Regular Session - June 18, 2019
6161
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 18, 2019
11 1:56 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
6162
1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN:
9 Reverend Kirk D. Lyons, Sr., the pastor of
10 Vanderveer Park United Methodist Church in
11 Brooklyn, will deliver today's invocation.
12 Reverend Lyons.
13 REVEREND LYONS: Let us pray.
14 {In Hebrew.} Blessed are You,
15 O Lord, and blessed is the day upon us, for this
16 is the day that You have made, and we rejoice and
17 are glad in it.
18 We pray for this legislative body,
19 in whom the people's trust has been invested. We
20 pray today for those who have said yes to the
21 call to serve. We pray today for those who have
22 committed to improving the quality of life for
23 all New Yorkers. We pray today for those who
24 sacrifice their own ambitions for the good of the
25 people.
6163
1 May the trust that has been placed
2 in this body be rewarded with integrity. May the
3 trust that has been placed in this body be
4 rewarded with honesty. May what is fair, what is
5 just, and what is right be the fruit of that
6 trust.
7 May every corner, every crack and
8 every crevice of these hallowed halls be purified
9 by Your peace. May every gathering be garnished
10 with grace. May every deliberation be tempered
11 by a modicum of mercy.
12 Crown Your servants with compassion
13 for the poor, drape them with desire for
14 equality, and anoint them with an appetite for
15 truth. Bless them, O Lord. Bless their health,
16 bless their families, bless their constituents,
17 bless the communities they represent, and bless
18 them to prosper in their good works.
19 And finally, may this legislative
20 body and ultimately this great state be a living,
21 breathing example of what is possible when
22 Your people, who are called by Your name, humble
23 themselves in prayer and submit to Your will.
24 In the name of the Father, in the
25 name of the Son, and in the name of the blessed
6164
1 Holy Spirit, amen.
2 (Response of "Amen.")
3 ACTING PRESIDENT BENJAMIN: Reading
4 of the Journal.
5 THE SECRETARY: In Senate, Monday,
6 June 17, 2019, the Senate met pursuant to
7 adjournment. The Journal of Sunday, June 16,
8 2019, was read and approved. On motion, Senate
9 adjourned.
10 ACTING PRESIDENT BENJAMIN: Without
11 objection, the Journal stands approved as read.
12 Presentation of petitions.
13 Messages from the Assembly.
14 The Secretary will read.
15 THE SECRETARY: On page 9,
16 Senator Ramos moves to discharge, from the
17 Committee on Rules, Assembly Bill Number 364B and
18 substitute it for the identical Senate Bill
19 3344B, Third Reading Calendar 243.
20 ACTING PRESIDENT BENJAMIN: The
21 substitution is so ordered.
22 THE SECRETARY: On page 12,
23 Senator Little moves to discharge, from the
24 Committee on Rules, Assembly Bill Number 4474 and
25 substitute it for the identical Senate Bill 1960,
6165
1 Third Reading Calendar 401.
2 ACTING PRESIDENT BENJAMIN: The
3 substitution is so ordered.
4 THE SECRETARY: On page 21,
5 Senator Kaplan moves to discharge, from the
6 Committee on Rules, Assembly Bill Number 2317B
7 and substitute it for the identical Senate Bill
8 5481B, Third Reading Calendar 658.
9 ACTING PRESIDENT BENJAMIN: The
10 substitution is so ordered.
11 THE SECRETARY: On page 28,
12 Senator Sanders moves to discharge, from the
13 Committee on Rules, Assembly Bill Number 3235 and
14 substitute it for the identical Senate Bill 3223,
15 Third Reading Calendar 898.
16 ACTING PRESIDENT BENJAMIN: The
17 substitution is so ordered.
18 THE SECRETARY: On page 31,
19 Senator Kaplan moves to discharge, from the
20 Committee on Codes, Assembly Bill Number 2333 and
21 substitute it for the identical Senate Bill 5078,
22 Third Reading Calendar 982.
23 ACTING PRESIDENT BENJAMIN: The
24 substitution is so ordered.
25 THE SECRETARY: On page 31,
6166
1 Senator Brooks moves to discharge, from the
2 Committee on Rules, Assembly Bill Number 1093B
3 and substitute it for the identical Senate Bill
4 5285A, Third Reading Calendar 1022.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Gianaris.
14 SENATOR GIANARIS: Please recognize
15 Senator Griffo for a motion.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Griffo.
18 SENATOR GRIFFO: Thank you,
19 Mr. President.
20 I now wish to call up, on behalf of
21 Senator Akshar, Senate Print Number 2461,
22 recalled from the Assembly, which is now at the
23 desk.
24 ACTING PRESIDENT BENJAMIN: The
25 Secretary will read.
6167
1 THE SECRETARY: Calendar Number
2 1419, Senate Print 2461, by Senator Akshar, an
3 act to amend Chapter 455 of the Laws of 2011.
4 SENATOR GRIFFO: Mr. President, I
5 move that we reconsider the vote by which this
6 bill was passed and ask that it be restored to
7 the order of third reading.
8 ACTING PRESIDENT BENJAMIN: The
9 Secretary will call the roll on reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 55.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is restored to its place on the
14 Third Reading Calendar.
15 SENATOR GRIFFO: Mr. President, I
16 now move to discharge, from the Committee on
17 Rules, Assembly Print 8140 and substitute it for
18 the identical Senate bill.
19 ACTING PRESIDENT BENJAMIN: The
20 substitution is so ordered.
21 SENATOR GRIFFO: The Senate bill on
22 first passage was voted unanimously, and I now
23 move that the substituted Assembly bill have its
24 third reading at this time.
25 ACTING PRESIDENT BENJAMIN: The
6168
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1419, Assembly Bill Number 8140, by
4 Assemblymember Woerner, an act to amend
5 Chapter 455 of the Laws of 2011.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: Ayes, 55.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 Senator Gianaris.
19 SENATOR GIANARIS: Mr. President,
20 at this time can you please call an immediate
21 meeting of the Committee on Higher Education in
22 Room 332 -- I'm sorry, Room 124, Mr. President.
23 ACTING PRESIDENT BENJAMIN: There
24 will be an immediate meeting of the
25 Higher Education Committee in Room 124.
6169
1 Senator Gianaris.
2 SENATOR GIANARIS: I move to adopt
3 the Resolution Calendar, with the exception of
4 Resolutions 1979 and 2103.
5 ACTING PRESIDENT BENJAMIN: All in
6 favor of adopting the Resolution Calendar, with
7 the exception of Resolutions 1979 and 2103,
8 please signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT BENJAMIN:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT BENJAMIN: The
14 Resolution Calendar is adopted.
15 Senator Gianaris.
16 SENATOR GIANARIS: Can we now take
17 up previously adopted Resolution 1117, by Senator
18 Gianaris, read that resolution in its entirety,
19 and recognize me on the resolution.
20 ACTING PRESIDENT BENJAMIN: The
21 Secretary will read.
22 THE SECRETARY: Senate Resolution
23 1117, by Senator Gianaris, commemorating the
24 50th Anniversary of the 1969 World Champion
25 "Miracle Mets."
6170
1 "WHEREAS, It is the sense of this
2 Legislative Body to pay tribute to exemplary
3 teams whose notable feats add to the fabric of
4 New York State and inspire our citizenry; and
5 "WHEREAS, This Legislative Body is
6 justly proud to congratulate the New York Mets
7 upon the occasion of the 50th Anniversary of the
8 team's 1969 World Championship season; and
9 "WHEREAS, In the first seven seasons
10 of the team's history, the New York Mets had
11 never achieved a winning record or finished above
12 ninth place; and
13 "WHEREAS, Under the steadfast
14 leadership of manager Gil Hodges, the 1969
15 New York Mets accomplished one of the most
16 dramatic turnarounds in Major League Baseball
17 history, winning 38 of their final 49 games to
18 surge past the Chicago Cubs and earn the National
19 League East Division title with 100 wins; and
20 "WHEREAS, The New York Mets shocked
21 the sports world by defeating the dominant
22 Baltimore Orioles in five games to win the
23 World Series, and the incredible upset earned the
24 team the moniker 'the Miracle Mets'; and
25 "WHEREAS, The New York Mets'
6171
1 thrilling and improbable championship victory was
2 cause for pride and celebration in the Borough of
3 Queens and throughout the state, and this
4 legendary underdog team remains beloved by
5 multiple generations of baseball fans in
6 New York; and
7 "WHEREAS, It is the custom of this
8 Legislative Body to recognize exceptional
9 athletes who distinguish themselves through
10 outstanding achievements and thereby represent
11 this great Empire State with exceptional pride
12 and determination; and
13 "WHEREAS, The 1969 New York Mets
14 will be honored at a 50th Anniversary celebration
15 at Citi Field on June 29, 2019; and
16 "WHEREAS, This auspicious occasion
17 presents a unique opportunity for this
18 Legislative Body to pay tribute to the enduring
19 contributions of the 1969 New York Mets; now,
20 therefore, be it
21 "RESOLVED, That this Legislative
22 Body pause in its deliberations to commemorate
23 the 50th Anniversary of the 1969 World Champion
24 'Miracle Met's; and be it further
25 "RESOLVED, That a copy of this
6172
1 resolution, suitably engrossed, be transmitted to
2 the New York Mets organization."
3 ACTING PRESIDENT BENJAMIN: Senator
4 Gianaris on the resolution.
5 SENATOR GIANARIS: Thank you,
6 Mr. President.
7 As Mets fans, we've become
8 accustomed to experiencing a championship once
9 every 20 or 30 years, unfortunately. But when
10 those teams come around, they are memorable and
11 historic. And this represents the 50th year of
12 the 1969 Miracle Mets, who won the World Series
13 and turned New York City upside down in 1969. It
14 is a team whose legacy lives on to this day.
15 And we are very fortunate to be
16 joined by Art Shamsky, who was a member of that
17 team. He's with us here in the chamber today to
18 help us remember the great accomplishments of
19 that team. In fact, he was reminding me that
20 next weekend many of the surviving members of
21 that team will be at Citi Field for a ceremony
22 honoring their 50th anniversary celebration.
