At this point
8 the Senate will stand at ease pending the
9 Rules Committee's work.
10 ACTING PRESIDENT BENJAMIN: The
11 Senate will stand at ease.
12 (Whereupon, the Senate stood at ease
13 at 3:17 p.m.)
14 (Whereupon, the Senate reconvened at
15 3:44 p.m.)
16 ACTING PRESIDENT BENJAMIN: The
17 Senate will return to order.
18 Senator Gianaris.
19 SENATOR GIANARIS: Mr. President,
20 before we stood at ease, we took up a resolution.
21 Can you please open that resolution for
22 cosponsorship.
23 ACTING PRESIDENT BENJAMIN: The
24 resolution is open for cosponsorship. Should you
25 choose not to be a cosponsor of the resolution,
4888
1 please notify the desk.
2 Senator Gianaris.
3 SENATOR GIANARIS: Can we now
4 return to reports of standing committees.
5 I believe there's a report of the
6 Rules Committee at the desk.
7 ACTING PRESIDENT BENJAMIN:
8 Returning to reports of standing committees,
9 there is a Rules Committee report at the desk.
10 The Secretary will read.
11 THE SECRETARY: Senator
12 Stewart-Cousins, from the Committee on Rules,
13 reports the following bills:
14 Senate Print 59, by Senator Robach,
15 an act to amend the Highway Law;
16 Senate Print 725, by
17 Senator Montgomery, an act to amend the
18 Education Law;
19 Senate Print 1128A, by
20 Senator Benjamin, an act to amend the
21 Election Law;
22 Senate Print 1140, by
23 Senator Carlucci, an act to amend the
24 General Business Law;
25 Senate Print 1637, by
4889
1 Senator Brooks, an act to amend the Penal Law;
2 Senate Print 1673, by
3 Senator Skoufis, an act to amend the
4 Transportation Law;
5 Senate Print 1798, by
6 Senator Rivera, an act to amend the Public Health
7 Law and the General Business Law;
8 Senate Print 1816, by
9 Senator Rivera, an act to amend the Public Health
10 Law;
11 Senate Print 2071B, by Senator
12 Hoylman, an act to amend the Family Court Act;
13 Senate Print 2406, by
14 Senator Serrano, an act to amend the
15 Education Law and the Public Health Law;
16 Senate Print 2458, by Senator
17 Akshar, an act authorizing the Town of Hancock,
18 County of Delaware, to alienate and convey
19 certain parcels of land used as parklands;
20 Senate Print 2785A, by
21 Senator Comrie, an act to direct the
22 Metropolitan Transportation Authority to examine,
23 assess and report on potential hazardous
24 structures and storage areas;
25 Senate Print 3141A, by
4890
1 Senator Myrie, an act to amend the Election Law;
2 Senate Print 3293, by
3 Senator Hoylman, an act to amend the Penal Law;
4 Senate Print 3662, by
5 Senator Salazar, an act to amend the
6 Executive Law;
7 Senate Print 3836, by
8 Senator Krueger, an act to amend the Tax Law;
9 Senate Print 4079, by
10 Senator Gounardes, an act to amend the
11 Civil Service Law;
12 Senate Print 4247, by
13 Senator Ranzenhofer, an act to amend the Tax Law;
14 Senate Print 4398, by
15 Senator Addabbo, an act to amend the Tax Law, the
16 Insurance Law and the Executive Law;
17 Senate Print 4442A, by
18 Senator Gianaris, an act to amend the
19 Executive Law;
20 Senate Print 4450, by
21 Senator Amedore, an act to amend the Highway Law;
22 Senate Print 4713, by
23 Senator Ritchie, an act to amend the Vehicle and
24 Traffic Law;
25 Senate Print 5091B, by
4891
1 Senator Comrie, an act to amend the
2 Education Law;
3 Senate Print 5207, by
4 Senator Gounardes, an act to amend the
5 Retirement and Social Security Law;
6 Senate Print 5389, by
7 Senator Comrie, an act to amend the
8 Public Authorities Law;
9 Senate Print 5433A, by
10 Senator Benjamin, an act to amend the
11 Banking Law;
12 Senate Print 5448, by Senator
13 Skoufis, an act to amend the Executive Law;
14 Senate Print 5593, by Senator May,
15 an act to amend the Correction Law;
16 Senate Print 5715, by Senator
17 Metzger, an act to amend the Education Law;
18 Senate Print 5739, by
19 Senator Kaminsky, an act to amend the Town Law
20 and the Village Law;
21 Senate Print 5877, by Senator Liu,
22 an act to amend the Education Law;
23 Senate Print 5905, by
24 Senator Gounardes, an act to amend the
25 Administrative Code of the City of New York;
4892
1 Senate Print 5932, by
2 Senator Comrie, an act to amend the Tax Law;
3 Senate Print 5945, by
4 Senator Sanders, an act to amend the
5 Correction Law;
6 Senate Print 5998, by
7 Senator Comrie, an act to amend the
8 Public Service Law;
9 Senate Print 6268, by
10 Senator Jordan, an act to amend Chapter 465 of
11 the Laws of 2016;
12 Senate Print 6314, by
13 Senator Persaud, an act to amend Chapter 436 of
14 the Laws of 1997;
15 Senate Print 6319, by Senator Liu,
16 an act to amend the Public Authorities Law;
17 Senate Print 6321, by
18 Senator Thomas, an act to amend the
19 Executive Law;
20 Senate Print 6348, by
21 Senator Kaminsky, an act to amend the
22 Environmental Conservation Law;
23 Senate Print 6350, by
24 Senator Kaminsky, an act to amend Chapter 366 of
25 the Laws of 2011 amending the Environmental
4893
1 Conservation Law;
2 Senate Print 6354, by Senator
3 Comrie, an act to amend Chapter 206 of the Laws
4 of 2010 amending the Public Authorities Law;
5 Senate Print 6364, by
6 Senator Martinez, an act to amend the
7 Environmental Conservation Law;
8 Senate Print 6386, by
9 Senator Thomas, an act to amend the
10 Environmental Conservation Law;
11 Senate Print 6387, by
12 Senator Thomas, an act to amend the
13 Environmental Conservation Law;
14 Senate Print 6393, by
15 Senator Brooks, an act to amend the
16 Environmental Conservation Law;
17 Senate Print 6396, by
18 Senator Brooks, an act to amend the
19 Environmental Conservation Law;
20 Senate Print 6413, by
21 Senator Gaughran, an act to amend the
22 Environmental Conservation Law;
23 Senate Print 6414, by
24 Senator Kaminsky, an act to amend the
25 Environmental Conservation Law; and
4894
1 Senate Print 6415, by Senator
2 Harckham, an act to amend the Public Health Law.
3 All bills ordered direct to third
4 reading.
5 SENATOR GIANARIS: Move to accept
6 the report of the Rules Committee.
7 ACTING PRESIDENT BENJAMIN: All in
8 favor of accepting the report of the Rules
9 Committee signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT BENJAMIN:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT BENJAMIN: The
15 Rules Committee report is accepted.
16 SENATOR GIANARIS: Can we now take
17 up the reading of the calendar.
18 ACTING PRESIDENT BENJAMIN: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number 51,
21 Senate Print 1026A, by Senator Rivera, an act to
22 amend the Vehicle and Traffic Law and the
23 Executive Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
4895
1 THE SECRETARY: Section 5. 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:
8 Announce the results.
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 227, Assembly Print Number 6963A, substituted
14 earlier by Assemblymember Buttenschon, an act to
15 amend the Executive 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.
4896
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 231, Senate Print 1974A, by Senator Addabbo, an
5 act to amend the Racing, Pari-Mutuel Wagering and
6 Breeding Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect April 1, 2020.
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 231, those Senators voting in the
18 negative are Senators Akshar, Antonacci, O'Mara,
19 Ortt and Ranzenhofer.
20 Ayes, 54. Nays, 5.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 300, Senate Print 4467A, by Senator Carlucci, an
25 act to establish a black youth suicide prevention
4897
1 task force.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 60th day after it
6 shall have become a law.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN: Senator
11 Carlucci to explain -- Senator Sepúlveda to
12 explain his vote.
13 SENATOR SEPÚLVEDA: Thank you. I
14 know we look alike, but this is Senator
15 Sepúlveda. Thank you.
16 First of all, I want to thank
17 Senator Salazar for sponsoring this bill, and the
18 leader for allowing it to come to the floor, and
19 my colleagues that are voting in favor.
20 This establishes an LGBT youth --
21 I'm sorry?
22 ACTING PRESIDENT BENJAMIN: Point
23 of order.
24 SENATOR SEPÚLVEDA: Point of order.
25 Wrong bill.
4898
1 Same thing. I want to thank them
2 anyway. I want to thank Senator Carlucci for
3 this bill, which establishes a black youth
4 suicide prevention task force to examine,
5 evaluate and determine how to improve mental
6 health and suicide prevention for children aged
7 5 through 18.
8 Now, the issue of suicide, as I've
9 spoken on numerous occasions, is personal to me
10 because my mother suffered from mental illness
11 and when I was around 11 years old, she committed
12 suicide. And as many of you can imagine, that's
13 a very painful thing to deal with growing up,
14 even as an adult. So I try to do everything I
15 can to help people that are suffering from mental
16 illness, especially those that may be susceptible
17 to suicide.
18 According to researchers at the
19 Nationwide Children's Hospital, the study
20 published in the Journal of the American Medical
21 Association Pediatrics showed that suicide rates
22 for black children ages 5 to 12 were roughly two
23 times higher than those for similarly aged white
24 children. Imagine a 5-year-old waiting to take
25 his life away and dealing with depression at such
4899
1 a young and tender age.
2 It is essential to have this task
3 force, and we need to address the risk factors
4 that lead to suicide in our black youth, because
5 this is our children that are dying and, if left
6 untreated, the number will only rise.
7 This task force can help implement
8 recommendations to our state we need to identify
9 the threat of mental illness and prevent suicidal
10 thoughts. Therefore, it is critical to expand
11 our research in hopes that we can change the
12 outcome for young black youth and develop more
13 effective prevention strategies within that
14 community.
15 I vote affirmatively. Thank you.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Sepúlveda to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 300, voting in the negative: Senator
21 Carlucci. Ayes, fifty --
22 (Reaction from members.)
23 THE SECRETARY: Sorry, sorry,
24 forgive me. Antonacci. Antonacci. Antonacci.
25 Antonacci.
4900
1 Ayes, 59. Nays, 1.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 307, Senate Print 25B, by Senator Hoylman, an act
6 to amend the Environmental Conservation Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the first of January.
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 307, those Senators voting in the
18 negative are Senators Akshar, Amedore, Antonacci,
19 Flanagan, Funke, Gallivan, Helming, Jacobs,
20 Jordan, Little, O'Mara, Ortt, Ranzenhofer,
21 Ritchie, Robach, Seward and Tedisco. Also
22 Senator Lanza.
23 Ayes, 42. Nays, 18.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
4901
1 THE SECRETARY: Calendar Number
2 387, Senate Print 4173A, by Senator Gaughran, an
3 act to amend the General Municipal Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 409, Senate Print 4588A, by Senator Mayer, an act
18 to amend the Highway Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
4902
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 444, Senate Print 620, by Senator Boyle, an act
8 to amend the Environmental Conservation Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar Number 444, those Senators voting in the
20 negative are Senators Akshar, Amedore, Flanagan,
21 Gallivan, Helming, Jacobs, Jordan, Lanza, O'Mara,
22 Ortt, Ranzenhofer, and Tedisco. Also Senator
23 Seward and Senator Griffo.
24 Ayes, 46. Nays, 14.
25 ACTING PRESIDENT BENJAMIN: The
4903
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 449, Senate Print 628, by Senator Boyle, an act
4 to amend the Executive Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 180th 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:
14 Announce the results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 574, Senate Print 4911, by Senator Kennedy, an
20 act to amend the Local Finance Law.
