Regular Session - June 12, 2019

                                                                   5025

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 12, 2019

11                      2:19 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  


                                                               5026

 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 for the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   Reverend Dr. Elgin Joseph Taylor, Sr., the senior 

10   pastor of Sweet Pilgrim Baptist Church, in 

11   Albany, will deliver today's invocation.  

12                Dr. Taylor.  

13                REVEREND DR. TAYLOR:  Let us pray.  

14                God of our weary years, God of our 

15   silent tears, Thou who has brought us thus far on 

16   the way, Thou who has by Thy might led us into 

17   the light, keep us forever in the path, we pray.  

18                Creator, maker, ruler and sustainer 

19   of all, God, we come into Your presence and we 

20   invoke Your presence in this place as these 

21   Senators have gathered to do the bidding for the 

22   State of New York.  

23                We pray Your blessing over every 

24   Senator, over all of the deliberations that shall 

25   take place in this session today.  We pray, God, 


                                                               5027

 1   that You give them the power to agree to disagree 

 2   for the greater good of the State of New York.  

 3                Now, God, we thank You for all 

 4   things that You have done, all things that You 

 5   are doing, and those things You shall do.  

 6                And we pray this prayer in the 

 7   mighty and matchless and immutable name of Jesus 

 8   the Christ.  Amen.

 9                (Response of "Amen.")

10                ACTING PRESIDENT BENJAMIN:   The 

11   reading of the Journal.

12                THE SECRETARY:   In Senate, Tuesday, 

13   June 11, 2019, the Senate met pursuant to 

14   adjournment.  The Journal of Monday, June 10, 

15   2019, was read and approved.  On motion, Senate 

16   adjourned.

17                ACTING PRESIDENT BENJAMIN:   Without 

18   objection, the Journal stands approved as read.

19                Presentation of petitions.  

20                Messages from the Assembly.

21                The Secretary will read.

22                THE SECRETARY:   On page 5, 

23   Senator Krueger moves to discharge, from the 

24   Committee on Rules, Assembly Bill Number 3245A 

25   and substitute it for the identical Senate Bill 


                                                               5028

 1   2376A, Third Reading Calendar 120.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   substitution is so ordered.

 4                THE SECRETARY:   On page 9, 

 5   Senator Breslin moves to discharge, from the 

 6   Committee on Codes, Assembly Bill Number 7080A 

 7   and substitute it for the identical Senate Bill 

 8   2848A, Third Reading Calendar 247.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   substitution is so ordered.

11                THE SECRETARY:   On page 26, 

12   Senator Kavanagh moves to discharge, from the 

13   Committee on Judiciary, Assembly Bill Number 

14   2653A and substitute it for the identical Senate 

15   Bill 3704, Third Reading Calendar 699.

16                ACTING PRESIDENT BENJAMIN:   The 

17   substitution is so ordered.

18                THE SECRETARY:   On page 40, 

19   Senator Kennedy moves to discharge, from the 

20   Committee on Rules, Assembly Bill Number 7131 and 

21   substitute it for the identical Senate Bill 5095, 

22   Third Reading Calendar 955.

23                ACTING PRESIDENT BENJAMIN:   The 

24   substitution is so ordered.

25                THE SECRETARY:   On page 46, 


                                                               5029

 1   Senator Carlucci moves to discharge, from the 

 2   Committee on Rules, Assembly Bill Number 7654A 

 3   and substitute it for the identical Senate Bill 

 4   5636A, Third Reading Calendar 1053.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   On page 48, 

 8   Senator Persaud moves to discharge, from the 

 9   Committee on Rules, Assembly Bill Number 4898 and 

10   substitute it for the identical Senate Bill 6200, 

11   Third Reading Calendar 1099.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   On page 49, 

15   Senator Skoufis moves to discharge, from the 

16   Committee on Rules, Assembly Bill Number 375 and 

17   substitute it for the identical Senate Bill 2736, 

18   Third Reading Calendar 1112.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                Messages from the Governor.

22                Reports of standing committees.

23                Reports of select committees.

24                Communications and reports from 

25   state officers.


                                                               5030

 1                Motions and resolutions.

 2                Senator Gianaris.

 3                SENATOR GIANARIS:   Mr. President, 

 4   amendments are offered to the following Third 

 5   Reading Calendar bills.  

 6                On behalf of Senator Sanders, on 

 7   page 9, Calendar Number 221, Senate Print 2884C; 

 8                Senator Kaminsky, page 13, Calendar 

 9   Number 411, Senate Print 4241; 

10                Senator Kennedy, page 47, Calendar 

11   Number 1076, Senate Print 4580; 

12                Senator Kaminsky, page 51, Calendar 

13   Number 1174, Senate 6092; 

14                Senator Skoufis, page 50, Calendar 

15   Number 1168, Senate Print 5883; 

16                Senator Skoufis, page 51, Calendar 

17   Number 1169, Senate Print 5884; and 

18                Senator Skoufis, page 51, Calendar 

19   Number 1177, Senate Print 6179.

20                ACTING PRESIDENT BENJAMIN:   The 

21   amendments are received, and the bills shall 

22   retain their place on the Third Reading Calendar.

23                SENATOR GIANARIS:   Without 

24   objection, I wish to call up the following bills, 

25   recalled from the Assembly, which are now at the 


                                                               5031

 1   desk:  Senate 5932, 1481, and 4949.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1262, Senate Print 5932, by Senator Comrie, an 

 6   act to amend the Tax Law.

 7                Calendar Number 134, Senate Print 

 8   1481, by Senator Hoylman, an act to amend the 

 9   Executive Law.  

10                Calendar Number 610, Senate Print 

11   4949, by Senator Harckham, an act to validate 

12   certain acts of the Mahopac Central School 

13   District with regard to certain capital 

14   improvement projects.

15                SENATOR GIANARIS:   I move to 

16   reconsider the vote by which these bills were 

17   passed.

18                ACTING PRESIDENT BENJAMIN:   The 

19   Secretary will call the roll on reconsideration.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bills are restored to their place on the 

24   Third Reading Calendar.

25                SENATOR GIANARIS:   I offer the 


                                                               5032

 1   following amendments.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   amendments are received.

 4                SENATOR GIANARIS:   On behalf of 

 5   Senator Thomas, I move to recommit 

 6   Senate Bill 2435A, Calendar Number 565 on the 

 7   order of third reading, to the Committee on Local 

 8   Government, with instructions to said committee 

 9   to strike the enacting clause.

10                ACTING PRESIDENT BENJAMIN:   It is 

11   so ordered.

12                SENATOR GIANARIS:   Please call on 

13   Senator Griffo.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Griffo.

16                SENATOR GRIFFO:   Thank you, 

17   Mr. President.

18                On behalf of Senator Akshar, I want 

19   to call up Senate Print 2458, recalled from the 

20   Assembly, which should now be at the desk.

21                ACTING PRESIDENT BENJAMIN:   The 

22   Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   1240, Senate Print 2458, by Senator Akshar, an 

25   act authorizing the Town of Hancock, County of 


                                                               5033

 1   Delaware, to alienate and convey certain parcels 

 2   of land used as parklands.

 3                SENATOR GRIFFO:   Mr. President, I 

 4   now move to reconsider the vote by which this 

 5   bill was passed.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   Secretary will call the roll on reconsideration.

 8                (Chanting/singing from the gallery.)

 9                ACTING PRESIDENT BENJAMIN:   Order 

10   in the chamber, please.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is restored to its place on the Third 

15   Reading Calendar.  

16                SENATOR GRIFFO:   I offer the 

17   following amendments.

18                ACTING PRESIDENT BENJAMIN:   The 

19   amendments are received.

20                SENATOR GRIFFO:   Thank you for the 

21   acoustic background.

22                SENATOR GIANARIS:   Mr. President, 

23   can we now take up the Resolution Calendar, with 

24   the exception of Resolutions 1821, 1875, and 

25   1876.


                                                               5034

 1                ACTING PRESIDENT BENJAMIN:   All in 

 2   favor of adopting the Resolution Calendar, with 

 3   the exceptions of Resolutions 1821, 1875, and 

 4   1876, please signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT BENJAMIN:    

 7   Opposed, nay.

 8                (No response.)

 9                ACTING PRESIDENT BENJAMIN:   The 

10   Resolution Calendar is adopted.

11                Senator Gianaris.

12                SENATOR GIANARIS:   Can we now 

13   please take up previously adopted Resolution 947, 

14   by Senator Rivera, read that resolution in its 

15   entirety, and recognize Senator Rivera.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Secretary will read.

18                THE SECRETARY:   Senate Resolution 

19   947, by Senator Rivera, memorializing Andrew M. 

20   Cuomo to proclaim June 2019 as Immigrant Heritage 

21   Month in the State of New York.

22                "WHEREAS, Generations of immigrants 

23   from every corner of the globe have built our 

24   country's economy and created the unique 

25   character of our state and nation; and 


                                                               5035

 1                "WHEREAS, Immigrants continue to 

 2   grow businesses, innovate, strengthen our economy 

 3   and create jobs in New York State; and 

 4                "WHEREAS, Immigrants have provided 

 5   the United States of America and New York State 

 6   with unique social and cultural influence, 

 7   fundamentally enriching the extraordinary 

 8   character of each; and 

 9                "WHEREAS, Immigrants constitute a 

10   vital segment not only in our state's community 

11   and economic affairs, but also our state's 

12   democracy and civic discourse; and 

13                "WHEREAS, Immigrants comprise more 

14   than a quarter of our state's workforce, and for 

15   that reason the care and well-being of these 

16   individuals is not only a priority but a 

17   necessity for the economic health of this state; 

18   and 

19                "WHEREAS, Immigrants account for 

20   nearly a third of New York's economic output in 

21   metropolitan areas and produce more than a fifth  

22   of New York's gross domestic product; and 

23                "WHEREAS, Foreign-born students 

24   seeking educational opportunities in New York 

25   contribute billions of dollars to the state in 


                                                               5036

 1   their journey to success; and 

 2                "WHEREAS, Immigrants have been 

 3   tireless leaders not only in securing their own 

 4   rights and access to equal opportunity, but have 

 5   also campaigned to create a fairer and more just 

 6   society for all Americans; and 

 7                "WHEREAS, Despite these countless  

 8   contributions, the role of immigrants in building 

 9   and enriching our nation has frequently been 

10   overlooked, undervalued and often disparaged 

11   throughout history and continuing to the present 

12   day; and 

13                "WHEREAS, It is imperative that 

14   there be greater public awareness and increased 

15   recognition of the contributions of immigrant  

16   communities at the local, state and national 

17   levels; now, therefore, be it 

18                "RESOLVED, That this Legislative 

19   Body pause in its deliberations to memorialize 

20   Governor Andrew M. Cuomo to proclaim June 2019 as 

21   Immigrant Heritage Month in the State of 

22   New York; and be it further 

23                "RESOLVED, That copies of this  

24   resolution, suitably engrossed, be transmitted to 

25   the Honorable Andrew M. Cuomo, Governor of the 


                                                               5037

 1   State of New York, and to the events 

 2   commemorating Immigrant Heritage Month throughout 

 3   New York State."

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Rivera on the resolution.

 6                SENATOR RIVERA:   Thank you so much, 

 7   Mr. President.  

 8                And as we near the end of session, 

 9   obviously we have to sometimes compete with 

10   outside voices, but I am happy to do so today, 

11   Mr. President.  

12                This is the fifth year that I've had 

13   the great privilege of bringing this resolution 

14   to the floor.  As the resolution was read, there 

15   was much that was said about how important 

16   immigrant communities are to our state.  And I 

17   want to underline that and say -- and take an 

18   opportunity to talk about -- do two things:  

19   First of all, to both celebrate the diversity of 

20   our state, and celebrate the diversity of our 

21   chamber.

22                Mr. President, as I'm sure that you 

23   are aware, we are an incredibly diverse body.  

24   And I am glad to say that -- although I hope I 

25   don't miss anyone -- we have folks in our chamber 


                                                               5038

 1   who are Senators from all over the state, some of 

 2   whom represent the first-time elected members of 

 3   this chamber that are either immigrants 

 4   themselves or members of a particular ethnic 

 5   group or nationality that have never been 

 6   represented in this chamber before, whether it's 

 7   El Salvador, Columbia, Costa Rica, India, Taiwan, 

 8   Iran, Guyana.  All of these folks represent all 

 9   of these different parts of the state and come 

10   here to speak on behalf of their constituency, 

11   who is in turn an incredibly diverse constituency 

12   itself.

13                In the case of my district, I have a 

14   large community of Puerto Ricans, Dominicans, 

15   Mexicans, a growing community of folks from 

16   Southeast Asia, folks from Central America, the 

17   Garifuna community, who have been here before.  

18                And even my staff, I am incredibly 

19   proud to have an incredibly diverse staff.  Just 

20   right now, Mr. President, in my staff I have 

21   folks who are either first-generation or directly 

22   connected to folks that came from Ireland, 

23   Venezuela, Peru, Mexico, the Dominican Republic, 

24   Ecuador, Antigua and Barbuda, just in my office.

25                And so one part of this is to 


                                                               5039

 1   celebrate the diversity that is our state, that 

 2   is our chamber, that is our constituency.  And 

 3   the other, Mr. President, is just to remind 

 4   ourselves that there are things that are 

 5   happening right now, attacks are happening right 

 6   now from the national government to that 

 7   diversity, whether it's to our state or across 

 8   the nation.  We have, sadly, somebody who sits in 

 9   the White House who does nothing but demean these 

10   individuals who come here to make themselves 

11   better, to bring forth positive things for their 

12   community.  

13                And so we have a responsibility here 

14   not only to just say it's great that we are a 

15   diverse state, it's great that we have a diverse 

16   heritage, but it's also important to say that we 

17   have a responsibility to those individuals.

18                I am glad to say that in 

19   the warriors that have fought for this, we're 

20   actually joined today by one such warrior, and 

21   that is Yaritza Mendez, who is Dominican herself, 

22   and is a member -- she is the lead organizer for 

23   Make the Road New York, who's an organization 

24   that fights just for these individuals, to make 

25   sure that we can get better conditions in this 


                                                               5040

 1   state, that we can get better conditions for 

 2   immigrants.  

 3                We have an obligation, 

 4   Mr. President, not only to celebrate but to 

 5   defend.  And that is what I hope that we will 

 6   continue to do in this body.

 7                And with that, Mr. President, I will 

 8   vote in the affirmative, obviously, on this 

 9   resolution, but I will also remind all of us to 

10   not just celebrate the folks that are diverse, 

11   that make up our constituency, but also make sure 

12   that we recommit ourselves to defending them 

13   every single day.  

14                Thank you, Mr. President.

15                ACTING PRESIDENT BENJAMIN:   The 

16   resolution was previously adopted on April 9th.  

17                To Ms. Mendez, I welcome you on 

18   behalf of the Senate.  We extend to you all of 

19   the privileges and courtesies of this house.  

20   Please rise and be recognized.

21                (Standing ovation.)

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Gianaris.

24                SENATOR GIANARIS:   Can we now take 

25   up Resolution 1821, by Senator Kaminsky, read its 


                                                               5041

 1   title only, and recognize Senator Kaminsky.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Senate Resolution 

 5   1821, by Senator Kaminsky, honoring former 

 6   New York State Assemblyman Harvey Weisenberg for 

 7   his tenacious advocacy for people with 

 8   developmental disabilities, for 25 years as a 

 9   State Assemblyman, and for more than 60 years of 

10   public service, on June 12, 2019.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Kaminsky on the resolution.

13                SENATOR KAMINSKY:   Thank you, 

14   Mr. President.

15                I have the distinct honor today of 

16   rising to honor the life of public service of 

17   former Assemblyman Harvey Weisenberg.  

18                I think it's important, especially 

19   during these very important times in Albany where 

20   momentous decisions will be made with great 

21   impact on our citizenry, that we remember what 

22   true leadership is really about.  And to have 

23   Harvey Weisenberg with us today is a reminder of 

24   that.

25                A few weeks ago I got to walk in the 


                                                               5042

 1   Memorial Day Parade in Long Beach alongside 

 2   Harvey and bask in his glow and see the adoration 

 3   of thousands of residents and of what Harvey's 

 4   leadership had meant to them.  And it really 

 5   inspired me to want him to be here today so I 

 6   could share with you my feelings and that we 

 7   could give him the debt of gratitude that he's 

 8   owed.

 9                Harvey Weisenberg sits in our body 

10   today with 67 years of public service, first as 

11   special education teacher, then an administrator, 

12   a police officer, a lifeguard, a City Council 

13   member, and then of course an Assemblyman who was 

14   chair of the Alcoholism Committee in the 

15   Assembly.

16                But what Harvey is known for is an 

17   unceasing, unflinching dogged advocacy on behalf 

18   of those with developmental disabilities who 

19   cannot speak for themselves.

20                Harvey has moved mountains.  He 

21   has done things for not only that community but 

22   others that no one has thought possible, because 

23   he did what his heart told him to do, what it 

24   wouldn't allow him to do anything else, and he 

25   never once gave up.


                                                               5043

 1                Millions and millions, over a 

 2   hundred million dollars have been given to this 

 3   cause because of his advocacy.  And what was once 

 4   something talked about in the shadows and the 

 5   darkness, Harvey brought into the light and 

 6   really built his career around.

 7                Now, some who I guess are cynical 

 8   have criticized Harvey for focusing too much on 

 9   this.  They've said Harvey is really only about 

10   the kids with disabilities, what else is he going 

11   to do.  That's like basically saying Gandhi 

12   focused too much on peace, Mark Twain focused too 

13   hard on writing, they should have done other 

14   things.  

15                But Harvey's work, if it was only in 

16   that one area alone, would have been an exemplary 

17   career for any of us to admire.  But he did so 

18   much more than that.  Talking to students in our 

19   community, up to their grandparents, aunts, 

20   uncles, cousins and friends, they only know one 

21   person in Long Beach who goes by one name.  

22   That's Harvey.  He is the Bono, the Cher, the 

23   Madonna of our community.  

24                (Laughter.)

25                SENATOR KAMINSKY:   Everyone knows 


                                                               5044

 1   one thing about Harvey, that he is Long Beach 

 2   through and through and he'll fight as hard as he 

 3   can for our community.  And his sense of love, 

 4   his bear hugs on the boardwalk, his meeting you 

 5   on the beach, his showing up at every meeting to 

 6   let you know what the right thing to do is, is 

 7   quintessential Long Beach community.  And that's 

 8   what Harvey stands for as well.  

 9                And in the Assembly, the laws he 

10   passed, the lives he changed, the resources he 

11   was able to garner are legendary, and deservedly 

12   so.

13                I think too often we let these 

14   moments pass.  But when I saw Harvey recently, I 

15   said, "Harvey, I want you in Albany, and I want 

16   you to really get the thank-yous that you deserve 

17   for a life of public service that at least among 

18   the people I know is unparalleled."  And so as 

19   you sit here today with your daughter Vicki and 

20   Marie Curley -- who is also an Assembly legend in 

21   her own right, who certainly helped me get 

22   there -- we just want to say thank you.  

23                Personally, I would not be here 

24   today without Harvey.  Harvey hired me as a 

25   lifeguard in 1998.  I'm not sure he gave me a 


                                                               5045

 1   correct lifeguard test.  He told me:  "Swim out 

 2   to there and come back," and then said "Now 

 3   you're a lifeguard."  I managed to do that.  But 

 4   Harvey also really helped make me an Assemblyman 

 5   and got me where I am today.  

 6                And just two very quick things.  

 7   Harvey once came up to me right when I got sworn 

 8   in, and he said, "I have a really big piece of 

 9   advice for you."  And he gave me a hug, and I 

10   thought he was going to tell me a critical piece 

11   of advice as to how to be a legislator.  You 

12   know, there's no book on this.  And he looked at 

13   me and he said, "Avoid the Cross-Bronx at all 

14   expense."

15                (Laughter.)

16                SENATOR KAMINSKY:   But what he 

17   really said after I laughed was "Do what's right, 

18   do what's right, do what's right.  And if that 

19   guides you at least a few precious moments in 

20   these halls, then I think we'll get somewhere."

21                So on behalf of a grateful Senate, a 

22   grateful Long Island, and a grateful New York, 

23   thank you, Harvey Weisenberg.

24                (Applause.)

25                ACTING PRESIDENT BENJAMIN:   We're 


                                                               5046

 1   going to do that at the end.

 2                (Laughter.)

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Mayer on the resolution.

 5                SENATOR MAYER:   Thank you, 

 6   Mr. President.

 7                And thank you, Senator Kaminsky, for 

 8   making sure that we had this special opportunity 

 9   to acknowledge and thank former Assemblyman 

10   Harvey Weisenberg.  

11                You know, there are people who in 

12   their tenure in these halls change the way the 

13   state thinks about an issue.  And I think 

14   single-handedly you changed the perspective of 

15   the New York State Legislature about people with 

16   developmental disabilities.  

17                One, you made it every person's 

18   story.  Every member had someone they knew that 

19   needed your voice.  And when you spoke, it 

20   resonated with every member.

21                Two, you were dogged, as Senator 

22   Kaminsky said.  I remember sitting in conference 

23   in the Assembly where you literally said, I will 

24   not agree to do this until we get more money for 

25   this program or this service, and we need to make 


                                                               5047

 1   sure these parents have someone who's going to 

 2   speak for them.  And were it not for that 

 3   determination, we would not have changed the 

 4   course of New York history.  

 5                And the third thing is you 

 6   personalized it with your speaking about your son 

 7   Ricky, and always making it a personal story that 

 8   everyone could relate to.  Everyone knew what you 

 9   were talking about, and everyone felt what you 

10   were talking about.  And you never hid your 

11   passion, your caring, your compassion, and you 

12   called us to our better angels.  

13                And so I am so fortunate to have 

14   served in the Assembly with you.  And I know when 

15   I chaired the Subcommittee on Students with 

16   Special Needs, you taught me so much about what 

17   every family, what every parent wants for that 

18   child.  

19                And I always remember you telling me 

20   the story that you would get called by a parent 

21   far outside your district because you were the 

22   go-to person for these parents.  And if they came 

23   from Yonkers or New Rochelle or Utica or Buffalo, 

24   they would call you and you would be their 

25   advocate.  And unfortunately, we need a lot more 


                                                               5048

 1   Harveys.  

 2                But today is our opportunity to 

 3   recognize and value the fact that you, through 

 4   your passion and intensity, changed the course of 

 5   New York history, and for that we're forever 

 6   thankful.

 7                Thank you, Harvey.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Boyle on the resolution.

10                SENATOR BOYLE:   Thank you, 

11   Mr. President, on the resolution.  

12                I'd like to thank Senator Kaminsky 

13   for bringing this resolution to the floor and to 

14   thank and congratulate Harvey on this 

15   well-deserved honor.  

16                It was a true privilege to serve 

17   with Harvey for a number of years in the New York 

18   State Assembly, and he was iconic, a leader's 

19   leader, for those with developmental disabilities 

20   in New York State, on behalf of his wonderful son 

21   Ricky and beautiful wife Ellen.  

22                We think of him as a leader on 

23   Long Island and throughout New York State, not 

24   just on those issues but on so many other issues 

25   that we brought to the floor in both the Assembly 


                                                               5049

 1   and the Senate.