23 But just a couple of words about
24 Mr. Shamsky, who is a distinguished New Yorker,
25 lives in Manhattan, and was a very accomplished
6173
1 member of that team -- in fact, I believe he
2 batted cleanup for much of the playoff run
3 leading up to the World Series -- and is also
4 someone who is a member of the Jewish Sports Hall
5 of Fame, which people have been making jokes
6 about all day. But nonetheless, he is one of the
7 more accomplished members of the Jewish faith who
8 has been successful in athletics in the
9 United States.
10 He is someone who gives of his time,
11 who's philanthropic and appears at causes
12 throughout New York. We appreciate him being
13 with us today.
14 And I think, in addition, to all his
15 amazing accomplishments, one thing that sticks
16 out for me is that the dog in "Everybody Loves
17 Raymond" was named after Art Shamsky.
18 (Laughter.)
19 SENATOR GIANARIS: So I don't know
20 which of those things he appreciates more. But I
21 think the World Series ring, which he's still
22 wearing as he joins us today, is with him.
23 So, Mr. President, can you please
24 welcome Mr. Shamsky to the Senate chambers, and
25 may we all celebrate the great Mets team of 1969,
6174
1 because I don't know if this year's team is going
2 to make it.
3 (Laughter.)
4 SENATOR GIANARIS: You know,
5 this -- I know, there's gasps, but as a Mets fan,
6 we've got to look at things realistically. Maybe
7 they'll turn it around. They did it in '15.
8 But, Mr. President, please recognize
9 Mr. Shamsky and join us all in celebrating the
10 1969 team's accomplishments.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Bailey on the resolution.
13 SENATOR BAILEY: Thank you,
14 Mr. President. Let's go, Mets!
15 (Reaction from members.)
16 SENATOR BAILEY: I know that may
17 seem as a surprise that I would say something
18 like that, considering that I wear my Bronx on my
19 sleeve. But I became a Mets fan in the mid to
20 late '80s because of the accomplishments of
21 Dwight Gooden and Darryl Strawberry when the 1986
22 New York Mets won their first and only
23 championship in my lifetime.
24 But having grown up being a Met fan
25 and learning about the accomplishments of Art
6175
1 Shamsky and Tommie Agee -- and when you went to
2 Shea Stadium and you sat in "Tommie's corner" all
3 the way up in the bleachers, that meant a lot, as
4 a kid who grew up in the Bronx with a father
5 who's a Yankees fan. I don't know how that
6 happened, Mr. President, how I became a Met fan.
7 But the Mets mean something to me in
8 terms of the blue-collar nature, the hard work of
9 the city. The Mets are -- and I have my orange
10 and blue on, coincidentally, Mr. President. They
11 mean a lot to me, and those Miracle Mets, those
12 amazing Mets, whichever nickname that you want to
13 use for them, they meant a lot to the city.
14 And I would join Senator Gianaris,
15 my fellow Met fan, and the rest of the Mets
16 caucus here that we have in the State Senate, in
17 joining in the accomplishments of Mr. Shamsky and
18 all that you've done for not just -- not just in
19 baseball, but what you've done for the city and
20 what you've done for the collective hope of us
21 baseball fans.
22 And no matter what happens this
23 year, there's always going to be a next year.
24 Let's go, Mets, Mr. President.
25 (Scattered applause.)
6176
1 ACTING PRESIDENT BENJAMIN: Senator
2 Ramos on the resolution.
3 SENATOR RAMOS: Hi, Mr. Shamsky,
4 thank you so much for giving us so many joys. I
5 have the utter honor, pleasure of being the State
6 Senator for Citi Field and the New York Mets,
7 which is a lifelong dream for anyone who cares to
8 root for our home team.
9 Being South American, of course,
10 baseball isn't necessarily our first sport, but
11 being the first American born in my country, it
12 was certainly the way I was able to connect with
13 many of my peers growing up. And so going to
14 Shea and now Citi Field very regularly, I have to
15 say that the Mets despite, you know, forcing us
16 to live a life of misery sometimes --
17 {sighing} -- still keeps us believing. Because
18 you've gotta believe, right?
19 We're hoping that things will pick
20 up this season. And let's go, Mets!
21 ACTING PRESIDENT BENJAMIN: Senator
22 Little on the resolution.
23 SENATOR LITTLE: Thank you,
24 Mr. President.
25 I represent upstate New York, and I
6177
1 probably have one of the most avid Mets fans in
2 upstate New York in my fourth child, my son Tom.
3 And he's a great sportsman, and he is the one and
4 only Mets fan that I've met in upstate New York.
5 (Laughter.)
6 SENATOR LITTLE: But on behalf of
7 him, I'd just like to congratulate you and say
8 thank you for being here.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Antonacci on the resolution.
11 SENATOR ANTONACCI: Welcome to our
12 guest.
13 I represent the City of Syracuse and
14 Onondaga County, and we have the AAA affiliate of
15 the New York Mets, the new Syracuse Mets. We
16 just changed our name. We were bought by Mets
17 ownership. And I find myself occasionally
18 rooting for a slight injury -- not anything
19 serious -- so those great Met Major League
20 ballplayers can come through and help us with
21 attendance.
22 But it's a great affiliation so far.
23 We're really excited about it. And the better
24 the Mets do in New York, the better the Mets will
25 do in Syracuse.
6178
1 So welcome.
2 ACTING PRESIDENT BENJAMIN: To Art
3 Shamsky -- oh, Mets-ger. Senator Metzger on the
4 resolution.
5 SENATOR METZGER: Well. Hey, watch
6 it.
7 (Laughter.)
8 SENATOR METZGER: So yes, it's not
9 just the name Mets-ger, that's not the only
10 reason I'm standing. But also I'm originally
11 from Queens and a lifelong Mets fan, and so happy
12 to support this resolution.
13 They say you can take the girl out
14 of Queens, but you can't take the Queens out of
15 the girl, and that's true with the Mets.
16 So I'm very happy to support this
17 resolution. Thank you.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Seward on the resolution.
20 SENATOR SEWARD: Thank you very
21 much, Mr. President.
22 I'm very honored to be from the
23 Cooperstown area, where the Baseball Hall of Fame
24 is located. And we're honoring the 1969 Mets,
25 the amazing Mets today, and that milestone year
6179
1 for them.
2 But I'm delighted that a number of
3 Mets have made it into the Baseball Hall of Fame.
4 And each year when the returning Hall of Famers
5 come back to Cooperstown for Induction Weekend,
6 I've had the opportunity to meet many of them and
7 have greatly enjoyed that. So no question, as
8 one of our New York teams in terms of baseball,
9 the Mets have really done us proud over the
10 years.
11 I know when my son was growing up,
12 he was a big Mets fan, and once a year I'd take
13 him down to the old Shea Stadium. We always
14 enjoyed those days.
15 But I think this is a very, very
16 special year, 1969. One of the reasons that's
17 special, that's the year I graduated from high
18 school. But also, of course, the World
19 Championship on the part of the Mets.
20 You know, I carry a bill which I
21 hope we will see before the end of the session
22 that names baseball as the official sport in the
23 New York State. And it passed last year, and we
24 hope to get it passed again this year. And I
25 think this might be a good time to bring that
6180
1 bill out; we're all celebrating the Mets and
2 baseball and what that means to New Yorkers.
3 And so I stand to congratulate all
4 of you, and to proudly, proudly support this
5 resolution.
6 ACTING PRESIDENT BENJAMIN: To Art
7 Shamsky -- Senator Krueger on the resolution.
8 (Laughter.)
9 SENATOR KRUEGER: Thank you very
10 much.
11 Welcome. People who know me here
12 know I know almost nothing about sports. But I
13 did want to get up and say apparently you're my
14 constituents, so I'm delighted to have you here
15 today. And I am very proud of New York's
16 baseball teams, both of them -- that's how I
17 avoid getting into any trouble.
18 Again, beyond that, you really
19 shouldn't ask me anything about sports.
20 Thank you, Mr. President.
21 ACTING PRESIDENT BENJAMIN: To
22 Art -- the third time is a charm. To Art
23 Shamsky, I welcome you on behalf of the Senate.
24 We extend to you all of the privileges and
25 courtesies of this house.
6181
1 Please rise and be recognized.
2 (Enthusiastic standing ovation.)
3 ACTING PRESIDENT BENJAMIN: The
4 resolution was previously adopted on April 30th.
5 Senator Gianaris.
6 SENATOR GIANARIS: Mr. President,
7 at this time we're going to simultaneously call a
8 meeting of the Rules Committee and continue with
9 our resolutions. So please call a meeting of the
10 Committee on Rules in Room 332.
11 ACTING PRESIDENT BENJAMIN: There
12 will be an immediate meeting of the
13 Rules Committee in Room 332.
14 Senator Gianaris.
15 SENATOR GIANARIS: Before we get to
16 the next resolution, please recognize Senator
17 Krueger for a brief introduction.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Krueger for an introduction.
20 SENATOR KRUEGER: Thank you so
21 much, Mr. President.
22 I know the day is very busy and
23 we're all running around, but I wanted to be able
24 to recognize four guests we have with us today.
25 They are all legislators from the great State of
6182
1 Illinois. We have Kimberly Lightford, the
2 Majority Leader of the Illinois State Senate. We
3 have Sonya M. Harper, representative from the
4 Illinois State House. We also have
5 Representative Kelly Cassidy from the House, and
6 Senator Heather Steans from the Senate.
7 All four women are here today, they
8 all hail from the area of Chicago, from the great
9 state of Illinois, where I lived for many years.
10 I'm delighted to have them here.
11 And they're here speaking to many of
12 us about the bill that Illinois just passed into
13 law for legalized marijuana. So I appreciate
14 their coming to New York to give us their wisdom
15 and for taking time to trek to Albany.
16 And I just wanted to offer to you,
17 Mr. President, to welcome them here.
18 (Applause.)
19 ACTING PRESIDENT BENJAMIN: Senator
20 Gianaris.
21 SENATOR GIANARIS: Can you now
22 recognize Senator Boyle for another introduction.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Boyle for an introduction.
25 SENATOR BOYLE: Thank you,
6183
1 Mr. President.
2 My colleagues, choking is the fourth
3 leading cause of accidental death. We all read
4 the stories, the tragic stories in our papers
5 about an elderly person, perhaps in a restaurant;
6 a disabled individual in a facility; God forbid,
7 a child in a school, who chokes to death after
8 the Heimlich was tried and did not work.
9 We are joined today by Arthur Lih, a
10 brilliant inventor who came up with a complex but
11 simple device called the LifeVac. It works to
12 dislodge -- it's an airway clearance device.
13 It's dislodges something from the throat after
14 the Heimlich maneuver is tried and does not work.