21 ACTING PRESIDENT BENJAMIN: There
22 is a home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4904
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: Ayes, 60.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 614, Senate Print 2680A, by Senator Mayer, an act
11 to amend the Election Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 60th day after it
16 shall have become a law.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN: Senator
21 May to explain her vote.
22 SENATOR MAY: Thank you,
23 Mr. President.
24 Too much of the news we hear about
25 campaign finance is bad news. But when the FEC
4905
1 ruled in 2020 that Liuba Grechen Shirley could
2 use campaign funds to pay for childcare, it was a
3 major step forward, evening the playing field for
4 parents of young children who want to serve the
5 public, and especially for women, who tend to be
6 held back by childcare issues.
7 Campaigning is grueling for any
8 family. But for the parents of young children,
9 it can be especially hard. And those are exactly
10 the people we want serving at every level of
11 government. Who has more invested in our school
12 boards, in the future of our cities and states,
13 or in the making of the best decisions about
14 taxes than young parents juggling the burden of
15 providing for a family, managing student loan
16 debt, and paying for a house or an apartment.
17 I want to thank Senator Mayer for
18 this bill. It's a huge step forward for parents
19 in New York State and for making New York
20 government look more like the people we serve.
21 I vote aye.
22 ACTING PRESIDENT BENJAMIN: Senator
23 May to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: In relation to
4906
1 Calendar Number 614, voting in the negative:
2 Senator Lanza.
3 Ayes, 59. Nays, 1.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 652, Senate Print 4812B, by Senator May, an act
8 to amend the Alcoholic Beverage Control Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 676, Assembly Print Number 4467A, substituted
23 earlier by Assemblymember Zebrowski, an act to
24 amend the Executive Law.
25 ACTING PRESIDENT BENJAMIN: Read
4907
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 60th day after it
4 shall have become a law.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 695, Senate Print 4469B, by Senator Stavisky, an
15 act to amend the Education Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect 18 months after it shall
20 have become a law.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
4908
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 779, Senate Print 4284A, by Senator Comrie, an
6 act to amend the Not-For-Profit Corporation Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day after it
11 shall have become a law.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 788, Senate Print Number 3405, by
22 Senator Stewart-Cousins, an act to amend the
23 Local Finance Law.
24 ACTING PRESIDENT BENJAMIN: There
25 is a home-rule message at the desk.
4909
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
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
13 799, Assembly Print Number 7310A, substituted
14 earlier by Assemblymember Jaffee, an act to amend
15 the Real Property Tax 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, 60.
4910
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 803, Assembly Print Number 4752B, substituted
5 earlier by Assemblymember Zebrowski, an act to
6 amend the Real Property Tax Law.
7 SENATOR GIANARIS: Lay it aside for
8 the day.
9 ACTING PRESIDENT BENJAMIN: The
10 bill will be laid aside for the day.
11 THE SECRETARY: Calendar Number
12 833, Senate Print 5692A, by Senator Rivera, an
13 act to amend the Education Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 120th day after it
18 shall have become a law.
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
4911
1 bill is passed.
2 ACTING PRESIDENT BENJAMIN:
3 Calendar Number 854, Senate Print 1086B, by
4 Senator Persaud, an act to amend the
5 Social Services Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 854, voting in the negative:
17 Senator Ortt.
18 Ayes, 59. Nays, 1.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 874, Senate Print 4977, by Senator Skoufis, an
23 act to amend the General Business Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
4912
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 30th 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:
8 Announce the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 890, Senate Print 3412, by Senator Martinez, an
14 act to amend the Agriculture and Markets Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 60th 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:
24 Announce the results.
25 THE SECRETARY: In relation to
4913
1 Calendar Number 890, voting in the negative:
2 Senator Amedore.
3 Ayes, 59. Nays, 1.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 900, Assembly Print Number 7604, substituted
8 earlier by Assemblymember Buttenschon, an act to
9 amend Chapter 3 of the Laws of 1997.
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, 60.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 915, Senate Print 6142, by Senator Addabbo, an
24 act to amend the Racing, Pari-Mutuel Wagering and
25 Breeding Law.
4914
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 923, Senate Print 5038, by Senator Harckham, an
15 act to amend the Retirement and Social Security
16 Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
4915
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 942, Senate Print 5473, by Senator Martinez, an
6 act to amend the Town 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 942, those Senators voting in the
18 negative are Senators Akshar, Amedore, Gallivan,
19 Griffo, Helming, Jacobs, Jordan, Lanza, O'Mara,
20 Ortt, Ritchie, Robach, Seward and Tedisco. Also
21 Senator Ranzenhofer. Also Senator Funke. Also
22 Senator Boyle.
23 Ayes, 43. Nays, 17.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
4916
1 THE SECRETARY: Calendar Number
2 952, Senate Print 6215, by Senator Montgomery, an
3 act to amend the Family Court Act and the
4 Social Services Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 6. 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: In relation to
15 Calendar Number 952, those Senators voting in the
16 negative are Senators Akshar, Antonacci,
17 Flanagan, Gallivan, Griffo, Ortt and Ritchie.
18 Ayes, 53. Nays, 7.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 988, Senate Print 4571, by Senator Gaughran, an
23 act directing the Department of Financial
24 Services, in consultation with the commissioner
25 of the Department of Health, to study and report
4917
1 upon the adequacy of insurance coverage.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 4. 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 1002, Senate Print 3420A, by Senator Savino, an
16 act to amend the Social Services Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect April 1, 2020.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
4918
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1020, Senate Print 45B, by Senator Hoylman, an
6 act to amend the Executive Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 82. This
10 act shall take effect one year after it shall
11 have become a law.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1021, Senate Print 3471A, by Senator Brooks, an
22 act to amend the Executive Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
4919
1 act shall take effect on the 120th day after it
2 shall have become a law.
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: Ayes, 60.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1024, Assembly Print Number 3217, substituted
13 earlier by Assemblymember Cook, an act to amend
14 the Environmental Conservation 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: In relation to
25 Calendar Number 1024, those Senators voting in
4920
1 the negative are Senators Akshar, Amedore,
2 Griffo, Jacobs, Jordan, Lanza, O'Mara, Ortt,
3 Ranzenhofer, Ritchie, Robach and Tedisco.
4 Ayes, 48. Nays, 12.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1026, Senate Print 5196, by Senator Kaminsky, an
9 act to amend the Environmental Conservation 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: In relation to
20 Calendar Number 1026, those Senators voting in
21 the negative are Senators Akshar, Amedore,
22 Gallivan, Griffo, Jacobs, Jordan, O'Mara, Ortt,
23 Ranzenhofer, Ritchie and Tedisco. Also Senator
24 Funke.
25 Ayes, 49. Nays, 12.
4921
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1027, Senate Print 5478, by Senator Martinez, an
5 act to amend the Environmental Conservation Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar Number 1027, voting in the negative:
17 Senator Amedore.
18 Ayes, 60. Nays, 1.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1034, Assembly Print Number 6462, substituted
23 earlier by Assemblymember Nolan, an act to amend
24 the Arts and Cultural Affairs Law.
25 ACTING PRESIDENT BENJAMIN: Read
4922
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
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, 61.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1057, Senate Print 5768, by Senator Mayer, an act
14 to amend the Education Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 3. 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, 61.
25 ACTING PRESIDENT BENJAMIN: The
4923
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1059, Senate Print 6062, by Senator Brooks, an
4 act to amend the Education Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 3. 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 1073, Senate Print 2027, by Senator Little, an
19 act to amend the Highway 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.
4924
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1123, Senate Print 1342B, by Senator Rivera, an
9 act to amend the Public Health Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 4. 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, 61.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1143, Senate Print 4876A, by Senator Metzger, an
24 act to amend the Agriculture and Markets Law.
25 ACTING PRESIDENT BENJAMIN: Read
4925
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
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, 61.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1144, Senate Print 4956A, by Senator Benjamin, an
14 act to amend the Business Corporation Law and the
15 Not-For-Profit Corporation Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the 60th day after it
20 shall have become a law.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
4926
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1149, Senate Print 5408, by Senator Martinez, an
6 act to amend the Environmental Conservation Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect December 31, 2020.
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 1149, those Senators voting in
18 the negative are Senators Akshar, Amedore,
19 Antonacci, Comrie, Flanagan, Funke, Gallivan,
20 Griffo, Jacobs, Jordan, Kaminsky, Lanza, Little,
21 O'Mara, Ortt, Persaud, Ranzenhofer, Ritchie,
22 Robach, Savino, Seward, and Tedisco.
23 Ayes, 39. Nays, 22.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
4927
1 THE SECRETARY: Calendar Number
2 1167, Senate Print 5873, by Senator Metzger, an
3 act to amend the Agriculture and Markets 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. I rise to explain my vote.
15 I want to thank Senator Metzger for
16 engaging on this critically important issue.
17 Senator Sue Serino has also been a
18 leader for the past several years on this issue.
19 And because she's not in the chamber right now, I
20 just wanted to offer a couple of thoughts.
21 Tackling ticks is not a partisan
22 issue, and it's important for New Yorkers to know
23 that we can come together to advance legislation
24 to combat the spread of Lyme and tick-borne
25 diseases. In 2016, with the support of many
4928
1 people here in this room, we chaptered a similar
2 bill to create a statewide awareness campaign on
3 Lyme and tick-borne diseases. And each year we
4 included funding in the budget to support
5 important prevention, education, and awareness
6 activities.
7 We appreciate the specific focus of
8 this bill on our farmers and agricultural
9 communities, because we know they are especially
10 vulnerable to these devastating diseases. As a
11 matter of fact, this was one of our primary goals
12 last year, through Rural Resources. However, I
13 want to stress again the importance of putting
14 funding behind these important initiatives.
15 Critical funding was left out of this year's
16 budget, and it's especially important in relation
17 to this bill in particular.
18 Last week Senator Serino and I
19 attended the public hearing on suicide
20 prevention, where we heard from witnesses who
21 testified to the fact that many in our rural
22 communities don't have access to broadband. A
23 lot of what we do to raise awareness about Lyme
24 and tick-borne diseases we do online, because
25 it's cost-effective, but in these communities
4929
1 especially, we need to do more to bridge the gap
2 between available resources and information and
3 those who need it. But we need the resources to
4 be able to do that effectively.
5 So again, we are urging this body
6 not just to talk the talk but to also walk the
7 walk and find a way to fund these initiatives so
8 that we do not have to take steps back in the
9 fight against Lyme and tick-borne diseases.
10 Thank you, Mr. President. And thank
11 you again to Senator Metzger for sponsoring this
12 legislation. I vote aye.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Helming to be recorded in the affirmative.
15 Senator Metzger to explain her vote.
16 SENATOR METZGER: Thank you,
17 Mr. President.
18 And thank you, Senator Helming, for
19 your comments.
20 This is really important
21 legislation. The farmers and farmworkers are
22 really an occupation that's probably at greatest
23 risk of Lyme disease. And it's not just Lyme.