 2                My favorite memory of Harvey was -- 

 3   I represented, in the Assembly, Fire Island, the 

 4   barrier beaches, and Harvey as chairperson came 

 5   and had an official Assembly hearing on 

 6   Fire Island.  It was about a hundred degrees 

 7   outside in the middle of August.  I showed up in 

 8   a suit, everyone else was in a suit, and Harvey 

 9   was in his lifeguard outfit, with shorts and a 

10   lifeguard top.  And he looked at me and said, 

11   "Phil, you're an idiot.  What are you doing here?  

12   This is -- we're supposed to have fun as well as 

13   do government's work."

14                Thank you, Harvey, and 

15   congratulations.  

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Gianaris on the resolution.

18                SENATOR GIANARIS:   Mr. President, I 

19   just want to add my words of thanks to Harvey 

20   Weisenberg, who I served with in the Assembly.  

21                And all the things that you've heard 

22   about him and you will hear about him are 

23   absolutely true.  The one thing -- I didn't hear 

24   all of Senator Kaminsky's remarks, but he kept 

25   saying what he's known for.  The one thing that I 


                                                               5050

 1   know that he's known for is the giant billboard 

 2   along the road to Long Beach where he's in his 

 3   swimming trunks, because he was a renowned 

 4   lifeguard for that community in addition to being 

 5   a great public servant.  

 6                So Harvey, it's good to see you back 

 7   here in the Capitol building.  Thank you for your 

 8   years of service.  And hopefully we'll see you 

 9   again before too long.

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   LaValle on the resolution.

12                SENATOR LaVALLE:   I want to thank 

13   Senator Kaminsky for introducing this resolution.  

14   And I think he said it all.  As a matter of fact, 

15   the counsel said, "What are you going to say?"  

16   And I said "Bravo."

17                Harvey, I was sitting in my seat and 

18   I said, "Gee, that fellow looks like Harvey 

19   Weisenberg."  And what you have done for 

20   special-needs children goes -- I mean, it's just 

21   wonderful.  You did it before you came to the 

22   Legislature, while you were in the Legislature, 

23   and after.  You are just a real mensch.  

24                And the words that were spoken were 

25   just -- I think Senator Kaminsky did a really 


                                                               5051

 1   good job in talking about your attributes.

 2                So good luck to you, and continue 

 3   your good deeds.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Stavisky on the resolution.

 6                SENATOR STAVISKY:   Yes, thank you, 

 7   Mr. President.

 8                And I want to echo what everybody 

 9   else has said but add another aspect, and that is 

10   the fact that Harvey and Ellen were sort of a 

11   fixture in the Legislature.  And that is 

12   something that I can personally relate to, 

13   because it's very difficult to be a spouse of a 

14   legislator.  And yet Harvey recognized that 

15   family is important.  And the relationship with 

16   his son is legendary, but so is the relationship 

17   to Ellen.  And we wish you many more years of 

18   lifeguarding.

19                Thank you.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Kennedy on the resolution.

22                SENATOR KENNEDY:   Thank you, 

23   Mr. President.

24                I too want to rise and first of all 

25   thank Assemblyman Harvey Weisenberg for his many, 


                                                               5052

 1   many years of service, not just to the great 

 2   people of Long Beach and Long Island, but this 

 3   entire state and our great nation.  Your work 

 4   speaks for itself.

 5                You have been a driving force in so 

 6   many initiatives that have had a positive impact 

 7   on people's lives, especially those that are the 

 8   most vulnerable.  Your work with individuals with 

 9   disabilities has been recognized on this floor 

10   already, but it's worth mentioning again.

11                Without you and your advocacy we 

12   would be, I would argue, decades behind where we 

13   stand today.  But because of you, folks 

14   throughout the State of New York that otherwise 

15   would not have had a voice had a champion, not 

16   just a voice but a champion that not only cared 

17   about them but understood them and put them first 

18   when in many cases they wouldn't have had a voice 

19   at all, and certainly wouldn't have been the top 

20   priority.  They were a top priority, and they 

21   were a top priority because of you, Assemblyman.  

22                I think Senator Kaminsky summed it 

23   up the best in all those incredible accolades 

24   that he presented to you.  I want to thank 

25   Senator Kaminsky for bringing this forward.


                                                               5053

 1                Assemblyman Weisenberg is a living 

 2   legend, somebody that is an icon in his community 

 3   and in the halls of the State Legislature.  We 

 4   are truly indebted to you, and our state will be 

 5   for generations to come.  

 6                Thank you for your service.  Thank 

 7   you for being here.  Congratulations.  And we 

 8   wish you well and Godspeed into the future.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Flanagan on the resolution.

11                SENATOR FLANAGAN:   Thank you, 

12   Mr. President.

13                It's great to listen to our 

14   colleagues, particularly those who had the 

15   opportunity to serve with Harvey in the Assembly.

16                And I'm a little bit away from him, 

17   but you could always tell during the legislative 

18   session as spring would be coming in and there 

19   were signs that there might be an end of session, 

20   because Harvey started wearing different clothes.  

21   He always had on a light-colored suit like, that 

22   kind of little spring in his step.  You know, 

23   always happy go lucky.  

24                The only thing I can't see, Harvey, 

25   is whether or not you have on the white shoes.  


                                                               5054

 1                (Laughter.)

 2                SENATOR FLANAGAN:   So one of his 

 3   signature components was the white shoes.

 4                But I've known Harvey for 30 years.  

 5   And we spent a lot of time together in the 

 6   Assembly, but in ways that are different than 

 7   from some other people in this room.  So if I can 

 8   say one thing -- I'm going to say some other 

 9   things -- but one thing that I hope people would 

10   remember:  Harvey has taught me and I think a lot 

11   of us about life, about perspective, and about 

12   pure, unconditional love.  

13                And your first thing would be you 

14   would think about people and children and adults 

15   with developmental disabilities.  You'd be right, 

16   but not completely.  What he really taught me 

17   about was love for Ellen.  They were Frick and 

18   Frack, Mutt and Jeff.  They were inseparable.  

19   And I always thought it was a little different -- 

20   if I saw Harvey, the first thing I would be is 

21   like "Where's Ellen?"  Even if I'm saying to 

22   myself mentally.  And that was just inherently 

23   beautiful to see and to watch.

24                The reverence that he demonstrated 

25   for his family is something that I would aspire 


                                                               5055

 1   to, and I even try and do that now.  The way he 

 2   spoke lovingly of his children, all of his 

 3   children, but clearly had a special place in his 

 4   heart for Ricky.  And in my career I've gotten 

 5   certain accolades and recognition.  The award 

 6   that I'm proudest to have received was one that 

 7   was given to me by Harvey at an event -- it was 

 8   an award he and Ellen created, and really in 

 9   recognition of their son.  So I have that very 

10   prominently displayed in my office, and it makes 

11   me think of you all the time.

12                Now, I knew Harvey, as I said, a 

13   little differently because we used to hang out in 

14   the legislative gym.  Harvey and I would come and 

15   we would work out, Phil Boyle would come and read 

16   the newspaper and have a muffin and a cup of 

17   coffee and never go on the machines.  

18                (Laughter.)

19                SENATOR FLANAGAN:   Harvey would 

20   come in in his leisurewear.  You know, that's the 

21   way he was.  And we had so many life talks there 

22   and things about the Legislature.  

23                You know, all of you talked about 

24   developmental disabilities and how incredibly 

25   important that was.  I want to add a dimension 


                                                               5056

 1   that you need to know.  He was a pain in the neck 

 2   about everything, not just that issue.  

 3                And you who serve in his conference, 

 4   I know what he would tell me when he came back.  

 5   Passion, dedication.  Just, you know, always 

 6   keeping things moving in the right 

 7   direction -- #bFair2DirectCare, whatever it was.  

 8   Long Beach, Long Beach, Long Beach.  But his 

 9   entire district, the well-being of Long Island, 

10   working clearly with Kenny LaValle and our 

11   colleagues on the Republican side of the aisle.

12                It's been an absolute pleasure to 

13   watch him.  He calls -- after he left, he 

14   continues to make calls on issues.  And that's a 

15   sign of a true leader and a true gentleman.  

16                And, you know, when I would spend 

17   time with Harvey in the gym, he would always 

18   leave five minutes earlier than I would, because 

19   I had to wash my hair and he didn't have that 

20   burden.  But we always spent a lot of time 

21   laughing together.  

22                And Senator Kaminsky, props and 

23   kudos to you for recognizing an extraordinary and 

24   exemplary individual.  

25                Harvey, you are a wonderful human 


                                                               5057

 1   being.  I love you.  I'm happy to say that I'm 

 2   your friend.  And I am so deeply grateful for 

 3   your service and making New York State without 

 4   question a better place because of your service.

 5                Mr. President, thank you.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Brooks on the resolution.

 8                SENATOR BROOKS:   Thank you, 

 9   Mr. President.

10                I had an opportunity to know Harvey, 

11   meet Harvey long before I ever thought of coming 

12   here.  He is a very, very special man who 

13   uniquely and proudly walked through the streets 

14   of Long Beach in a shirtless top each and every 

15   day.  

16                He's a wonderful man.  When I first 

17   got sworn in, he was one of the first visitors to 

18   the office.  He is a man we can all do well to 

19   follow.  

20                So I just agree with every one of 

21   the comments made today.  And Harvey, you're a 

22   special, special person.  

23                Thank you.

24                ACTING PRESIDENT BENJAMIN:   The 

25   question is on the resolution.  All in favor 


                                                               5058

 1   signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT BENJAMIN:    

 4   Opposed?  

 5                (No response.)

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   resolution is adopted.

 8                To Assemblymember Harvey Weisenberg, 

 9   I welcome you on behalf of the Senate.  We extend 

10   to you all of the privileges and courtesies of 

11   the house.  Please rise and be recognized.

12                (Extended standing ovation.)

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Gianaris.

15                SENATOR GIANARIS:   Thank you, 

16   Mr. President.

17                At this time we're going to call an 

18   immediate meeting of the Rules Committee in 

19   Room 332 and simultaneously continue with our 

20   business.  So if you would please call the 

21   committee meeting.

22                ACTING PRESIDENT BENJAMIN:   There 

23   will be an immediate meeting of the 

24   Rules Committee in Room 332.

25                Senator Gianaris.


                                                               5059

 1                SENATOR GIANARIS:   And can you now 

 2   take up previously adopted Resolution 1217, by 

 3   Senator Parker, read its title only, and 

 4   recognize Senator Parker.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Senate Resolution 

 8   1217, by Senator Parker, memorializing Governor 

 9   Andrew M. Cuomo to proclaim June 2019 as 

10   Caribbean American Heritage Month in the State of 

11   New York.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Parker on the resolution.

14                SENATOR PARKER:   Thank you very 

15   much, Mr. President.

16                As many of you know, I represent the 

17   21st District in Brooklyn, which is Flatbush and 

18   East Flatbush, Midwood, Ditmas Park, Windsor 

19   Terrace and Park Slope, the greatest 

20   concentration of Caribbean immigrants outside the 

21   Caribbean in the entire world.  

22                You're going to hear some debate 

23   about that on the floor because some people are 

24   trying to take claim to, you know, the natural 

25   resources of my district, but we'll deal with 


                                                               5060

 1   that as we go along.

 2                But it's been a great honor for the 

 3   past 16 years not just to represent this very 

 4   rich and diverse community, but to be embraced by 

 5   it and to enjoy it.

 6                June in the United States is 

 7   Caribbean Heritage Month -- not just here in 

 8   New York State, but all around the nation.  And 

 9   there's probably nowhere in the United States 

10   that has been more impacted by the richness and 

11   the value of Caribbean immigrants than the State 

12   of New York and, in particular, New York City.  

13   Although as we continue to grow, you will start 

14   seeing that impact throughout the State of 

15   New York.

16                So in Buffalo, the second largest 

17   city in the State of New York:  Byron Brown, 

18   Jamaican heritage.  Right?  You have places like 

19   Westchester, where Andrea Stewart-Cousins, our 

20   illustrious leader, lives and has Caribbean 

21   background.  Our speaker I want to say has a 

22   background from the Bahamas.  Right?  

23                And that is not really outside of 

24   the context of the historical development of 

25   people of African descent in the State 


                                                               5061

 1   Legislature.  Right?  The first African-American 

 2   in the State Legislature was Bertram Baker, 

 3   right, going back to the 1940s.  His family was 

 4   from Nevis.  Right?  Actually, he was -- yeah, 

 5   his family was from Nevis.  Right?  

 6                Nick Perry, my mentor, my friend, 

 7   from Jamaica.  

 8                And of course I don't want to forget 

 9   our presiding officer here today, Brian Benjamin, 

10   whose family hailed from the proud country of 

11   Jamaica as well.  Oh, and Guyana.  And Guyana.  

12   Sorry.  He has dual heritage.  

13                But even the chief of staff for the 

14   State Senate has that dual heritage of Jamaican 

15   and Guyanese.  So we see right here in the Senate 

16   how important that heritage is to be.

17                Here in the State of New York we 

18   actually boast the largest delegation of state 

19   legislators with Haitian ancestry, with Rodneyse 

20   Bichotte from the 42nd, we have Kim Jean-Pierre 

21   out in Suffolk, we have Michaelle Solages from 

22   Nassau County, Clyde -- what's Clyde's last name?

23                SENATOR MONTGOMERY:   Vanel.

24                SENATOR PARKER:   -- Vanel -- don't 

25   tell Clyde I don't remember his last name -- from 


                                                               5062

 1   Queens.  And Representative Frontus, from 

 2   Coney Island, from the People's Republic of 

 3   Brooklyn.  

 4                And, you know, but of course we 

 5   claim people like Shirley Chisholm, who had -- 

 6   you know, former Congresswoman who was unbought, 

 7   unbossed, from Brooklyn, who hailed from 

 8   Barbados.  The person who replaced her in her 

 9   legacy and who walks in her footsteps now, my 

10   Congresswoman, my friend, Yvette D. Clarke, also 

11   from Jamaica.  And her mom, who was the first 

12   person I worked for in the City Council, Una 

13   Clarke, who now is a member of the City 

14   University of New York Board.  

15                You know, I can go on and on, you 

16   know, with just the numbers of people of 

17   Caribbean ancestry that we have.

18                And so we celebrate that ancestry, 

19   because not only has it impacted the political 

20   milieu of our great state, but it has added to 

21   the cultural vibration of our entire state, 

22   particularly in places like Brooklyn, where we 

23   have the West Indian Day Carnival, the largest 

24   parade in North America, where we boast over a 

25   million people at this parade.  I mean, I know 


                                                               5063

 1   you all like the Thanksgiving Day Parade and 

 2   Macy's and all that, the Rose Bowl and all that 

 3   other stuff.  All of those parades pale in 

 4   comparison to the pageantry and the spectacle of 

 5   the West Indian Day Parade that runs right 

 6   through the heart of my district.  

 7                And so we honor those folks.  I know 

 8   we have Angela Sealy here from WIADCA, and other 

 9   members of the board there.  We want to thank 

10   them for being here.  

11                But we look at that cultural 

12   enterprise not just within the context of adding 

13   something that's a great event, but it's over a 

14   billion dollars worth of economic activity 

15   involved in the summer.  Those Mas camps and 

16   those Panyards are by far the largest unfunded 

17   youth development program in the entire State of 

18   New York, where we have hundreds of young kids 

19   learning how to play pan every single summer, and 

20   off the streets of our city.  And so we want to 

21   thank you for that important work.

22                Again, we can go on and on about the 

23   numbers of businesses that are owned.  We 

24   remember the legacy of Mr. Hawthorne and the 

25   folks at Golden Krust.  And Lowell was a good 


                                                               5064

 1   friend of mine, and we remember him and honor his 

 2   legacy.  And Lowell Hawthorne has, you know, 

 3   essentially become -- you know, his restaurants 

 4   have become the McDonald's of Caribbean food.  

 5   You find them in every corner of the City of 

 6   New York.  And so if you're looking for a good 

 7   beef patty or, you know, some jerked chicken with 

 8   rise and peas, there you go.  Right?  

 9                You know, we have Vincent HoSang and 

10   Royal Caribbean, we have Tower Isle in Brooklyn.  

11   We have -- we have -- I know we have the consul 

12   general from Trinidad.  We have our own Trini 

13   bakery right on Church Avenue.  You ought to come 

14   by and get some bake and shark one day.

15                You know, we have tons of 

16   enterprises, of businesses, of people who are 

17   providing entertainment.  There's organizations 

18   like Sesame Flyers that not only maintain the 

19   culture and the context of what we see in terms 

20   of carnival, but are one of the most important 

21   youth development organizations in all of 

22   Flatbush, and working with our young people every 

23   single day to make sure that that work is done.

24                And so today we remember the people 

25   who are here who emigrated here from places like 


                                                               5065

 1   Jamaica and Barbados, from Trinidad, from Guyana, 

 2   from St. Vincent and the Grenadines, from the 

 3   Dominican Republic, from Cuba, from Puerto Rico.  

 4   We remember the folks, you know, who are here 

 5   from Curacao and the folks from St. Kitts and 

 6   Turks and Caicos, from Aruba, Barbados -- I think 

 7   I said that.  Bermuda, the Bahamas.  Right?  And 

 8   we remember all of those places.  From Saint 

 9   Lucia -- I can't forget my friends from 

10   St. Lucia before I see my pastor, 

11   Gilford Monrose, and he reminds me that I left 

12   out his home.  

13                And even the folks from America and 

14   places like St. Vincent and the Virgin Islands -- 

15   St. Vincent -- sorry, St. Thomas, St. Croix and 

16   St. John in the U.S. Virgin Islands, which we 

17   honor that same Caribbean heritage.  

18                And we thank you, the members of the 

19   Council of Caribbean Consul Generals, for being 

20   here, the members of the West Indian Day Carnival 

21   Association, and other guests.  We appreciate you 

22   making the trip all the way here to Albany.  

23   We're thankful today that here in the Capitol we 

24   are celebrating Caribbean Heritage Day.  We're 

25   going to have a great celebration in the Well.  I 


                                                               5066

 1   look forward to joining you.  

 2                And thank you, Mr. President.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Persaud on the resolution.

 5                SENATOR PERSAUD:   Thank you, 

 6   Mr. President.

 7                I stand here as an immigrant in this 

 8   chamber.  I stand here as someone who was born in 

 9   the continent of South America but who claims 

10   Caribbean.  Guyana is a country in South America, 

11   and yet we are part of the Caribbean.  Why?  

12   CARICOM is located, their headquarters is located 

13   in Guyana.  We are aligned with the Caribbean 

14   because of culture.  

15                So don't be fooled that because we 

16   are on the other continent, we're not Caribbean.  

17   We may tell people oftentimes we're not 

18   West Indian, we're -- you know, we'll have those 

19   arguments amongst our own people.  But we are 

20   proud to be with our Caribbean neighbors.

21                Senator Parker talked about the rich 

22   history of Caribbean people in Brooklyn, and he 

23   loves to claim that he has the greatest of 

24   everything.  We all do.  We all do have the 

25   greatest of every Caribbean nation in our 


                                                               5067

 1   district.  In the 19th Senatorial District, I can 

 2   claim that also, because I'm one of them.  Right, 

 3   Senator Parker?  So I have the greatest Caribbean 

 4   community.

 5                CARICOM stands on four pillars.  And 

 6   the Caribbean community is a community that comes 

 7   together to ensure that they're as one, 

 8   represented as one, and that they're respected as 

 9   one.  That's what CARICOM is about.  

10                That's what the Caribbean is about.  

11   It's people coming together, not only when you 

12   see us having fun, not only when people say, Oh, 

13   yeah, they love their -- someone says, Oh, they 

14   love to smoke weed.  Now, that's not so.  The 

15   Caribbean people are more than what you see on 

16   television.  They're an intelligent group.  

17   They're a progressive group.  They come to this 

18   country because they want to excel. Many of them 

19   leave their homes and say, We are coming to the 

20   United States because we want to make a better 

21   life for ourselves and for our children and for 

22   our entire families.  

23                They come here, and they are hard 

24   workers.  Many of them will start from the bottom 

25   of the barrel, literally, cleaning homes to 


                                                               5068

 1   purchase their home.  We are a proud people.  We 

 2   are a proud people.  We always want to excel.  We 

 3   come, we always tell people our intentions -- oh, 

 4   you have to go to school, you have to buy a 

 5   house.  How many Caribbean people, when you talk 

 6   to them, the first thing they talk -- they're 

 7   here only a month, and they're like, Yeah, I'm 

 8   working hard because I have to buy a house.  

 9                Because where they're coming from, 

10   they're accustomed to living in homes.  They're 

11   accustomed to having the lush yards to run around 

12   in.  Their children are running around in lush 

13   yards.  That's what they -- and that's the life 

14   that they want to build here.  Oftentimes it's 

15   not what they'll achieve after many years of 

16   struggle.  But they are still a proud, 

17   hardworking people.  And they will continue to do 

18   so.  We will continue to excel no matter where 

19   you place us.  That's part of our DNA.  

20                That's why you see when we're 

21   celebrating, we put our all into it.  We put our 

22   all into everything that we do.  So when you see 

23   us jumping on the Parkway, having fun at 

24   Carnival, that's who we are.  We want you to see 

25   that we are a happy people.  We want you to see 


                                                               5069

 1   that no matter what you see on television, that 

 2   does not define us.  

 3                And the things that you see on 

 4   television, the negativity that you see on 

 5   television that talks about us, about our 

 6   culture, is not necessarily us.  There are 

 7   outside forces that bring that into us.  And any 

 8   Caribbean person you talk with will tell you, 

 9   "That's not us on the Parkway.  That's not us.  

10   We don't know who those people are."

11                This week we'll have legislation -- 

12   we're talking about teachers, allowing teachers 

13   who came from the Caribbean to be -- the 

14   legislation is to allow them to permanently be 

15   teachers without having to become American 

16   citizens.  Why?  They've been doing it for many, 

17   many years.  The United States, and particularly 

18   parts of New York City, have been going to the  

19   Caribbean countries for many, many, many years 

20   and recruiting teachers to come to teach here, 

21   especially in the subjects of science.  They're 

22   constantly going.

23                And we will tell you, there's a 

24   brain drain in the Caribbean in terms of 

25   teachers.  You talk with nurses, there's a brain 


                                                               5070

 1   drain from the Caribbean in terms of nurses 

 2   coming here to excel.  Those are the things that 

 3   we want people to talk about when they're talking 

 4   about the Caribbean people.  

 5                I made a comment to my consul 

 6   general -- Barbara Atherly, from Guyana, who's 

 7   here -- the other day, and I said we were 

 8   celebrating Guyana's 53rd year of independence.  

 9   And I said you know what, in the State 

10   Legislature we currently have three people who 

11   can claim Guyanese connection.  