15 He's from Massapequa, right here on
16 Long Island, and he manufactures his device,
17 LifeVac, in Brentwood, in Monica Martinez's
18 district.
19 This is a live-saving device that's
20 going to change the course of choking throughout
21 the world. The device already has 25 saves, and
22 it's going to have many more. I think this is
23 something that should be -- or a similar
24 airway-clearance device like LifeVac -- in our
25 schools, in our restaurants.
6184
1 We want to congratulate him on the
2 great saves that he had. He recently had a save
3 of a one-year-old in the Midwest. And Arthur,
4 thank you so much.
5 And please offer him the courtesies
6 of the house, Mr. President.
7 ACTING PRESIDENT BENJAMIN: We
8 welcome you on behalf of the Senate. We extend
9 to you all of the privileges and courtesies of
10 this house. Let's recognize you at this time.
11 (Standing ovation.)
12 ACTING PRESIDENT BENJAMIN: Senator
13 Bailey.
14 SENATOR BAILEY: Please take up
15 Resolution 2103, by Senator Sanders, read that
16 resolution in its entirety, and recognize
17 Senator Sanders on the resolution.
18 ACTING PRESIDENT BENJAMIN: The
19 Secretary will read.
20 THE SECRETARY: Senate Resolution
21 2103, by Senator Sanders, recognizing October 1,
22 2019, as China Day, and the first week of October
23 2019 as Chinese American Heritage Week, to
24 strengthen the friendship and bilateral
25 relationship between the State of New York and
6185
1 Chinese Americans.
2 "WHEREAS, The United States
3 officially normalized relations with the People's
4 Republic of China in 1979 to sustain a close
5 bilateral relationship and to advance mutual
6 security and commercial interests between the
7 U.S. and China; and
8 "WHEREAS, The United States and
9 China share a long-term economic relationship,
10 with $659.8 billion in bilateral trade in 2018,
11 making China the largest trading partner of the
12 United States; and
13 "WHEREAS, The State of New York
14 exported $3.3 billion worth of products to China,
15 making the 8th largest foreign market for the
16 State of New York, and the bilateral trade and
17 investment have created tens of thousands of jobs
18 in the State of New York; and
19 "WHEREAS, Chinese Americans helped
20 completed the Transcontinental Railroad, and one
21 in five Chinese Americans enlisted to serve in
22 World War II; and
23 "WHEREAS, The State of New York is
24 home to thriving overseas ethnic Chinese
25 communities that support the People's Republic of
6186
1 China, including the America Chinese Development
2 Center, Asian American Community Empowerment,
3 American Chinese Commerce Association, and that
4 have devoted themselves to the harmony and
5 development of the community of the State of
6 New York; now, therefore, be it
7 "RESOLVED, That this Legislative
8 Body pause in its deliberations to recognize
9 October 1, 2019, as China Day, and the first week
10 of October 2019 as Chinese American Heritage
11 Week, to strengthen the friendship and bilateral
12 relationship between the State of New York and
13 Chinese Americans; and be it further
14 "RESOLVED, That copies of this
15 resolution, suitably engrossed, be transmitted to
16 President Xi Jinping of the People's Republic of
17 China and to Consul General Huang Ping of the
18 Consulate General of the People's Republic of
19 China in New York."
20 ACTING PRESIDENT BENJAMIN: Senator
21 Sanders on the resolution.
22 SENATOR SANDERS: Thank you,
23 Mr. President.
24 Today is indeed a great day that we
25 have. This is a time that we find ourselves in
6187
1 stormy waters politically, but this is a time
2 when we need to really figure out how we can move
3 forward.
4 So I am glad and I want to recognize
5 and thank the Consul General Huang Ping, who is
6 the Consul General of the People's Republic of
7 China in New York, and his group, which is now in
8 the Senate chamber.
9 This resolution that I am
10 introducing today acknowledges, of course,
11 October 1 is China Day and the first week of
12 October 2019 is Chinese American Heritage Week
13 for the purpose of strengthening the friendship
14 and bilateral relations between the State of
15 New York and Chinese Americans.
16 The State of New York and the nation
17 are home to a thriving overseas Chinese
18 community. Their presence is of course a
19 positive contribution to our society. The
20 history of America and China go a long way back.
21 New York and China engaged in trade going back to
22 the 18th century, and both nations were allies
23 during World War II.
24 It has been nearly 40 years since
25 the U.S. officially normalized relations with the
6188
1 People's Republic of China in 1979. Since then,
2 the U.S. and the People's Republic of China have
3 had a constructive engagement through trade,
4 tourism, academia, and cultural affairs. I hope
5 that our two countries will continue this
6 constructive engagement and promote peace and
7 prosperity for the future.
8 China is currently our largest
9 goods-trading partner in two-way trade, and this
10 we have to really remember. In terms of the
11 Empire State, we export to China more than
12 $3,442 million in goods and services.
13 And there's so much that could be
14 said, except that I want to say that the warmth
15 that the delegation has shown to us is one that I
16 personally wanted to note. The Consul General
17 has done an amazing job in making sure that the
18 people of New York know and understand their
19 concerns, and he takes back our concerns.
20 So on behalf of the Consul General,
21 who wanted to make sure that I said thank you to
22 everyone in here, I want to thank him. And
23 Mr. President, if you can welcome the Consul
24 General and his party, thank you very much.
25 Thank you.
6189
1 ACTING PRESIDENT BENJAMIN: Senator
2 Carlucci on the resolution.
3 SENATOR CARLUCCI: Thank you,
4 Mr. President.
5 I want to thank Senator Sanders for
6 putting forth this important resolution, and
7 particularly want to thank Consul General Huang
8 Ping and your whole delegation for visiting us
9 here today and, more importantly, for what this
10 resolution represents: First, October 1st being
11 China Day in the State of New York, and then the
12 first week of October being Chinese Heritage Week
13 in the State of New York.
14 And as we all know, we've been
15 blessed with so many Chinese Americans working in
16 New York State, living, raising a family,
17 contributing to our economy and almost every part
18 of our society, whether it's cuisine, culture,
19 medicine -- the list goes on and on.
20 And as was said by Senator Sanders,
21 that last year New York exported over
22 $3.4 billion worth of goods to China. And it's
23 important that we remember and recognize that
24 regardless of what we see happening on the
25 federal level, that we need to do our part to
6190
1 maintain a relationship with China and we have to
2 recognize that Consul General Huang Ping has been
3 outgoing in making sure that that relationship
4 continues and that Chinese people here in
5 New York thrive with all New Yorkers. We thrive
6 together.
7 So I'm honored and privileged to be
8 on this resolution and want to recognize that
9 China day is also my youngest son's birthday, so
10 we've got something else to celebrate as well.
11 But thank you, Mr. President, and
12 I'll be supporting the resolution.
13 ACTING PRESIDENT BENJAMIN: The
14 question is on the resolution. All in favor
15 signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT BENJAMIN:
18 Opposed?
19 (No response.)
20 ACTING PRESIDENT BENJAMIN: The
21 resolution is adopted.
22 To the Consul General of the
23 People's Republic of China and his delegation, I
24 welcome you on behalf of the Senate. We extend
25 to you all of the privileges and courtesies of
6191
1 this house. Please rise and be recognized.
2 (Standing ovation.)
3 ACTING PRESIDENT BENJAMIN: Senator
4 Bailey.
5 SENATOR BAILEY: Please take up
6 Resolution 1979, by Senator Ortt, read that
7 resolution title only, and recognize Senator Ortt
8 on the resolution.
9 ACTING PRESIDENT BENJAMIN: The
10 Secretary will read.
11 THE SECRETARY: Senate Resolution
12 1979, by Senator Ortt, honoring United States
13 Army Staff Sergeant David Bellavia upon the
14 occasion of his designation as a recipient of the
15 Medal of Honor.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Ortt on the resolution.
18 SENATOR ORTT: Thank you,
19 Mr. President.
20 I rise today to recognize a
21 constituent of mine and someone that is known to
22 most of my colleagues in Western New York and who
23 is probably or will be known now to the rest of
24 the United States of America, because he is only
25 one of 3,400 and now 69 Americans to ever receive
6192
1 our nation's highest military honor. When you
2 think about the millions who have served in the
3 armed forces, that is pretty humbling and
4 impressive, as it should be, for our highest
5 award.
6 He's also the only living Iraq
7 veteran to receive the Medal of Honor. Every
8 other recipient from the conflict in Iraq died in
9 the line of duty and received this award
10 posthumously.
11 I wish we could have done this on a
12 different day, a different week when we didn't
13 have the end of session going on and we could
14 have everyone here, because -- and I wish we had
15 been able to have Staff Sergeant Bellavia here in
16 the chamber. But because of the timing and all,
17 and for a lot of other factors, he was unable to
18 be here with us today.
19 But for those that don't know, Staff
20 Sergeant Bellavia was born on November 10, 1975.
21 He grew up in Orleans County, went to Lyndonville
22 High School, attended the University of Buffalo,
23 where he was a theater major, and ultimately
24 joined the United States Army.
25 After the terror attacks on 9/11,
6193
1 Staff Sergeant Bellavia felt his country needed
2 him, and he chose to stay in the Army and
3 continue to serve. That sense of duty had been
4 ingrained in him since he was a child by his
5 grandfather, Joseph Brunacini, who also served in
6 the Army during the Normandy campaign in
7 World War II. And of course we just a few weeks
8 ago celebrated the 75th anniversary of D-Day, so
9 I think that's a very nice linkage there.
10 In the summer of 2003, Staff
11 Sergeant Bellavia's unit deployed to Kosovo for
12 nine months before receiving orders to deploy
13 directly to Iraq in support of Operation Iraqi
14 Freedom. From February 2004 to February 2005,
15 Staff Sergeant Bellavia and the 2nd Battalion,
16 2nd Infantry Regiment, were stationed in the
17 Diyala Province along the Iranian border.
18 Throughout the year, his task force took part in
19 the Battles of Najaf, Mosul, Baqubah, Muqdadiyah,
20 and Fallujah, and it's here that I want to talk
21 about his actions at the Battle of Fallujah.