24 There are a number of other tick-borne illnesses.
25 We talk about Lyme a lot, but there are a number
4930
1 of debilitating illnesses that are carried by
2 ticks.
3 But we're moving on a number of
4 pieces of legislation today on Lyme disease.
5 And, you know, I just want to point out that, you
6 know, it used to be my region and the Hudson
7 Valley was like ground zero for Lyme, but now it
8 is everywhere. And the climate is changing.
9 Because of environmental changes, you know, we
10 have many more deer and mice that are carrying
11 Lyme. It's a huge, huge public health threat to
12 virtually every community that's not covered
13 entirely by pavement and cement.
14 So this is very important
15 legislation, and I agree funding -- I also agree
16 that state funding is a really important issue
17 too and believe we have to be pushing that. But
18 I vote aye on this legislation and am
19 appreciative to the other sponsors of the Lyme
20 bills today for their legislation as well.
21 Thank you very much.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Metzger to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 61.
4931
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1188, Assembly Print Number 4623, substituted
5 earlier by Member of the Assembly Pretlow, an act
6 to amend the General Municipal Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the first of January.
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 1188, those Senators voting in
18 the negative are Senators Ortt, Ranzenhofer and
19 Robach.
20 Ayes, 58. Nays, 3.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1229, Senate Print 6315, by Senator Salazar, an
25 act to establish an LGBT youth and young adult
4932
1 suicide prevention task force.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 60th day after it
6 shall have become a law.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN: Senator
11 Sepúlveda to explain his vote.
12 SENATOR SEPÚLVEDA: Again,
13 Mr. President, thank you for allowing me to
14 explain my vote.
15 This legislation establishes an LGBT
16 youth and young adult suicide prevention task
17 force, providing for the number of members,
18 manner of appointment, and the topics to be
19 reviewed.
20 This task force is vital in
21 examining many challenges that our LGBT youth
22 face today, including depression, anxiety,
23 victimization and becoming a target for bullying.
24 They experience discrimination and verbal and
25 physical harassment, even in schools where it is
4933
1 meant to be safe.
2 This kind of treatment persists,
3 leaving our kids feeling alone and increasing the
4 likelihood of self-harming behavior. Suicide is
5 currently the second leading cause of death among
6 young people ages 10 to 24. And lesbian, gay, or
7 bisexual youth are five times more likely to have
8 attempted suicide compared to heterosexual youth.
9 The National Center for Transgender
10 Equality found that 401 transgender adults
11 reported having made a suicide attempt, and 921
12 of these individuals reported having attempted
13 suicide before the age of 25.
14 We must protect our most vulnerable
15 communities and understand how we can address
16 mental health issues and prevent the causes
17 leading to suicidal tendencies. I vote
18 affirmatively.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Sepúlveda to be recorded in the affirmative.
21 Senator Helming to explain her vote.
22 SENATOR HELMING: Thank you,
23 Mr. President.
24 I'd like to thank Senator Salazar
25 and also Senator Carlucci for bringing the two
4934
1 bills we had before us regarding suicide
2 prevention to the floor today.
3 I also want to use this opportunity
4 to thank Senator Rivera -- I wish he was here in
5 the room at the moment -- and Senator Carlucci,
6 who's also -- here he is -- to thank them for
7 hosting last week's suicide prevention public
8 hearing.
9 You know, we heard from a number of
10 different advocates about the suicide rates and
11 how they're increasing among certain populations.
12 And I just want to comment that I think we have
13 to be very careful that we're not siloing, that
14 we're only reaching out or forming task forces
15 for certain groups of people. We've got to
16 address this issue across the State of New York.
17 Senator Sepúlveda, you mentioned the
18 number of deaths among young people. During the
19 suicide prevention public hearing, there was one
20 other fact that jumped out at me that I wanted to
21 share. We had a group testifying before us, and
22 it was interesting to me, this group was from
23 Seneca County, which is in upstate New York. And
24 again, this information was shocking, it's new,
25 it's not included in the Governor's report. But
4935
1 it's Seneca County has a suicide rate of
2 17 percent, while the rest of the state is at
3 8.4 percent.
4 So I just want to offer this. When
5 I stand up and talk about my communities and the
6 funding that's been cut for the different
7 programs, we've got to do better. We've got to
8 figure out a way on this issue in particular to
9 work across the aisle to make sure that we're not
10 cutting from one community in order to give to
11 another. We've got to address this issue because
12 the longer we wait, the more we lose our young
13 people, our next generation.
14 So again, thank you to the sponsors
15 of these bills. Thank you for hosting the
16 suicide prevention hearing. It's really time
17 that we get to work addressing this issue.
18 Thank you.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Helming to be recorded in the affirmative.
21 Announce the results.
22 Oh, Senator Antonacci, I apologize.
23 Senator Antonacci.
24 SENATOR ANTONACCI: That's right.
25 Thank you, Mr. President. It took me twice to
4936
1 get to you, but thank you very much.
2 I will be in the negative on this,
3 and I was also in the negative on the last task
4 force bill. Because suicide is an absolutely
5 unbelievable scourge on our society. So why do I
6 vote no? Because we don't need anymore task
7 forces. We need action. We need proper funding.
8 We need to go at the heart of the problem, at
9 mental illness.
10 I want to thank Senator Rivera and
11 Senator Carlucci for having the public hearing
12 last week, which I attended as a proud member of
13 the Health Committee.
14 And when we talked about the suicide
15 risks of many other segments of society --
16 farmers, veterans -- the bottom line was we had a
17 task force that was instituted over two years
18 ago. It took two years for that report to be
19 released. It was just released this past April,
20 I think because of many of the debates in this
21 chamber during the budget.
22 We don't need any more false
23 promises or false hope to any segment of our
24 society. We need to stop suicide across the
25 board. Another task force isn't going to do
4937
1 that. We need proper funding, and we need to go
2 right at mental illness. I'll be voting no, but
3 I stand ready with all my colleagues to work hard
4 on this issue.
5 Thank you, Mr. President.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Antonacci to be recorded in the negative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar 1229, those Senators voting in the
11 negative are Senators Antonacci and Ortt.
12 Ayes, 59. Nays, 2.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 Senator Gianaris, that completes the
16 reading of today's calendar.
17 SENATOR GIANARIS: Mr. President, I
18 want to take a moment before we move on to our
19 next order of business and recognize that we have
20 a colleague's father with us today. John Liu's
21 dad is with us, Joseph.
22 And an interesting story about the
23 Liu family. When Joseph emigrated here, he named
24 his three boys after the Kennedy family, which is
25 why John is John and his brothers are Robert and
4938
1 Edward.
2 So if you'd take a moment to
3 recognize Mr. Liu, I would appreciate it.
4 ACTING PRESIDENT BENJAMIN:
5 Mr. Liu.
6 (Standing ovation.)
7 ACTING PRESIDENT BENJAMIN: Senator
8 Gianaris.
9 SENATOR GIANARIS: Another great
10 immigrant story, Mr. President.
11 Can we now take up the supplemental
12 calendar, please.
13 ACTING PRESIDENT BENJAMIN: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 1230, Senate Print 59, by Senator Robach, an act
17 to amend the Highway Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
4939
1 Announce the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1231, Senate Print 725, by Senator Montgomery, an
7 act to amend the Education Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1232, Senate Print 1128A, by Senator Benjamin, an
22 act to amend the Election Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
4940
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 1232, those Senators voting in
9 the negative are Senators Akshar, Amedore,
10 Antonacci, Boyle, Flanagan, Funke, Gallivan,
11 Griffo, Helming, Jacobs, Jordan, Lanza, LaValle,
12 Little, O'Mara, Ortt, Ranzenhofer, Ritchie,
13 Robach, Seward and Tedisco.
14 Ayes, 40. Nays, 21.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1233, Senate Print 1140, by Senator Carlucci, an
19 act to amend the General Business Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 90th day after it
24 shall have become a law.
25 ACTING PRESIDENT BENJAMIN: Call
4941
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN: Senator
4 Carlucci to explain his vote.
5 SENATOR CARLUCCI: Thank you,
6 Mr. President.
7 With the summer months upon us, the
8 weather getting warmer, children across the state
9 and parents like myself are excited to be sending
10 our kids to camp. This legislation simply
11 requires single-purpose day camps, which are not
12 regulated under the Department of Health, to
13 notify parents, to disclose to them that they're
14 not regulated.
15 And what that means is that the
16 protections, the reliance that we've become
17 accustomed to with the protections from the
18 Department of Health, don't translate to those
19 single-purpose day camps. And that could be
20 computer camp, sailing camp, football camp.
21 Whatever that camp is, as long as it's a
22 single-purpose camp, it's not regulated by the
23 Department of Health.
24 That means they don't have to check
25 the sex offender registry before they hire
4942
1 someone. They don't have to meet the same
2 children-to-staff ratios that other camps have to
3 meet. They don't have to report injuries or
4 illnesses to the Department of Health. These are
5 some of the things that parents need to know
6 before they enroll their children in camp. This
7 legislation will be important and will empower
8 our parents to make the best decision possible in
9 keeping their children safe over the summer
10 months.
11 When I learned about this loophole,
12 I was really appalled to think that I was sending
13 my kid to a camp possibly where I thought that
14 the same protections were included, but they
15 weren't.
16 So this is a way that we can address
17 this concern, that we can notify parents, make
18 sure that they're educated and make the best
19 decision for their children. Let's keep our
20 children safe. Let's pass this legislation and
21 make sure we can all enjoy the summer safely.
22 I'll be voting in the affirmative.
23 Thank you, Mr. President.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Carlucci to be recorded in the affirmative.
4943
1 Announce the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1234, Senate Print 1637, by Senator Brooks, an
7 act to amend the Penal Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 120th day after it
12 shall have become a law.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1234, those Senators voting in
20 the negative are Senators Akshar, Amedore,
21 Gallivan, Griffo, Helming, Jacobs, Jordan,
22 O'Mara, Ortt, Ranzenhofer, Ritchie, Seward and
23 Tedisco.
24 Ayes, 48. Nays, 13.
25 ACTING PRESIDENT BENJAMIN: The
4944
1 bill is passed.
2 There is a substitution at the desk.
3 The Secretary will read.
4 THE SECRETARY: Senator Skoufis
5 moves to discharge, from the Committee on
6 Transportation, Assembly Bill Number 4880 and
7 substitute it for the identical Senate Bill 1673,
8 Third Reading Calendar 1235.
9 ACTING PRESIDENT BENJAMIN: The
10 substitution is so ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1235, Assembly Print Number 4880, by
14 Assemblymember Rozic, an act to amend the
15 Transportation 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, 61.
4945
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1236, Senate Print 1798, by Senator Rivera, an
5 act to amend the Public Health Law and the
6 General Business Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 3. 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, 61.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1237, Senate Print 1816, by Senator Rivera, an
21 act to amend the Public Health Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4946
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 1237, voting in the negative:
8 Senator Lanza.
9 Ayes, 60. Nays, 1.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1238, Senate Print 2071B, by Senator Hoylman, an
14 act to amend the Family Court Act.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 12. This
18 act shall take effect on the 120th 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 Hoylman to explain his vote.
25 SENATOR HOYLMAN: Thank you,
4947
1 Mr. President.
2 I wanted to rise to thank my
3 colleagues for their support of this very
4 important legislation.