12                So we have a caucus now.  So the 

13   Guyanese caucus is myself, because I was born 

14   there; Senator Benjamin, whose mom was born in 

15   Guyana; and Assemblymember Alicia Hyndman, whose 

16   dad was born in Guyana.  So whenever you hear us 

17   talking about it, we'll say, Oh, the Guyanese 

18   caucus.  So please, everyone, please respect the 

19   Guyanese caucus.  We are here, and we intend to 

20   build on that.

21                So that being said, I thank everyone 

22   who's here today to celebrate with us as we 

23   celebrate the Caribbean, we celebrate all that's 

24   good in the Caribbean.  Many of you go to the 

25   Caribbean for your vacations, and you always have 


                                                               5071

 1   a great time.  You know, you come back and you 

 2   want everyone to see your pictures, you want 

 3   everyone to see you in your Bermuda shorts or 

 4   whatever you were wearing while you were there.  

 5   You had a good time.  

 6                That's what the Caribbean is about.  

 7   It's welcoming people, encouraging them to become 

 8   one of us.  That's what we are.  That's who we 

 9   are.  So when you go on your next vacation after 

10   we finish session next week, whether you're going 

11   to Jamaica, whether you're going to Antigua, 

12   whether you're going to Trinidad and Tobago or 

13   whether you're heading to Guyana -- and by the 

14   way, anyone who has not gone to Guyana, you 

15   should visit Guyana.  We have the largest, the 

16   highest single-drop waterfall in the world, 

17   Kaieteur Falls.  So you can check that out.  

18                Go, visit our countries.  Visit our 

19   countries.  Enjoy.  See what we came from, so 

20   that -- sometimes people have a misconception 

21   that people from the Caribbean came from nothing.  

22   When you visit our countries, see what we came 

23   from.  Just take a walk around and see the rich 

24   history that belongs to us.

25                 So I am pleased to acknowledge here 


                                                               5072

 1   with us, as part of the Caribbean Council of 

 2   Consul Generals, we have Dr. Ceballos, who's the 

 3   ambassador from the Dominican Republic.  We have 

 4   Barbara Atherly, who is the consul general from 

 5   Guyana.  We have the vice consul general, 

 6   Ms. Ambrose-Black, from St. Vincent and the 

 7   Grenadines.  Consul General Howie Prince, again 

 8   from St. Vincent and the Grenadines.  Consul 

 9   General Dalwie, again, St. Vincent and the 

10   Grenadines.  

11                Then we have Lisa Bryan Smart, 

12   Consul General from Jamaica.  We know we have 

13   some Jamaicans in here.  Senator Comrie claims 

14   Jamaican heritage.

15                Consul General from Trinidad and 

16   Tobago Jerome Andre Laveau.

17                We have the members from the 

18   West Indian American Day Carnival Association, 

19   who put on the greatest carnival you could ever 

20   think of.  And anyone who wants to come to 

21   Brooklyn on Labor Day, we welcome you.  Because 

22   the West Indian American Day Carnival Association 

23   will show you what the Caribbean culture is like.  

24   And anybody who wants to party on the Parkway, on 

25   Eastern Parkway, we welcome you to do so.  You 


                                                               5073

 1   don't have to be scantily clad, just remember 

 2   that, to have fun.  

 3                (Laughter.)

 4                SENATOR PERSAUD:   But you'll have 

 5   fun nevertheless.  So we have those officers 

 6   there.  

 7                And for you who are going to come 

 8   this evening while we're celebrating to enjoy the 

 9   music and the food, we have two of our fabulous 

10   DJs.  You know, we have DJ RedMan and DJ Notta.  

11   They're going to be there playing some music or, 

12   as Caribbean people will tell you, they're going 

13   to be jamming and whining.  Just letting you 

14   know.  And for all of you who have been to the 

15   Caribbean, you understand what that means.  

16                So to all of our guests, I welcome 

17   them.  And to all of my colleagues, I encourage 

18   you to participate in the rich culture that's the 

19   Caribbean culture.  It's one people.

20                Thank you, Mr. President.

21                (Applause from the gallery.)

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Bailey on the resolution.

24                SENATOR BAILEY:   Well, gee, thanks, 

25   Roxanne, make the non-Caribbean guy come up after 


                                                               5074

 1   all of that.  

 2                (Laughter.)

 3                SENATOR BAILEY:   I am a proud 

 4   member of the NCC, the Non-Caribbean Caucus.  

 5                (Laughter.)

 6                SENATOR BAILEY:   Or some people 

 7   call us the RBC, Regular Black Caucus.

 8                (Laughter.)

 9                SENATOR BAILEY:   But it is -- this 

10   is one of the good fights that we have in the 

11   caucus -- in the chamber, arguing about how many 

12   amazing people of Caribbean descent that we have 

13   in our districts.  And for the record, I have the 

14   most Jamaicans in my district, just to let you 

15   all know.  Sorry, Roxie.  Sorry, KP.  We might 

16   have the same color jacket on, but we differ in 

17   that today.  

18                I've grown up in a predominantly 

19   Caribbean neighborhood my entire life, and I've 

20   always been considered to be Caribbean-adjacent.  

21   Right?  My last name is Bailey, which is a 

22   relatively common Caribbean name.  So my brothers 

23   and sisters from Antigua and from Barbuda and 

24   from Jamaica, they'll ask me, "Brother Bailey, 

25   are you -- what parish are you from?"  And, you 


                                                               5075

 1   know, growing up in a Caribbean neighborhood, you 

 2   know about the parish system.  And I'm tempted to 

 3   tell them where like my chief of staff Jason is 

 4   from; I want to say Westmoreland in Jamaica.  But 

 5   I'm from -- my family is from Johnson County, 

 6   North Carolina.  

 7                And I claim no Caribbean heritage, 

 8   but I love my Caribbean family.  And my Caribbean 

 9   family -- and I say that with so much love and 

10   deference because I've been embraced by the 

11   Caribbean community.  My church, Baltimore United 

12   Methodist Church, has generally always been 

13   pastored by somebody of Caribbean descent.  The 

14   congregation of the church is mostly Caribbean.  

15   Again, they've embraced me and they've taught me 

16   so many things about not just the food that we 

17   talk about -- the jerked chicken and rice and 

18   peas and the oxtail gravy on the side.  Oxtail 

19   gravy is the greatest thing, because sometimes 

20   you get a surprise piece of oxtail in your jerked 

21   chicken.  

22                But it's so important to talk about 

23   how vibrant Caribbean folks are, how, as you 

24   said, Senator Persaud -- and that's the most I've 

25   ever heard you talking in my whole life -- about 


                                                               5076

 1   how Caribbean folks, they come from the island of 

 2   origin and they are determined they will not be 

 3   stopped in making a path forward for them and 

 4   their families.  They will not be stopped.  We 

 5   can all learn a thing or two about our brothers 

 6   and sisters from the Caribbean, whether they be 

 7   from Jamaica, Trinidad and Tobago, Antigua, 

 8   Puerto Rico, the Dominican Republic.  I'm not 

 9   going to name every country, because you're going 

10   to get yourself in trouble like that, so I'm 

11   going to stop there.  

12                And it's important that, yes, we 

13   talk about each district has this.  But we have 

14   63 great Senate districts and 63 districts full 

15   of great Caribbean folks.  I hope.  

16                (Laughter.)

17                SENATOR BAILEY:   But at the end of 

18   the day I want us to look at this celebration of 

19   Caribbean heritage as an exercise in 

20   togetherness.  Whether you like callaloo or 

21   collard greens, we're all brothers and sisters.  

22   Whether you like baccalá or you call it salt 

23   fish, we eating the same thing, my brothers and 

24   sisters.  

25                Culture should be utilized as a tool 


                                                               5077

 1   to unify us as opposed to divide us, because we 

 2   always will have far more in common than we will 

 3   apart.

 4                So I salute all of the great folks 

 5   that have come up to our state's Capitol to be 

 6   celebrated by all of us, from Caribbean descent 

 7   or not.  And I love my 36th Senatorial District, 

 8   but most importantly, I love my brothers and 

 9   sisters from the Caribbean.  

10                Thank you, Mr. President.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Myrie on the resolution.

13                SENATOR MYRIE:   Thank you, 

14   Mr. President.

15                My colleague Senator Persaud said 

16   you do not have to be scantily dressed for the 

17   Labor Day Parade.  I make no promises on my 

18   attire or my behavior for this Labor Day Parade 

19   upcoming this year.

20                (Laughter.)

21                SENATOR MYRIE:   I represent Central 

22   Brooklyn, like many of my colleagues here, what I 

23   believe to be the capital of the Caribbean.  And 

24   it is with great pride that we represent Central 

25   Brooklyn, because of our Caribbean heritage and 


                                                               5078

 1   our Caribbean prevalence.

 2                I wanted to speak very briefly to 

 3   the power of the immigrant story of our Caribbean 

 4   people.  I think oftentimes when we discuss 

 5   immigration and the immigrant story, we leave out 

 6   our Caribbean brothers and sisters.  And my mom 

 7   and my dad came from the Caribbean to Brooklyn, 

 8   worked in a factory to put food on the table.  

 9   And the only reason that I am standing in this 

10   chamber today is because of that Caribbean 

11   immigration story.

12                So yes, we enjoy stewed peas soup 

13   and oxtail and Triple 9 Radio, but we also speak 

14   to the power of coming to this country and 

15   working hard and becoming great.  I want to 

16   uphold our Caribbean brothers and sisters today 

17   and throughout this month as we celebrate the 

18   amazing heritage of our Caribbean people.  

19                It is with great honor and it is 

20   with great pride that I represent Central 

21   Brooklyn, and I look forward to seeing all of you 

22   at the Labor Day Parade this September.

23                Thank you, Mr. President.

24                ACTING PRESIDENT BENJAMIN:   As a 

25   proud member, as a very proud member of the 


                                                               5079

 1   Guyanese Caucus and of Jamaican descent, I 

 2   welcome you on behalf of the Senate.  We extend 

 3   to you all of the privileges and courtesies of 

 4   this house.  Please all rise and be recognized.

 5                (Standing ovation.)

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   resolution was previously adopted on April 30th.

 8                Senator Gianaris.

 9                SENATOR GIANARIS:   Mr. President, 

10   it's time for Resolution 1876, by Senator 

11   Montgomery.  Please read its title only and 

12   recognize Senator Montgomery.

13                ACTING PRESIDENT BENJAMIN:   The 

14   Secretary will read.

15                THE SECRETARY:   Senate Resolution 

16   1876, by Senator Montgomery, congratulating 

17   Michelle George upon the occasion of her 

18   retirement after 30 years of distinguished 

19   service to Community Board No. 8, Brooklyn, 

20   New York.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Montgomery on the resolution.

23                SENATOR MONTGOMERY:   Yes, thank 

24   you, Mr. President.

25                I rise to recognize actually two 


                                                               5080

 1   women from the 25th Senate District, women that I 

 2   refer to as Women of Distinction today.  And 

 3   these are women who as you know, for those of us 

 4   who spend so much of our time here trying do the 

 5   people's business for the state, they're people 

 6   in our districts who serve all of us as leaders 

 7   of -- what the New York City Constitution refers 

 8   to as the community board leaders.  And those are 

 9   people that we rely on to make sure that our 

10   communities are protected and that the business 

11   of the people in our communities continues.

12                So today I am honoring two women, 

13   both of whom have been serving on one of the 

14   community boards in my district, Community Board 

15   8, which covers a part of my district that is 

16   Crown Heights and Prospect Heights.

17                The president of that community 

18   board, who is now retiring from that position, is 

19   Nizjoni Granville.  And Ms. Granville has been 

20   for the last 20 years a member of her community 

21   board.  And in the last 10 years, she has served 

22   as chair of that board.  

23                And those of us who are familiar 

24   with that part of Brooklyn, it is one of the most 

25   dramatically gentrifying areas in the City of 


                                                               5081

 1   New York.  And in that process, there are so many 

 2   complex issues that community board members and 

 3   the community have to make, so many conversations 

 4   that they are engaged in on a weekly basis and a 

 5   monthly basis that involve very, very difficult 

 6   decision-making as it relates to the board.

 7                So this particular Board 8 and this 

 8   particular chair, Ms. Granville, has been, as 

 9   chair of that board, very, very significant.  She 

10   is a quiet and steadfast but no nonsense leader.  

11   She is very, very fair, however, so that 

12   everyone's voice is heard.  And in the debates, 

13   many of which become very contentious, she in her 

14   quiet way is able to navigate these kinds of 

15   issues and conversations so that those people in 

16   the community are able to eventually come 

17   together and agree on issues that many times may 

18   seem impossible, bridges that may seem impossible 

19   to cross.

20                So this is the kind of leader that 

21   Ms. Granville has been for the last 10 years.  I 

22   personally am very -- I hate to see her leave as 

23   chair, but I know that she will continue to be 

24   active.

25                And by the way, she is not only 


                                                               5082

 1   accomplished as a great leader in her community, 

 2   but personally she, in addition to working for 

 3   her community, has been able to work and receive 

 4   two master's degrees, one in transportation 

 5   management and a master's degree in public 

 6   administration.

 7                So we thank her.

 8                And along with her and by her side 

 9   and carrying out the business while Ms. Granville 

10   is -- her position is an unpaid position -- is 

11   Michelle George, who is the person who has served 

12   as district manager along with Ms. Granville, has 

13   been the one to interpret very complex issues 

14   related to zoning, related to land use, all of 

15   those things, especially related to economic 

16   development issues, education issues.  She's been 

17   doing the work on a day-to-day basis for the last 

18   10 years at least, along with Ms. Granville, and 

19   after having served for 30 years as a member of 

20   Community Board 8.

21                So to these two women, I say to 

22   Michelle George, who is the district manager of 

23   Board 8 in Brooklyn, and to Ms. Granville, who 

24   has served as chair of Board 8 in Brooklyn, as 

25   they retire from their positions, I want to say, 


                                                               5083

 1   as it says in our resolution, that for the 

 2   services of these women -- it is rare indeed for 

 3   us to have an occurrence to honor such women, who 

 4   are compassionate, blending their strength, their 

 5   leadership, their intellect and their commitment 

 6   that they have demonstrated.  

 7                We are grateful, thankful, and these 

 8   truly are pillars of our community.  And as I say 

 9   today, I honor them both as Women of Distinction.

10                Thank you, Mr. President, for giving 

11   me an opportunity.

12                ACTING PRESIDENT BENJAMIN:   The 

13   question is on the resolution.  All in favor 

14   signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT BENJAMIN:   Oh, 

17   wait, Senator Myrie on the resolution.

18                SENATOR MYRIE:   Thank you, 

19   Mr. President.

20                I just want to quickly join my 

21   colleague Senator Montgomery in honoring those 

22   two public servants.  

23                Elected officials oftentimes get the 

24   accolades, but we know that it's the folks on the 

25   ground, particularly our folks on the community 


                                                               5084

 1   boards, that are really driving the change and 

 2   are really directing the community.  

 3                So I want to give a very special 

 4   recognition to Ms. Granville and Ms. George for 

 5   their years of service to Community Board 8.  I 

 6   have the privilege of representing Community 

 7   Board 8.  

 8                And I look forward to their next 

 9   steps.  They have done so much for the Crown 

10   Heights community, and we are glad to honor them 

11   today in our chamber.

12                Thank you, Mr. President.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Gounardes on the resolution.

15                SENATOR GOUNARDES:   Thank you, 

16   Mr. President.  I want to thank Senator 

17   Montgomery for bringing this resolution.

18                In my prior capacity before joining 

19   this chamber, I was the counsel to the Brooklyn 

20   borough president, so I had the opportunity and 

21   the occasion to work with all of Brooklyn's 

22   community boards, all 18 boards.  And 

23   Ms. Granville and Michelle George really are two 

24   exemplary public servants, not only in their own 

25   community in Crown Heights and in the boundaries 


                                                               5085

 1   of CB 8, but across all of Brooklyn.  

 2                And I always found them to be 

 3   steadfast, diligent, thoughtful and caring about 

 4   the work that they put into their jobs every 

 5   single day.  And I distinctly just have 

 6   memories -- Ms. Granville in particular would 

 7   never miss a borough board meeting, she'd be 

 8   there every single time that I called or had a 

 9   question, or she'd leave me a voicemail when she 

10   had an issue that she was dealing with at the 

11   board.  

12                And she was such a terrific person 

13   to work with, and I wish her the very best as she 

14   retires from her community board service, as well 

15   as Michelle George, who helped steer Community 

16   Board 8 for many, many years.  

17                And I thank Senator Montgomery again 

18   for bringing this resolution, and I commend both 

19   of these Women of Distinction.

20                ACTING PRESIDENT BENJAMIN:   The 

21   question is on the resolution.  All in favor 

22   signify by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT BENJAMIN:    

25   Opposed?  


                                                               5086

 1                (No response.)

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   resolution is adopted.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Can we now move 

 6   to Senate Resolution 1875, also by Senator 

 7   Montgomery, read its title only, and recognize 

 8   Senator Montgomery.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   Secretary will read.

11                THE SECRETARY:   Senate Resolution 

12   1875, by Senator Montgomery, congratulating 

13   Nizjoni Granville upon the occasion of her 

14   retirement after 10 years of distinguished 

15   service as Chairperson of Community Board No. 8, 

16   Brooklyn, New York.

17                ACTING PRESIDENT BENJAMIN:   The 

18   question is on the resolution.  All in favor 

19   signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT BENJAMIN:    

22   Opposed?

23                (No response.)

24                ACTING PRESIDENT BENJAMIN:   The 

25   resolution is adopted.


                                                               5087

 1                Senator Gianaris.

 2                SENATOR GIANARIS:   Okay, can we 

 3   please open for cosponsorship all the resolutions 

 4   that were taken up today.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   resolutions are open for cosponsorship.  Should 

 7   you choose not to be a cosponsor of the 

 8   resolutions, please notify the desk.

 9                Senator Gianaris.

10                SENATOR GIANARIS:   Can we now 

11   return to reports of standing committees.  I 

12   believe there's a report of the Rules Committee 

13   at the desk.

14                ACTING PRESIDENT BENJAMIN:   There 

15   is a report of the Rules Committee at the desk.  

16                The Secretary will read.

17                THE SECRETARY:   Senator 

18   Stewart-Cousins, from the Committee on Rules, 

19   reports the following bills:  

20                Senate Print 183A, by 

21   Senator Serrano, an act to amend the Parks, 

22   Recreation and Historic Preservation Law;

23                Senate Print 849, by 

24   Senator Benjamin, an act to amend the 

25   Criminal Procedure Law; 


                                                               5088

 1                Senate Print 1405, by 

 2   Senator Carlucci, an act to amend the 

 3   General Business Law;

 4                Senate Print 1640, by Senator 

 5   Brooks, an act to amend the Navigation Law; 

 6                Senate Print 1678, by Senator 

 7   Skoufis, an act to amend the Insurance Law; 

 8                Senate Print 1687, by 

 9   Senator Brooks, an act to establish the Real 

10   Property Tax Relief for Public Education 

11   Task Force; 

12                Senate Print 1866B, by 

13   Senator Breslin, an act to amend the Retirement 

14   and Social Security Law;

15                Senate Print 1925B, by 

16   Senator Krueger, an act to amend the Vehicle and 

17   Traffic Law; 

18                Senate Print 2201, by 

19   Senator Bailey, an act to amend the Election Law; 

20                Senate Print 2394, by 

21   Senator Breslin, an act to amend the State 

22   Finance Law and the General Municipal Law;

23                Senate Print 2779A, by 

24   Senator Comrie, an act to amend the 

25   Public Authorities Law;


                                                               5089

 1                Senate Print 3112, by 

 2   Senator Akshar, an act to amend Chapter 125 of 

 3   the Laws of 2017; 

 4                Senate Print 3233, by 

 5   Senator Savino, an act to amend the Penal Law and 

 6   the Vehicle and Traffic Law; 

 7                Senate Print 3378, by 

 8   Senator Gounardes, an act to amend the 

 9   Civil Service Law and the Administrative Code of 

10   the City of New York; 

11                Senate Print 3428, by 

12   Senator Salazar, an act to establish a commission 

13   to be known as the New York State Temporary 

14   Commission on the Threat of Rising Oceans; 

15                Senate Print 3447, by 

16   Senator Stavisky, an act to amend the 

17   Election Law and the Education Law; 

18                Senate Print 3466, by 

19   Senator Griffo, an act to amend the Highway Law;

20                Senate Print 3478, by 

21   Senator Carlucci, an act to amend the 

22   Real Property Tax Law;

23                Senate Print 3645A, by 

24   Senator Kennedy, an act to amend the Tax Law;

25                Senate Print 3654, by 


                                                               5090

 1   Senator Salazar, an act to amend the 

 2   General Business Law;

 3                Senate Print 3813, by 

 4   Senator Kaplan, an act to amend the Retirement 

 5   and Social Security Law; 

 6                Senate Print 3874A, by 

 7   Senator Mayer, an act to amend the Vehicle and 

 8   Traffic Law;

 9                Senate Print 3875, by Senator Mayer, 

10   an act to amend the Education Law; 

11                Senate Print 3929, by 

12   Senator Seward, an act to amend the Vehicle and 

13   Traffic Law; 

14                Senate Print 3959C, by 

15   Senator Brooks, an act to amend the Agriculture 

16   and Markets Law; 

17                Senate Print 3965, by 

18   Senator Kennedy, an act to amend the Vehicle and 

19   Traffic Law;

20                Senate Print 4119, by Senator Liu, 

21   an act to amend the Public Health Law; 

22                Senate Print 4171A, by 

23   Senator Martinez, an act to amend the Penal Law;

24                Senate Print 4229A, by 

25   Senator Breslin, an act to amend the 


                                                               5091

 1   Social Services Law;

 2                Senate Print 4256, by 

 3   Senator Carlucci, an act to amend the 

 4   Family Court Act; 

 5                Senate Print 4270A, by 

 6   Senator Skoufis, an act to amend the 

 7   Correction Law;

 8                Senate Print 4325, by 

 9   Senator Sepúlveda, an act to amend the 

10   Environmental Conservation Law;

11                Senate Print 4337, by Senator 

12   Serrano, an act to amend the General City Law; 

13                Senate Print 4448, by 

14   Senator Persaud, an act to amend Chapter 658 of 

15   the Laws of 2002;

16                Senate Print 4499, by 

17   Senator Harckham, an act to amend the 

18   Mental Hygiene Law; 

19                Senate Print 4522, by 

20   Senator Gounardes, an act to amend the 

21   Vehicle and Traffic Law; 

22                Senate Print 4536, by 

23   Senator Parker, an act to amend the 

24   Domestic Relations Law and the Family Court Act; 

25                Senate Print 4585, by 


                                                               5092

 1   Senator Sanders, an act to amend the 

 2   Real Property Tax Law; 

 3                Senate Print 4839, by 

 4   Senator Seward, an act to amend the Town Law; 

 5                Senate Print 4913, by 

 6   Senator Gounardes, an act to provide for the 

 7   payment of the annual contributions owed and to 

 8   be owed on behalf of the New York City Off-Track 

 9   Betting Corporation; 

10                Senate Print 4931, by 

11   Senator Sanders, an act to amend the Banking Law; 

12                Senate Print 4944A, by 

13   Senator Boyle, an act to amend the Town Law; 

14                Senate Print 4972, by Senator 

15   Rivera, an act to amend the Public Health Law; 

16                Senate Print 4990A, by Senator 

17   Biaggi, an act to amend the Social Services Law; 

18                Print 5121A, by Senator Carlucci, an 

19   act to amend the Mental Hygiene Law; 

20                Senate Print 5214A, by 

21   Senator Brooks, an act to direct the Division of 

22   Veterans Services and the Division of the Budget 

23   to conduct a study on veterans services provided 

24   to residents of the state;

25                Senate Print 5480, by Senator 


                                                               5093

 1   Rivera, an act to amend the Public Health Law; 

 2                Senate Print 5500, by 

 3   Senator Carlucci, an act to amend Chapter 329 of 

 4   the Laws of 2009; 

 5                Senate Print 6361, by Senator 

 6   Carlucci, an act to amend the Public Health Law; 

 7                Senate Print 6397, by 

 8   Senator Carlucci, an act to amend the Public 

 9   Health Law and the Insurance Law.  

10                All bills ordered direct to third 

11   reading.