22 Now, these actions are fairly
23 graphic, but I think it's so important because
24 very often today we do not really talk about what
25 our soldiers go through in combat. We don't talk
6194
1 about what they actually confront in order to
2 keep us free, in order to protect our interests
3 and our values and our way of life. All the
4 parades and all the memorials and all of that is
5 great, but I think it's important that we not
6 sort of glance over what our soldiers, what our
7 men and women -- who are sent because they want
8 to serve, but they're also sent because people
9 like us, in decisions and in positions like
10 ourselves, make decisions that put them in harm's
11 way. And sometimes those actions lead to this
12 kind of recognition -- for Staff Sergeant
13 Bellavia, a Medal of Honor. But I want you to
14 understand why he's the only living Iraqi veteran
15 to receive -- or the only living Medal of Honor
16 recipient from the Iraq conflict.
17 November 10, 2004, Staff Sergeant
18 David Bellavia was serving as a squad leader in
19 support of Operation Phantom Fury in Fallujah.
20 Staff Sergeant Bellavia and his unit were
21 clearing a block of 12 houses. The first nine
22 houses were cleared, until the tenth house, when
23 his squad began to take fire. Because of a
24 malfunction with a Bradley support vehicle that
25 was shadowing and providing overwatch and
6195
1 covering the fire for his squad, Staff Sergeant
2 Bellavia and his squad would have to engage
3 anti-Iraqi forces without it.
4 Two insurgents operating machine
5 guns under a stairwell had been waiting for this
6 squad with other anti-Iraqi forces opening fire
7 from an above window. Staff Sergeant Bellavia's
8 squad was trapped. Two soldiers were bleeding
9 from shattered glass, and one additional soldier
10 had been grazed by a bullet. At this point Staff
11 Sergeant Bellavia exchanged his rifle, which had
12 taken a bullet to the magazine, for an M249 squad
13 automatic weapon, otherwise known as a SAW, and
14 he entered into a room where two insurgents were
15 under the stairwell waiting to engage him.
16 Bullets were hitting the wall behind
17 him. This gave his soldiers time to escape the
18 house and move onto the street, where a now
19 operational Bradley vehicle was located. Staff
20 Sergeant Bellavia called on the Bradley to fire
21 on the building where the insurgents were
22 located. After suppressive fire, Staff Sergeant
23 Bellavia reentered the house to ensure that the
24 house was cleared.
25 Upon reentering the house, he heard
6196
1 two insurgents talking and engaged them. He was
2 forced to find cover after receiving return fire.
3 After the exchange of gunfire had stopped, he
4 looked back into the room to see one insurgent
5 loading a rocket-propelled grenade. He reengaged
6 and eliminated this enemy, knowing the RPG would
7 be devastating to his squad members outside.
8 He then turned his attention to the
9 second insurgent and wounded him. The wounded
10 insurgent retreated into the building's kitchen.
11 After this fire fight, Staff
12 Sergeant Bellavia exchanged his SAW for an M4
13 rifle and a shotgun. While clearing the
14 remaining rooms, a third insurgent attacked him
15 from the building's stairwell. He took cover
16 along a wall in a bedroom and was then engaged by
17 the previously wounded insurgent from the
18 kitchen, who was blindly firing his AK-47.
19 After eliminating this threat, he
20 was reengaged by the insurgent on the stairwell.
21 Staff Sergeant Bellavia quickly eliminated this
22 enemy combatant, his third kill.
23 Suddenly a fourth insurgent appeared
24 from a wardrobe and began to fire upon Staff
25 Sergeant Bellavia, who was able to take cover and
6197
1 narrowly escape the flying bullets. Staff
2 Sergeant Bellavia returned fire, injuring this
3 insurgent. This insurgent, while falling to the
4 floor from being hit, was able to respond with a
5 burst of bullets from his weapon. He was then
6 able to pick himself up and head up the stairs to
7 the second floor.
8 Staff Sergeant Bellavia followed the
9 blood trail from the wounded insurgent up the
10 stairs, where he heard the insurgent writhing in
11 pain. He tossed a grenade into the room where
12 this insurgent was located. The force from the
13 grenade blew the wounded insurgent out the second
14 story window.
15 Wounded from the previous fire fight
16 and shrapnel from the grenade, the insurgent
17 attempted to alert his fellow combatants of Staff
18 Sergeant Bellavia's location before he succumbed
19 to his injuries.
20 Exhausted both physically and
21 mentally, Staff Sergeant Bellavia took off his
22 Kevlar helmet, set down his weapon, and had a
23 cigarette while he waited for his fellow soldiers
24 to arrive.
25 While waiting, a final insurgent
6198
1 jumped from the third-story roof to the
2 second-story balcony and landed just a few feet
3 from where Staff Sergeant Bellavia was. The
4 insurgent's knees buckled as he landed, and he
5 dropped his weapon. This gave Staff Sergeant
6 Bellavia just enough time to suppress him with
7 his rifle. When the wounded insurgent attempted
8 to raise his weapon again, Staff Sergeant
9 Bellavia unloaded the rest of his magazine,
10 causing the insurgent to fall off the roof into
11 the garden below.
12 Staff Sergeant Bellavia was then
13 called back inside to move his unit out of the
14 area due to an incoming close air support
15 mission.
16 That night, Staff Sergeant Bellavia
17 single-handedly saved his entire squad and risked
18 his own life for his fellow soldiers. He
19 voluntarily entered and cleared an insurgent
20 strong point, killing four and wounding a fifth.
21 His actions stand as a testament to those who
22 risked their lives for their squad mates on the
23 battlefield.
24 Pretty graphic stuff. But it is
25 something that so many other soldiers who never
6199
1 receive a Medal of Honor go through. And Staff
2 Sergeant Bellavia's comments when he received the
3 Medal of Honor, they were all about these other
4 soldiers. They were all about those members of
5 his squad who he protected. And as a squad
6 ladder, that is one of your most coveted
7 responsibilities, to accomplish your mission but
8 to make sure that your men get back home. And he
9 did that, under unbelievable conditions.
10 But I know he also talked about all
11 of the soldiers that I know he knows that never
12 came back home. Because in the military, the
13 Army, you're always taught it's about team and
14 it's about unit and it's about teamwork and
15 working as an organization, as a team. And then
16 you receive an award that's very much an
17 individual award. A Medal of Honor is given to
18 one person.
19 And it's got to be very hard to
20 contrast that feeling that you're being
21 individually honored and you're being
22 individually hailed, but all you think about are
23 the soldiers that didn't get back home. And
24 that's true for every single soldier who comes
25 back from combat, because we all know someone who
6200
1 didn't make it back. And I know, because he's
2 made comments to that effect, that Staff Sergeant
3 Bellavia feels exactly the same way.
4 And I will simply say that again
5 it's my honor, along with my colleagues, to
6 support this resolution, to bring this resolution
7 to the floor. It is not every day -- we do
8 resolutions every day, and they're all for
9 various causes. And to the people who are being
10 recognized or to the causes being outlined, I
11 know it's important. But we don't get to honor a
12 Medal of Honor recipient every day. We don't get
13 to hear a story like this.
14 So when you think you're having a
15 bad day or when you think the week in Albany has
16 gone on too long or when you're taking heat from
17 your voters or constituents or you're pining over
18 a hard decision, just think about Staff Sergeant
19 Bellavia on this day, who made the right choice
20 time and again to protect his -- members of his
21 squad, to take out the enemy, and to accomplish
22 the mission on behalf of all of us. On behalf of
23 all of us.
24 Because the flag and the freedoms
25 and the Constitution and the rights that we have,
6201
1 all these things we talk about here, it's not
2 possible without actions like this. On some
3 level, at some point, it is actions like those
4 exemplified by Staff Sergeant Bellavia that make
5 all of those things possible and make all of
6 those things real.
7 And so it is a great honor for me to
8 stand up not only as a veteran and the ranker on
9 the Veterans and Military Affairs Committee here
10 in the Senate, but as the Senator for this
11 district, on behalf of my constituent, Staff
12 Sergeant David Bellavia, as the 3,469th American
13 to receive the Medal of Honor. It's an honor for
14 me to represent people like David. It's an honor
15 for me to be here and talk about the actions he
16 took on that day and what kind of soldier and
17 what kind of individual he is.
18 And I look forward to the ceremony
19 on June 25th at the White House, which will be
20 very humbling I know for him, as it should be for
21 all of us.
22 So with that, Mr. President, I thank
23 you for allowing me to speak on this resolution,
24 and I encourage all of my colleagues to support
25 and inscribe their names to this resolution.
6202
1 Thank you.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Gallivan on the resolution.
4 SENATOR GALLIVAN: Thank you,
5 Mr. President.
6 I'd like to start by thanking
7 Senator Ortt, along with my colleagues Senator
8 Ranzenhofer and Senator Jacobs, for bringing this
9 resolution forward. I too am very proud to
10 cosponsor it.
11 And I'd also like to thank
12 Senator Ortt for his comments, because he lends a
13 unique perspective that many of us never had. A
14 veteran with service in combat knows many of the
15 realities all too well. But I can't think of a
16 better person to describe Staff Sergeant
17 Bellavia's actions and his concerns that Staff
18 Sergeant Bellavia has articulated since this
19 award has been announced -- his concern for
20 others, his concern for the soldiers that he
21 served with, his concern for not just those in
22 his unit but the larger people that his actions
23 ultimately saved. Countless hundreds of
24 individuals were saved through his actions.
25 And it's really interesting, when
6203
1 you look at this Medal of Honor, nearly 3500
2 people have received this in our nation's
3 history, half of them in the Civil War. So
4 that's only 1700 other people throughout our
5 nation's history, out of the tens of millions
6 that have served.
7 And so we go back to David Bellavia,
8 and we've heard some of his public comments
9 afterwards. And the one that keeps ringing out
10 in my mind that we hear in the local Buffalo
11 media is -- and I quote -- him saying "I'm better
12 for my service."
13 So you think of his selfless actions
14 and you think of him saying that look at what
15 this has given me, the honor to serve my country,
16 to make me better, to continue to serve my
17 community, both in Western New York and serve
18 veterans across the nation, I think lends insight
19 to the type of individual that he is.
20 Because Senator Ortt did such a
21 great job of taking us through what earned Staff
22 Sergeant Bellavia the medal, I'll keep my
23 comments brief. But everyone ought to know that
24 he wrote a book called "House to House."
25 They actually had a journalist
6204
1 embedded with their unit that was keeping track
2 of all the things that took place. So the award
3 that he's gotten, the events described, are not
4 Staff Sergeant Bellavia's recollection of it, it
5 was actually memorialized and documented by a
6 reporter who was by their side with film, with
7 audio. And ultimately that is what told the
8 story, a story that I'm thrilled to hear, that I
9 wish all Americans could hear. Because Staff
10 Sergeant Bellavia, while a hero, is indicative of
11 all the men and women who have served us
12 throughout the years and for which I certainly am
13 grateful.