5 I think many of you know that I have
6 two kids. I have two daughters, a 21-month-old
7 and an 8-year-old, and both of them were born
8 through gestational surrogacy. But my husband
9 and I had to travel about 3,000 miles to do it,
10 because New York is one of only three states
11 where surrogacy agreements are not enforced,
12 making it virtually impossible for people like my
13 husband and me, other LGBTQ people, couples
14 grappling with infertility -- or single people --
15 from pursuing parenthood.
16 I want to also thank Senator
17 Krueger, who assisted me in crafting this
18 legislation.
19 We had a committee hearing through
20 the Judiciary on the legislation, and at the end
21 of it I think we got a much stronger bill. We've
22 established a Surrogate's Bill of Rights, which
23 sets forth important parameters for healthcare
24 decision-making, determining that surrogates
25 themselves choose their own doctor, women acting
4948
1 as surrogates get to control their health-making
2 decisions during the period of their surrogacy.
3 They of course have their own legal
4 representation, health insurance coverage, right
5 to life insurance coverage, right to counseling,
6 right to terminate the agreement. Having a
7 reasonable compensation and setting forth a
8 regulatory scheme, to be handled by the
9 Department of Health and the Department of
10 Financial Services, to follow the health outcomes
11 of both surrogates and donors.
12 So really we are, I think, at the
13 beginning of what many of us who pursue surrogacy
14 call it, which is a journey. And it is a journey
15 that we today will be affording to couples and
16 individuals all across the State of New York.
17 And I want to point out someone who
18 lent her voice, along with Governor Cuomo and the
19 television host Andy Cohen, at a press conference
20 the other day. Her name is Cynara
21 Charles-Pierre. She's joined us in the chamber.
22 She and her husband had their own
23 difficulties with fertility, and she really
24 opened her heart to a press conference just the
25 other day. And I wanted to mention what she had
4949
1 told us, which is she went through not one, not
2 two, not four, not five, not seven, but eight
3 miscarriages, and sought to have a child and did
4 so through surrogacy in a different state. And
5 now she and her husband are the proud parents of
6 a 3-year-old.
7 So welcome to the chamber. Thank
8 you for your advocacy.
9 Thank you to my colleagues. This is
10 a new horizon for LGBTQ families. And it's so
11 appropriate that we are passing it on the 50th
12 anniversary of Stonewall.
13 I vote aye.
14 ACTING PRESIDENT MAYER: Senator
15 Hoylman to be recorded in the affirmative.
16 Senator Krueger to explain her vote.
17 SENATOR KRUEGER: Thank you,
18 Madam President.
19 So I did work with Senator Hoylman
20 on his bill. I made quite a few recommendations
21 and amendments. And he heard me, and I respect
22 that. And I will tell you he is my friend and my
23 colleague, and I am greatly appreciative of the
24 amount of work he has put into his bill.
25 But I've also told him that I don't
4950
1 think it's ready or fully cooked yet, fully
2 baked -- I'm not sure what the analogy is. And
3 so I find myself having to say still that I
4 cannot support this bill.
5 And it's not because I don't support
6 surrogacy, specifically noncommercial surrogacy,
7 but because of my concern that once you put
8 commercial companies into the mix -- commercial
9 IPV, commercial baby brokers, commercial egg
10 collection sites -- you run risks that have been
11 seen around the world and in other parts of this
12 country of things that can go wrong.
13 And so I don't think the bill is
14 strong enough yet, Madam President. I'm
15 concerned about the risks of women's health when
16 they are surrogates. I am very concerned about
17 the risks of young women who donate/sell their
18 eggs and are not correctly notified of the actual
19 risk to themselves, their own future fertility.
20 I'm concerned about the risks to women who are
21 surrogates giving birth and what the issues might
22 be for those children for the rest of their lives
23 afterwards.
24 The research shows that women who
25 undergo IVF for their own pregnancies have higher
4951
1 rates of pregnancy and delivery complications
2 compared to women who conceive naturally, but
3 women who act as surrogates have even higher
4 rates of problems, even though they are by
5 definition younger, healthier, carefully screened
6 for the potential to be a surrogate.
7 Women who use eggs from other women
8 have increased risks of preeclampsia, which can
9 be dangerous for the rest of their lives, with
10 cardiovascular disease, heart failure and stroke.
11 There is evidence that fertility
12 industry physicians have conflicts of interest in
13 a commercial market because the health
14 professionals involved are generally paid by the
15 commissioning parents, money that moves through
16 surrogacy brokers, gamete banks -- which all take
17 a cut and may engage in medical practices to
18 maximize their profit without asking the hard
19 questions about what are the risks to egg donors
20 and surrogates.
21 The fact is the research that has
22 been coming out -- and that's a real problem,
23 Madam President, because no one is doing correct
24 research. We need to make these mandatory egg
25 registries, surrogate registries. They're
4952
1 voluntary in this bill. That we are finding that
2 young women are being convinced to allow
3 themselves to be shot up with enormous amounts of
4 hormones 10, 12, 14 times in order to harvest
5 enormous numbers of eggs for the gamete banks.
6 No one is giving them the factual evidence that
7 they may be putting their own fertility at risk,
8 they may be putting their bodies at risk for
9 immediate problems and then for longer-term
10 cancers from the kinds of hormones they are being
11 shot up with.
12 There are lots and lots of concerns
13 that people have. I have endless testimony, as
14 well as the testimony that I sat through in
15 Senator Hoylman's hearing, from doctors,
16 academics, bioethicists, lawyers, who raise very
17 serious concerns about moving into a commercial
18 universe.
19 And so it's not that I don't think
20 we can get there, and it's not for lack of
21 respect for people who want to have children
22 through a surrogacy arrangement. I do understand
23 the issues of having trouble with fertility. I
24 myself couldn't have children. But the fact is
25 you have to be so, so careful when you're setting
4953
1 up a commercial model of healthcare. We try to
2 make sure we don't have for-profit healthcare in
3 New York State.
4 And you have to be exceptionally
5 conscious of the fact that while in theory
6 everybody will have lawyers and everyone will
7 have screenings and everybody will be reviewed,
8 you're actually saying you're buying and selling
9 eggs and you're renting wombs. And I think when
10 you're doing that for commercial purposes, you
11 have to be beyond crossing your Ts and dotting
12 your Is.
13 So I do thank the sponsor for the
14 work he has been doing. We may get another
15 chance to look at this bill in future years. I'm
16 not sure what happens in the other house at this
17 time. But even if this moves through both houses
18 today, I would urge my colleagues to immediately
19 get to work to see how we can amend and improve
20 this and ensure that we are avoiding the mistakes
21 of other countries and other states and that we
22 do eventually get this right.
23 I vote no, Madam President. Thank
24 you.
25 ACTING PRESIDENT MAYER: Senator
4954
1 Krueger to be recorded in the negative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1238, those Senators voting in
5 the negative are Senators Akshar, Amedore,
6 Antonacci, Felder, Flanagan, Funke, Gallivan,
7 Griffo, Helming, Jacobs, Jordan, Krueger, Lanza,
8 LaValle, O'Mara, Ortt, Ranzenhofer, Ritchie,
9 Robach, Seward and Tedisco.
10 Ayes, 40. Nays, 21.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1239, Senate Print 2406, by Senator Serrano, an
15 act to amend the Education Law and the Public
16 Health Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
4955
1 THE SECRETARY: In relation to
2 Calendar 1239, those Senators voting in the
3 negative are Senators Akshar, Amedore, Antonacci,
4 Funke, Griffo, Jacobs, Jordan, Lanza, LaValle,
5 O'Mara, Ortt, Ranzenhofer, Ritchie and Tedisco.
6 Ayes, 47. Nays, 14.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1240, Senate Print 2458, by Senator Akshar, an
11 act authorizing the Town of Hancock, County of
12 Delaware, to alienate and convey certain parcels
13 of land used as parklands.
14 ACTING PRESIDENT MAYER: There is a
15 home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT MAYER: The bill
4956
1 is passed.
2 THE SECRETARY: Calendar Number
3 1241, Senate Print 2785A, by Senator Comrie, an
4 act to direct the Metropolitan Transportation
5 Authority to examine, assess and report on
6 potential hazardous structures and storage areas.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 There is a substitution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator Myrie moves
22 to discharge, from the Committee on Elections,
23 Assembly Bill Number 1525A and substitute it for
24 the identical Senate Bill 3141A, Third Reading
25 Calendar 1242.
4957
1 ACTING PRESIDENT MAYER: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1242, Assembly Print Number 1525A, by
6 Assemblymember Buchwald, an act to amend the
7 Election Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1243, Senate Print 3293, by Senator Hoylman, an
22 act to amend the Penal Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4958
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Senator
6 Hoylman to explain his vote.
7 SENATOR HOYLMAN: I just wanted to
8 thank my colleagues, and particularly
9 Leader Andrea Stewart-Cousins, for allowing this
10 package of LGBTQ bills to come to a vote on the
11 floor today.
12 The gay and trans panic defense is
13 such a grotesque remnant of homophobia from years
14 past, and I'm glad we're striking it from the
15 Penal Law today. It is an affirmative defense
16 that asks the jury to find that a victim's sexual
17 orientation or gender identity is to blame for
18 the defendant's violent reaction: Murder.
19 It's a classic case of blaming the
20 victim. We are striking it from our Penal Law
21 today. And I am very proud to cast my vote in
22 the affirmative.
23 Thank you, Madam President.
24 ACTING PRESIDENT MAYER: Senator
25 Hoylman to be recorded in the affirmative.
4959
1 Announce the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 There is a substitution at the desk.
6 The Secretary will read.
7 THE SECRETARY: Senator Salazar
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 677 and substitute it for
10 the identical Senate Bill 3662, Third Reading
11 Calendar 1244.
12 ACTING PRESIDENT MAYER: The
13 substitution is so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1244, Assembly Print Number 677, by
17 Assemblymember Niou, an act to amend the
18 Executive Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 120th day after it
23 shall have become a law.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
4960
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar Number 1244, those Senators voting in
6 the negative are Senators Akshar, Amedore,
7 Antonacci, Flanagan, Funke, Griffo, Helming,
8 Jacobs, Jordan, O'Mara, Ortt, Ranzenhofer, Seward
9 and Tedisco.
10 Ayes, 47. Nays, 14.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1245, Senate Print 3836, by Senator Krueger, an
15 act to amend the Tax Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the first of April.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Senator
24 Krueger to explain her vote.
25 SENATOR KRUEGER: Thank you,
4961
1 Madam President.
2 This is a bill that would allow
3 people to keep their driver's licenses in order
4 to go to work so they can pay back the tax liens
5 they owe.
6 Unfortunately for many lower-income
7 people, they find themselves in a situation where
8 they get behind on their taxes, then the fines
9 and penalties kick in, which radically increase
10 the amount of taxes they owe, sometimes above the
11 $10,000 level, when maybe their business went
12 bad, they lost their job for a while and they
13 ended up behind just a couple of thousand dollars
14 in taxes.
15 But it's been the policy of the
16 State of New York to actually take their driver's
17 licenses until they have paid the taxes back.
18 With all due respect, the State of New York
19 actually can show you can't get blood from a
20 stone.
21 And if you don't let people have a
22 driver's license, particularly outside the City
23 of New York -- it's not as big a problem for me
24 in the City of New York. But people from law
25 clinics at the law schools around the state
4962
1 brought this issue to me, how many New Yorkers
2 were having their licenses taken away.