12                SENATOR GIANARIS:   Move to accept 

13   the report of the Rules Committee.

14                ACTING PRESIDENT BENJAMIN:   All in 

15   favor of accepting the report of the 

16   Rules Committee signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT BENJAMIN:    

19   Opposed, nay.

20                (No response.)

21                ACTING PRESIDENT BENJAMIN:   The 

22   Rules Committee report is accepted.

23                SENATOR GIANARIS:   Can we now take 

24   up the reading of the calendar.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               5094

 1   Secretary will read.

 2                THE SECRETARY:  Calendar Number 120, 

 3   Assembly Print Number 3245A, substituted earlier 

 4   by Assemblymember Dinowitz, an act to amend the 

 5   Public Service Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

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

10   shall have become a law.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   193, Senate Print 3062, by Senator Ortt, an act 

21   to amend the Labor Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               5095

 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, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   247, Assembly Print Number 7080A, substituted 

11   earlier by Assemblymember Jacobson, an act to 

12   amend the Insurance Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5096

 1   508, Senate Print 4272, by Senator Carlucci, an 

 2   act to amend the Mental Hygiene Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   538, Senate Print 4277A, by Senator Harckham, an 

17   act to amend the Public Health Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

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

22   shall have become a law.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               5097

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Gallivan to explain his vote.

 3                SENATOR GALLIVAN:   Thank you, 

 4   Mr. President.

 5                We have seen over the last number of 

 6   years the problems opioids have inflicted upon 

 7   our society.  And to our credit, this body 

 8   has worked very hard to do many different things 

 9   about it.  And we're making gains on it.  And 

10   obviously we have more work to do.  

11                And I commend the sponsor for 

12   tackling this issue and joining with so many 

13   other members of this house that continue to try 

14   to do what we can.  

15                But in this particular case I'll be 

16   voting against this legislation for really a 

17   simple reason, in that I believe the bill is 

18   largely duplicative and it places an undue burden 

19   on physicians, who already face limited patient 

20   interaction time due to other administrative 

21   constraints.

22                Currently a patient is supposed to 

23   get -- on three different occasions gets this 

24   type of information about what medicine is going 

25   to be prescribed, what it does, and what the 


                                                               5098

 1   dangers are.  Physicians currently practice 

 2   informed consent, which means if a patient needs 

 3   treatment, the physician gives the patient the 

 4   information to make an informed decision.

 5                Several years ago we passed the 

 6   I-STOP legislation, and that required, after the 

 7   physician prescribed the medication, that 

 8   pharmacists are required to again inform the 

 9   patient about the risks of taking a controlled 

10   substance.  

11                And then lastly, in Chapter 1 of the 

12   Laws of 2016, we again passed legislation that 

13   was signed into law that required information to 

14   be provided to pharmacies throughout the state by 

15   the Department of Health that is then required to 

16   be distributed to the patient with each 

17   prescription for a controlled substance.  And the 

18   information given includes, among other things, 

19   the risk of the controlled substance, the 

20   physical, behavioral and advanced warning signs 

21   of addiction, the help line contact information 

22   number, procedures for safe disposal, and other 

23   information that the commissioner of the 

24   Department of Health deems necessary.

25                We have to continue, I believe, as a 


                                                               5099

 1   body to address the issues that the abuse of 

 2   opioids has put upon all of our society.  And 

 3   it's good that we continue to pay attention.  But 

 4   I don't believe that this bill is necessary, and 

 5   that it's duplicative, and I'll be voting in the 

 6   negative.  

 7                Thank you.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Gallivan to be recorded in the negative.

10                Senator Harckham to explain his 

11   vote.

12                SENATOR HARCKHAM:   Thank you, 

13   Mr. Chairman.

14                As we've approached this crisis -- 

15   and it is a crisis -- we've asked every sector to 

16   do more, to step up and do more.  We've asked the 

17   insurance companies to double the amount of 

18   treatment they will cover and reduce the number 

19   of copays.  We're asking treatment providers to 

20   do more with Stephen's Law.  We're asking the 

21   state to do more.  Later today we'll be passing 

22   legislation requiring the Department of 

23   Corrections to do more.  We've asked Medicaid to 

24   do more.  So it is only fit that we ask doctors 

25   to do more.


                                                               5100

 1                You know, many communities 

 2   unfortunately have had a heroin epidemic for 

 3   years and years and years.  But what contributed 

 4   to exploding this epidemic was the mismarketing 

 5   and in some cases misprescribing of opioid 

 6   painkillers.  This law sets a baseline for 

 7   physicians.  

 8                You know, we heard about what 

 9   information people receive when they get the 

10   prescription.  This happens, and this information 

11   and this conversation needs to happen beforehand.  

12   This is not new.  This is based on a law in 

13   New Jersey.  The sky is not falling in 

14   New Jersey.  In fact, this is a good conversation 

15   that we need to foster between doctor and patient 

16   or doctor and the patient's parents, depending on 

17   the age.  

18                And we think that this is a 

19   reasonable baseline so that before people get a 

20   prescription, they have a choice, because they 

21   know the risks and they know the alternatives.

22                I vote in the affirmative, 

23   Mr. Chairman.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Harckham to be recorded in the affirmative.


                                                               5101

 1                Senator Carlucci to explain his 

 2   vote.

 3                SENATOR CARLUCCI:   Thank you, 

 4   Mr. President.

 5                I want to thank Senator Harckham for 

 6   putting this bill forward.  And I think we have 

 7   to remember that unfortunately, even though we 

 8   have moved legislation -- and we're going to 

 9   continue to move legislation today -- we have to 

10   do everything we can.  And like the Senator said, 

11   it takes everyone, all hands on deck.

12                We have to remember that 

13   unfortunately every day in the United States 

14   130 people die from an opioid overdose.  Each day 

15   we have over a thousand emergency room visits, 

16   opioid-related.

17                So this legislation is essential.  

18   We have to make sure that our doctors are having 

19   these conversations with their patients before 

20   they prescribe this medicine that could kill 

21   them.  

22                So this is an important step.  I 

23   think it's a simple step.  It should have been 

24   done years ago.  I'm thankful that we're doing it 

25   here today.  So I will be supporting this measure 


                                                               5102

 1   and want to thank the sponsor and all my 

 2   colleagues for supporting it.  

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Carlucci to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 538, those Senators voting in the 

 9   negative are Senators Antonacci, Flanagan, Funke, 

10   Gallivan, Griffo, Helming, Jacobs, Jordan, 

11   Little, Ritchie, Serino and Seward.

12                Ayes, 50.  Nays, 12.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   543, Senate Print 3186A, by Senator Kennedy, an 

17   act in relation to establishing "Brendan's Law."

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect 24 months after it shall 

22   have become a law.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               5103

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 543, those Senators voting in the 

 5   negative are Senators Akshar, Antonacci, 

 6   Gallivan, Jordan and Ortt.

 7                Ayes, 57.  Nays, 5.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   600, Senate Print 2161, by Senator Bailey, an act 

12   to amend the Correction Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 4.  This 

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

17   shall have become a law.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Bailey to explain his vote.

23                SENATOR BAILEY:   Thank you, 

24   Mr. President.

25                I thank my colleagues that are 


                                                               5104

 1   supporting this legislation.  

 2                We are in the midst of an opioid 

 3   crisis, Mr. President.  I think that's no 

 4   surprise to anybody in this chamber, those 

 5   watching us on TV, or anybody that has seen the 

 6   scourge of deaths that have happened in our 

 7   country, in our city and our state due to drugs 

 8   over the most recent years.  

 9                It's important to frame this in the 

10   context, though, Mr. President, that the opioid 

11   crisis is nothing new.  It's been happening in 

12   many communities for years and years.

13                I'm glad that we are finally, 

14   finally coming to a point where we have task 

15   forces and we have legislation designed to treat 

16   addiction as the health crisis that it is and 

17   always has been, instead of calling people 

18   junkies, as they colloquially used to be referred 

19   to in communities like mine, Mr. President.

20                This bill -- when people are 

21   incarcerated that have an addiction, we should be 

22   doing everything that we possibly can to wean 

23   them off, to allow them to become productive 

24   members of society.  And I think 

25   medication-assisted treatment, I think it's only 


                                                               5105

 1   a logical step in our state.  

 2                Obviously we don't want individuals 

 3   to become incarcerated.  Just like you said 

 4   yesterday, Mr. President, speaking about the 

 5   prison industrial complex, we obviously don't 

 6   want mass incarceration.  We don't want people in 

 7   the prisons.  But if they are incarcerated, we 

 8   should give them an opportunity to get themselves 

 9   right, put them back on the track to recovery.

10                And I've spoken to my colleagues on 

11   both sides of the aisle who have indicated that 

12   they have some concern about the fiscal concerns 

13   of this bill, that there are some costs.  And 

14   depending on what metric or what number you look 

15   at -- I believe that some of the statistics that 

16   have been given in opposition are slightly 

17   overblown.  But even if they aren't, even if 

18   those statistics are accurate, what is the cost 

19   not to do this?  The human cost.  The human 

20   capital.  

21                People are suffering every day.  And 

22   I believe that if we can spend some money -- 

23   again, I don't want to be fiscally 

24   irresponsible -- and if we can spend some money 

25   towards doing what's right -- and this is our 


                                                               5106

 1   job, to do what's right, Mr. President -- I think 

 2   that it's a noble task and a noble cause.  

 3                I thank my colleagues for their 

 4   support, and I proudly vote aye on this 

 5   legislation.

 6                ACTING PRESIDENT BENJAMIN:  Senator 

 7   Bailey to be recorded in the affirmative.  

 8                Senator Akshar to explain his vote.

 9                SENATOR AKSHAR:   That's 

10   interesting, I agree with everything that 

11   Senator Bailey just said on this particular bill 

12   and agree with him wholeheartedly about the 

13   premise of the bill.  I think it's incredibly 

14   well-intended.  I think it's something that we 

15   should do.  

16                But you and I have had this 

17   conversation personally, we've talked about this 

18   with other folks.  You just made a really good 

19   point, and you said "We should spend money to do 

20   what's right."  We should.  I'm sadly voting no 

21   for this bill today because of the fiscal 

22   implications of the bill.  Whether it's the low 

23   end of $12 million, whether it's a high end of 

24   $74 million, as some have suggested -- whatever 

25   the number is, we should land on it, and then we 


                                                               5107

 1   in this house should fund it.  

 2                We've done a very good job in 

 3   starting to do that:  Last year, $3.8 million, 

 4   this year, $4.8 million.  We're well on our way.  

 5   But whatever that number is, if it's 12, if it's 

 6   74, if we truly believe that this is the right 

 7   thing to do, then we in this house -- and get our 

 8   partners in the other house -- should fund it.  

 9   We shouldn't pass this cost on to our counties 

10   and other people.  

11                So sadly, today, Mr. President, I'll 

12   be voting no for -- the only purpose and the only 

13   reason I am voting no is because of the fiscal -- 

14   the unfunded mandate that we're pushing down on 

15   the counties.

16                Thank you, Mr. President.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Akshar to be recorded in the negative.

19                Senator Ranzenhofer to explain his 

20   vote.

21                SENATOR RANZENHOFER:   I wasn't 

22   standing.

23                ACTING PRESIDENT BENJAMIN:   Okay.  

24   Senator Carlucci to explain his vote.

25                SENATOR CARLUCCI:   Thank you, 


                                                               5108

 1   Mr. President.

 2                I want to thank Senator Bailey for 

 3   putting this legislation forward and agree with 

 4   everything that Senator Bailey had said, because 

 5   it is so true that we look at this cost and we 

 6   say it might cost a few million dollars -- and it 

 7   might cost up to possibly 30 million, depending 

 8   on who you ask.  But we know, the United States, 

 9   it's costing us about $70 billion a year because 

10   of the opioid crisis.  

11                And what I've seen, in talking to 

12   professionals and being involved in this issue 

13   for many years, is at that critical time when 

14   someone is released from incarceration, if 

15   they've been suffering with an opioid addiction, 

16   that that is the -- that's the danger zone.  Once 

17   they're released, we've seen the overdoses spike.  

18                And if we can get medical-assisted 

19   treatment, if we can get buprenorphine, 

20   methadone, naltrexone into people's systems, make 

21   sure that it's accessible when we know that could 

22   be the answer -- if we can get someone Vivitrol 

23   when they're incarcerated, we can save their life 

24   when they're released.  We've seen that over and 

25   over again.


                                                               5109

 1                And we ask ourselves, when people 

 2   come to us and say, Well, why are you not doing 

 3   medical-assisted treatment in the jail, in the 

 4   correction facility?  We say "the cost."  I mean, 

 5   come on.  We spend billions of dollars on 

 6   incarcerating people in New York State alone.  We 

 7   had a robust conversation yesterday on the floor 

 8   talking about incarceration.  And we should be 

 9   talking about, hey, how do we make sure that 

10   people are getting rehabilitated and not just 

11   incarcerated?  You go to our jails and it doesn't 

12   take you long to recognize that most of the 

13   people there are there somehow related to the war 

14   on drugs.

15                And if we are not rehabilitating 

16   people in prison and in our jails, we are really 

17   missing an opportunity and we are lacking in our 

18   responsibility.  

19                So this is something that is, again, 

20   long overdue.  And if we don't enact it, I fear 

21   that our communities are going to continue to 

22   drag their feet.  This has got to be a priority.  

23   This legislation will save lives.  I want to 

24   thank the sponsor for bringing it forward and all 

25   my colleagues for supporting it.  I look forward 


                                                               5110

 1   to this law being enacted, and I believe it will 

 2   make a big, big difference.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Carlucci to be recorded in the affirmative.

 6                Senator Sepúlveda to explain his 

 7   vote.

 8                SENATOR SEPÚLVEDA:   Thank you, 

 9   Mr. President, for allowing me to explain my 

10   vote.

11                So in this body we talk a lot about 

12   costs and expensive programs, but we can't be 

13   myopic, and we have to think long term and think 

14   as investors when it comes to these kinds of 

15   programs.  

16                You see, one of the most dangerous 

17   periods for incarcerated individuals that are 

18   suffering from drug addiction, one of the most 

19   dangerous periods of overdose and death comes 

20   when they're released, because they're not 

21   receiving the medical-assisted treatment in the 

22   facilities.  The recidivism rate for these 

23   individuals is about three times higher than 

24   everyone else.

25                When we consider the fact that every 


                                                               5111

 1   incarcerated individual in a facility in New York 

 2   State costs us in excess of $150,000 a year, if 

 3   we're able to provide this type of 

 4   medical-assisted treatment program and avoid 

 5   recidivism, get them treatment, get them off the 

 6   drugs that probably got them into prison in the 

 7   first place -- and you think about the number of 

 8   individuals that are in this situation -- I 

 9   think, in the end, the analysis should be how 

10   much money are we going to save with this 

11   program.

12                We can't think short-term, we have 

13   to think long-term.  And if we're going to think 

14   about the economic health of this state, then 

15   let's think as we do with other programs that we 

16   talk about and think about how this is going to 

17   actually save us money in the future.

18                And so thank you, Senator Bailey.  

19   This is a long-awaited bill.  When I have visited 

20   the prisons throughout New York State, a lot of 

21   the people that run them tell me that one of the 

22   biggest needs that they have is to have medical 

23   drug treatment programs so that it will make it 

24   easier for them to run the facility and make sure 

25   that these individuals that are incarcerated do 


                                                               5112

 1   not come back because of a drug addiction or an 

 2   offense related to a drug addiction, and there 

 3   are many for that.  

 4                So thank you, and I vote 

 5   affirmatively.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Sepúlveda to be recorded in the affirmative.

 8                Senator Krueger to explain her vote.

 9                SENATOR KRUEGER:   Thank you, 

10   Mr. President.  

11                I rise to support this bill, 

12   thanking Senator Bailey for such a progressive, 

13   proactive bill, as part of a package of bills 

14   that multiple of my colleagues are bringing to us 

15   today.

16                I want to address the fiscal costs.  

17   I'm hoping soon to bring an additional bill to 

18   the floor.  It would be the legalization of 

19   recreational marijuana, the expansion of medical 

20   marijuana, and the expansion of the hemp CBD 

21   regulation and sales in this state.  

22                And if you note, 25 percent of the 

23   revenues in my legislation would go to drug 

24   treatment and education for prevention of drug 

25   abuse.  It would provide New York State more 


                                                               5113

 1   money than any state in the country has to 

 2   address these combined problems of educating 

 3   young people and adults of the dangers of drug 

 4   use or drug abuse and investing in exactly the 

 5   kind of treatment services that we are discussing 

 6   today.  

 7                So long term, all of my colleagues 

 8   are right:  We save money when people don't end 

 9   up addicted or remain addicted to drugs.  But 

10   frankly, in the very short term, New York State 

11   could take an action that would provide us the 

12   funds we all think we need to address these 

13   problems.

14                So it's a plea for a future vote 

15   yes, Mr. President, but I felt a need to bring it 

16   up now because I think it addresses many of the 

17   concerns I'm hearing from some of my colleagues 

18   voting no today.

19                Of course I vote yes.  Thank you, 

20   Mr. President.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Krueger to be recorded in the affirmative.

23                Senator Sanders to explain his vote.

24                SENATOR SANDERS:   Thank you, 

25   Mr. President.


                                                               5114

 1                At a time like this I am reminded of 

 2   Benjamin Franklin, who gave us two statements or 

 3   quotes that we could use, and one of them was "A 

 4   stitch in time saves nine."  Meaning that what we 

 5   do up-front of prevention will save us a great 

 6   deal later.

 7                Or you could also look at him again, 

 8   Benjamin Franklin, and say that "Penny wise and 

 9   pound foolish."  The argument against this will 

10   save some money, but it will cost you far more in 

11   the future.  Some money today, you don't do the 

12   treatment, but then this person is back and back.  

13   Or this person dies or something of that nature.

14                We need to go back to the Poor 

15   Richard's Almanac -- Benjamin Franklin again.  We 

16   need to go back to simpler times and simpler ways 

17   where we could look at a situation and say, You 

18   know what, why don't we just do something 

19   up-front so we don't have to continue to have 

20   this problem?  

21                I commend Senator Bailey for reading 

22   Poor Richard's Almanac.  I'm sure he got the idea 

23   from that.  But wherever he got the idea from, 

24   why don't we all join in and just do what makes 

25   sense.  And in this sense, dollars and cents.  


                                                               5115

 1                Thank you very much, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Sanders to be recorded in the affirmative.

 4                Senator Helming to explain her vote.

 5                SENATOR HELMING:   Thank you, 

 6   Mr. President.  I rise today to explain why I'm 

 7   voting no on this legislation.

 8                Treating substance abuse disorders 

 9   is a proven and effective way to help 

10   rehabilitate an individual, whether they're 

11   incarcerated or not.  Community-based treatment, 

12   programs and services are essential for those 

13   suffering with addiction and dependence.

14                However, mandating this treatment 

15   for inmates in local correctional facilities 

16   places yet another new unfunded mandate on county 

17   governments that they just can't afford.  

18   Yesterday I talked about Seneca County has the 

19   highest suicide rate in the State of New York.  

20   They have to make choices every single time we 

21   push down an unfunded mandate on what programs to 

22   cut or to raise taxes.  But in a poor rural 

23   community like Seneca County, that's not an 

24   option.

25                So unfortunately, I am voting no.  I 


                                                               5116

 1   think the premise is good.  But I think, if this 

 2   is such a priority, that we ought to fund the 

 3   program.

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Helming to be recorded in the negative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 600, those Senators voting in the 

10   negative are Senators Akshar, Amedore, Antonacci, 

11   Funke, Gallivan, Griffo, Helming, Jacobs, Jordan, 

12   Lanza, Martinez, Ortt, Ranzenhofer, Ritchie, 

13   Serino, Seward and Tedisco.  Also Senator Robach.

14                Ayes, 44.  Nays, 18.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   699, Assembly Number 2653A, substituted earlier 

19   by Assemblymember Dinowitz, an act to amend the 

20   General Obligations Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

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

25   shall have become a law.


                                                               5117

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 699, those Senators voting in the 

 8   negative are Senators Akshar, Amedore, Antonacci, 

 9   Helming, Jacobs, Jordan, Lanza, Serino and 

10   Tedisco.

11                Ayes, 53.  Nays, 9.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   784, Senate Print 5666B, by Senator Benjamin, an 

16   act to amend the Public Authorities Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 4.  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.


                                                               5118

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   790, Senate Print 3994, by Senator Gaughran, an 

 6   act to amend the Village 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 790, voting in the negative:  

18   Senator Ranzenhofer.  

19                Ayes, 61.  Nays, 1.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   794, Senate Print 4676A, by Senator Kavanagh, an 

24   act to amend the Real Property Tax Law.

25                SENATOR GRIFFO:   Lay it aside.


                                                               5119

 1                SENATOR GIANARIS:   Lay it aside for 

 2   the day.

 3                ACTING PRESIDENT BENJAMIN:   Lay it 

 4   aside for the day.

 5                THE SECRETARY:   Calendar Number 

 6   851, Senate Print 272, by Senator Benjamin, an 

 7   act to amend the Retirement and Social Security 

 8   Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 7.  This 

12   act shall take effect on the 60th day after it 

13   shall have become a law.

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 851, voting in the negative:  

21   Senator Akshar.  

22                Ayes, 61.  Nays, 1.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5120

 1   861, Senate Print 4118C, by Senator Liu, an act 

 2   to amend the Administrative Code of the City of 

 3   New York.

 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:   In relation to 

14   Calendar Number 861, those Senators voting in the 

15   negative are Senators Akshar, Amedore, Antonacci, 

16   Griffo, Lanza, Ortt, Ranzenhofer and Seward.  

17                Ayes, 54.  Nays, 8.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   883, Senate Print 4131, by Senator Kavanagh, an 

22   act to amend the Private Housing Finance Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5121

 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, 62.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   893, Senate Print 1588, by Senator Sanders, an 

13   act to amend the Administrative Code of the City 

14   of New York.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               5122

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   897, Senate Print 3041, by Senator Sanders, an 

 4   act to amend the Social Services Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 90th 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, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   916, Senate Print 1577, by Senator Gallivan, an 

20   act granting retroactive membership in the 

21   New York State and Local Employees' Retirement 

22   System.

23                ACTING PRESIDENT BENJAMIN:   There 

24   is a home-rule message at the desk.