14 I do want to emphasize David
15 Bellavia, while he is the one being acknowledged,
16 he continues to say: This is about everybody, it
17 is not just about me. And the people that he'll
18 take to Washington with him are the living
19 members of his unit that were there. There will
20 be roughly 40 to 50 individuals that have served
21 with him that he'll be accepting this in the name
22 of.
23 It is an incredible honor. I'm very
24 proud to call him a friend and very proud that we
25 as a body are taking time to recognize his
6205
1 service and those men and women who served by his
2 side and, of course, in all of the conflicts,
3 standing up for the things that we believe in and
4 making the lives that we live possible.
5 Thank you, Mr. President.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Ranzenhofer on the resolution.
8 SENATOR RANZENHOFER: Thank you,
9 Mr. President.
10 It is a real privilege for me to
11 stand today to rise and to speak on this
12 resolution that was sponsored by -- it is
13 sponsored by Senator Ortt. I'm very happy to be
14 a cosponsor of this resolution.
15 One of the things about David
16 Bellavia -- and I've known David Bellavia for
17 over a decade now. He spent -- he lived in my
18 district for a long time, in Batavia, New York,
19 and is well known throughout the community.
20 But I think the description of the
21 events and the heroism and the actions of
22 Sergeant Bellavia, you know, almost seem like
23 it's an action movie that, you know, we're
24 watching in the movies or that we're watching on
25 TV. This is where we are accustomed to seeing
6206
1 these type of actions and activities.
2 But the very graphic and the very
3 real heroic acts as described by Senator Ortt,
4 who knows all too well, as a veteran himself,
5 make it just phenomenal that, you know, this is
6 not something that happened in fantasy, this is
7 not something that happened in the movies, but
8 this happened in real life. And, amazingly, he
9 is alive to talk about it and to tell about it.
10 Because, as was mentioned earlier, many, many
11 Medal of Honor winners and recipients are honored
12 after they are dead. They're no longer alive.
13 And he has the privilege to be able to speak
14 about it.
15 And this is the type of honor which
16 will really change his life forever, because he
17 is now going to be an ambassador for the
18 military, for the Army, in talking about what he
19 did. And when I say talking about what he did,
20 as was very ably described by Senator Gallivan
21 and Senator Ortt -- and the four of us, Senators
22 Jacobs and Gallivan and Ortt and myself, had a
23 conversation with Staff Sergeant Bellavia last
24 week and we talked to him about this resolution.
25 And very similar to his comments and his reaction
6207
1 to receiving the Medal of Honor, it was really --
2 it had nothing to do with him. Even though his
3 actions are tremendously heroic, it was always
4 about "we did this," "our squad did this," "our
5 unit did this." And it couldn't be any clearer
6 that he was really accepting this award on behalf
7 of his entire unit.
8 Yes, he is cognizant of what he did
9 and what his actions are and the lives that he
10 saved on that day and how he protected our
11 country on that day. But he is asking for no
12 individual recognition, although that is what he
13 will receive; he is really recognizing and
14 accepting this Medal of Honor award on behalf of
15 his entire unit.
16 So while I wish that Staff Sergeant
17 Bellavia could have been with us on this day, and
18 in light of what we are all doing here in closing
19 out the business of the State Senate this week,
20 in a couple of weeks -- or next week, I should
21 say, is really going to be an extraordinary day
22 not only for him, his family, his unit, but for
23 the entire country. Because as was described
24 earlier, he is the only, only living Iraq veteran
25 to receive the Medal of Honor. There are no
6208
1 others. There are no others.
2 So I want to just offer my sincere
3 and heartfelt appreciation and thanks for what he
4 did many years ago, not seeking any recognition,
5 just acting based on his training and his
6 instincts, to really honor his heroic deeds that
7 day to make all of us a lot safer and to make
8 this country much more peaceful than it could
9 otherwise be.
10 So thank you, Mr. President, for
11 allowing me to speak about Staff Sergeant
12 Bellavia today.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Sanders on the resolution.
15 SENATOR SANDERS: Thank you,
16 Mr. President.
17 I would be quite remiss and I'd be
18 less of a man and I wouldn't be true to the
19 service if I did not stand up and speak of the
20 incredible deeds of this Medal of Honor winner.
21 I want to thank Senator Ortt and
22 others for bringing this before us. We must
23 absolutely never forget what is really happening
24 over there.
25 Now, the reason -- one of the
6209
1 reasons why that there's only one Medal of Honor
2 winner who's around is because most of the times
3 you don't live to get your Medal of Honor. You
4 simply don't live, you get it after the fact
5 because you've done some amazing stuff for others
6 and you simply don't live to talk of it.
7 Now, as a Marine grunt, as an
8 infantryman, the most horrifying, terrifying
9 thing that you could do is house-to-house. The
10 only thing more dangerous, perhaps, is to be a
11 tunnel rat. But that's a different story.
12 House-to-house is close quarters.
13 You can't call the helicopters, you can't call
14 the planes, the submarines. You can't call
15 anything. All you hope for is the person right
16 next to you. And you really get to know folk
17 under those conditions, because if they move
18 away, if somebody doesn't hold their end up,
19 everybody dies. If one person breaks and runs,
20 everybody goes.
21 And the most natural thing for you
22 to do is to run. It's natural to have fear and
23 to run. These are not supermen or superwomen,
24 these are your sons and daughters just doing what
25 they're supposed to do under those conditions.
6210
1 And you see amazing things happen.
2 The best of America comes out in a time like
3 that, where a person can stay there when
4 everybody is fleeing and they're staying to make
5 sure everybody gets out, then they're going
6 further inside to make sure there's no danger to
7 the others. If you stop and think of this,
8 you're not going to do it. You're relying on
9 muscle memory. You're relying on this is what
10 you've been trained to do, this is right, this is
11 what we're going to do.
12 And America will be free as long as
13 you produce people like the staff sergeant, as
14 long as you can produce people who say, You know
15 what, there are things more important than life.
16 There are things more important than me getting
17 hurt or crippled and all the rest of that stuff.
18 There's things called honor and duty.
19 And he did his honor, and as so many
20 do theirs. We won't hear about the majority.
21 And you know what? We're not supposed to.
22 They're doing their job. At their best, they're
23 not doing it because they want you to read about
24 it. They don't want you to see a second Rambo or
25 any of that other stuff. They just want -- this
6211
1 is what they've been sent to do. This is what
2 they do.
3 This is one of the reasons why we
4 have to think twice before we put America's
5 treasure into harm's way. But if we do it, if we
6 say this is where it needs to go, then we need to
7 support them. We need to give them everything
8 they need to be successful, to bring home the
9 victory.
10 So I again wouldn't have been much
11 of a Marine if I didn't stand up and talk of a
12 Medal of Honor winner. That's for us. That --
13 you cleared a path for a person like that.
14 You -- you know, you -- you're honored to go buy
15 them a drink or to carry their bag or whatever.
16 A medal of Honor winner is something that you
17 really -- please understand what that means, that
18 these folk -- I mean, that's almost like America
19 walking.
20 Well, I could go on, but I'm
21 touched. I'm really glad that you were kind
22 enough, you guys were kind enough to say
23 something about an incredible American. Please
24 take my word to him. My hat's off -- if I had a
25 hat, it would be off. Hardcore-er.
6212
1 Thank you. In English, thank you,
2 Mr. President.
3 ACTING PRESIDENT BENJAMIN: Senator
4 LaValle on the resolution.
5 SENATOR LaVALLE: Thank you,
6 Mr. President.
7 Sergeant Bellavia joins a very elite
8 group that will be recognized for serving our
9 nation with great courage and distinction.
10 I wanted to just say, Senator Ortt,
11 your remarks -- I was kind of riveted as you were
12 speaking, and also Senator Sanders. It's great
13 to have colleagues here that understand, who have
14 served and understand the importance of what --
15 the person or people that we are honoring. You
16 did really great, both you and Senator Sanders.
17 Thank you.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Bailey.
20 SENATOR BAILEY: Thank you,
21 Mr. President.
22 Pardon the brief interruption. In
23 order to continue with the orderly flow of
24 business, we are calling an immediate meeting of
25 the Judiciary Committee in Room 124.
6213
1 And we will continue with the
2 speakers' list. Thank you, Mr. President.
3 ACTING PRESIDENT BENJAMIN: There
4 will be an immediate meeting of the Judiciary
5 Committee in Room 124.
6 Senator Jackson on the resolution.
7 SENATOR JACKSON: Thank you,
8 Mr. President.
9 I rise in order to support the
10 resolution. But in listening to Senator Ortt
11 describe his constituent and the details of it --
12 I've never served in the military or any police
13 department, but I've watched movies in which some
14 of the details of that type of situation -- and I
15 say to you that obviously, to me, we have an
16 American hero in Sergeant David Bellavia.
17 And so, Senator, I thank you for
18 providing this to all of our attention so that we
19 can collectively honor him. And as our
20 colleagues, one of them said, so that we wish he
21 were here to stand and applaud him for the work
22 that he's done, not only for his team in Iraq but
23 the entire country.
24 Thank you, Senator. And I
25 wholeheartedly support this resolution in
6214
1 honoring Sergeant David Bellavia.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Kennedy on the resolution.
4 SENATOR KENNEDY: Thank you,
5 Mr. President.
6 I too rise to honor a true American
7 hero, David Bellavia. Staff Sergeant Bellavia
8 has demonstrated to us in Western New York, our
9 great state, and our nation what true heroism is,
10 and next week will be awarded the Medal of Honor,
11 the highest military honor our nation can bestow
12 on one of our heroes, the first living Iraq War
13 veteran to receive this prestigious award from
14 our nation.
15 Staff Sergeant Bellavia entered into
16 service in 1999, twenty years ago -- it's hard to
17 believe that was 20 years ago -- and then on
18 November 10, 2004, as has already been mentioned,
19 put his life at risk for the betterment of
20 freedom, of democracy, and to protect his fellow
21 platoon members as he ran into building after
22 building, clearing them out, and all of a sudden
23 was met by the insurgents who he bravely took on,
24 sometimes in numbers and sometimes in
25 hand-to-hand combat.