3 These are not driving incidents.
4 These are failure to be able to afford to pay
5 your taxes, so you get your driver's license
6 taken away, then you can't go and search for a
7 job or go to a job. So it's a lose/lose
8 situation for the people and for the state.
9 And federal law allows this, but
10 state law doesn't. So this is simply an attempt
11 to make our tax and license removal process
12 ensure that people have that chance to get that
13 job, get back on their feet, and pay us the taxes
14 they owe.
15 So I think this is really a bill, if
16 you look at it, that goes from a lose/lose to a
17 win/win. So thank you to those of you supporting
18 it.
19 ACTING PRESIDENT MAYER: Senator
20 Krueger to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 1245, those Senators voting in the
24 negative are Senators Akshar, Amedore, Antonacci,
25 Flanagan, Gallivan, Griffo, Jacobs, Jordan,
4963
1 LaValle, O'Mara, Ortt, Ranzenhofer, Seward and
2 Tedisco.
3 Ayes, 47. Nays, 14.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1246, Senate Print 4079, by Senator Gounardes, an
8 act to amend the Civil Service Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1246, voting in the negative:
20 Senator Ortt.
21 Ayes, 60. Nays, 1.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1247, Senate Print 4247, by Senator Ranzenhofer,
4964
1 an act to amend the Tax Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1248, Senate Print 4398, by Senator Addabbo, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
4965
1 THE SECRETARY: In relation to
2 Calendar Number 1248, voting in the negative:
3 Senator Flanagan.
4 Ayes, 60. Nays, 1.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1249, Senate Print 4442A, by Senator Gianaris, an
9 act to amend the Executive Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Senator
18 Gianaris to explain his vote.
19 SENATOR GIANARIS: Thank you,
20 Madam President.
21 As you know, we have passed a series
22 of responsible gun regulations in this state that
23 put us among the top in the nation. But one of
24 the problems we continue to face is that firearms
25 make their way into our state from other states
4966
1 that are more lax.
2 This bill will allow us to
3 accumulate data and information to help identify
4 where the problem is coming from and allow us to
5 put the proper amount of public attention on
6 states that are causing problems in New York due
7 to their lack of attention to violence at the
8 hands of firearms.
9 And so this is a good bill that I'm
10 proud to support, and hopefully the studies and
11 the data that it produces will lead to even less
12 tragedies here in New York.
13 Thank you.
14 ACTING PRESIDENT MAYER: Senator
15 Gianaris to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1249, those Senators voting in
19 the negative are Senators Akshar, Amedore,
20 Antonacci, Flanagan, Funke, Gallivan, Griffo,
21 Helming, Jacobs, Jordan, Lanza, LaValle, O'Mara,
22 Ortt, Ranzenhofer, Ritchie, Robach, Seward and
23 Tedisco.
24 Ayes, 42. Nays, 19.
25 ACTING PRESIDENT MAYER: The bill
4967
1 is passed.
2 THE SECRETARY: Calendar Number
3 1250, Senate Print 4450, by Senator Amedore, an
4 act to amend the Highway Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1251, Senate Print 4713, by Senator Ritchie, an
19 act to amend the Vehicle and Traffic Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
4968
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 There is a substitution at the desk.
8 The Secretary will read.
9 THE SECRETARY: Senator Comrie
10 moves to discharge, from the Committee on
11 Higher Education, Assembly Bill Number 4781B and
12 substitute it for the identical Senate Bill
13 5091B, Third Reading Calendar 1252.
14 ACTING PRESIDENT MAYER: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1252, Assembly Print Number 4781B, by
19 Assemblymember Rosenthal, an act to amend the
20 Education Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
4969
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1253, Senate Print 5207, by Senator Gounardes, an
10 act to amend the Retirement and Social Security
11 Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 60th day after it
16 shall have become a law.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1253, those Senators voting in
24 the negative: Senators Amedore and Lanza.
25 Ayes, 59. Nays, 2.
4970
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 There is a substitution at the desk.
4 The Secretary will read.
5 THE SECRETARY: Senator Comrie
6 moves to discharge, from the Committee on
7 Corporations, Authorities and Commissions,
8 Assembly Bill Number 3066 and substitute it for
9 the identical Senate Bill 5389, Third Reading
10 Calendar 1254.
11 ACTING PRESIDENT MAYER: The
12 substitution is so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1254, Assembly Print Number 3066, by
16 Assemblymember Gantt, an act to amend the
17 Public Authorities Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Senator
4971
1 Robach to explain his vote.
2 SENATOR ROBACH: Yes, Madam
3 Speaker, just to explain my vote very quickly.
4 And I'm sorry that Senator Comrie is
5 not in the chamber, but I guess this is a message
6 to all of us. While I certainly support this
7 bill and we've been working on paratransit issues
8 for a long time, I hope the trend in our chamber
9 won't become somebody from another area, quite
10 frankly very far away, rather than Senator
11 Helming, Senator Funke or myself, who represent
12 those individuals, carrying that legislation
13 without any dialogue. I think that's a bad
14 trend.
15 But I hope if Senator Comrie is
16 going to put those bills in, that he'll go the
17 full measure and maybe fight hard for the people
18 we represent too, to make sure we get equal money
19 on road and bridges and other things, maybe even
20 vote against some of the taxes that the people
21 where we live don't want.
22 But hopefully we'll continue the
23 trend of respecting home rule geography and a
24 little bit of democracy in the future. I hope we
25 can all at least agree on that.
4972
1 I vote in the affirmative.
2 ACTING PRESIDENT MAYER: Senator
3 Robach to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1255, Senate Print 5433A, by Senator Benjamin, an
10 act to amend the Banking Law.
11 SENATOR GRIFFO: Lay it aside.
12 ACTING PRESIDENT MAYER: The bill
13 is laid aside.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Skoufis
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 7794 and substitute it for
19 the identical Senate Bill 5448, Third Reading
20 Calendar 1256.
21 ACTING PRESIDENT MAYER: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1256, Assembly Print Number 7794, by
4973
1 Assemblymember Titus, an act to amend the
2 Executive Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 There is a substitution at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator May moves
18 to discharge, from the Committee on Rules,
19 Assembly Bill Number 7647 and substitute it for
20 the identical Senate Bill Number 5593,
21 Third Reading Calendar 1257.
22 ACTING PRESIDENT MAYER: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
4974
1 1257, Assembly Print Number 7647, by
2 Assemblymember Weprin, an act to amend the
3 Correction Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1260, Senate Print 5877, by Senator Liu, an act
18 to amend the Education Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
4975
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1261, Senate Print 5905, by Senator Gounardes, an
8 act to amend the Administrative Code of the City
9 of New York.
10 SENATOR GIANARIS: Lay it aside for
11 the day.
12 ACTING PRESIDENT MAYER: The bill
13 is laid aside for the day.
14 THE SECRETARY: Calendar Number
15 1262, Senate Print 5932, by Senator Comrie, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
4976
1 THE SECRETARY: In relation to
2 Calendar Number 1262, voting in the negative:
3 Senators Funke and Skoufis.
4 Ayes, 59. Nays, 2.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 There is a substitution at the desk.
8 The Secretary will read.
9 THE SECRETARY: Senator Sanders
10 moves to discharge, from the Committee on Crime
11 Victims, Crime and Correction, Assembly Bill
12 Number 916 and substitute it for the identical
13 Senate Bill 5945, Third Reading Calendar 1263.
14 ACTING PRESIDENT MAYER: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1263, Assembly Print Number 916, by
19 Assemblymember Peoples-Stokes, an act to amend
20 the Correction Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 60th day after it
25 shall have become a law.
4977
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1264, Senate Print 5998, by Senator Comrie, an
11 act to amend the Public Service Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 180th day after it
16 shall have become a law.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1264, those Senators voting in
24 the negative are Senators Akshar, Flanagan,
25 Gallivan, Little, Ortt and Ranzenhofer.
4978
1 Ayes, 55. Nays, 6.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1266, Senate Print 6314, by Senator Persaud, an
6 act to amend Chapter 436 of the Laws of 1997.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1267, Senate Print 6319, by Senator Liu, an act
21 to amend the Public Authorities Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
4979
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1268, Senate Print 6321, by Senator Thomas, an
11 act to amend the Executive Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 120th day after it
16 shall have become a law.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Senator
21 Thomas to explain his vote.
22 SENATOR THOMAS: Thank you,
23 Mr. President.
24 Today is a historic day for the LGBT
25 community. The federal government has
4980
1 systematically been rolling back protections for
2 this community for quite some time by deciding
3 not to collect data related to the lives of these
4 individuals.
5 Without collecting data on sexual
6 orientation or gender identity, we won't know the
7 size of the LGBTQ population or how it is
8 distributed across New York State. We won't know
9 their housing status, income levels, or learn
10 about how many LGBTQ families have children.
11 Given the discrimination, social isolation,
12 health disparities and economic challenges that
13 this population faces, the need for this data is
14 especially urgent.
15 LGBTQ people are statistically more
16 likely to be low income. We need to ensure that
17 they have access to food and housing assistance
18 without fear, harassment, discrimination or
19 misunderstanding of their needs. Without this
20 information, more New Yorkers won't have access
21 to the state programs that address these needs.
22 That is why I introduced this bill
23 that mandates specific state agencies to collect
24 information about an individual's sexual
25 orientation and gender identity. With this data
4981
1 we will have a better understanding of the unique
2 needs and challenges of this historically
3 underserved population.
4 Eliminating disparities is necessary
5 to ensure that LGBTQ individuals can lead a long
6 and healthy life here in New York State.
7 I vote aye. Thank you.
8 ACTING PRESIDENT MAYER: Senator
9 Thomas to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1268, those Senators voting in
13 the negative are Senators Akshar, Antonacci,
14 Flanagan, Funke, Griffo, Jacobs, Jordan, Lanza,
15 Little, O'Mara, Ortt, Ranzenhofer, Ritchie,
16 Robach, Seward and Tedisco.
17 Ayes, 45. Nays, 16.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 There is a substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Kaminsky
23 moves to discharge, from the Committee on Rules,
24 Assembly Bill Number 7689 and substitute it for
25 the identical Senate Bill 6348, Third Reading
4982
1 Calendar 1269.
2 ACTING PRESIDENT MAYER: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1269, Assembly Print Number 7689, by
7 Assemblymember Burke, an act to amend the
8 Environmental Conservation Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1269, voting in the negative:
20 Senator LaValle.
21 Ayes, 60. Nays, 1.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1270, Senate Print 6350, by Senator Kaminsky, an
4983
1 act to amend Chapter 366 of the Laws of 2011.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1271, Senate Print 6354, by Senator Comrie, an
16 act to amend Chapter 206 of the Laws of 2010.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
4984
1 THE SECRETARY: In relation to
2 Calendar Number 1271, those Senators voting in
3 the negative are Senators Akshar, Antonacci,
4 Flanagan, Funke, Griffo, Helming, Jacobs, Jordan,
5 Lanza, O'Mara, Ortt, Robach, Seward and Tedisco.
6 Ayes, 47. Nays, 14.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 There is a substitution at the desk.
10 The Secretary will read.
11 THE SECRETARY: Senator Martinez
12 moves to discharge, from the Committee on Rules,
13 Assembly Bill Number 7679 and substitute it for
14 the identical Senate Bill 6364, Third Reading
15 Calendar 1272.
16 ACTING PRESIDENT MAYER: The
17 substitution is so ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1272, Assembly Print Number 7679, by
21 Assemblymember Otis, an act to amend the
22 Environmental Conservation Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4985
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1272, voting in the negative:
9 Senator LaValle.
10 Ayes, 60. Nays, 1.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1273, Senate Print 6386, by Senator Thomas, an
15 act to amend the Environmental Conservation Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
4986
1 Calendar Number 1273, voting in the negative:
2 Senator LaValle.
3 Ayes, 60. Nays, 1.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1274, Senate Print 6387, by Senator Thomas, an
8 act to amend the Environmental Conservation Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1274, voting in the negative:
20 Senator LaValle.
21 Ayes, 60. Nays, 1.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1275, Senate Print 6393, by Senator Brooks, an
4987
1 act to amend the Environmental Conservation Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1275, voting in the negative:
13 Senator LaValle.
14 Ayes, 60. Nays, 1.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1276, Senate Print 6396, by Senator Brooks, an
19 act to amend the Environmental Conservation Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
4988
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar Number 1276, voting in the negative:
6 Senator LaValle.
7 Ayes, 60. Nays, 1.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 There is a substitution at the desk.
11 The Secretary will read.
12 THE SECRETARY: Senator Gaughran
13 moves to discharge, from the Committee on Rules,
14 Assembly Bill Number 7677 and substitute it for
15 the identical Senate Bill 6413, Third Reading
16 Calendar 1277.
17 ACTING PRESIDENT MAYER: The
18 substitution is so ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1277, Assembly Print Number 7677, by
22 Assemblymember Williams, an act to amend the
23 Environmental Conservation Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
4989
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar Number 1277, voting in the negative:
10 Senator LaValle.
11 Ayes, 60. Nays, 1.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Kaminsky
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 7678 and substitute it for
19 the identical Senate Bill 6414, Third Reading
20 Calendar 1278.
21 ACTING PRESIDENT MAYER: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1278, Assembly Print Number 7678, by
4990
1 Assemblymember Englebright, an act to amend the
2 Environmental Conservation Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar Number 1278, those Senators voting in
14 the negative are Senators Funke and LaValle.
15 Ayes, 59. Nays, 2.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1279, Senate Print 6415, by Senator Harckham, an
20 act to amend the Public Health Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
4991
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Senator
4 Harckham to explain his vote.
5 SENATOR HARCKHAM: Thank you,
6 Madam President.
7 I rise first and foremost to thank
8 Senator Serino, who was a champion of this
9 legislation for many years. She could not be
10 here with us today, but this was her legislation,
11 so I thank her for all of her great work on this.
12 This is an important bill because as
13 we know, Lyme disease is an underreported
14 disease. It exacerbates certain conditions. It
15 mimics certain conditions. And it can even be
16 fatal. So it's critical, in order to develop
17 appropriate medications and protocols for
18 research, that we have a database of what the
19 impact actually is. And this, through autopsies
20 and medical exams postmortem, will help build
21 that database.
22 I vote aye, Madam Chair.
23 ACTING PRESIDENT MAYER: Senator
24 Harckham to be recorded in the affirmative.
25 Senator May to explain her vote.
4992
1 SENATOR MAY: Thank you,
2 Madam President.
3 I want to thank Senator Harckham and
4 all my colleagues who have brought forward bills
5 today to help us understand Lyme disease and
6 prevent it and treat it, because this is a
7 disease that is only expanding.
8 Researchers at the SUNY College of
9 Environmental Science and Forestry in my
10 neighborhood have made a very disturbing
11 discovery that the ticks that carry Lyme disease
12 have been multiplying and spreading to areas that
13 they were not expected to be found. They used to
14 be only found in shady woods and under leaves and
15 things, but now they're turning up in sunny lawns
16 where children play, in fields where farmers are
17 working, and in many other places that are
18 exposing people to this disease.
19 And so I am glad that we are taking
20 action today to address the problem, and I hope
21 that we will continue to in the future.
22 And I vote aye. Thank you.
23 ACTING PRESIDENT MAYER: Senator
24 May to be recorded in the affirmative.
25 Announce the results.
4993
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 Senator Gianaris, that completes the
5 reading of the supplemental calendar.
6 SENATOR GIANARIS: Thank you,
7 Madam President.
8 Can we now take up the reading of
9 the controversial calendar.
10 ACTING PRESIDENT MAYER: The
11 Secretary will ring the bell.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1255, Senate Print 5433A, by Senator Benjamin, an
15 act to amend the Banking Law.
16 ACTING PRESIDENT MAYER: Senator
17 Akshar.
18 SENATOR AKSHAR: Madam President,
19 thank you. If the sponsor would yield to a few
20 questions but, first and foremost, just give me
21 an explanation of the bill.
22 ACTING PRESIDENT MAYER: Senator
23 Benjamin, does the sponsor yield?
24 SENATOR BENJAMIN: The sponsor
25 yields.
4994
1 Through you, Madam President, an
2 explanation of the bill. What this bill would
3 do, it would require that any state-chartered
4 bank no longer make any investments or loans to
5 private prison companies going forward.
6 SENATOR AKSHAR: Thank you,
7 Madam President. If the sponsor would continue
8 to yield.
9 ACTING PRESIDENT MAYER: Will the
10 sponsor yield?
11 SENATOR BENJAMIN: Yes.
12 ACTING PRESIDENT MAYER: The sponsor
13 yields.
14 SENATOR AKSHAR: Thank you,
15 Madam President, through you.
16 Has the sponsor spoken to anybody in
17 the banking industry about this particular piece
18 of legislation and how it would affect
19 state-chartered banks?
20 SENATOR BENJAMIN: Through you
21 Madam President, no, I did not.
22 However, this bill has been widely
23 circulated for over a month. We've reached out
24 to state-chartered banks, and we have heard
25 nothing. So I'm left to assume that this is not
4995
1 something that they find to be that harmful to
2 them.
3 But I want to add something, because
4 how I found out about this, this bill's origin,
5 JPMorgan Chase, a well-known bank, international
6 bank, they actually came out and said that they
7 will no longer lend or invest in private prisons.
8 As a matter of fact, if you don't mind, I would
9 like to read a quote from the spokesman of
10 JPMorgan Chase, and it was said specifically:
11 "The company has a robust and well-established
12 process to evaluate the sectors that they serve.
13 As part of this process, they will no longer bank
14 the private prison industry."
15 So it seems to me that clearly there
16 are banks that are actually believing in the
17 moral obligations of our private institutions to
18 not cage humans and profit from doing that.
19 So for me, I think it is important
20 to acknowledge that there are some private banks
21 that are saying, you know what, this is the right
22 thing to do, we should be moving in this
23 direction. And I'm proud to be in a conference,
24 led by Senate Majority Leader Andrea
25 Stewart-Cousins, that would bring a bill like
4996
1 this to the floor that will make a big difference
2 in this country.
3 SENATOR AKSHAR: Madam President,
4 through you, will the sponsor continue to yield?
5 ACTING PRESIDENT MAYER: Will the
6 sponsor yield?
7 SENATOR BENJAMIN: Yes, I will.
8 ACTING PRESIDENT MAYER: The
9 sponsor yields.
10 SENATOR AKSHAR: I'm sorry, Madam
11 President, in the latter part of that legislation
12 after the comments from the CEO of the bank, did
13 the sponsor say "cage human beings for profit"?
14 Is that what the sponsor said?
15 SENATOR BENJAMIN: That is what I
16 said, yes. That was pretty accurate, too.
17 SENATOR AKSHAR: Thank you.
18 If the sponsor --
19 SENATOR BENJAMIN: Do you want me
20 to expand on that or --
21 SENATOR AKSHAR: I just wanted a
22 yes or no. But you know what, I have a great
23 deal of respect for you. If you'd like to
24 expand, go ahead.
25 SENATOR BENJAMIN: Sure. One of
4997
1 the things that -- I've had an issue with private
2 prisons for a long time. I believe that they
3 facilitate mass incarceration for a very simple
4 purpose.
5 I went to business school,
6 Madam President. And in business school you
7 learn that one of the most important parts of a
8 private business is to grow that business. So
9 that leads me to the natural conclusion that if I
10 am running a private prison, my main order of
11 business is to grow that business. How do I grow
12 a private prison business? I have to incarcerate
13 more people. I have to either have less costs
14 with the same amount of people or have more
15 people -- actually, ideally, you have more
16 people, less cost.
17 And so for me, when you talk about
18 incarceration, that is not something I believe
19 the private industry should be a part of. That
20 is something that I believe should be done by the
21 public sector. The goal should be
22 rehabilitation, not punishment and profiteering.
23 SENATOR AKSHAR: Madam President,
24 through you, if the sponsor would continue to
25 yield.
4998
1 ACTING PRESIDENT MAYER: Will the
2 sponsor yield?
3 SENATOR BENJAMIN: Yes, I will.
4 ACTING PRESIDENT MAYER: The
5 sponsor yields.
6 SENATOR AKSHAR: How many
7 for-profit prisons do we have in New York State?
8 SENATOR BENJAMIN: Madam President,
9 we have no for-profit prisons presently in
10 New York State.
11 SENATOR AKSHAR: Madam President,
12 through you, if the sponsor will continue to
13 yield.
14 ACTING PRESIDENT MAYER: Will the
15 sponsor yield?
16 SENATOR BENJAMIN: Yes, I will.
17 ACTING PRESIDENT MAYER: The
18 sponsor yields.
19 SENATOR AKSHAR: So we have no
20 for-profit prisons in the State of New York. Do
21 you know how many people are incarcerated, then,
22 nationally in prisons that are run by
23 contractors?
24 SENATOR BENJAMIN: My
25 understanding, Madam President, 9 percent of the
4999
1 prison population of this country is in
2 private -- sort of run by private prison
3 contractors.
4 SENATOR AKSHAR: I'm sorry, was it
5 9 percent?
6 SENATOR BENJAMIN: I said
7 9 percent.
8 SENATOR AKSHAR: Nine percent.
9 SENATOR BENJAMIN: That's my
10 understanding. Do you have a different
11 understanding -- can I ask him? Will you, the
12 Senator, yield for a question?
13 SENATOR AKSHAR: Yeah, I'd love to.
14 ACTING PRESIDENT MAYER: Does the
15 Senator yield?
16 SENATOR AKSHAR: I do.
17 ACTING PRESIDENT MAYER: The
18 Senator yields.
19 SENATOR BENJAMIN: Do you believe
20 that the private prison industry is a good
21 industry?
22 SENATOR AKSHAR: Senator, I haven't
23 given it much thought.
24 You know, I think -- to your point,
25 I thought the number was 10 percent. You're
5000
1 saying it's 9, okay.
2 The fact that, you know, there are
3 tens of thousands, hundreds of thousands of
4 people who are incarcerated and only 9 percent of
5 them are in for-profit prisons I think is a good
6 thing. I'm not suggesting for-profit prisons are
7 good, they're bad. Again, I haven't given it
8 much thought.
9 Would the sponsor continue to yield?
10 ACTING PRESIDENT MAYER: Would the
11 sponsor yield?
12 SENATOR BENJAMIN: Yes, I will,
13 absolutely. Absolutely.
14 ACTING PRESIDENT MAYER: The
15 sponsor yields.
16 SENATOR AKSHAR: So I think the
17 sponsor -- Madam President, through you -- hit on
18 this. But my question to the sponsor is, do you
19 believe that for-profit prisons are driving
20 incarceration rates?
21 SENATOR BENJAMIN: Through you,
22 Madam President, I believe that private prisons
23 have a bad incentive to drive mass incarceration.