25                Read the last section.


                                                               5123

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   926, Senate Print 5763A, by Senator Skoufis, an 

13   act to amend the Retirement and Social Security 

14   Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               5124

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   933, Senate Print 4207A, by Senator Metzger, an 

 4   act to amend the General Municipal 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, 62.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   953, Senate Print 2839, by Senator Kaplan, an act 

19   to amend the State Administrative Procedure Act.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 7.  This 

23   act shall take effect on the first of January.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               5125

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   955, Assembly Number 7131, substituted earlier by 

 9   Assemblymember Peoples-Stokes, an act to amend 

10   the Alcoholic Beverage Control Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   958, Senate Print 5675, by Senator Akshar, an act 

25   to amend the Alcoholic Beverage Control Law.


                                                               5126

 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, 62.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   962, Senate Print 1852, by Senator Jacobs, an act 

15   to amend the Alcoholic Beverage Control Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 3.  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, 62.


                                                               5127

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   972, Senate Print 5922, by Senator Salazar, an 

 5   act to amend the Public Buildings Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

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

10   shall have become a law.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 972, those Senators voting in the 

18   negative are Senators Amedore and Ortt.  

19                Ayes, 60.  Nays, 2.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   989, Senate Print 5145, by Senator Rivera, an act 

24   to amend the Insurance Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               5128

 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:   Senator 

 8   May to explain her vote.

 9                SENATOR MAY:   Thank you, 

10   Mr. President.

11                I'm very pleased to vote aye on this 

12   bill, and I thank Senator Rivera for bringing 

13   this bill forward.

14                Someday we will have single-payer 

15   healthcare in New York and we won't need 

16   navigators to help us through the complexities of 

17   health insurance coverage in New York.  But in 

18   the meantime, it is really important that we make 

19   sure that people understand what their insurance 

20   options are and how to get the best ones for 

21   them.  

22                And so I thank you for putting this 

23   bill together, and I vote aye.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   May to be recorded in the affirmative.


                                                               5129

 1                Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 989, voting in the negative:  

 4   Senator Seward.

 5                Ayes, 61.  Nays, 1.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1017, Senate Print 5807A, by Senator Martinez, an 

10   act to amend the Agriculture and Markets Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

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

15   shall have become a law.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   1028, Senate Print 6145, by Senator Kaminsky, an 


                                                               5130

 1   act to amend the Environmental Conservation Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Kaminsky to explain his vote.

11                SENATOR KAMINSKY:   Thank you, 

12   Mr. President.

13                Of late there's been some disturbing 

14   news throughout our state, particularly on 

15   Long Island.  Three schools had to close their 

16   gymnasiums because of the presence of mercury 

17   vapor being emitted by the old gymnasium floors.  

18                This is very troubling.  And 

19   unfortunately, I think we could all give a pretty 

20   educated guess that this will be the tip of the 

21   iceberg.  Yesterday the State Education 

22   Department sent guidance to all schools asking 

23   them to inventory their gym flooring so we know 

24   how pervasive this problem is.  And hopefully, 

25   soon after there will be a plan to do it. 


                                                               5131

 1                But here's why this bill is 

 2   important and we're taking steps really as 

 3   quickly as we can to address the issue.

 4                First, this bill will prohibit the 

 5   installation of mercury flooring -- flooring 

 6   containing mercury in schools going forward.  So 

 7   any flooring like the one that was previously 

 8   sold can no longer be done.

 9                More important, right now there's no 

10   standard for how much mercury vapor is allowed to 

11   be present in the atmosphere in our schools, 

12   around our children, around our physical 

13   education teachers.  That's very problematic.  

14   This will finally set a standard -- borrowed from 

15   another state -- as to how much mercury vapor is 

16   allowed.  

17                I fear that we are at the very 

18   beginning of a problem for the health of some of 

19   our schoolchildren.  I hope it is not as 

20   widespread as some may fear.  But whatever it is, 

21   we have to be prepared to tackle it and have the 

22   tools to do so.  This bill will help us do that.  

23                Thank you to the Majority Leader for 

24   adding this to the calendar.  

25                And Mr. President, I vote aye.


                                                               5132

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Kaminsky to be recorded in the affirmative.

 3                Senator Brooks to explain his vote.

 4                SENATOR BROOKS:   Thank you, 

 5   Mr. President.  

 6                As Senator Kaminsky said, three 

 7   schools on Long Island were found to have the 

 8   presence of mercury.  I have two of them.  

 9                I think it's important that we get 

10   on top of this situation as soon as we can.  I 

11   thank him for introducing this bill, and I'll be 

12   voting aye.  

13                Thank you.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Brooks to be recorded in the affirmative.

16                Announce the results.

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   1029, Senate Print 4599, by Senator Parker, an 

22   act to amend the Mental Hygiene Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5133

 1   act shall take effect on the 180th 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, 62.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   1030, Senate Print 5457, by Senator Harckham, an 

13   act to amend the Public Health Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               5134

 1                THE SECRETARY:   Calendar Number 

 2   1032, Senate Print 3807B, by Senator Thomas, an 

 3   act to create the Empire State Cricket Task 

 4   Force.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 5.  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:   Senator 

13   Thomas to explain his vote.

14                SENATOR THOMAS:   Thank you, 

15   Mr. President.

16                This bill is very important to a 

17   population that loves the sport of cricket.  What 

18   is cricket, you may ask.  Cricket is a bat and 

19   ball game placed between two teams of 11 players 

20   on a field at the center of which is a 22-yard 

21   pitch with a wicket at each end, each comprising 

22   two balls balanced on three stumps.  The batting 

23   side scores runs by striking the ball bowled at 

24   the wicket with the bat while the bowling and 

25   fielding side tries to prevent this and dismiss 


                                                               5135

 1   each player so they are out.  All right?  That's 

 2   the game.

 3                This game was actually introduced by 

 4   the British.  It was very popular in America for 

 5   more than a century.  In fact, the modern world's 

 6   first international sporting event was a cricket 

 7   match between the U.S. and Canada in 1844, 

 8   predating the modern Olympic games.  Baseball 

 9   then took over as the popular sport.

10                Fast forward to present day, where 

11   New Yorkers struggle to even find a field to play 

12   this sport.  The United States doesn't have a 

13   major team.  This means no highlights on ESPN and 

14   no giant stadiums to sell out.  It's difficult 

15   for Americans to get excited about cricket when 

16   they can't watch it live or even on television.  

17   The few dedicated American followers can watch it 

18   online, but very much like football, they are 

19   supporting teams from other parts of the world 

20   instead of from their home country.  

21                That is why I introduced this bill 

22   to create a task force to promote the game here 

23   in New York.  I am hoping the report that they 

24   submit will recommend, among other things, 

25   introducing cricket into schools and constructing 


                                                               5136

 1   stadiums.  

 2                The future of cricket is bright for 

 3   New Yorkers, and in time they can easily adopt 

 4   the sport and maybe even produce some of the 

 5   world's top cricketeers.  

 6                I vote aye.  Thank you.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Thomas to be recorded in the affirmative.

 9                Senator Sanders to explain his vote.

10                SENATOR SANDERS:   Thank you, 

11   Mr. President.

12                To the sponsor, I must make a 

13   confession:  I've never played cricket in my 

14   life.  However, I come from a community where 

15   many, many people play cricket.  I am blessed to 

16   have the joyous community of Richmond Hill in my 

17   district, so I am absolutely amazed at how 

18   vibrant the sport is.  And I carried a similar 

19   bill for the longest.

20                However, if Senator Thomas is the 

21   one who can bat this one in, then I hope he makes 

22   a touchdown on this issue.  I vote yes.  Let's do 

23   cricket.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Sanders to be recorded in the affirmative.


                                                               5137

 1                Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 1032, those Senators voting in 

 4   the negative are Senators Antonacci, Flanagan, 

 5   Funke, Gallivan, Griffo, Helming, Jacobs, Jordan, 

 6   Little, Ortt, Ranzenhofer, Ritchie, Robach and 

 7   Seward.

 8                Ayes, 48.  Nays, 14.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   1052, Senate Print 5629, by Senator Mayer, an act 

13   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 immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               5138

 1                THE SECRETARY:   Calendar Number 

 2   1053, Assembly Print Number 7654A, substituted 

 3   earlier by Assemblymember Jaffee, an act to amend 

 4   the Education Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Carlucci to explain his vote.

14                SENATOR CARLUCCI:   Thank you, 

15   Mr. President.

16                Our Boards of Cooperative Education 

17   Services, created in 1948, were put forward to 

18   find efficiencies, to create savings for our 

19   taxpayers while providing the best educational 

20   opportunities possible for our students, for our 

21   children.

22                The legislation before us today 

23   expands a program that we currently have and 

24   lifts a sunset that's due to start this year.  

25   And what that does is allow for BOCES to enter 


                                                               5139

 1   into contracts to educate children from out of 

 2   state.  

 3                And really simply put, this helps us 

 4   in a multitude of ways, two specifically.  One, 

 5   it allows for more revenue into our state.  And 

 6   as many of you know, our Boards of Cooperative 

 7   Extensions, they can't keep any of that excess 

 8   money.  It gets distributed to the local school 

 9   districts.  Rockland BOCES, where we've had to 

10   program, really strive -- we are right on the 

11   border of New Jersey, so we've seen approximately 

12   about $600,000 in revenue come into the Rockland 

13   BOCES from students from New Jersey.

14                 And it also, in addition to adding 

15   more revenue to our districts, what it also does 

16   is it allows us to offer more courses.  So for 

17   example, if we have a course and there's only 

18   five students from the districts, the component 

19   districts, that want to take that course, we 

20   wouldn't be able to offer that course.  But now, 

21   by opening it up, allowing for other districts, 

22   allowing the State of New Jersey and other states 

23   to participate, that allows us to offer more 

24   courses.

25                So this is a program that's worked 


                                                               5140

 1   well.  We're also expanding it to allow us to do 

 2   work with Canada, the districts that are on the 

 3   border of Canada that want -- the students want 

 4   to come here and take advantage of the great 

 5   educational opportunities that BOCES provides, 

 6   hey, let's do it.  It's adding to our economies 

 7   of scale, makes it more efficient, saves property 

 8   taxpayer dollars, and continues to provide a 

 9   wonderful education that we've come to deserve 

10   and expect here in New York.

11                So I'll be supporting this 

12   legislation.  Thank you, Mr. President.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Carlucci to be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   1054, Senate Print 5705, by Senator Mayer, an act 

21   to amend the Education Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               5141

 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, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   1058, Senate Print 5769, by Senator Metzger, an 

11   act relating to payments in lieu of taxes paid to 

12   the Minisink Valley Central School District.

13                SENATOR GIANARIS:   Lay it aside for 

14   the day, please.

15                ACTING PRESIDENT BENJAMIN:   Lay it 

16   aside for the day.

17                THE SECRETARY:   Calendar Number 

18   1066, Senate Print 4951A, by Senator Sepúlveda, 

19   an act to amend the Surrogate's Court Procedure 

20   Act.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               5142

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1075, Senate Print 3228A, by Senator Comrie, an 

10   act to amend the Public Authorities Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1078, Senate Print 5112A, by Senator LaValle, an 

25   act to amend the Highway Law.


                                                               5143

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 3.  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, 62.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1099, Assembly Print Number 4898, substituted 

15   earlier by Assemblymember Blake, an act to amend 

16   the Private Housing Finance 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.


                                                               5144

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1112, Assembly Print Number 375, substituted 

 6   earlier by Assemblymember Steck, an act to amend 

 7   the Labor 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, 62.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   1113, Senate Print 2832A, by Senator Savino, an 

22   act to amend the Labor Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5145

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1116, Senate Print 4396A, by Senator Ramos, an 

12   act to amend the Labor Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 5.  This 

16   act shall take effect on the 30th day after it 

17   shall have become a law.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 1116, those Senators voting in 

25   the negative are Senators Akshar, Amedore, 


                                                               5146

 1   Antonacci, Boyle, Flanagan, Funke, Griffo, 

 2   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

 3   O'Mara, Ortt, Ranzenhofer, Ritchie, Robach, 

 4   Serino, Seward and Tedisco.

 5                Ayes, 41.  Nays, 21.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1117, Senate Print 5791, by Senator Ramos, an act 

10   to amend the Labor Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

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

15   shall have become a law.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Ortt to explain his vote.

21                SENATOR ORTT:   Thank you, 

22   Mr. President.

23                I'm going to be supporting this 

24   legislation, for the following reasons.  This 

25   bill would make it -- would add penalties to 


                                                               5147

 1   employers who hire folks who are here illegally 

 2   and then leverage that status to -- threaten 

 3   retaliation, knowing that status.

 4                I view employers who hire folks who 

 5   have broken immigration laws as part of the 

 6   problem of illegal immigration, not part of the 

 7   solution.  And in my view, we shouldn't be 

 8   encouraging any of that kind of behavior.  

 9                So to me, this doesn't preclude 

10   someone from calling a federal agency if they 

11   know someone to be here illegally, even if they 

12   are an employer.  What it precludes them from is 

13   to hold that over an employee and try to extort 

14   them or exploit them or leverage that to do 

15   something that's wrong.  That should -- 

16   everybody, if you have a problem with illegal 

17   immigration, these folks who would do that are 

18   part of that problem.  

19                And so while I may come at this from 

20   a different angle than the sponsor, I absolutely 

21   think we should be supporting a piece of 

22   legislation like this, and hopefully it will give 

23   employers pause to hiring folks who aren't here 

24   legally in the first place.

25                So for those reasons, Mr. President, 


                                                               5148

 1   I vote aye.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Ortt to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 1117, those Senators voting in 

 7   the negative are Senators Akshar, Jacobs and 

 8   Ranzenhofer.

 9                Ayes, 59.  Nays, 3.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1118, Senate Print 6204, by Senator Hoylman, an 

14   act to amend the Labor 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 1118, voting in the negative:  


                                                               5149

 1   Senator Akshar.  

 2                Ayes, 61.  Nays, 1.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1170, Senate Print 5935, by Senator Harckham, an 

 7   act to amend the Social Services Law and the 

 8   Public Health Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect July 1, 2019.

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 1170, those Senators voting in 

20   the negative are Senators Flanagan, Griffo, 

21   Helming, Jacobs, Jordan, O'Mara and Ortt.

22                Ayes, 55.  Nays, 7.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5150

 1   1218, Senate Print 5262A, by Senator Harckham, an 

 2   act to amend Chapter 646 of the Laws of 1939.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   1228, Senate Print 6235, by Senator Metzger, an 

17   act to amend the General Municipal Law.

18                SENATOR GRIFFO:   Lay it aside.

19                ACTING PRESIDENT BENJAMIN:   Lay it 

20   aside.

21                Senator Gianaris, that completes the 

22   reading of today's calendar.

23                SENATOR GIANARIS:   Can we now take 

24   up the controversial calendar, please.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               5151

 1   Secretary will ring the bell.  

 2                The Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   1228, Senate Print 6235, by Senator Metzger, an 

 5   act to amend the General Municipal Law and the 

 6   Tax Law.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Amedore.

 9                SENATOR AMEDORE:   Thank you, 

10   Mr. President.  Will the sponsor -- can I ask -- 

11   to yield for some questions, please.  

12                (Laughter.)

13                SENATOR AMEDORE:   I'm at a 

14   different desk --

15                SENATOR METZGER:   Yes.

16                SENATOR AMEDORE:   -- all messed up.

17                ACTING PRESIDENT BENJAMIN:   The 

18   sponsor yields?  

19                SENATOR METZGER:   Yes, 

20   Mr. President.

21                ACTING PRESIDENT BENJAMIN:   The 

22   sponsor yields.

23                SENATOR AMEDORE:   Thank you.

24                Through you, Mr. President, I 

25   represent part of Ulster County, and I know that 


                                                               5152

 1   the sponsoring Senator, Senator Metzger, 

 2   represents parts of Ulster County.  Senator 

 3   Metzger, is there any home-rule message with this 

 4   legislation?

 5                SENATOR METZGER:   There is no 

 6   home-rule -- Mr. President, there is no home-rule 

 7   message.  It's not constitutionally required, as 

 8   we're not mandating anything.

 9                But there was a resolution passed by 

10   the Ulster County Legislature's economic 

11   development committee, and this legislation is on 

12   the full legislature's agenda for their June 18th 

13   meeting.

14                SENATOR AMEDORE:   Through you, 

15   Mr. President, may I -- will the sponsor continue 

16   to yield?  

17                ACTING PRESIDENT BENJAMIN:   Does 

18   the sponsor yield? 

19                SENATOR METZGER:   Sure.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR AMEDORE:   So the June 18th 

23   legislative meeting, is that to pass home-rule 

24   legislation for this bill?

25                SENATOR METZGER:   If this -- yes, 


                                                               5153

 1   that's right, it's to -- that's correct.

 2                SENATOR AMEDORE:   Through you, 

 3   Mr. President, does the sponsor continue to 

 4   yield?  

 5                ACTING PRESIDENT BENJAMIN:   Does 

 6   the sponsor yield?

 7                SENATOR METZGER:   If I could just 

 8   correct that.  It would be a resolution in 

 9   support of this bill.

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield for another question?  

12                SENATOR METZGER:   Yes.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR AMEDORE:   So then why would 

16   this body in this chamber today put forth this 

17   legislation before the actual adoption of the 

18   resolution of the county legislature?

19                SENATOR METZGER:   So county 

20   legislators expressed to me their desire to see 

21   this legislation happen.  Again, it is up to -- 

22   it's up to them to approve it.  And beyond that, 

23   it is -- if Ulster County is included in the 

24   Community Preservation Act, it still requires 

25   that individual cities, towns, villages pass a 


                                                               5154

 1   referendum in support of participating in this.  

 2                So this is really about home rule 

 3   and communities choosing whether or not to use 

 4   this tool to protect farmland, open space, 

 5   important ecological and recreational resources.

 6                SENATOR AMEDORE:   Mr. President, on 

 7   the bill.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Amedore on the bill.

10                SENATOR AMEDORE:   I thank the 

11   sponsor for answering my questions.  

12                I know a few years back when this 

13   legislative body -- I think it was back in 

14   2007 -- passed the Hudson Valley Community 

15   Preservation Act of 2007, it required, it 

16   required the counties of Westchester as well as 

17   Putnam County to have home-rule resolutions part 

18   of the adoption of this act.

19                And I just find it -- that today 

20   they want to amend and allow -- this body is now 

21   going to allow Ulster County to be part of the 

22   Hudson Valley Community Preservation Act without 

23   any home rule.  And because of that, I will be 

24   voting in the negative.

25                Thank you, Mr. President.


                                                               5155

 1                ACTING PRESIDENT BENJAMIN:   Are 

 2   there any other Senators wishing to be heard?  

 3                Seeing and hearing none, debate is 

 4   closed.

 5                The Secretary will ring the bell.

 6                Senator Gianaris.  

 7                SENATOR GIANARIS:   Mr. President, 

 8   without objection, can we please restore this 

 9   bill to the noncontroversial calendar.

10                ACTING PRESIDENT BENJAMIN:   Without 

11   objection, so ordered.

12                Read the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Seward to explain his vote.

20                SENATOR SEWARD:   Yes, thank you, 

21   Mr. President.

22                I too represent a small portion of 

23   Ulster County -- four towns, in fact -- and I am 

24   awaiting, eagerly awaiting a formal expression 

25   from the Ulster County Legislature, whether it be 


                                                               5156

 1   a formal home-rule request or a formal expression 

 2   of support for this legislation.

 3                They will be meeting next Tuesday on 

 4   the 18th, which would give us Wednesday to 

 5   consider this legislation.  I am voting no today, 

 6   awaiting that formal expression of support from 

 7   the Ulster County Legislature, which frankly has 

 8   been the tradition in terms of other counties 

 9   coming under the Hudson Valley Community 

10   Preservation Act of 2007.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Seward to be recorded in the negative.

13                Senator Metzger to explain her vote.

14                SENATOR METZGER:   I'm very pleased 

15   to sponsor this legislation.  

16                This was a decision of the previous 

17   majority to require this.  But I just want to 

18   emphasize that there is not any constitutional 

19   requirement for that.  And this is very 

20   important.  I don't just represent Ulster County, 

21   I am from Ulster County, I live in Ulster County, 

22   I was a local government elected representative 

23   there and very active in the protection of open 

24   space, along with elected representatives from 

25   many other communities in Ulster County.


                                                               5157

 1                There is a great desire there to be 

 2   able to protect their natural recreational and 

 3   agricultural resources.  There is a lot of 

 4   pressure on those resources from development.  

 5   This -- basically, this legislation expands the 

 6   toolbox for communities to protect the resources 

 7   that they have identified in their open space 

 8   plans, in their comprehensive plans.  This is 

 9   about communities, empowering communities to do 

10   what they think is important.

11                And I'm very pleased to support this 

12   legislation and its goals.  I vote aye.  

13                Thank you very much.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Metzger to be recorded in the affirmative.

16                Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 1228, those Senators voting in 

19   the negative are Senators Akshar, Amedore, 

20   Antonacci, Flanagan, Griffo, Helming, Jacobs, 

21   Jordan, Lanza, Ortt, Ranzenhofer, Robach, Serino, 

22   Seward, and Skoufis.  Also Senator Funke.  

23                Ayes, 46.  Nays, 16.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               5158

 1                Senator Gianaris, that completes the 

 2   reading of today's calendar.

 3                SENATOR GIANARIS:   Can we now take 

 4   up the reading of the supplemental calendar, 

 5   please.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   Secretary will read.  

 8                THE SECRETARY:   Calendar Number 

 9   1280, Senate Print 183A, by Senator Serrano, an 

10   act to amend the Parks, Recreation and Historic 

11   Preservation Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   1281, Senate Print 849, by Senator Benjamin, an 


                                                               5159

 1   act to amend the Criminal Procedure Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1282, Senate Print 1405, by Senator Carlucci, an 

16   act to amend the General Business Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 3.  This 

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

21   shall have become a law.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               5160

 1   Carlucci to explain his vote.

 2                SENATOR CARLUCCI:   Thank you, 

 3   Mr. President.

 4                This legislation we call the Storm 

 5   Chasers Bill.  And really -- we've seen this 

 6   throughout the state, but really I saw it 

 7   firsthand after Hurricane Sandy, where you have 

 8   these unscrupulous contractors that will come in 

 9   and use high-pressure tactics to try to get 

10   someone to put a down payment to get their roof 

11   repaired.  

12                And often what these contractors 

13   will do is mislead the homeowner into thinking 

14   that their homeowner's insurance will cover it.  

15   And we've seen people get into trouble with this 

16   with their insurance companies.  But most 

17   importantly, we've seen these contractors take a 

18   down payment and do nothing, and just leave town.  