6215
1 There has only been a handful of
2 individuals, proportionally, compared to those
3 that have served in our nation's military, that
4 have received this award. Many of them have
5 gotten this award posthumously. Thankfully, by
6 the grace of God, David Bellavia is still with
7 us, still an active member of our community,
8 still a leader, still leading, whether it is in
9 sharing his views on the political climate and
10 the nature of democracy that he fought for and
11 nearly died for, or whether it's serving so
12 graciously his fellow veterans, both domestically
13 and across the globe, as he started the Vets for
14 Freedom in 2005.
15 And so it is such an honor to be
16 able to stand here today as a Western New Yorker
17 and as a member of this body. I thank our
18 colleagues for bringing this forward. I thank
19 all of our men and women who don the uniform of
20 the United States military to fight for the
21 freedom that we hold true and dear to our hearts
22 and oftentimes, unfortunately, is taken for
23 granted.
24 And we call to mind all those today,
25 once again, that have so bravely suffered and
6216
1 those that have died and bled for the freedoms
2 that we hold true as a nation.
3 Once again, Mr. President, it is my
4 distinct honor and privilege to stand here and
5 recognize one of our community's, one of our
6 state's, and one of our nation's greatest ever, a
7 true American hero, David Bellavia, as he
8 receives the Medal of Honor next week.
9 Thank you very much.
10 ACTING PRESIDENT BENJAMIN: Senator
11 Jacobs on the resolution.
12 SENATOR JACOBS: Thank you,
13 Mr. President.
14 I just briefly wanted to touch --
15 not to detract from the wonderful things that
16 have already been said, especially by
17 Senator Ortt, but just to point out that in our
18 country's history we've had about 57 million men
19 and women who have worn the uniform, and only
20 3,468 have received the Medal of Honor, and
21 Mr. Bellavia will be the 3469th.
22 It is an incredibly rare honor, and
23 we are very fortunate to know this individual who
24 truly is a hero. And I -- as Senator Ortt and
25 others mentioned, we would have loved to have had
6217
1 him here today. Hopefully we can bring him up in
2 the future to thank him and to acknowledge him in
3 person.
4 And I just wanted to mention,
5 knowing Mr. Bellavia and, as was mentioned, that
6 he takes this award and recognition with humility
7 and I know with some mixed feelings, because as a
8 true person of service, he thinks not about
9 himself but the others and those that did not
10 make it through the conflict.
11 And I was heartened to hear, as
12 Senator Gallivan mentioned, that when he goes to
13 the White House he will have many of the members
14 in his unit there with him. So I truly hope he
15 can take that moment to reflect on the fact of
16 all the people that are living and there with him
17 on that day because of his acts of heroism.
18 I also look forward to the many good
19 things he will do with this award and recognition
20 as he continues to be a person of service for our
21 country.
22 And again, it is an honor to be on
23 this proclamation, resolution. And again,
24 congratulations to Staff Sergeant David Bellavia
25 and his entire family for this significant
6218
1 recognition.
2 Thank you.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Brooks on the resolution.
5 SENATOR BROOKS: Thank you,
6 Mr. President.
7 I want to thank Senator Ortt for
8 bringing this resolution forward, and the
9 information he has provided us.
10 You know, everybody that's spoken so
11 far has spoken about the significant contribution
12 this Medal of Honor winner brings to us. We all
13 have to take time not just to recognize this
14 hero, but to recognize how blessed we are as a
15 nation, that men and women in this nation, in
16 some of the most difficult circumstances
17 historically, have stood up and done for this
18 country what we don't realize as even being
19 possible.
20 We are very blessed that this hero
21 is still with us, that we are in a situation
22 where he can receive this great honor, knowing
23 it's given to him, not posthumously. We are very
24 fortunate and should take the time to just think
25 about the fact that men and women in this country
6219
1 give so much to this country, and at times under
2 the worst of circumstances they rise up above,
3 not only to perform magnificent feats, but to
4 save and protect their fellow soldiers.
5 Thank you, Mr. President.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Funke on the resolution.
8 SENATOR FUNKE: Thank you,
9 Mr. President.
10 And I want to thank first Lieutenant
11 Rob Ortt, who happens to be a Bronze Star winner
12 for his efforts in Afghanistan, for bringing this
13 resolution forward.
14 We're proud to have two Medal of
15 Honor winners in Western New York now, with Staff
16 Sergeant Bellavia and also Gary Beikirch, who
17 lives in Greece, New York, Senator Robach's
18 district, an Army medic who charged into harm's
19 way while he was wounded and saved many of his
20 colleagues in similar fashion. And now Sergeant
21 David Bellavia.
22 You know, we talk a lot about heroes
23 in our society, and oftentimes we're talking
24 about the wrong people that we put in that
25 category. We talk about athletes and actors and
6220
1 singers. Sergeant David Bellavia and Gary
2 Beikirch are the real heroes, humble and proud,
3 willing to serve. And I'm proud that this body
4 does all it can, day in and day out, for the
5 veterans in our state.
6 Thanks very much, Rob, for bringing
7 this forward, and thanks for your service to our
8 country too.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Helming on the resolution.
11 SENATOR HELMING: Thank you,
12 Mr. President.
13 I too want to thank Senator Ortt for
14 bringing this resolution forward and to all the
15 Senators who sponsored it.
16 David Bellavia, he is a true
17 American hero. And we are doing the right thing
18 today by honoring him and reminding everyone
19 who's here how important our military members
20 are.
21 Staff Sergeant David Bellavia, as
22 we've heard, he's a very humble man, always
23 giving credit to those who served alongside him.
24 He's very inspiring to me. My son-in-law,
25 Captain Charles Sauter, is deployed right now;
6221
1 he's in Special Forces. He's been through
2 situations somewhat similar.
3 And I'm glad to hear people again
4 talk about how we need to honor and recognize our
5 veterans. One of the things I want to use this
6 opportunity to do is to remind us that some of
7 these veterans, when they return, they need help.
8 They've been impacted by their experiences. So I
9 would remind those who have -- who are in the
10 Majority and can make decisions to help our
11 veterans, to do so, because that's not what I saw
12 during this session.
13 We talked about taking down
14 barriers. We heard how the Majority was going to
15 knock down barriers at the start of the session,
16 and our veterans --
17 ACTING PRESIDENT BENJAMIN: Senator
18 Helming, please stay germane to the resolution.
19 SENATOR HELMING: I am germane to
20 the resolution. I'm talking about veterans like
21 Staff Sergeant David Bellavia who deserve and who
22 have earned everything that we can possibly give
23 to them, and that includes funding for veterans
24 programs like the Rochester Veterans Outreach
25 Center, the Warrior Salute program -- which I
6222
1 wish Senator Kennedy was here to hear about that
2 they serve our veterans from Western New York --
3 ACTING PRESIDENT BENJAMIN: Senator
4 Gianaris.
5 SENATOR HELMING: So I am proud to
6 support this resolution --
7 SENATOR GIANARIS: Mr. President --
8 SENATOR HELMING: And thanks to
9 Staff Sergeant Bellavia for his service.
10 Thank you.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Gianaris.
13 SENATOR GIANARIS: Mr. President,
14 let me remind my colleagues that for years we've
15 been good about keeping resolutions to the
16 subject of the resolution.
17 We're here to honor the people who
18 are the subject of these resolutions, not to make
19 policy speeches. We'll have plenty of time to do
20 that on the bills that come before us. Let us
21 not disrespect the people who are being honored
22 in these resolutions by turning it into a policy
23 debate. Thank you.
24 ACTING PRESIDENT BENJAMIN: The
25 question is on the resolution. All in favor
6223
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 Senator Gianaris.
9 SENATOR GIANARIS: The resolutions
10 considered today will be open for cosponsorship.
11 ACTING PRESIDENT BENJAMIN: The
12 resolutions are open for cosponsorship. Should
13 you choose not to be a cosponsor of the
14 resolutions, please notify the desk.
15 Senator Gianaris.
16 SENATOR GIANARIS: Can we return to
17 reports of standing committees.
18 I believe there's a report of the
19 Rules Committee at the desk.
20 ACTING PRESIDENT BENJAMIN: There
21 is a report of the Rules Committee at the desk.