24 I believe -- I want to add to that.
25 Whether it's 9 percent or 10 percent of the
5001
1 prison population is in private prisons -- from
2 my understanding, somewhere around 75 percent of
3 immigrant detainees right now are in private
4 prisons. So that is moving in the wrong
5 direction. And you could check those facts, but
6 that's my understanding of it.
7 And obviously when you have zero
8 tolerance policies and separating children from
9 their parents at the borders, I think that that's
10 very complicated, and that has to be addressed
11 more thoroughly.
12 But for me, private prisons -- if I
13 am in the marketing department of a private
14 prison, my job is to figure out how to have more
15 people incarcerated, to have stiffer penalties
16 for low-level offenses or any other offense. And
17 that's how I make my living, right?
18 I mean, when President Trump got
19 elected, the private prison companies, the two
20 big ones, their stocks exploded -- some accounts
21 was 30 to 40 percent. Obviously they had some --
22 the shareholders had some assumption that those
23 businesses would grow.
24 And you know, for me, we should not
25 be in the business, there should not be
5002
1 profiteering and shareholder value conversations
2 around incarceration and furthering more mass
3 incarceration. We've heard some of the cases
4 where there have been some judges who have been
5 bribed, they've been bribed by some of these
6 companies. We've heard of cases where, you know,
7 there have been donations that have been given to
8 political elected officials with the argument
9 that, you know, I'm assuming they're given
10 because they want to facilitate their business.
11 Otherwise, they would be hurting their
12 shareholders and their shareholder value.
13 So for me, we should not be in the
14 private prison business. And so as far as I'm
15 concerned, New York State should not do anything
16 to help this industry move forward.
17 SENATOR AKSHAR: Madam President,
18 through you, if the sponsor would continue to
19 yield.
20 ACTING PRESIDENT MAYER: Will the
21 sponsor yield?
22 SENATOR BENJAMIN: Yes, absolutely.
23 ACTING PRESIDENT MAYER: The
24 sponsor yields.
25 SENATOR AKSHAR: To the sponsor --
5003
1 through you, Madam President -- is this bill more
2 about politics or is it more about regulating the
3 for-profit prison industry?
4 You just made mention -- in that
5 answer to my previous question, you talked about
6 Trump being elected, you talked about illegal
7 detainees being held at certain locations. So is
8 this bill more focused on addressing things
9 happening at the national level, or does it
10 really have everything to do with what
11 state-chartered banks are doing?
12 SENATOR BENJAMIN: Through you,
13 Madam President, this bill is not about national
14 politics. I was just referencing that based on
15 your question about the size of private prisons
16 in this country.
17 What this bill is about -- I think
18 there's a moral element to this and there's a
19 policy element to this. As far as I'm concerned,
20 mass incarceration has huge implications for our
21 economy. I believe that we over-incarcerate as
22 it relates to public safety, and as a result we
23 have individuals who are presently incarcerated
24 who should not have been or are
25 over-incarcerated. That has implications for
5004
1 society, it has bad implications for particularly
2 communities of color, and it has bad implications
3 for our families.
4 And so for me, that to me is the
5 main driver of why I'm very committed to trying
6 to stop the private prison industry from
7 increasing. I actually want it to decrease and
8 actually end. We should not have any private
9 contractors. There should be no affiliation with
10 governments -- whether it's state, city or
11 federal -- and private prisons.
12 SENATOR AKSHAR: Madam President,
13 through you, if the sponsor will continue to
14 yield.
15 ACTING PRESIDENT MAYER: Does the
16 sponsor yield?
17 SENATOR BENJAMIN: Yes, I will.
18 ACTING PRESIDENT MAYER: Yes, the
19 sponsor yields.
20 SENATOR AKSHAR: We have a dual
21 banking system in this country, right? Banks are
22 either federally chartered or they're state
23 chartered.
24 Can you tell me what the breakdown
25 is, in the state, federally chartered banks
5005
1 versus state-chartered banks?
2 SENATOR BENJAMIN: I believe it's
3 roughly 30 to 40 percent state-chartered banks
4 versus federally chartered banks.
5 SENATOR AKSHAR: Madam President,
6 through you, if the sponsor will continue to
7 yield.
8 ACTING PRESIDENT MAYER: Will
9 sponsor yield?
10 SENATOR BENJAMIN: Yes, I will.
11 ACTING PRESIDENT MAYER: The
12 sponsor yields.
13 SENATOR AKSHAR: So of that 30 or
14 40 percent, as you've told us all, how many
15 state-chartered banks are currently investing in
16 for-profit prisons?
17 SENATOR BENJAMIN: Through you,
18 Madam President, we don't know the -- I don't
19 know the specific answer to that. But what I do
20 know is that I don't want them to do that going
21 forward.
22 So what could be happening with a
23 few, which I don't believe is a lot, if it is --
24 this bill is about the future. It's about where
25 we're going as a society. And so the real issue
5006
1 is making sure that state-chartered banks don't
2 have any investments going forward. This is a
3 pro -- this is a looking-forward bill, not a
4 looking-backward bill.
5 SENATOR AKSHAR: Madam President,
6 if the sponsor would continue to yield.
7 ACTING PRESIDENT MAYER: Does the
8 sponsor yield?
9 SENATOR BENJAMIN: Yes, I will.
10 ACTING PRESIDENT MAYER: The
11 sponsor yields.
12 SENATOR AKSHAR: In the State of
13 New York, how are prisons run? Who runs the
14 prisons in the State of New York?
15 SENATOR BENJAMIN: Through you,
16 Madam President, our prisons are state-run.
17 They're publicly run, they're not run through --
18 I'm assuming your question is are they run
19 publicly or privately, and the answer is
20 publicly.
21 SENATOR AKSHAR: Madam President,
22 if the sponsor would continue to yield.
23 ACTING PRESIDENT MAYER: Does the
24 sponsor yield?
25 SENATOR BENJAMIN: Yes, I do.
5007
1 ACTING PRESIDENT MAYER: The
2 sponsor yields.
3 SENATOR AKSHAR: So how are those
4 prisons funded in the State of New York? How are
5 our prisons in the State of New York funded? Do
6 we use taxpayer dollars?
7 SENATOR BENJAMIN: My understanding
8 is that we use taxpayer dollars with all
9 state-run institutions, yes.
10 SENATOR AKSHAR: Madam President,
11 if the sponsor would continue to yield.
12 ACTING PRESIDENT MAYER: Will the
13 sponsor continue to yield?
14 SENATOR BENJAMIN: Yes, I will.
15 ACTING PRESIDENT MAYER: The
16 sponsor yields.
17 SENATOR AKSHAR: Does the sponsor
18 believe that there are problems within the state
19 correctional facilities, the state-run
20 correctional facilities throughout the state?
21 SENATOR BENJAMIN: Yes, I do.
22 SENATOR AKSHAR: Will the sponsor
23 continue to yield?
24 ACTING PRESIDENT MAYER: Does the
25 sponsor yield?
5008
1 SENATOR BENJAMIN: Yes, I will.
2 ACTING PRESIDENT MAYER: The
3 sponsor yields.
4 SENATOR AKSHAR: Does the sponsor
5 believe that state prisons in the State of
6 New York, those that are run by the public, do
7 you think they do a better job than privately run
8 prisons that are run throughout the nation?
9 SENATOR BENJAMIN: Through you,
10 Madam President, I believe with any flaws that
11 occur in our state prison run system, I believe
12 that the state is not incentivized for that --
13 for incarceration. I believe that's a very
14 fundamental point that you can't run away from.
15 We need to have, in our prison
16 industry -- which quite frankly should be more
17 focused on rehabilitation than on profiteering
18 and punishment -- we need to have the public
19 sector running the prison industry.
20 Now, are there -- is it perfect?
21 Absolutely not. I can't think of anything
22 perfect in any sector, public or private. So I
23 think that's kind of besides the point.
24 I think the real issue is as a
25 society, should people be making millions of
5009
1 dollars off of incarceration of fellow citizens?
2 I believe the answer is no. I don't even know
3 why this is so controversial, to be frank. I
4 mean, to me, I think we all should say to
5 ourselves, okay, should people go into work every
6 day and say to themselves, Hmm, what can I do to
7 incarcerate more people? I think the answer is
8 no.
9 And so for me, I believe that this
10 is a moral issue, and I think that New York State
11 rightly stopped investing in -- our city
12 comptroller and our state comptroller, they
13 rightly pulled out of investing in private prison
14 companies. And I believe it is only logical to
15 now say, Wait a second, state-chartered banks,
16 they -- you know, that we license -- this is --
17 we do this -- they should not be investing in
18 private prisons.
19 And I would also just add JPMorgan
20 Chase, a pretty big bank -- I heard Wells Fargo
21 told folks on Capitol Hill, Congresswoman
22 Maloney, they're going to get out of it too. So
23 it's not as if somehow this is destroying private
24 business or destroying our banks. Matter of
25 fact, I think it's a moral statement that we can
5010
1 make to say, You know what, we're going to do the
2 right thing and we're going to acknowledge that
3 some industries should not be in private hands.
4 And I went to business school,
5 Madam President. It's not like -- I mean, I was
6 trained on business. And I'm saying to you the
7 mindsets that drive those who run businesses is
8 about growing revenue, shrinking costs, building
9 operating margins, delivering net income for
10 shareholders. That's the mindset.
11 And in this industry, the product is
12 people and incarceration. How can we sit here
13 and say, Oh, yeah, yeah, let's try to make an
14 argument that we should keep doing this stuff? I
15 don't know.
16 But listen, I will happily answer
17 all the questions because I have a lot of respect
18 for my colleague. But I will say when it comes
19 to the issue of whether we should be in the
20 private prison industry because there's an
21 argument to be made that our public prisons have
22 issues here or there -- I think we have issues
23 everywhere, but I don't believe that we should be
24 privatizing incarceration.
25 SENATOR AKSHAR: I'm on the bill,
5011
1 Madam President.
2 ACTING PRESIDENT MAYER: Senator
3 Akshar on the bill.
4 SENATOR AKSHAR: I just want to
5 thank my esteemed colleague for answering my
6 questions.
7 And, you know, you said you don't
8 understand from your point of view why this is a
9 controversial issue. I've heard your side argue
10 about prison being a big business, right? And
11 the point I make is that it's a big business if
12 it's funded by the public, but it's the same
13 thing -- it's a big business if it's funded
14 privately.
15 And, you know, we have talked --
16 I've talked with others -- you know, in this
17 criminal justice system that we currently have,
18 people end up incarcerated and I really think
19 that it's a societal issue. Right? We have to
20 do a better job as a society not to -- you know,
21 to ensure that people have everything they need
22 to be successful.
23 Here is my concern with the bill.
24 The State of New York, we're the banking capital
25 of the world. Banks do $4 trillion in business
5012
1 in the State of New York a year. And why is it
2 that only 15 percent of the bank in this state
3 are state-chartered? Because of all of the
4 onerous regulations that we put on them.
5 And I'm deeply concerned that this,
6 again, is one of those onerous regulations.
7 These are financial decisions that those in the
8 banking industry should make. And the fear again
9 really is just I think that we are on an
10 incredibly slippery slope where we are
11 essentially telling people -- and I say this with
12 the utmost respect to the sponsor. We're
13 essentially telling folks that we don't like the
14 space that you work in, we don't like the
15 business that you're in.