19   Or take a down payment, start some work, never 

20   finish it, and the homeowner is left holding the 

21   bag.

22                This legislation will go further in 

23   protecting homeowners and making sure that we 

24   hold these contractors accountable and make sure 

25   that we can have the appropriate people, the 


                                                               5161

 1   licensed contractors, doing the work, 

 2   particularly after these storms when people are 

 3   in most need.  

 4                So I'll be supporting this 

 5   legislation, and I want to thank my colleagues 

 6   for doing the same.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Carlucci to be recorded in the affirmative.

10                Announce the results.

11                THE SECRETARY:   In relation to 

12   Calendar Number 1282, those Senators voting in 

13   the negative are Senators Amedore, Helming, 

14   Ranzenhofer and Serino.  

15                Ayes, 58.  Nays, 4.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1283, Senate Print 1640, by Senator Brooks, an 

20   act to amend the Navigation Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

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

25   shall have become a law.


                                                               5162

 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, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   1284, Senate Print 1678, by Senator Skoufis, an 

11   act to amend the Insurance Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                THE SECRETARY:   Call the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1285, Senate Print 1687, by Senator Brooks, an 

25   act to establish the Residential Real Property 


                                                               5163

 1   Tax Relief for Public Education Task Force.

 2                SENATOR GRIFFO:   Lay it aside.

 3                ACTING PRESIDENT BENJAMIN:   Lay it 

 4   aside.

 5                THE SECRETARY:   Calendar Number 

 6   1286, Senate Print 1866B, by Senator Breslin, an 

 7   act to amend the Retirement and Social Security 

 8   Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  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, 62.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   1288, Senate Print 2201, by Senator Bailey, an 

23   act to amend the Election Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               5164

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect January 1, 2020.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 1288, those Senators voting in 

10   the negative are Senators Akshar, Amedore, 

11   Antonacci, Boyle, Flanagan, Funke, Gallivan, 

12   Griffo, Helming, Jacobs, Jordan, Lanza, LaValle, 

13   Little, Martinez, O'Mara, Ortt, Ranzenhofer, 

14   Ritchie, Robach, Serino, Seward and Tedisco.  

15                Ayes, 39.  Nays, 23.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1289, Senate Print 2394, by Senator Breslin, an 

20   act to amend the State Finance Law and the 

21   General Municipal Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               5165

 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, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   1290, Senate Print 2779A, by Senator Comrie, an 

11   act to amend the Public Authorities Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 1290, those Senators voting in 

23   the negative are Senators Antonacci and Griffo.

24                Ayes, 60.  Nays, 2.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               5166

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1291, Senate Print 3112, by Senator Akshar, an 

 4   act to amend Chapter 125 of the Laws of 2017.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 1291, voting in the negative:  

16   Senator Martinez.  

17                Ayes, 61.  Nays, 1.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   1292, Senate Print 3233, by Senator Savino, an 

22   act to amend the Penal Law and the Vehicle and 

23   Traffic Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               5167

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   1294, Senate Print 3428, by Senator Salazar, an 

13   act to establish a commission to be known as the 

14   New York State Temporary Commission on the Threat 

15   of Rising Oceans.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 3.  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:   In relation to 


                                                               5168

 1   Calendar Number 1294, those Senators voting in 

 2   the negative are Senators Akshar, Amedore, Funke, 

 3   Lanza and Ranzenhofer.

 4                Ayes, 57.  Nays, 5.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1295, Senate Print 3447, by Senator Stavisky, an 

 9   act to amend the Election Law and the 

10   Education Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the first of December.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT BENJAMIN:   the 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1296, Senate Print 3466, by Senator Griffo, an 

25   act to amend the Highway Law.


                                                               5169

 1                ACTING PRESIDENT BENJAMIN:   There 

 2   is a home-rule message at the desk.

 3                Read 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, 62.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1297, Senate Print 3478, by Senator Carlucci, an 

16   act to amend the Real Property Tax 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:   Senator 

25   Carlucci to explain his vote.


                                                               5170

 1                SENATOR CARLUCCI:   Thank you, 

 2   Mr. President.

 3                First I want to thank our chair of 

 4   the Investigations Committee, Senator Skoufis, 

 5   for having a hearing a few weeks ago in Newburgh 

 6   on the topic of code enforcement and the 

 7   investigations that are going on relating to 

 8   that.

 9                And when we talk about code 

10   enforcement, this has been a big, big problem in 

11   Rockland County and throughout the state, but 

12   particularly with the issue where you have these 

13   building code violations where we're not just 

14   talking cosmetics, we're talking about a 

15   structural issue that could threaten the life of 

16   a first responder and the life of someone that's 

17   living in that dwelling.

18                And so these code violations need to 

19   be taken very seriously.  And what we've found 

20   over and over again, and what was confirmed at 

21   the hearing in Newburgh, is that many times these 

22   violations just go unpaid.  And what this 

23   legislation will do is allow for a municipality 

24   to add those outstanding code violations to the 

25   tax levy.  


                                                               5171

 1                So we all know that in collecting 

 2   property taxes, the locality has many more 

 3   resources at their disposal, the law backs it up.  

 4   And that's what that legislation will do, to say, 

 5   hey, a code violation is serious, it has to be 

 6   dealt with, and we're giving the tools to the 

 7   local municipality to do that.

 8                So, Mr. President, I support this 

 9   legislation.  I want to thank my colleagues for 

10   doing the same.

11                Thank you.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Carlucci to be recorded in the affirmative.

14                Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1299, Senate Print 3654, by Senator Salazar, an 

20   act to amend the General Business Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               5172

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Salazar to explain her vote.

 5                SENATOR SALAZAR:   Thank you, 

 6   Mr. President.

 7                There's an ongoing and severe 

 8   shortage of sufficient drugs used for 

 9   chemotherapy to treat infections and for other 

10   serious illnesses.  It's endangering patients, 

11   it's forcing hospitals to buy life-saving 

12   medications from secondary suppliers at huge 

13   markups.  

14                These shortages -- mainly involving 

15   widely used generic and injectable medications, 

16   which ordinarily are cheap -- have delayed 

17   critical surgeries and cancer treatments, leaving 

18   patients in unnecessary pain and forcing 

19   hospitals to give less effective treatment.  This 

20   further results in complications and longer 

21   hospital stays.

22                No patient's health should be put in 

23   danger in order to increase the profit margins of 

24   price gougers.  This legislation seeks to ensure 

25   that any medication the FDA identifies as being 


                                                               5173

 1   in short supply is protected from unconscionably 

 2   high price hikes.  Now impacted patients will 

 3   finally have the right to take legal action when 

 4   their access to prescribed medication is 

 5   obstructed by price gouging.  

 6                This bill also grants authority to 

 7   our State Attorney General to investigate these 

 8   cases and to pursue legal action against price 

 9   gougers.  Price gouging is only one of the major 

10   problems caused by profit motives' outsized 

11   influence on our healthcare system.  We need to 

12   continue to move away from treating healthcare as 

13   a for-profit industry and, instead, move forward 

14   a model of treating healthcare as a human right.  

15                Mr. President, I vote aye.  Thank 

16   you.  

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Salazar to be recorded in the affirmative.

19                Senator Carlucci to explain his 

20   vote.

21                SENATOR CARLUCCI:   Thank you, 

22   Mr. President.  

23                I want to thank Senator Salazar for 

24   this very important piece of legislation.  We 

25   know and we've seen cases where the price of a 


                                                               5174

 1   drug -- specifically, we can point to Daraprim.  

 2   In 2015, it went from 13.50 overnight to $750.  

 3   This is a drug that would be included in the 

 4   about 100 drugs that the FDA has said are in 

 5   short supply, are in demand.

 6                If it looks like price gouging, it 

 7   feels like price gouging, it smells like price 

 8   gouging, it's probably price gouging.  But right 

 9   now in the United States and in New York State, 

10   we have no ability to go after these unscrupulous 

11   manufacturers of pharmaceutical drugs when 

12   they're expanding the price dramatically.  And we 

13   see that case over and over again.  

14                This will give us the tools to bring 

15   these cases forward, hold drug manufacturers 

16   accountable, and make sure that people can afford 

17   these life-saving drugs.  I know all of us have 

18   had situations where people come into our office 

19   and they're desperate, because they're talking 

20   about a situation where they have to decide 

21   between food or prescription drugs, paying the 

22   rent or prescription drugs, cutting the pills in 

23   half to make it last or being out on the street.  

24                That should not be the case in 2019 

25   in the State of New York, and we cannot allow 


                                                               5175

 1   this behavior to continue.  So I think this is an 

 2   extremely important piece of legislation.  I 

 3   think it's a first step.  As was said, this is 

 4   only going after the drugs that are on the lists 

 5   put out by the FDA that are in short supply.  I 

 6   think we should pass this legislation and then 

 7   work to go further to make sure that no price 

 8   manipulation, no price gouging will happen on any 

 9   pharmaceutical drugs in New York State.  

10                We know the federal government is 

11   not going to act on this, so it's essential that 

12   we do this, we get this legislation on the 

13   Governor's desk and he signs it into law to 

14   protect consumers throughout the State of 

15   New York.

16                Thank you, Mr. President.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Carlucci to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar Number 1299, voting in the negative:  

22   Senator Flanagan.

23                Ayes, 61.  Nays, 1.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               5176

 1                THE SECRETARY:   Calendar Number 

 2   1300, Senate Print 3813, by Senator Kaplan, an 

 3   act to amend the Retirement and Social Security 

 4   Law.

 5                ACTING PRESIDENT BENJAMIN:   There 

 6   is a home-rule message at the desk.

 7                Read the last section.

 8                THE SECRETARY:   Section 4.  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:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1301, Senate Print 3874A, by Senator Mayer, an 

20   act to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 8.  This 

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

25   shall have become a law.


                                                               5177

 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, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   1302, Senate Print 3875, by Senator Mayer, an act 

11   to amend the Education Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   1303, Senate Print 3929, by Senator Seward, an 


                                                               5178

 1   act to amend the Vehicle and Traffic Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

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

 6   shall have become a law.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   1304, Senate Print 3959C, by Senator Brooks, an 

17   act to amend the Agriculture and Markets Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

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

22   shall have become a law.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               5179

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1305, Senate Print 3965, by Senator Kennedy, an 

 8   act to amend the Vehicle and Traffic Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

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

13   shall have become a law.

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, 62.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                There is a substitution at the desk.

23                The Secretary will read.

24                THE SECRETARY:   Senator Liu moves 

25   to discharge, from the Committee on Health, 


                                                               5180

 1   Assembly Bill Number 230 and substitute it for 

 2   the identical Senate Bill 4119, Third Reading 

 3   Calendar 1306.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   substitution is so ordered.

 6                The Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   1306, Assembly Print Number 230, by 

 9   Assemblymember Braunstein, an act to amend the 

10   Public Health Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

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

15   shall have become a law.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.  

24                THE SECRETARY:   Calendar Number 

25   1307, Senate Print 4171A, by Senator Martinez, an 


                                                               5181

 1   act to amend the Penal Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1308, Senate Print 4229A, by Senator Breslin, an 

16   act to amend the Social Services Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 4.  This 

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

21   shall have become a law.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               5182

 1   Serino to explain her vote.

 2                SENATOR SERINO:   Thank you, 

 3   Mr. President.

 4                I rise to support this bill and also 

 5   to thank the sponsor, but also to again urge this 

 6   body to pass a bill that I carry that would close 

 7   a dangerous loophole in our law that leaves far 

 8   too many children vulnerable to abuse.  

 9                Senator Breslin's bill would provide 

10   law enforcement with access to CPS -- Child 

11   Protective Services -- records that they need to 

12   better protect our children.  It's my 

13   understanding that this bill was spurred by child 

14   abduction cases and that this bill would give law 

15   enforcement access to the records that could lead 

16   them to suspects seeking to harm a child.  

17                However, because of the dangerous 

18   loophole in our law, many cases of abuse are not 

19   being reported to begin with.  My bill, S1257, 

20   would close this dangerous loophole by requiring 

21   anyone over the age of 18, working with children, 

22   to report cases of abuse directly to law 

23   enforcement.  

24                The legislation would be an 

25   important complement to the bill we are passing 


                                                               5183

 1   here today.  And if we really want to strengthen 

 2   our system to better protect children, I'm urging 

 3   this body again to pass this measure and close 

 4   this loophole.

 5                Thank you.  I vote aye.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Serino to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1309, Senate Print 4256, by Senator Carlucci, an 

14   act to amend the Family Court Act.

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:   Senator 

23   Carlucci to explain his vote.

24                SENATOR CARLUCCI:   Thank you, 

25   Mr. President.


                                                               5184

 1                This legislation is common sense.  

 2   And it was great that we had Harvey Weisenberg 

 3   here earlier today, a champion for people with 

 4   developmental disabilities.  

 5                What this legislation simply does is 

 6   it amends the Family Court Act to allow for a 

 7   parent to petition the court to require that 

 8   child support continues past the age of 21 for a 

 9   child with developmental disabilities.  The 

10   reality is that things don't change, 

11   unfortunately, for a child with developmental 

12   disabilities just because you hit that magic 

13   number of 21 years of age.  The reality is that 

14   if that child still requires all those supports 

15   and those resources, then child support needs to 

16   continue.

17                We need to allow for a single parent 

18   who's taking care of a developmentally disabled 

19   child to have that same protection.  And simply 

20   this legislation would require or allow for the 

21   Family Court to accept that petition and take 

22   into consideration the fact that this child is 

23   not independent at the age of 21.

24                If the child is living on their own, 

25   does not require the same supports that they did 


                                                               5185

 1   at the age of 20 or 19 or 17, and they are 

 2   independent, then they would have no need to 

 3   petition the court and continue to receive child 

 4   support.

 5                This is common sense.  Let's allow 

 6   those single parents that are raising a child 

 7   with disabilities to continue to receive that 

 8   child support that they need to live a quality, 

 9   productive life.

10                Thank you, Mr. President.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Carlucci to be recorded in the affirmative.

13                Senator Jacobs to explain his vote.

14                SENATOR JACOBS:   Mr. President, I 

15   just wanted to rise and commend the sponsor of 

16   this bill.  

17                I've just seen it today.  It's a 

18   bill that just struck me that made an immense 

19   amount of sense.  And coming into contact with 

20   parents that have older children, that are single 

21   parents, who are divorced, the immense amount of 

22   time to care for them and cost that is 

23   associated -- and the sponsor is absolutely 

24   correct, that does not end at age 21.

25                Also the fact is that our state has 


                                                               5186

 1   fallen on its obligation to provide housing for 

 2   adult disabled who need that assistance.  We have 

 3   a lot of aging parents who are trying to get 

 4   housing, appropriate housing for these people, 

 5   yet the state is not coming through, so again 

 6   they continue to reside at the parents' house.  

 7                So again, it seems like a step in 

 8   absolutely the right direction, and I commend the 

 9   sponsor for his initiative on this.  

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Jacobs to be recorded in the affirmative.

12                Announce the results.

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1310, Senate Print 4270A, by Senator Skoufis, an 

18   act to amend the Correction 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.)


                                                               5187

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1311, Senate Print 4325, by Senator Sepúlveda, an 

 8   act to amend the Environmental Conservation Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect one year after it shall 

13   have become a law.

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 1311, those Senators voting in 

21   the negative are Senators Akshar, Amedore, 

22   Antonacci, Funke, Gallivan, Griffo, Jacobs, 

23   Jordan, Little, O'Mara, Ortt, Ranzenhofer, 

24   Ritchie and Seward.

25                Ayes, 48.  Nays, 14.


                                                               5188

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1312, Senate Print 4337, by Senator Serrano, an 

 5   act to amend the General City Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the 30th day after it 

10   shall have become a law.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.  

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   1313, Senate Print 4448, by Senator Persaud, an 

21   act to amend Chapter 658 of the Laws of 2002.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               5189

 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, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   1314, Senate Print 4499, by Senator Harckham, an 

11   act to amend the Mental Hygiene Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the 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 BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5190

 1   1315, Senate Print 4522, by Senator Gounardes, an 

 2   act to amend the Vehicle and Traffic Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect on the first of November.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   1316, Senate Print 4536, by Senator Parker, an 

17   act to amend the Domestic Relations Law and the 

18   Family Court Act.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 9.  This 

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

23   shall have become a law.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               5191

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill 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 

11   Local Government, Assembly Bill Number 4420 and 

12   substitute it for the identical Senate Bill 4585, 

13   Third Reading Calendar 1317.

14                ACTING PRESIDENT BENJAMIN:   The 

15   substitution is so ordered.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   1317, Assembly Print Number 4420, by 

19   Assemblymember Zebrowski, an act to amend the 

20   Real Property Tax Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               5192

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1318, Senate Print 4839, by Senator Seward, an 

10   act to amend the Town Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1319, Senate Print 4913, by Senator Gounardes, an 

25   act to provide for the payment of the annual 


                                                               5193

 1   contributions owed and to be owed on behalf of 

 2   the New York City Off-Track Betting Corporation.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 6.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 1319, those Senators voting in 

14   the negative are Senators Antonacci, Flanagan, 

15   Griffo, Helming, Jacobs, Jordan, LaValle, O'Mara, 

16   Orr, Ranzenhofer, Serino, Seward and Tedisco.

17                Ayes, 49.  Nays, 13.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   1320, Senate Print 4931, by Senator Sanders, an 

22   act to amend the Banking Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5194

 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, 62.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                Calendar 1321 is high and will be 

12   laid aside for the day.

13                THE SECRETARY:   Calendar Number 

14   1322, Senate Print 4972, by Senator Rivera, an 

15   act to amend the Public Health 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, 62.


                                                               5195

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1323, Senate Print 4990A, by Senator Biaggi, an 

 5   act to amend the Social Services Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

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

10   shall have become a law.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                There is a substitution at the desk.  

20                The Secretary will read.

21                THE SECRETARY:   Senator Carlucci 

22   moves to discharge, from the Committee on Rules, 

23   Assembly Bill Number 1370C and substitute it for 

24   the identical Senate Bill 5121A, Third Reading 

25   Calendar 1324.


                                                               5196

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1324, Assembly Print Number 1370C, by 

 6   Assemblymember Abinanti, an act to amend the 

 7   Mental Hygiene Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  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:   Ayes, 62.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   1325, Senate Print 5214A, by Senator Brooks, an 

23   act to direct the Division of Veterans Services 

24   and the Division of the Budget to conduct a study 

25   on veterans services.


                                                               5197

 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, 62.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1326, Senate Print 5480, by Senator Rivera, an 

15   act to amend the Public Health 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, 62.


                                                               5198

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                There is a substitution at the desk.  

 4                The Secretary will read.

 5                THE SECRETARY:   Senator Carlucci 

 6   moves to discharge, from the Committee on Rules, 

 7   Assembly Bill Number 6593 and substitute it for 

 8   the identical Senate Bill 5500, Third Reading 

 9   Calendar 1327.

10                ACTING PRESIDENT BENJAMIN:   The 

11   substitution is so ordered.

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   1327, Assembly Print Number 6593, by 

15   Assemblymember Zebrowski, an act to amend 

16   Chapter 329 of the Laws of 2009.

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.


                                                               5199

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                There is a substitution at the desk.

 5                The Secretary will read.

 6                THE SECRETARY:   Senator Carlucci 

 7   moves to discharge, from the Committee on 

 8   Alcoholism and Drug Abuse, Assembly Bill 

 9   Number 7277 and substitute it for the identical 

10   Senate Bill 6361, Third Reading Calendar 1328.

11                ACTING PRESIDENT BENJAMIN:   The 

12   substitution is so ordered.

13                The Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   1328, Assembly Print Number 7277, by 

16   Assemblymember Rosenthal, an act to amend the 

17   Public Health Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the 60th day after it 

22   shall have become a law.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               5200

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Carlucci to explain his vote.

 3                SENATOR CARLUCCI:   Thank you, 

 4   Mr. President.

 5                This Monday I was at Rockland 

 6   Community College teaming up with OASAS, and we 

 7   did a naloxone or a Narcan training.  And it's 

 8   been a great opportunity, and we've trained 

 9   hundreds of people in Rockland and Westchester 

10   counties on how to use naloxone and providing 

11   them with a kit.  And we know that naloxone saves 

12   lives; we're trying to get it in the hands of 

13   more people.

14                What this legislation does is it 

15   provides information for what the Good Samaritan 

16   Law is.  Because we get a lot of questions where 

17   people say, Well, can I administer naloxone?  

18   Will I be held liable?  The answer is, you are 

19   perfectly fine to administer naloxone, just like 

20   you would try to give someone CPR or administer 

21   first aid if you saw they were in trouble.

22                We need to make sure that this 

23   information gets out there.  We have a law on the 

24   books.  And particularly when we talk about the 

25   opioid crisis and people experiencing an opioid 


                                                               5201

 1   overdose, we want to make sure that no one is 

 2   afraid to first-respond and give naloxone and, 

 3   second, to call 911 and call the police and make 

 4   sure that medical attention is brought.

 5                I want to thank Senator Jacobs for 

 6   really bringing my attention to this legislation 

 7   and bringing it forward, because that night on 

 8   Monday when we spoke about the Good Samaritan Law 

 9   is where I got the most questions.  And a lot of 

10   New Yorkers just don't know that they can call 

11   911, the police could respond, and even if there 

12   is drug paraphernalia and drugs there present, 

13   that no one will be held responsible and 

14   arrested.

15                We need to make sure that that 

16   message gets out.  We need to make sure we're 

17   ending the stigma and we're getting medical 

18   attention when it's needed.  So I believe this 

19   legislation will go a long way.  

20                I want to thank my colleagues for 

21   supporting it, and I'll be voting in the 

22   affirmative.  

23                Thank you, Mr. President.  

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Carlucci to be recorded in the affirmative.


                                                               5202

 1                Senator Jacobs to explain his vote.

 2                SENATOR JACOBS:   Thank you, 

 3   Mr. President.  

 4                I had the opportunity in my district 

 5   to partner with local governments, our county 

 6   health department, to do Narcan training.  And 

 7   someone -- in the Town of Tonawanda we had 

 8   training in my district, and a woman came up to 

 9   me two weeks after that training and said, "I 

10   just wanted to tell you that I came to that 

11   training that you had at the local fire 

12   department.  Last week my son overdosed, and 

13   thanks to the training, he is now alive."  

14                So Narcan and -- what it does is 

15   real.  And anything we can do to make it more 

16   available for people to use and certainly making 

17   it -- giving assurance to people that there will 

18   be no consequences legally if they try to do 

19   their best to save someone's life.  

20                This piece of legislation I have 

21   carried for some time.  Senator Carlucci 

22   approached me to partner up on this -- I 

23   appreciate that -- to get this over the finish 

24   line.

25                And additionally, Senator Carlucci 


                                                               5203

 1   approached me to partner on this legislation, and 

 2   I was just so happy, finally, to allow him to 

 3   pass a piece of legislation, because it's so 

 4   rare.  

 5                (Laughter.)

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Jacobs to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1329, Senate Print 6397, by Senator Carlucci, an 

14   act to amend the Public Health Law and the 

15   Insurance Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect on the 120th 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.