22 The Secretary will read.
23 THE SECRETARY: Senator
24 Stewart-Cousins, from the Committee on Rules,
25 reports the following bills:
6224
1 Senate Print 64, by Senator Robach,
2 an act to amend the Domestic Relations Law and
3 the Executive Law;
4 Senate Print 123, by Senator Ortt,
5 an act to amend the Vehicle and Traffic Law;
6 Senate Print 215B, by Senator
7 Benjamin, an act to amend the Executive Law;
8 Senate Print 355, by Senator
9 Gaughran, an act to amend the Navigation Law;
10 Senate Print 398, by Senator Lanza,
11 an act to amend the Vehicle and Traffic Law;
12 Senate Print 1534, by Senator
13 Kennedy, an act to amend the Education Law;
14 Senate Print 1720, by Senator Ramos,
15 an act to amend the Labor Law;
16 Senate Print 1751, by Senator
17 Sepúlveda, an act to amend the Real Property Law;
18 Senate Print 1833, by Senator
19 Gianaris, an act to amend the Election Law;
20 Senate Print 2207, by Senator
21 Bailey, an act to amend the Public Housing Law;
22 Senate Print 2397, by
23 Senator Comrie, an act to direct the New York
24 State Department of Financial Services and the
25 New York State Department of State's Consumer
6225
1 Protection Division to conduct a study on
2 consumer awareness and financial education;
3 Senate Print 2482A, by Senator
4 Sanders, an act to amend the Education Law;
5 Senate Print 2493, by
6 Senator Serrano, an act to amend the Parks,
7 Recreation and Historic Preservation Law;
8 Senate Print 2552, by
9 Senator Stavisky, an act to amend the
10 Real Property Tax Law;
11 Senate Print 2612, by
12 Senator Harckham, an act to amend the
13 Real Property Tax Law;
14 Senate Print 2622, by
15 Senator Breslin, an act to amend the Tax Law;
16 Senate Print 2708A, by
17 Senator Kennedy, an act to amend the Tax Law;
18 Senate Print 3318, by
19 Senator Jackson, an act to amend the
20 Administrative Code of the City of New York;
21 Senate Print 3319, by
22 Senator Jackson, an act to amend the
23 Administrative Code of the City of New York;
24 Senate Print 3352, by Senator Ramos,
25 an act to amend the Tax Law;
6226
1 Senate Print 3435A, by Senator
2 Addabbo, an act to establish a commission to be
3 known as the "New York Seawall Study Commission";
4 Senate Print 3698A, by Senator
5 Gianaris, an act to amend the Public Health Law;
6 Senate Print 3816, by
7 Senator Harckham, an act to amend the Tax Law;
8 Senate Print 3951, by
9 Senator Montgomery, an act to amend the
10 State Finance Law;
11 Senate Print 3960, by
12 Senator Rivera, an act to amend the
13 Social Services Law and the Public Health Law;
14 Senate Print 3972, by
15 Senator Harckham, an act to amend the
16 Real Property Tax Law;
17 Senate Print 4045A, by Senator
18 Jackson, an act to amend the Education Law;
19 Senate Print 4066, by
20 Senator Biaggi, an act to amend the Insurance Law
21 and the Public Health Law;
22 Senate Print 4074, by Senator
23 Biaggi, an act to amend the Executive Law;
24 Senate Print 4112, by Senator
25 Carlucci, an act to amend the Village Law and the
6227
1 Public Officers Law;
2 Senate Print 4223, by Senator
3 Harckham, an act to amend the General Municipal
4 Law;
5 Senate Print 4419, by Senator
6 Seward, an act to amend the Tax Law;
7 Senate Print 4654, by
8 Senator Metzger, an act to amend the Tax Law;
9 Senate Print 4717A, by
10 Senator Metzger, an act to amend the Tax Law;
11 Senate Print 5139, by
12 Senator Kavanagh, an act to amend the
13 Civil Practice Law and Rules;
14 Senate Print 5146, by
15 Senator Kavanagh, an act to amend the Penal Law;
16 Senate Print 5151, by
17 Senator Addabbo, an act to amend the
18 General Business Law;
19 Senate Print 5288, by
20 Senator Thomas, an act to amend the Highway Law;
21 Senate Print 5328A, by
22 Senator Breslin, an act to amend the
23 Insurance Law;
24 Senate Print 5344, by
25 Senator Seward, an act to amend the Tax Law;
6228
1 Senate Print 5451, by
2 Senator Little, an act to amend the Tax Law;
3 Senate Print 5453, by
4 Senator Skoufis, an act to amend the Tax Law;
5 Senate Print 5586, by
6 Senator Carlucci, an act in relation to
7 authorizing Bais Trany of Monsey, Inc., to file
8 an application for certain real property tax
9 exemptions;
10 Senate Print 5672, by Senator May,
11 an act to amend the Tax Law;
12 Senate Print 5721A, by
13 Senator Comrie, an act to amend the
14 General Business Law;
15 Senate Print 5761, by
16 Senator Amedore, an act to amend the Tax Law;
17 Senate Print 5946B, by Senator May,
18 an act to amend the Education Law;
19 Senate Print 6042A, by Senator May,
20 an act to amend the Education Law;
21 Senate Print 6073, by Senator
22 Brooks, an act to amend the Public Health Law;
23 Senate Print 6076, by Senator
24 Brooks, an act to amend the Public Health Law;
25 Senate Print 6254, by
6229
1 Senator Metzger, an act to amend the Highway Law;
2 Senate Print 6257A, by
3 Senator Harckham, an act in relation to
4 authorizing the comptroller of the Town of
5 Mount Pleasant to refund fees, fines, penalties
6 and interest to certain real property taxpayers;
7 Senate Print 6270, by
8 Senator Addabbo, an act to amend Part 1 of
9 Chapter 61 of the Laws of 2017;
10 Senate Print 6304, by Senator Mayer,
11 an act to amend the Tax Law;
12 Senate Print 6337A, by Senator
13 Rivera, an act to amend the Public Health Law;
14 Senate Print 6347, by
15 Senator Bailey, an act to amend the
16 Criminal Procedure Law;
17 Senate Print 6362, by
18 Senator Griffo, an act to amend the Tax Law;
19 Senate Print 6375, by
20 Senator Gallivan, an act to amend the Tax Law;
21 Senate Print 6424A, by Senator
22 Martinez, an act to amend the General City Law;
23 Senate Print 6427A, by
24 Senator Montgomery, an act to amend the
25 Social Services Law;
6230
1 Senate Print 6465A, by
2 Senator Amedore, an act to authorize the City of
3 Amsterdam, in the County of Montgomery, to
4 finance a certain deficit by the issuance of
5 bonds;
6 Senate Print 6470, by Senator Mayer,
7 an act to amend the Executive Law;
8 And Senate Print 6522, by
9 Senator Bailey, an act to amend the Tax Law.
10 All bills ordered direct to third
11 reading.
12 SENATOR GIANARIS: Move to accept
13 the report of the Committee on Rules.
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.
24 SENATOR GIANARIS: Can we now take
25 up the reading of the calendar, please.
6231
1 ACTING PRESIDENT BENJAMIN: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 179, Senate Print 2827, by Senator May, an act to
5 amend the Alcoholic Beverage Control Law.
6 SENATOR GIANARIS: Lay it aside for
7 the day, please.
8 ACTING PRESIDENT BENJAMIN: Lay it
9 aside for the day.
10 THE SECRETARY: Calendar Number
11 243, Assembly Print 364B, substituted earlier by
12 Assemblymember Paulin, an act to amend the
13 Public Health Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 90th day after it
18 shall have become a law.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT BENJAMIN: The
6232
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 261, Senate Print 3215A, by Senator Comrie, an
4 act to amend the Administrative Code of the City
5 of New York.
6 ACTING PRESIDENT BENJAMIN: There
7 is a home-rule message at the desk.
8 Read 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 261, voting in the negative:
18 Senator Metzger.
19 Ayes, 61. Nays, 1.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 374, Senate Print 4866, by Senator Myrie, an act
24 to amend the Election Law.
25 ACTING PRESIDENT BENJAMIN: Read
6233
1 the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the 90th day after it
4 shall have become a law.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 374, those Senators voting in the
12 negative are Senators Funke, Helming and Seward.
13 Also Senator Griffo.
14 Ayes, 58. Nays, 4.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 401, Assembly Print Number 4474, substituted
19 earlier by Assemblymember Stec, an act to amend
20 the Tax Law.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 SENATOR GIANARIS: Lay it aside
24 temporarily.
25 ACTING PRESIDENT BENJAMIN: Lay it
6234
1 aside temporarily.
2 THE SECRETARY: Calendar Number
3 497, Senate Print 4008C, by Senator Mayer, an act
4 to amend the Education Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of September.
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 497, voting in the negative:
16 Senator Flanagan.
17 Ayes, 61. Nays, 1.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 542, Senate Print 4930A, by Senator Rivera, an
22 act to amend the Public Health Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
6235
1 act shall take effect one year after it shall
2 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: In relation to
9 Calendar Number 542, those Senators voting in the
10 negative are Senators Amedore, Antonacci, Funke,
11 Gallivan, Gaughran, Griffo, Helming, Jacobs,
12 Jordan, Lanza, Little, Martinez, Ortt,
13 Ranzenhofer, Ritchie, Serino, Seward, Skoufis and
14 Tedisco.
15 Ayes, 43. Nays, 19.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 573, Senate Print 4766, by Senator Kaminsky, an
20 act to amend the General Municipal 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
6236
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN: Senator
4 Kaminsky to explain his vote.
5 SENATOR KAMINSKY: Mr. President,
6 thank you.
7 IDAs are an important part of
8 economic development in our state, but a
9 loophole, I believe, has been exploited to the
10 detriment of our school districts and our
11 taxpaying residents, and that is the tourism
12 loophole.
13 And what's happened is one business
14 can move from literally across a county line to
15 another county, say that they're attracting
16 residents from the neighboring county, and say
17 that it's tourism. We're talking about car
18 dealerships, shopping malls, things that clearly
19 are not meant to attract residents to the State
20 of New York, which is what the original point of
21 granting an IDA benefit for tourism is.
22 But of course we don't want to lose
23 the benefits where they are rightly granted, so
24 what this bill does is the following. If a
25 county executive or a chief executive of an area,
6237
1 along with that IDA, certifies that a project is
2 regionally significant and will improve the
3 region and the benefits will exceed the cost,
4 they can continue using this exception.
5 But the days of giving tax breaks to
6 the Toyota dealership, which results in taxpayers
7 paying more and school districts getting less,
8 should be over.
9 I vote in the affirmative.
10 ACTING PRESIDENT BENJAMIN: Senator
11 Kaminsky to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 573, those Senators voting in the
15 negative are Senators Amedore, Flanagan, Funke,
16 Gallivan, Griffo, Jacobs, Jordan, Martinez, Ortt,
17 Ranzenhofer, Ritchie, Serino, Seward and Tedisco.
18 Ayes, 48. Nays, 14.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 583, Senate Print 3229A, by Senator Savino, an
23 act to amend the Penal Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
6238
1 THE SECRETARY: Section 6. This
2 act shall take effect on the 60th day after it
3 shall have become a law.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 583, those Senators voting in the
11 negative are Senators Montgomery and Salazar.
12 Ayes, 60. Nays, 2.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 634, Senate Print 97B, by Senator Kaminsky, an
17 act to amend the Public Officers Law and the
18 Public Authorities Law.
19 SENATOR GRIFFO: Lay it aside.
20 ACTING PRESIDENT BENJAMIN: Lay it
21 aside.
22 THE SECRETARY: Calendar Number
23 640, Senate Print 5090A, by Senator Parker, an
24 act to amend the Workers' Compensation Law.
25 ACTING PRESIDENT BENJAMIN: Read
6239
1 the last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 640, those Senators voting in the
11 negative are Senators Amedore, Gallivan, Griffo,
12 Helming, Jordan, Lanza, Little, O'Mara, Ortt,
13 Ranzenhofer, Ritchie, Seward and Tedisco.
14 Ayes, 49. Nays, 13.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 658, Assembly Print Number 2317B, substituted
19 earlier by Assemblymember Solages, an act to
20 amend the Racing, Pari-Mutuel Wagering and
21 Breeding Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
6240
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN: Senator
5 Kaplan to explain her vote.
6 SENATOR KAPLAN: Thank you,
7 Mr. President.
8 As Senator, my goal is always to be
9 as responsive to the communities I represent as
10 possible. And since I took office, I've spent a
11 lot of time meeting with constituents to hear
12 about their priorities. And the creation of a
13 community advisory board for Belmont Park is a
14 top priority of my residents in Elmont,
15 Floral Park, and South Floral Park.
16 Since this is the priority of my
17 residents, it is my priority too. And I'm very
18 proud today we will pass the bill and give my
19 constituents the voice that they deserve.