16 And you had mentioned for moral
17 reasons. I tend to believe that we're making
18 some of these decisions on this particular issue
19 because of political issues, things that are
20 happening on the federal level. And, you know,
21 just like this press release from 2018 where the
22 Governor directed DFS and state-chartered banks
23 really to take a deep look into where they were
24 making investments specifically around the NRA, I
25 feel like we're doing the same exact thing on
5013
1 this particular bill.
2 Madam President, when it comes time
3 to vote, I'll be voting in the negative. Thank
4 you. And again, thank you to the sponsor.
5 ACTING PRESIDENT MAYER: Senator
6 Griffo.
7 SENATOR GRIFFO: Thank you,
8 Madam President. Would the sponsor yield?
9 ACTING PRESIDENT MAYER: Does the
10 sponsor yield?
11 SENATOR BENJAMIN: Yes, I will.
12 ACTING PRESIDENT MAYER: The
13 sponsor yields.
14 SENATOR GRIFFO: Thank you, Senator
15 Benjamin.
16 Just a question on -- you brought
17 the -- it was a very interesting discussion, and
18 I appreciate the philosophic perspectives that
19 were presented here today. But mine is more as a
20 former chair of the Banks Committee now, I'm
21 trying to get a perspective here. Is the sponsor
22 aware of any federally chartered bank that's got
23 this same prohibition?
24 SENATOR BENJAMIN: I am not aware
25 of that. But I do know that JPMorgan Chase
5014
1 actually proactively put it on itself. And my
2 understanding is that Wells Fargo has also agreed
3 to do this as well. And there's a lot of
4 action -- groups like Make the Road and others
5 are actively working on getting other banks to
6 do the same thing.
7 So I'm not aware of any federal
8 prohibition. I doubt that we can expect any with
9 the present administration. But hopefully in the
10 future there might be some federal prohibitions.
11 SENATOR GRIFFO: Thank you, Senator
12 Benjamin.
13 I'm just going to speak briefly on
14 the bill.
15 ACTING PRESIDENT MAYER: Senator
16 Griffo on the bill.
17 SENATOR GRIFFO: My concern there
18 is -- I indicated for a long time, working with
19 the Department of Financial Services, we were
20 trying our best to continue to encourage more
21 state charters as opposed to federal charters.
22 And I would be concerned if we put
23 prohibitions on state banking institutions right
24 now if we're trying to encourage them to
25 undertake a charter, but say you're going to be
5015
1 restricted in A, B, C and D, where a federally
2 chartered bank would not be.
3 And I understand that some of them
4 may be self-imposing this. So from an industry
5 perspective, and trying to ensure that to
6 continue to remain the financial capital of the
7 world here -- we've lost a lot of that to
8 Charlotte, we've lost a lot of it to Delaware.
9 And that's some of my concern here,
10 that for fairness across the banking industries
11 and the institutions right now -- because if we
12 put restrictions on state charters, as opposed to
13 what the federal charters can do -- and I
14 recognize we don't govern federal charters.
15 But on the other hand, I want to
16 encourage more state banks to be able to have
17 that ability to look at a state charter and then
18 to be able to have options and flexibility as to
19 how to conduct their business.
20 Thank you.
21 ACTING PRESIDENT MAYER: Senator
22 Benjamin.
23 SENATOR BENJAMIN: I'm on the bill,
24 just to quickly respond to that point.
25 ACTING PRESIDENT MAYER: Senator
5016
1 Benjamin on the bill.
2 SENATOR BENJAMIN: Yes, just to
3 quickly respond to that point.
4 Not one state-chartered bank, not
5 one, lifted its hand to say they had an issue
6 with this bill. That was after I did a press
7 conference with Congressman Gregory Meeks,
8 Congressman Jerry Nadler, we had a whole big
9 thing in Harlem. No one -- we didn't hide this
10 bill. This bill has been in public sight for
11 over a month. We did not hear one complaint,
12 from not one state-chartered bank.
13 So I just want to make sure that
14 it's clear, if there was some concern we would
15 have heard about it, because we sure hear about
16 other concerns. And so being that we didn't hear
17 about it, I'm left to assume that our
18 state-chartered banks thought to themselves, You
19 know what? Hey, this is probably a good thing.
20 We should probably be making a statement like
21 this. That's the only thing I can be left to
22 assume, because they didn't complain about it.
23 And so I just wanted to make sure that that is
24 clear on the record.
25 ACTING PRESIDENT MAYER: Are there
5017
1 any other Senators wishing to be heard?
2 Seeing and hearing none, debate is
3 closed.
4 The Secretary will ring the bell.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Senator
12 Seward to explain his vote.
13 SENATOR SEWARD: Yes, thank you,
14 Madam President.
15 I've been listening intently to the
16 discussion on this legislation, which much of the
17 discussion surrounded the issue of private
18 incarceration facilities and the issues
19 surrounding such facilities. And that's all a
20 very interesting discussion, and everyone can
21 have their own views in terms of those types of
22 facilities.
23 But I think this legislation before
24 us at this time goes much deeper than that one
25 issue, because of what I would consider the very
5018
1 dangerous precedent that this legislation is
2 setting here in the State of New York as it
3 relates to our state-chartered banks. Where will
4 it end? If a majority of the members of the
5 Legislature decide they don't like this industry
6 or that industry, are we going to tie the hands
7 further of our state-chartered bank in terms of
8 their investments?
9 It seems to me that our
10 state-chartered banks are in a position to make
11 decisions that are in the best interests of their
12 investors and stockholders and, very importantly,
13 their depositors in terms of getting the best
14 financial return on their investments.
15 And as Senator Benjamin pointed out,
16 the state-chartered banks have not come forward
17 in opposition to this bill. It strikes me that
18 the reason for that is that they are not
19 currently investing in private incarceration
20 facilities. In fact, we don't have them in
21 New York State.
22 And also it says to me that the
23 concern that I have is that the answer that the
24 state-chartered banks will give to this type of
25 legislation, with the dangerous precedent that it
5019
1 sets -- they may not object to the legislation,
2 but they will be exploring going federally
3 chartered and we'll have even fewer
4 state-chartered banks in New York State.
5 So I'm voting no on this bill
6 because of the dangerous precedent that this
7 legislation sets.
8 ACTING PRESIDENT MAYER: Senator
9 Seward to be recorded in the negative.
10 Senator Benjamin to explain his
11 vote.
12 SENATOR BENJAMIN: Thank you,
13 Madam President.
14 I just wanted to thank our Majority
15 Leader, Senator Andrea Stewart-Cousins, for
16 bringing this bill to the floor. I want to thank
17 my colleagues for being a part of this
18 conversation.
19 To me, we do need to remember that
20 people drive this state. And, you know, to have
21 a state charter is a privilege, it's not a right.
22 And I think that along with that there should be
23 certain requirements that we have as a society,
24 one of which I feel very passionately about,
25 which is not furthering mass incarceration for
5020
1 mass incarceration's sake. That has to happen at
2 the expense of the individuals who are being
3 incarcerated, who just so happen to be primarily
4 members of communities of color.
5 And so for me, I think this is
6 something that we are doing today that's the
7 right thing. I think this is something that we
8 can be proud about. And I think it is something
9 that we can say, you know what, we came to Albany
10 and did the right thing. Because I'm telling you
11 if we don't deal with this mass incarceration
12 system that we have in this country, we are going
13 to have some really bad days ahead.
14 And I think the way in which we're
15 moving forward as it relates to the border and
16 the immigrant facilities and how we're tying up
17 private prisons with that, I think it's very
18 detrimental to who we are as a country and what
19 we proclaim to be in the world.
20 So I'll be proudly voting aye on
21 this bill, and I want to thank all of those who
22 are voting aye on this bill. And thank you for
23 giving me the time to say a few words.
24 ACTING PRESIDENT MAYER: Senator
25 Benjamin to be recorded in the affirmative.
5021
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 1255, those Senators voting in the
4 negative are Senators Akshar, Amedore, Antonacci,
5 Boyle, Flanagan, Funke, Gallivan, Griffo,
6 Helming, Jacobs, Jordan, Lanza, LaValle, Little,
7 O'Mara, Ortt, Ranzenhofer, Ritchie, Robach,
8 Seward and Tedisco.
9 Ayes, 40. Nays, 21.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 Senator Gianaris, that completes the
13 reading of the controversial calendar.
14 SENATOR GIANARIS: Thank you,
15 Madam President.
16 If we could briefly return to
17 motions and resolutions.
18 ACTING PRESIDENT MAYER: Motions
19 and resolutions.
20 SENATOR GIANARIS: On behalf of
21 Senator Rivera, on page 19 I offer the following
22 amendments to Calendar Number 542, Senate
23 Print 4930, and ask that said bill retain its
24 place on the Third Reading Calendar.
25 ACTING PRESIDENT MAYER: The
5022
1 amendments are received, and the bill will retain
2 its place on the Third Reading Calendar.
3 SENATOR GIANARIS: On behalf of
4 Senator Hoylman, on page 7 I offer the following
5 amendments to Calendar Number 188, Senate
6 Print 3468A, and ask that said bill retain its
7 place on Third Reading Calendar.
8 ACTING PRESIDENT MAYER: The
9 amendments are received, and the bill will retain
10 its place on Third Reading Calendar.
11 SENATOR GIANARIS: On behalf of
12 Leader Stewart-Cousins, on page 55 I offer the
13 following amendments to Calendar Number 1213,
14 Senate Print 4216B, and ask that said bill retain
15 its place on Third Reading Calendar.
16 ACTING PRESIDENT MAYER: The
17 amendments are received, and the bill will retain
18 its place on the Third Reading Calendar.
19 SENATOR GIANARIS: On behalf of
20 Senator Hoylman, I wish to call up Senate
21 Print 439, recalled from the Assembly, which is
22 now at the desk.
23 ACTING PRESIDENT MAYER: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
5023
1 594, Senate Print 439, by Senator Hoylman, an act
2 to amend the Executive Law.
3 SENATOR GIANARIS: Move to
4 reconsider the vote by which the bill was passed.
5 ACTING PRESIDENT MAYER: The
6 Secretary will call the roll on reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT MAYER: The bill
10 is restored to its place on the Third Reading
11 Calendar.
12 SENATOR GIANARIS: I offer the
13 following amendments.
14 ACTING PRESIDENT MAYER: The
15 amendments are received.
16 SENATOR GIANARIS: Can you please
17 call on Senator Griffo.
18 ACTING PRESIDENT MAYER: Senator
19 Griffo.
20 SENATOR GRIFFO: Thank you,
21 Madam President.
22 On behalf of the good Senator
23 Griffo, on page 40 I offer the following
24 amendments to Calendar Number 945, Senate Print
25 5865, and ask that the bill retain its place on
5024
1 the Third Reading Calendar.
2 ACTING PRESIDENT MAYER: The
3 amendments are received, and the bill will retain
4 its place on Third Reading Calendar.
5 SENATOR GIANARIS: Madam President,
6 is there any further business at the desk?
7 ACTING PRESIDENT MAYER: There is
8 no further business at the desk.
9 SENATOR GIANARIS: Move to adjourn
10 until tomorrow, Wednesday, June 12th, at
11 1:00 p.m.
12 ACTING PRESIDENT MAYER: On motion,
13 the Senate stands adjourned until Wednesday,
14 June 12th, at 1:00 p.m.
15 (Whereupon, at 5:41 p.m., the Senate
16 adjourned.)
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