                                                               5204

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                Senator Gianaris, that completes the 

 5   reading of the supplemental calendar.

 6                SENATOR GIANARIS:   Can we now take 

 7   up the controversial calendar, please.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   Secretary will ring the bell.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   1285, Senate Print 1687, by Senator Brooks, an 

13   act to establish the Residential Real Property 

14   Tax Relief for Public Education Task Force.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Griffo, why do you rise?

17                SENATOR GRIFFO:   Mr. President, I 

18   believe there is an amendment at the desk.  I 

19   would waive the reading of that amendment and ask 

20   that Senator Antonacci be recognized to speak on 

21   that amendment.

22                ACTING PRESIDENT BENJAMIN:   Thank 

23   you, Senator Griffo.  Upon review of the 

24   amendment, in accordance with Rule 6, Section 4B, 

25   I rule it nongermane and out of order at this 


                                                               5205

 1   time.

 2                SENATOR GRIFFO:   You have that 

 3   memorized.  

 4                (Laughter.)

 5                SENATOR KRUEGER:   As do you.   

 6                SENATOR GRIFFO:   Mr. President, 

 7   accordingly, I would appeal, respectfully, that 

 8   ruling and ask that Senator Antonacci be called 

 9   upon to be heard on that appeal.

10                ACTING PRESIDENT BENJAMIN:   The 

11   appeal has been made and recognized, and 

12   Senator Antonacci may be heard.

13                SENATOR ANTONACCI:   Thank you, 

14   Mr. President.  

15                This amendment is germane because 

16   both the amendment and the bill-in-chief deal 

17   with the same subject, the crushing burden of 

18   property taxes in New York State.  The difference 

19   is this amendment contains the immediate cure, 

20   the restoration of the property tax relief checks 

21   my colleagues on the other side of the aisle let 

22   lapse in the budget they voted for.  

23                It is preposterous to create yet 

24   another task force this session -- the bill today 

25   to study property tax relief -- while we already 


                                                               5206

 1   know that New York State residents pay the 

 2   highest taxes in the country.

 3                Republicans created the original 

 4   STAR program, the STAR rebate checks, enacted the 

 5   property tax cap, and last year when in control 

 6   of this house, stopped 20 billion in new taxes 

 7   and fees proposed by the Assembly and the 

 8   Executive.  

 9                We don't need a new task force to 

10   tell us what we need to do here.  Our residents 

11   need immediate relief.  The evidence of this is 

12   in the numbers of people fleeing this state for 

13   tax-friendly locales.  

14                Fourteen task forces have been 

15   passed this year.  Waiting for three years for 

16   the results of yet another task force won't solve 

17   our problems.  But voting for my amendment means 

18   solving this problem immediately and saving 

19   thousands of property owners billions of dollars.  

20   I urge my colleagues, respectfully, to override 

21   the opinion of the chair.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   Thank 

24   you, Senator Antonacci.  

25                I want to remind the house that the 


                                                               5207

 1   vote is on the procedures of the house and the 

 2   ruling of the chair.  

 3                Those in favor of overruling the 

 4   chair signify by saying aye.

 5                SENATOR GRIFFO:   Show of hands 

 6   requested.

 7                ACTING PRESIDENT BENJAMIN:   A show 

 8   of hands has been requested and so ordered.  

 9                (Show of hands.)

10                THE SECRETARY:   Ayes, 18.

11                ACTING PRESIDENT BENJAMIN:   The 

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

13   is before the house.

14                Are there any other Senators wishing 

15   to be heard?

16                SENATOR GIANARIS:   Mr. President, 

17   can we return this to the noncontroversial 

18   calendar, please.

19                ACTING PRESIDENT BENJAMIN:   Without 

20   objection, so ordered.

21                Read the last section.

22                THE SECRETARY:   Section 6.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               5208

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Flanagan to explain his vote.

 4                SENATOR FLANAGAN:   Thank you, 

 5   Mr. President.

 6                You know, it would be easy for me -- 

 7   and I respect the fact that a number of my 

 8   colleagues are going to vote in favor of this 

 9   legislation.  It would be easy for me to just get 

10   up and say, sure, I want to talk about property 

11   taxes.  But I think it goes well beyond that.  

12   And for me, I feel like I'm kind of at a point of 

13   saturation.  

14                I have hanging in my office campaign 

15   materials from my father's first election back in 

16   1972, running for the Assembly.  And one of the 

17   top three issues -- and I have it in print.  

18   Anyone who wants to look at it, I got it.  In 

19   fact, it's so far back that Richard Nixon was on 

20   his campaign literature.  The issue of the day 

21   was property taxes then.  And unfortunately, it 

22   still is today.  

23                In my estimation, this is too many 

24   people, too long, well-intended, but I can't even 

25   fathom how long it's going to take to get 


                                                               5209

 1   43 people appointed to a task force and then have 

 2   them meet.  

 3                So I look at this, again, saying 

 4   there's too many people, three years is way too 

 5   long, it's kicking the can down the road.  

 6   There's no reason why a hearing can't take place, 

 7   a roundtable can't take place.  There's no reason 

 8   why we can't be voting on pertinent legislation.  

 9                But I have to tell you, I disagree 

10   with the premise of two parts of this 

11   legislation.  Number one, there's a couple of 

12   lines in the legislative intent that tries to 

13   blame the federal government for the changes in 

14   the federal tax law involving SALT deductions.  I 

15   didn't like the SALT deductions when they were 

16   proposed; I certainly didn't like them when they 

17   were enacted.  But to suggest that the property 

18   tax burden in the State of New York is a result 

19   of that change in federal tax law is just simply 

20   inaccurate.

21                When we are looking at things in the 

22   State of New York, it's about economic 

23   development, the creation of jobs, the generation 

24   of revenue and income for the State of New York.  

25   And right now, right now, there is a direct 


                                                               5210

 1   correlation between education funding and the 

 2   income tax in the State of New York.

 3                So I don't think just saying we're 

 4   going to shift over to the income tax and make 

 5   that the premise of what this is all about in 

 6   this legislation is the right way to go.  You 

 7   want to set up a task force?  Again, too many 

 8   people, too long a period of time.  That's one 

 9   thing.  But to say now everything should be 

10   shifted to being largely funded through state 

11   income taxes, that's not an approach that I 

12   believe would be in the best interests of my 

13   constituents.  

14                I care as much about property taxes 

15   as anybody that walks in these halls, whether 

16   you're a lobbyist, a parent, a teacher, a PTA 

17   member.  But at this point, with all the things 

18   we're doing, and looking at things that are being 

19   advanced by the Governor and the Democrats in 

20   both houses, I don't think this is going to work.  

21                And I don't want to have to go back 

22   to my constituents and say, You know what, we've 

23   got to wait three years before we even get a 

24   recommendation.  The time is now.  We have the 

25   capacity and the ability to act.  


                                                               5211

 1                Respectfully, I honor the intention 

 2   of the sponsor, but I disagree with this 

 3   legislation.  And accordingly, because of my 

 4   feelings on behalf of my constituents, I will be 

 5   voting in the negative.  Thank you.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Flanagan to be recorded in the negative.

 8                Senator Gianaris to explain his 

 9   vote.

10                SENATOR GIANARIS:   Thank you, 

11   Mr. President.

12                I do appreciate that my colleagues 

13   in the minority were unable to properly solve the 

14   property tax burdens that faced many New Yorkers 

15   during their last decade in the majority.

16                But for them, since we in the 

17   majority were able to make permanent the property 

18   tax cap in the New York State, something they 

19   were unable to achieve, I would simply say to 

20   them "You're welcome."  

21                But our work is not done, and we're 

22   going to continue to look for more ways to 

23   relieve the tax burden that is causing a lot of 

24   grief for so many people, particularly on Long 

25   Island and in other parts of the state, and our 


                                                               5212

 1   work is not going to stop until we achieve that.  

 2                And I will be voting in the 

 3   affirmative for that reason, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Gianaris to be recorded in the affirmative.

 6                Senator LaValle to explain his vote.

 7                SENATOR LaVALLE:   Thank you, 

 8   Mr. President.

 9                This issue has been discussed, 

10   debated for 30 or 40 years -- so much so that a 

11   number of years ago a very distinguished 

12   researcher from Stony Brook, Dr. Lee Koppelman, 

13   did a study on whether we gained anything by 

14   going to the income tax.  I have a report, it's 

15   on my shelf in my district office, we'll make a 

16   copy and send it to you, Senator Brooks, so you 

17   won't have to wait any longer than a couple of 

18   days to get a copy of what one research report 

19   showed.

20                I vote no.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   LaValle to be recorded in the negative.

23                Senator Jacobs to explain his vote.

24                SENATOR JACOBS:   Thank you, 

25   Mr. President.


                                                               5213

 1                And to Senator Brooks, I will be 

 2   voting for this bill to create this task force, 

 3   but with some trepidations, because I really 

 4   believe it misses the mark.

 5                The task force is going to look at 

 6   the New York State income tax to pick up the 

 7   costs of our education system, compared to our 

 8   current methodology of local property taxes and 

 9   income taxes.  Whether it is our split system of 

10   paying for it, as we have now, or transferring to 

11   the income tax completely, in my mind this 

12   completely misses the mark and it ignores the 

13   elephant in the room.  

14                The elephant in the room is why does 

15   New York State spend 90 percent more per pupil in 

16   education than the national average and have only 

17   marginally better results?  

18                Unless we get our arms around the 

19   amount we are spending on an annual basis -- and 

20   if this spending continues to outpace everything 

21   else in our state, or most everything else in our 

22   state, whether it's property tax or income taxes, 

23   this state over the long term will go bankrupt on 

24   these unsustainable expenses.  

25                We are leading the nation in record 


                                                               5214

 1   education spending with little to show for it, 

 2   and we are leading the nation with the most 

 3   people fleeing the state.  And they are very much 

 4   connected.  I believe this connection is really 

 5   what we need to focus on, and I hope we focus on 

 6   this more in the future here.

 7                Thank you.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Jacobs to be recorded in the affirmative.

10                Senator Lanza to explain his vote.

11                SENATOR LANZA:   Thank you, 

12   Mr. President.

13                I'm going to vote yes in spite of 

14   the fact that I agree with the issues being 

15   raised by my colleagues on this side of the 

16   aisle.  Why not?  Another three years, keep 

17   looking, keep studying.  I don't have faith that 

18   the problem is going to be solved by then, so 

19   maybe this lightning will strike here.  I doubt 

20   it.

21                You know, I know that Senator Brooks 

22   is bringing this to the floor because he's as 

23   frustrated as we are with respect to what's 

24   happening with respect to the tax burden faced by 

25   our constituents all across the state.


                                                               5215

 1                But I have to tell you, I'm amused 

 2   every time I hear about this myth of the days 

 3   when the Republicans controlled the entire state 

 4   government and we had our crack and we couldn't 

 5   solve it.  I mean, people back home, they know 

 6   better.  They know how to add.  They know how 

 7   government works.  

 8                In the years that I've been here, 

 9   the Republicans controlled the Senate for a 

10   number of those years.  Let's not forget, the 

11   Governor has been a Democrat, the Assembly has 

12   been controlled by Democrats.  And so nothing 

13   could happen without the Assembly Democrats 

14   agreeing to it -- who were, in the years that 

15   I've been here, not supportive of cutting taxes.  

16   And again, the Governor has been a Democrat.

17                So -- but times are different.  I've 

18   heard it a number of times here.  In fact, for 

19   six months, guess what, your party controls all 

20   three branches of government.  So if you don't 

21   cut property taxes and you don't cut income taxes 

22   and you don't create a better environment for 

23   businesses and families across New York State, 

24   well, guess what?  There will truly be no one 

25   else to blame but you.


                                                               5216

 1                So let's stop talking about why 

 2   things didn't happen in the past.  Let's move 

 3   forward.  And if you have an answer with respect 

 4   to property taxes and regulations and income 

 5   taxes, let's hear them.

 6                I know this.  I don't need 43 people 

 7   to tell me what the problem is.  The problem in 

 8   the State of New York is -- remember that guy 

 9   that talked about rent? -- the taxes are too damn 

10   high.

11                Thank you, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Lanza to be recorded in the affirmative.

14                Senator Griffo to explain his vote.

15                SENATOR GRIFFO:   Senator Lanza just 

16   kind of stole some of it, because Jimmy McMillan 

17   was right, the rent was too damn high, but more 

18   importantly, the taxes are too damn high.  And 

19   statistics prove that out.

20                The outward migration of this state 

21   continues to each and every year flow south and 

22   flow to different parts of this nation.  That's 

23   unacceptable.  We need to stem that and stop 

24   that.

25                And history will show that the 


                                                               5217

 1   initiatives that you were talking about that were 

 2   really important relative to property tax relief 

 3   were read by the Republican conference.  Whether 

 4   it was the STAR program, the middle-class tax 

 5   cuts, most of the -- the recommendation for a 

 6   state spending cap, all the things that really 

 7   will make a difference and truly bring relief to 

 8   the taxpayers of this state were originated here.  

 9   And we welcome people to come on board and to 

10   embrace this, and also to accept this, and let's 

11   bring them into reality.  

12                So while well-intentioned, in this 

13   particular instance, it's still problematic, 

14   because we want real results, not rhetoric.  We 

15   can do this with committees of the Legislature, 

16   not wait three years.  The people of this state 

17   are leaving.  Statistics prove it.  The census 

18   accentuates that.  So it is imperative right now 

19   that we take actions, because studies aren't 

20   going to make a difference.  Real action and 

21   results will make that difference.

22                So I think right now, from my 

23   perspective, you know, let's cut the rhetoric and 

24   let's really produce results.  Let's not wait 

25   three years.  So while this is well-intentioned, 


                                                               5218

 1   and I love to hear perspective and opinions, I 

 2   want to see something done to stem this erosion.  

 3   And this conference has proposed a number of 

 4   things.  We welcome even new ideas that will 

 5   bring real relief to the taxpayers of this city 

 6   and state so that we are not leading the nation 

 7   in an exodus of population.

 8                So I will vote no.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Griffo to be recorded in the negative.

11                Senator Ortt to explain his vote.

12                SENATOR ORTT:   I'll add my voice to 

13   the chorus.  

14                You know, I'm going to support this, 

15   like many of my colleagues.  I mean, it's a task 

16   force, right?  We've voted on I don't know how 

17   many task forces.  It's a task force agenda.

18                We voted on a task force for 

19   cricket, a task force for suicide prevention.  We 

20   have a task force on task forces, probably.

21                So I'll support it.  What's one 

22   more?  And I think the point, if it results in a 

23   better formula for our schools -- I happen to 

24   represent a lot of rural poor school districts, 

25   who probably will always be rural poor school 


                                                               5219

 1   districts because their property tax base is 

 2   poor.  So if this results in some better funding 

 3   formula, if this results in lower property taxes, 

 4   that would be fantastic.

 5                But there's a lot of people on this 

 6   side of the chamber that aren't holding their 

 7   breath.  Because the expectation is if there's 

 8   even a report in three years -- I mean, there's 

 9   been several task forces since I've been here 

10   never issued any final report.  We have a bill, 

11   somebody goes home, "I supported a task force," 

12   people applaud, no result.

13                So if there's an actual result, an 

14   actual report, if these 43 people, God bless 

15   them, meet and actually come up with a finding 

16   that results in lower taxes, I can think of 

17   several people in this chamber that will support 

18   that.

19                But there's a lot of skepticism 

20   surrounding that, and I think rightfully so -- 

21   not only on whether they meet, but on what the 

22   report would come back.  Maybe it will come back 

23   and say we need to increase taxes.  Taxes aren't 

24   high enough, we need to increase taxes because 

25   our poor districts aren't getting enough money.  


                                                               5220

 1   So we're going to keep the property taxes and 

 2   we're going to increase income taxes to help 

 3   cover the deficit.  

 4                That's what a lot of folks think 

 5   might happen.  And that would be a real shame, 

 6   considering we're the highest-taxed state in the 

 7   country and, as my colleague Senator Jacobs said, 

 8   we already spend more than almost any other 

 9   state, if not more than any state, on higher 

10   education.  

11                So I'm going to support it because, 

12   what the heck, what's one more task force.  If it 

13   results in less taxes, great.  But let's not 

14   engage in revisionist history when it comes to 

15   who's for lowering taxes and who's not.  

16                Mr. President, I vote aye.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Ortt to be recorded in the affirmative.

19                Senator Skoufis to explain his vote.

20                SENATOR SKOUFIS:   Thank you very 

21   much, Mr. President.

22                It's been interesting listening to 

23   this debate, where one colleague from across the 

24   aisle gets up, one of my good colleagues, and 

25   talks about how we haven't been able to cut taxes 


                                                               5221

 1   because the Assembly has always been controlled 

 2   by the Democrats and the Governor has always been 

 3   a Democrat:  You can't blame us for high taxes.  

 4                Okay.  And one of my other good 

 5   colleagues subsequently gets up and says, Well, 

 6   we deserve credit for the STAR program and the 

 7   property tax cap and the middle-class income tax 

 8   cuts.  

 9                Ladies and gentlemen, You can't have 

10   it both ways.  You can't say, oh, well, you can't 

11   blame us for high taxes, we can't do anything 

12   about it because of everyone else, and then in 

13   the next breath say, Oh, well, we take credit, 

14   we're responsible for all these actual tax 

15   actions that have provided relief in recent 

16   years.

17                And so let me just conclude by this.  

18   Yes, property taxes are too damn high.  We've all 

19   identified that problem.  This task force doesn't 

20   look to identify that problem.  This task force 

21   looks to solve that problem that we all identify.

22                And so I thank the sponsor, 

23   Senator Brooks.  And just like a couple of weeks 

24   ago, we took the action of finally having a 

25   hearing -- finally having a hearing about how we 


                                                               5222

 1   can find a better way to fund our schools, 

 2   something that this chamber has never done 

 3   before.  We're now taking another small step, 

 4   admittedly, but at least a step forward.

 5                I vote aye.  Thank you.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Skoufis to be recorded in the affirmative.

 8                Senator Robach to explain his vote.

 9                SENATOR ROBACH:   Yes.  You know 

10   what?  I changed my mind on everything.  I was 

11   going to vote yes; I'm now going to vote no.

12                But I do think it is important that 

13   we talk about this, because this is what people 

14   where I live talk about the most:  Taxes.  And I 

15   agree with Senator Griffo.  People are voting 

16   with their feet.  Whether you live in New York 

17   City or you live in upstate New York, people 

18   leaving the state should be a concern to 

19   everyone.

20                And people do -- Senator Skoufis, 

21   you were in the Assembly.  You know we negotiate 

22   budgets.  We give up spending so we can try and 

23   help taxpayers.  That's the truth.  Did you vote 

24   for the budget?  I think you did.  

25                We voted no because we didn't want 


                                                               5223

 1   to do a billion dollars in new taxes and fees.  

 2   So it's not rhetoric.  It's trying to be 

 3   responsive to the people we represent.  

 4                And while I applaud Senator Brooks, 

 5   this quite frankly is a Band-Aid on a limb being 

 6   cut off.  The time to act is now.  And you're 

 7   right, good or bad, you have the responsibility.  

 8   What I can pledge to you is if you put something 

 9   out that will cut taxes, I can almost guarantee 

10   you that everybody on this side of the aisle will 

11   vote for it, because it's what taxpayers where we 

12   live are desperately crying for.  Not rhetoric, 

13   not studies, not groups of political people being 

14   appointed to do it, but to take some action.  

15   Just once, maybe cut taxes.  

16                And you know what?  The only time we 

17   did it was when the Governor and the Senate was 

18   Republican, and only the Assembly was Democratic.  

19   That's the truth.  That's the facts.

20                So let's get real.  Thank you for 

21   your efforts, Senator Brooks, but we've got to do 

22   better, we've got to do more.  I'm voting no.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Robach to be recorded in the negative.

25                Senator Jackson to explain his vote.


                                                               5224

 1                SENATOR JACKSON:   Thank you, 

 2   Mr. President and my colleagues.  I rise to 

 3   comment.  I'm listening to what is being said.  

 4                And even though I'm on this side of 

 5   the aisle, because I'm way over here and all of 

 6   you are in front of me -- 

 7                (Laughter.)

 8                SENATOR JACKSON:   -- so when you 

 9   say "this side of the aisle," are you speaking 

10   for me also?  

11                (Laughter.)

12                SENATOR JACKSON:   Because I'm a 

13   Democrat from New York City.  

14                And we're talking about a task 

15   force.  And I sure hope when this task force to 

16   talk about tax relief for public education task 

17   force, when it's established, I hope and pray 

18   that it comes back with good results from good 

19   research and analysis in three years.  And I 

20   think we all would hope and expect that.

21                And some of you have said -- and I 

22   know, because I extended one, I guess, task force 

23   for two more years, and it didn't do anything.  

24   No members had any meetings for two years.  So I 

25   agree, to establish a task force and do nothing 


                                                               5225

 1   is not good at all.

 2                But I do say to all of you that I've 

 3   been to districts in this state, when it comes to 

 4   education -- many of you know my involvement in 

 5   education.  And sometimes you have to go the full 

 6   distance to get the results that you need.  And 

 7   the State of New York owes our children 

 8   $4 billion right now.  And our attorney, Michael 

 9   Rebel, and others are litigating that case.  

10   Because quite frankly, if we want our state to be 

11   the Empire State and we want our children to get 

12   a good education so they can get a good job, 

13   whether it's here in New York State or via the 

14   internet to earn money to support their family, 

15   we're going to have to make sure they get a good 

16   education.  So if the task force comes up with a 

17   recommendation to improve the situation, I 

18   support it wholeheartedly.

19                And I ask you, on behalf of the 

20   children of New York State, especially if the 

21   task force is going to come back with real 

22   recommendations, that you support it.

23                And I wholeheartedly support the 

24   task force.  Senator Brooks, I've been on 

25   Long Island, I've been up in Rochester, I've been 


                                                               5226

 1   up in Syracuse, I've been in many parts of our 

 2   state looking at education -- and some small 

 3   rural districts.  And they need a lot of help.  

 4   So if it's going to help all of the children in 

 5   New York State, I support it wholeheartedly.  

 6                I vote aye.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Jackson to be recorded in the affirmative.

 9                Senator Boyle to explain his vote.

10                SENATOR BOYLE:   Mr. President, to 

11   explain my vote.  

12                Hope springs eternal, so that's why 

13   I'm going to support Senator Brooks' legislation.

14                We are probably, if not past the 

15   point of no return, we're very close to it.  

16   People are being taxed out of their homes.  In my 

17   years I've probably done almost a thousand real 

18   estate closings, many hundreds.  And it's very, 

19   very common that you have a senior citizen, 

20   usually the widow, and we're doing the closing 

21   and she's selling her house.  The kids all live 

22   in the neighborhood around, and she's selling her 

23   house and moving south.  The mortgage has been 

24   paid off many years ago.  And I ask them why are 

25   you selling the house?  The taxes.  


                                                               5227

 1                We are literally taxing people out 

 2   of their houses.  They cannot afford the taxes, 

 3   when the mortgage and everything else is long 

 4   paid off.  

 5                When we're looking at a task force, 

 6   I hope -- I think we should make it shorter than 

 7   three years, I'll give you that much.  But other 

 8   states have tried this.  Right?  Michigan tried 

 9   it.  It didn't go very well, changing the funding 

10   system.  And other states have tried it.  So 

11   maybe we have that task force do it in a year and 

12   a half, or a year, and look at what some other 

13   states did.

14                But the significant thing for me -- 

15   and I've had groups come into my district office 

16   advocating -- I've always supported going to the 

17   income tax.  Despite the possible negative 

18   aspects of it, I've supported doing that, and I 

19   hope we do.  However, the groups that come into 

20   my district office have been supportive going to 

21   the income tax.  I say, "That's great, let's talk 

22   about that."  They want to add.  

23                If we're going to go to an income 

24   tax, it's going to replace the property taxes, 

25   not add on top of what we have for property taxes 


                                                               5228

 1   and income taxes.  That's going to be an 

 2   important part of this task force.  

 3                I vote in favor.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Boyle to be recorded in the affirmative.

 6                Senator Tedisco to explain his vote.

 7                SENATOR TEDISCO:   Thank you, 

 8   Mr. President.

 9                It's a beautiful day outside, as we 

10   all know.  And you probably know the answer has 

11   been, unrealistically, when the second floor has 

12   asked, Why do we have taxes so high in New York 

13   State, it's the weather.  Everybody knows it's 

14   not the weather.  Individuals, 189,000, couldn't 

15   afford to live here last year.  That's why 

16   they're leaving the State of New York.

17                If you talk about blaming people, 

18   one side or another, in terms of why we have high 

19   taxes here, I think we can take credit for the 

20   STAR program.  I think we can take credit for the 

21   Enhanced STAR program.  I think we can take 

22   credit for doing everything we can on this side 

23   of the aisle to get the message out:  We live in 

24   upstate New York, property taxes are out of 

25   control in upstate New York, and we need some 


                                                               5229

 1   resolve to that particular problem.

 2                But every time we take one step 

 3   forward, these proposals, and we're able to 

 4   convince the other side, kicking and screaming, 

 5   to do them, the Executive level, the Assembly and 

 6   this body now takes two steps backwards.  That's 

 7   the reason why there continue to be high taxes.  

 8   Because you can do all the events that make it 

 9   look better and feel better and actually be 

10   better than take two steps backwards to make it 

11   worse.

12                If you look at the situation in, 

13   when this new majority took place, here are 

14   majorities, realize this.  We have one voice from 

15   one affiliation from one region of the state 

16   controlling the State of New York.  And I 

17   remember last year during the campaigns, "don't 

18   worry about upstate New York, we're going to take 

19   care of it, we're going to" -- ladies and 

20   gentlemen, I listened.  I don't even hear 

21   crickets.  

22                I hear silence for any upstate 

23   economic expansion plan creating jobs, workers' 

24   compensation reform, broadband in my district in 

25   the 49th.  We couldn't even get Amazon there.  We 


                                                               5230

 1   can't create 25,000 jobs or $27 billion.  We 

 2   don't have any broadband infrastructure in the 

 3   corners of my district.  As I've said before, we 

 4   don't even have cellphone usage.  You need homing 

 5   pigeons or smoke signals to get an emergency 

 6   vehicle.  It's dangerous to live in the upper 

 7   parts of my particular district.  

 8                When you got elected, the Executive 

 9   said on the agenda, that progressive -- but I 

10   call it regressive, because progressive has 

11   "progress" in it.  If your agenda was a time 

12   machine, it would only go backwards in time, 

13   because that's what the agenda has been for six 

14   months here for this session.  Social 

15   experimentation.  Either tax something or 

16   legalize it.  We'll legalize marijuana, we want 

17   to legalize injection sites, we want to legalize 

18   prostitution, we want to legalize driver's 

19   licenses for people who break the law.  Education 

20   with taxpayers' money, healthcare -- and I know 

21   what the end run is on that.  Because if you give 

22   them everything else, you know what, they deserve 

23   to decide on their elected officials in the 

24   government.  We're going to have to give them 

25   voters' rights.


                                                               5231

 1                The Business Council was wrong.  

 2   They were playing the short-term game.  The 

 3   short-term game is yeah, that will create some 

 4   low-level jobs.  The long-term game is when you 

 5   get them elected, they're going to vote for that 

 6   regressive radical liberal agenda that's gotten 

 7   us to the point where 200,000 people left the 

 8   State of New York last year, a million over the 

 9   last eight years.  There will be a half a million 

10   who left after we're done with this agenda, this 

11   particular -- think about it.  

12                We're number one in taxes overall, 

13   or two.  We're in the top five, at least.  We're 

14   number one in Tax Freedom Day in New York State.  

15   We got there finally.  We were number two.  

16   Connecticut and Massachusetts -- or New Jersey 

17   were tied, I believe.  Do you know, I think it's 

18   at least at the end of May or June, for those 

19   people who are watching, the taxpayers, you're 

20   number one in Tax Freedom Day in New York State.  

21   For five and a half or six months, all of your 

22   money goes government, local, state and federal.  

23   You only take a dollar home the end of May or 

24   June.  One dollar to pay your mortgage.  One 

25   dollar to pay your kid's college tuition.  One 


                                                               5232

 1   dollar to buy a vehicle to get to work.  That's 

 2   what tax freedom represents.

 3                Well, socialization will make it 

 4   12 months.  Why don't we just give all their 

 5   money for all 12 months and you dole it out, like 

 6   we want to do with rent control when that comes 

 7   up, what AOC wants to do.  The cows, they can't 

 8   do their business, the planes can't fly.  It's 

 9   not going to work.

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Tedisco --

12                SENATOR TEDISCO:   It's never going 

13   to be socialization -- 

14                ACTING PRESIDENT BENJAMIN:   How do 

15   you vote?  

16                SENATOR TEDISCO:   -- in New York 

17   State.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Tedisco, how do you vote?

20                SENATOR TEDISCO:   I'm going to vote 

21   yes on this, for the reason that --

22                (Laughter.)

23                SENATOR TEDISCO:   -- for the reason 

24   that --

25                (Scattered applause from Democrats.)  


                                                               5233

 1                SENATOR TEDISCO:   -- because I'll 

 2   try anything to get property taxes down in 

 3   New York State.  But what you've got us to with 

 4   your agenda is causing us to have a lot of loss 

 5   in population, a lot of loss in economic 

 6   development.  

 7                And here's the last point I want to 

 8   make.  Millennials, the last research that came 

 9   out, 35 years of age or younger who make over 

10   $100,000, 5500 of them have left the State of 

11   New York.  Number one in millennials leaving 

12   since this agenda took place earlier in January, 

13   of all the states in the nation.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Tedisco -- Senator Tedisco to be recorded --

16                SENATOR TEDISCO:   Thank you.  Thank 

17   you, Mr. President.  

18                ACTING PRESIDENT BENJAMIN:  -- in 

19   the affirmative.

20                Senator Savino to explain her vote.

21                SENATOR SAVINO:   Thank you, 

22   Mr. President.  

23                And as entertaining as that was, you 

24   know, I've been here pretty long now.  I've been 

25   here through Republican governors, Democratic 


                                                               5234

 1   governors, some have left, multiple sides of the 

 2   aisle.  And so here's what I recall, because 

 3   we've been through many task forces trying to 

 4   figure out how to solve this problem.  

 5                And the interesting thing about 

 6   being an elected official in New York State is, 

 7   on the one hand, we like to brag about the amount 

 8   of spending we do on programs.  When we go to our 

 9   school districts, we like to brag that we are -- 

10   as a state, we spend more per pupil than any 

11   state in the country.  That's what we say.  

12                And then in other rooms we complain 

13   about that, because we say our taxes are too 

14   high.  We make those decisions here in this room.  

15   Nobody else did that.  We make those decisions 

16   here in this room, aided and abetted by our local 

17   governments that make those decisions as well.

18                We've tried, over the years, efforts 

19   to reduce spending at the local level.  We have 

20   700 school districts, right?  One of them has 

21   only five students in it, but they still have a 

22   superintendent that earns $365,000 a year.  Makes 

23   no sense to me.  But that's what local government 

24   does.  

25                We've tried to reduce the size of 


                                                               5235

 1   local government, we've tried to incentivize 

 2   that, they refused to do it.  I remember when 

 3   Senator Saland was here and he was chair of the 

 4   Education Committee, he convened a blue-ribbon 

 5   panel to study how to reduce education spending, 

 6   school property taxes, and he came back, after a 

 7   task force, with some recommendations.  And 

 8   number one on the list was local income tax.  

 9   Promptly took that study, put it in a desk drawer 

10   somewhere, and no one has ever seen it since.

11                It's not that complicated to figure 

12   this out.  What it takes is the political will to 

13   go back to our local districts and tell them that 

14   if they want us to reduce our overall spending, 

15   they have to reduce their overall spending.  And 

16   none of us want to do that, because we like what 

17   we spend the money on.  We just don't like the 

18   way we raise the money.

19                So if we want to be senators, let's 

20   be supportive of each other's efforts to try and 

21   find solutions to these problems.  Because we 

22   want to be able to say that we spend more money 

23   per pupil than any state in the country and get a 

24   good result out of it.  We provide healthcare to 

25   people better than any other state in the 


                                                               5236

 1   country, and we should be proud of that.  But it 

 2   costs money.  We should be proud of what we spend 

 3   our money on, and try to figure out ways to 

 4   reduce the cost of it, though.  We can do that 

 5   working together.  

 6                I vote in favor of this.  And 

 7   hopefully this task force and this study won't be 

 8   stuck in the bottom of a desk drawer somewhere 

 9   never to be seen again.

10                Thank you, Mr. President.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Savino to be recorded in the affirmative.

13                Senator Gaughran to explain his 

14   vote.

15                SENATOR GAUGHRAN:   Thank you, 

16   Mr. President.

17                Well, I've been here for almost six 

18   months now, and I've been listening to a lot of 

19   these arguments on both sides.  And I think to 

20   a large extent many of us are saying the same 

21   thing on both sides of the aisle.  

22                But where I do disagree with some of 

23   the comments that were made on the other side of 

24   the aisle is that this has absolutely nothing to 

25   do with the fact that we no longer have a real 


                                                               5237

 1   state and local tax deduction in this country and 

 2   it is really hurting us in this state.  We lost 

 3   $2.3 billion in revenue by the time we got to the 

 4   budget.  And that wasn't just a number that was 

 5   made up, it was a fact, because there were people 

 6   who were changing their residence to other states 

 7   because they could not fully deduct their taxes, 

 8   including their property taxes.

 9                So I thank Senator Brooks for doing 

10   this.  This is such a vital bill.  Obviously it 

11   can't be the only thing we do here to try to 

12   reduce the property tax burden.  But if we don't 

13   address this situation now, especially in light 

14   of the fact that we are getting killed by the 

15   federal government, I don't know what else we're 

16   going to be able to do.  We have to reduce the 

17   burden of property taxes to people on Long Island 

18   that I represent, and all over the state.  

19                So I vote in the affirmative, 

20   Mr. President.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Gaughran to be recorded in the affirmative.

23                Senator Harckham to explain his 

24   vote.

25                SENATOR HARCKHAM:   Thank you, 


                                                               5238

 1   Mr. Chair.  

 2                It's been an interesting 

 3   conversation.  I originally was not going to 

 4   speak, but I'd like to follow up on what Senator 

 5   Savino started.  It was about the local drivers 

 6   of this.  You know, we're here talking about 

 7   ideology and Republicans and Democrats and, you 

 8   know, what we do in this room, you know, driving 

 9   up costs.  

10                And you know, we started the 

11   discussion in Westchester, and so I take it to 

12   Westchester, where I'm from, and we have over 

13   40 police departments in Westchester County.  We 

14   have over 40 departments of sanitation in 

15   Westchester County, over 40 departments of parks 

16   and rec in Westchester County, 40 zoning boards 

17   in Westchester County, 40 planning boards, 

18   40 court systems in Westchester County.  

19                So those are the kind of local cost 

20   drivers that are driving up the property tax, and 

21   that 60 to 70 percent of the property taxes for 

22   local education and the rest is for municipal and 

23   county government.

24                So what political capital are we 

25   going to use locally?  When I was on the county 


                                                               5239

 1   board, we were able to merge the Mount Kisco 

 2   police in with the county police.  We saved them 

 3   a million dollars a year.  And for a small 

 4   village, that's a lot of money.  It was a lot of 

 5   work, a lot of political capital, but we got it 

 6   done.  

 7                Do we want one countywide police 

 8   department?  No, that may not work.  But we've 

 9   got to think in a lot of different terms.  

10                And that's why I applaud 

11   Senator Brooks for doing this, because this is 

12   complex stuff.  Yes, stuff we do in this room 

13   obviously impacts the taxes we pay and how we 

14   fund education.  But there are also a lot of 

15   local drivers to those property tax bills, and we 

16   have to identify what they are so we can show 

17   them to our constituents and they can make 

18   choices.

19                You know, if you want to keep this 

20   local police department, it's going to cost X, 

21   but if you merge with the three towns next to 

22   you, you're going to save Y.  

23                And those are the kind of 

24   computations that we need to do, and I look 

25   forward to this commission doing it.


                                                               5240

 1                Thank you, Senator Brooks.  I vote 

 2   aye.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Harckham to be recorded in the affirmative.

 5                Senator Brooks to close.

 6                SENATOR BROOKS:   Thank you, 

 7   Mr. President.

 8                An interesting evening.  This 

 9   debate, for me, started back in the '90s when I 

10   was on the school board.  One night our State 

11   Assemblyman informed us he was coming into a 

12   board meeting with a group, a tax PAC group, to 

13   discuss our situation in secret.  We had the 

14   highest tax rate in Nassau County.  

15                So I prepared a little study for 

16   him.  When he came in, he was surprised to learn 

17   that Seaford had the lowest-paid superintendent 

18   in Nassau County.  The school district was in the 

19   lowest quadrant of pay in Nassau County.  Our 

20   per-student spending was the lowest in the Nassau 

21   County.  Yet we had the highest tax rates.  

22                We had the highest tax rate because 

23   of the system we designed to pay for education.  

24   It didn't recognize the fact that there was no 

25   commercial property in Seaford.  There still 


                                                               5241

 1   isn't.  There's two candy stores and a milk box.  

 2   There's no business there.  We were a community 

 3   that got no additional aid, we had no commercial 

 4   tax base.  While we had the lowest per-student 

 5   spending, we had the highest taxes.

 6                We built the system built on 

 7   property taxes, residential property taxes.  The 

 8   comment was made that in the bill it makes 

 9   reference to the new federal tax law.  Of course 

10   it does.  We pay for education by state and local 

11   taxes, just what the federal government put a cap 

12   on.  We've got people on Long Island and across 

13   this state that their tax deduction from the 

14   federal government is gone just on their school 

15   taxes, before they've gone anyplace else.

16                Right now we're in the situation, 

17   the numbers I've seen, the cost of the new 

18   federal tax law in this state was about 

19   $15 billion in additional taxes.  On Long Island, 

20   $2.3 billion.  That's a lot of money.  That's a 

21   lot of money we could have put into education to 

22   help bring these schools down.

23                But when you look at the studies, 

24   the spending rate from district to district is 

25   dramatically different.  Sometimes, because of 


                                                               5242

 1   the makeup of the district, they may have a lot 

 2   of special ed students.  Sometimes, if you're in 

 3   the right district and you have a lot of 

 4   commercial property, you can spend all kinds of 

 5   money.  

 6                Senator LaValle remembers in the 

 7   Shoreham-Wading River School District, because of 

 8   Shoreham, they had all kinds of money to spend.  

 9   They were spending a fortune.  They were sending 

10   kids to Europe as part of school because they had 

11   all that revenue.  There was no control.  We 

12   don't control education spending in this state.

13                You look at the committee that we 

14   put together, 43 people.  What a crazy number.  

15   What do you want all those people for?  Because 

16   the way the thing was set up, it involved -- 

17   everybody that takes part in education is in 

18   there:  The teachers, the administrators, the 

19   whole nine yards.  Everybody comes to the table.  

20                And we've got to realize that we're 

21   at a break point now.  We can't go on the way 

22   this is going.  People can't afford these taxes 

23   anymore.

24                You know, I had an opportunity -- 

25   before I came here, I was doing some risk 


                                                               5243

 1   management work and helping some of the counties 

 2   in northern New York and Western New York.  And 

 3   one day I was out playing golf with a teacher up 

 4   in Montgomery County -- St. Lawrence County, 

 5   rather.  And he said to me, "You're from 

 6   Long Island.  Do you still have polo teams there 

 7   for the schools?"  That was the image they had.  

 8                No, we don't have polo teams.  But 

 9   you know what we have?  We have food banks.  

10   Because people aren't rich.  We've got people in 

11   my community that bought houses years ago, maybe 

12   paid $15,000 for them.  They're retired, on 

13   limited incomes.  But the house now is worth 

14   $800,000.  You don't have the option to send a 

15   window to pay your taxes, you've got to come up 

16   with the money.

17                We've got to realize that this 

18   system is broken.  We've got to realize it's not 

19   you did, we did, you did -- we all did.  We 

20   didn't do the job.  The whole idea here is to put 

21   a committee together with everybody involved in 

22   education and look at the entire problem.  The 

23   role of education is changing, the demographic 

24   profile of our school districts is dramatically 

25   changing, and it brings tremendous expense.  


                                                               5244

 1   We're not recognizing that, we're not providing 

 2   the funding.  Phil and I are dealing with a 

 3   school district that basically is broke, and it's 

 4   all because of the demographic change that went 

 5   on.  

 6                We've got to realize we've got a 

 7   problem here and sit down and work at it 

 8   together.  And we've got to realize that the new 

 9   federal tax laws absolutely compounded that 

10   problem.  The people that were paying the highest 

11   property taxes are now paying taxes on their 

12   taxes.  And it's not right.

13                We've got to reexamine what we're 

14   doing in this state.  There's a bill that I 

15   introduced, it's S1707.  Look at it.  It's a 

16   bridge to take care of these three years.  It's a 

17   proposal that puts a cap on the maximum 

18   percentage of tax levy we can put on property as 

19   a percentage of their total spending.  

20                When you look at the numbers -- and 

21   years ago, the first time I got the runs for 

22   every school district and I broke down every 

23   single school district in the state with certain 

24   numbers, and I went to Chuck Fuschillo with it.  

25   He said, "God, you're dangerous with this, the 


                                                               5245

 1   information you have."

 2                You've got districts in this state 

 3   that more than 70 percent of the cost of 

 4   education is being paid by the homeowners in the 

 5   form of taxes.  And you've got districts in this 

 6   state that 80 percent of the cost of education is 

 7   being funded by state aid.

 8                You know, we look at the difference 

 9   in tax from upstate to downstate.  The fellow I 

10   was playing with, he said his taxes are much 

11   higher than mine.  I said, "What are your taxes?"  

12   He says $2500.  I said, "Mine's 13,000."  His 

13   comment was, "Yeah, I'm paying more than you 

14   are."  I says, "How does that work?"  He said, 

15   "Well, the percentage of taxes to the value of my 

16   house versus your house is much higher."  

17                The truth of the matter is we've got 

18   to develop a system where we provide, using 

19   regional cost factors and expense controls, the 

20   funds that they need for every student in your 

21   district.  Take into consideration those with 

22   learning disabilities and people that are new to 

23   this country and the assistance they need, give 

24   every school what they need for the required 

25   programs.  Don't use property taxes.  If you want 


                                                               5246

 1   to expand the program further, then you make 

 2   property taxes then, and it's just for the 

 3   district.

 4                But we have a real problem here.  

 5   It's not a Republican problem, it's not a 

 6   Democratic problem, it's a problem here.  Yes, 

 7   people are leaving here because they can't afford 

 8   it.  We need to sit down, put a group together, 

 9   and work this out.

10                I'm voting aye, Mr. President.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Brooks to be recorded in the affirmative.

13                Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar 1285, those Senators voting in the 

16   negative are Senators Antonacci, Flanagan, Funke, 

17   Griffo, Helming, LaValle and Robach.

18                Ayes, 55.  Nays, 7.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                Senator Gianaris, that completes the 

22   reading of the supplemental calendar.

23                SENATOR GIANARIS:   Mr. President, 

24   if we could return to motions and resolutions, I 

25   have motions.  


                                                               5247

 1                On behalf of Senator Rivera, I wish 

 2   to call up Senate Print 1026A, recalled from the 

 3   Assembly, which is now at the desk. 

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 51, 

 7   Senate Print 1026A, by Senator Rivera, an act to 

 8   amend the Vehicle and Traffic Law and the 

 9   Executive Law.

10                SENATOR GIANARIS:   I move to 

11   reconsider the vote by which this bill was 

12   passed.

13                ACTING PRESIDENT BENJAMIN:   The 

14   Secretary will call the roll on reconsideration.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is restored to its place on the Third 

19   Reading Calendar.  

20                SENATOR GIANARIS:   I offer the 

21   following amendments.

22                ACTING PRESIDENT BENJAMIN:   The 

23   amendments are received.

24                SENATOR GIANARIS:   Mr. President, 

25   amendments are offered to the following bills:  


                                                               5248

 1                On page 14, Calendar Number 431, 

 2   Senate Print 3937A, by Senator Hoylman; 

 3                Page 15, Calendar Number 455, Senate 

 4   Print 1693A, by Senator Krueger; 

 5                Page 43, Calendar 999, Senate Print 

 6   2724A, by Senator Krueger.  

 7                And page 16, Calendar Number 497, 

 8   Senate 4008B, by Senator Mayer.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   amendments are received, and the bills shall 

11   retain their place on the Third Reading Calendar.

12                SENATOR GIANARIS:   I move to amend 

13   Senate 1026A, on behalf of Senator Rivera, by 

14   striking out the amendments made on June 4th and 

15   restoring it to its original print, 1026.

16                ACTING PRESIDENT BENJAMIN:   It is 

17   so ordered.

18                SENATOR GIANARIS:   Please recognize 

19   Senator Griffo.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Griffo.

22                SENATOR GRIFFO:   Thank you, 

23   Mr. President.

24                On behalf of Senator Lanza, I move 

25   that Senate Bill 815 be discharged from its 


                                                               5249

 1   respective committee and be recommitted with 

 2   instructions to strike the enacting clause.

 3                ACTING PRESIDENT BENJAMIN:   It is 

 4   so ordered.

 5                SENATOR GRIFFO:   Thank you.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Gianaris.

 8                SENATOR GIANARIS:   Is there any 

 9   further business at the desk?

10                ACTING PRESIDENT BENJAMIN:   There 

11   is no further business at the desk.

12                SENATOR GIANARIS:   Move to adjourn 

13   until tomorrow, Thursday, June 13th, at 1:00 p.m.

14                ACTING PRESIDENT BENJAMIN:   On 

15   motion, the Senate stands adjourned until 

16   Thursday, June 13th, at 1:00 p.m.

17                (Whereupon, at 5:45 p.m., the Senate 

18   adjourned.)

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