20 I also want to thank Assemblywoman
21 Solages for passing this bill in the Assembly.
22 And I am proud to cast my vote in the
23 affirmative. Thank you.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Kaplan to be recorded in the affirmative.
6241
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 658, those Senators voting in the
4 negative are Senators Amedore, Antonacci,
5 Flanagan, Funke, Griffo, Helming, Jacobs, Jordan,
6 Lanza, O'Mara, Ortt, Ranzenhofer, Ritchie,
7 Serino, Seward and Tedisco.
8 Ayes, 46. Nays, 16.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 728, Senate Print 4080C, by Senator Savino, an
13 act to amend the Labor Law and the State Finance
14 Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 4. 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
6242
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 766, Senate Print 5516B, by Senator Montgomery,
4 an act to amend the Family Court Act and the
5 Mental Hygiene Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 5. 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 766, those Senators voting in the
18 negative are Senators Griffo and Ranzenhofer.
19 Ayes, 60. Nays, 2.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 810, Senate Print 4202, by Senator Savino, an act
24 to amend the Penal Law.
25 ACTING PRESIDENT BENJAMIN: Read
6243
1 the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the first of November.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN: Senator
8 Lanza to explain his vote.
9 SENATOR LANZA: Thank you,
10 Mr. President.
11 I'm going to be voting in the
12 negative here. I understand the sponsor's intent
13 with respect to protecting people, especially at
14 transportation hubs with respect to undetectable
15 weapons. But I believe the law is too vague in
16 its -- in the provision which describes that it
17 be commercially made as a weapon.
18 I think this leaves this legislation
19 open to the types of plastic knives that you get
20 at a fast food restaurant, you buy in the
21 supermarket, and that we see used every single
22 day here in Albany. And I don't think that's
23 what the sponsor is intending, but certainly,
24 given the way this bill is drafted, it is
25 conceivable that someone could be arrested for
6244
1 carrying one of those plastic knives that, you
2 know, come in a Happy Meal.
3 For that reason, I'm going to be
4 voting no.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Lanza to be recorded in the negative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 810, those Senators voting in the
10 negative are Senators Amedore, Antonacci,
11 Flanagan, Funke, Gallivan, Griffo, Helming,
12 Jacobs, Jordan, Lanza, Little, O'Mara, Ortt,
13 Ranzenhofer, Ritchie, Serino, Seward and Tedisco.
14 Ayes, 44. Nays, 18.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 831, Senate Print 5395, by Senator Jackson, an
19 act to amend the Education Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
6245
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar Number 831, those Senators voting in the
6 negative are Senators Amedore, Kennedy, Krueger,
7 Martinez and Skoufis. Also Senators Tedisco,
8 Ranzenhofer, Serino and Jordan.
9 Ayes, 53. Nays, 9.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 888, Senate Print 5782A, by Senator Parker, an
14 act to amend the Public Service 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 888, those Senators voting in the
6246
1 negative are Senators Amedore, Helming,
2 Ranzenhofer and Seward.
3 Ayes, 58. Nays, 4.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 898, Assembly Print Number 3235, substituted
8 earlier by Assemblymember Dickens, an act to
9 amend the Banking Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 120th day after it
14 shall have become a law.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 898, those Senators voting in the
22 negative are Senators Akshar, Amedore, Antonacci,
23 Flanagan, Funke, Gallivan, Griffo, Helming,
24 Jacobs, Jordan, Lanza, Little, Ortt, Ranzenhofer,
25 Ritchie, Serino, Seward and Tedisco.
6247
1 Ayes, 44. Nays, 18.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 902, Senate Print 5188, by Senator Mayer, an act
6 to amend the Election Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 970, Senate Print 5786, by Senator Kaminsky, an
21 act to establish a task force to explore the
22 effects of cyberbullying in New York State.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 4. This
6248
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN: Senator
6 Kaminsky to explain his vote.
7 SENATOR KAMINSKY: Thank you very
8 much, Mr. President.
9 I think no matter where you live in
10 this state, we could all agree that cyberbullying
11 has become a tremendous problem. Recent reports
12 show that nearly half the teens in our country
13 have reported being cyberbullied.
14 And while we in the Legislature have
15 taken pains to make sure our schools have
16 procedures in place to deal with it, what happens
17 after school? And what happens to regular adults
18 who have to deal with cyberbullying and the
19 horrors that it brings?
20 I have a constituent, Lisa-Michelle
21 Kucharz, who really survived a terrible ordeal
22 with a stalker who was cyberbullying her. And
23 instead of cursing the darkness, she's chosen to
24 light a candle and advocate very hard on this
25 issue.
6249
1 So what this bill would do, it would
2 create a task force that would make
3 recommendations to schools about how to handle
4 cyberbullying that takes place outside of its
5 walls, and that leads generally to creation of
6 policies and procedures that would help deter
7 cyberbullying at all levels for all members of
8 our society. We need some good thinking and good
9 planning to go into this issue because it's time
10 we put an end to cyberbullying.
11 Thank you, Mr. President. I vote in
12 the affirmative.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Kaminsky to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar Number 970, those Senators voting in the
18 negative are Senators Akshar, Flanagan and
19 Ranzenhofer.
20 Ayes, 59. Nays, 3.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 982, Assembly Print Number 2333, substituted
25 earlier by Assemblymember Otis, an act to amend
6250
1 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: In relation to
12 Calendar Number 982, those Senators voting in the
13 negative are Senators Akshar, Amedore, Flanagan,
14 Funke, Griffo, Helming, Jacobs, Jordan, Lanza,
15 Little, O'Mara, Ortt, Ranzenhofer, Ritchie,
16 Robach, Serino, Seward and Tedisco.
17 Ayes, 44. Nays, 18.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1022, Assembly Print Number 1093B, substituted
22 earlier by Assemblymember Paulin, an act to amend
23 the Military Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
6251
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 120th day after it
3 shall have become a law.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1045, Senate Print 6084, by Senator Stavisky, an
14 act to amend the Education Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT BENJAMIN: The
6252
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1076, Senate Print 4580B, by Senator Kennedy, an
4 act to amend the Vehicle and Traffic Law and the
5 Insurance Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar Number 1076, voting in the negative:
17 Senator Skoufis.
18 Ayes, 61. Nays, 1.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1080, Senate Print 5671A, by Senator Martinez, an
23 act to amend the Vehicle and Traffic Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
6253
1 THE SECRETARY: Section 7. This
2 act shall take effect on the first of November.
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 1080, voting in the negative:
10 Senator Ranzenhofer.
11 Ayes, 61. Nays, 1.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1088, Senate Print 6190B, by Senator Martinez, an
16 act to amend the Vehicle and Traffic Law and the
17 Administrative Code of the City of New York.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 3. 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.)
6254
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 1181, Senate Print 2761, by Senator Comrie, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT BENJAMIN: There
10 is a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1259, Senate Print 5739A, by Senator Kaminsky, an
24 act to amend the Town Law and the Village Law.
25 ACTING PRESIDENT BENJAMIN: Read
6255
1 the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the 180th day after it
4 shall have become a law.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 1259, those Senators voting in the
12 negative are Senators Flanagan, Helming and Ortt.
13 Ayes, 59. Nays, 3.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1280, Senate Print 183B, by Senator Serrano, an
18 act to amend the Parks, Recreation and Historic
19 Preservation Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
6256
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 1287, Senate Print 1925B, by Senator Krueger, an
9 act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT BENJAMIN: There
11 is a home-rule message at the desk.
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:
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1287, those Senators voting in
22 the negative are Senators Felder, Flanagan,
23 Griffo and Lanza.
24 Ayes, 58. Nays, 4.
25 ACTING PRESIDENT BENJAMIN: The
6257
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1298, Senate Print 3645A, by Senator Kennedy, an
4 act to amend the Tax Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 4. 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 Kennedy to explain his vote.
14 SENATOR KENNEDY: Thank you,
15 Mr. President.
16 First of all, let me thank my
17 colleagues for their support of this bill and
18 Andrea Stewart-Cousins, our leader, for bringing
19 this to the floor today.
20 This is an important piece of
21 legislation that will help to continue to
22 stimulate development efforts all throughout the
23 State of New York, particularly in urban areas
24 like the City of Buffalo and other urban areas
25 all across New York State that are seeing
6258
1 momentum and a resurgence from investors and
2 developers that recognize that taking old
3 historic structures, preserving them, investing
4 in them, breathing new life into them, and
5 ultimately getting them back on the tax rolls,
6 filling these beautiful buildings with jobs and
7 opportunities for people throughout the
8 communities is a very positive thing.
9 And it is happening right before our
10 very eyes. For those of you that haven't been
11 out to Buffalo and Western New York in a while,
12 we welcome you to come and see what has been
13 transpiring.
14 This piece of legislation will
15 expand the commercial historic tax credit for
16 projects under $5 million that will help to
17 continue to spur growth and streamline the
18 process for those who want to make an investment
19 here in New York.
20 But this has, again, a very unique
21 focus on those areas that are historic in nature
22 and that developers are recognizing as a very
23 unique place to make an investment and to help
24 breathe new life into areas of the economy where
25 it's needed the most.
6259
1 So with that, Mr. President, I vote
2 aye.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Kennedy to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 There is a substitution at the desk.
10 The Secretary will read.
11 THE SECRETARY: On page 36,
12 Senator Kaplan moves to discharge, from the
13 Committee on Rules, Assembly Bill Number 7540B
14 and substitute it for the identical Senate Bill
15 5815C, Third Reading Calendar 1349.
16 ACTING PRESIDENT BENJAMIN: The
17 substitution is so ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1349, Assembly Print Number 7540B, by
21 Assemblymember McDonald, an act to amend the
22 Executive Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
6260
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN: Senator
6 Kaplan to explain her vote.
7 SENATOR KAPLAN: Thank you,
8 Mr. President.
9 Regulations are necessary in
10 ensuring the functionality of business and
11 employment in our state. However, many
12 regulations can be overly burdensome and have a
13 devastating impact on our small businesses and
14 economic development. It is our duty as
15 lawmakers to cut through the red tape and make
16 laws that support business growth, while still
17 achieving the intended goals of responsible
18 regulation.
19 This bill will offer small
20 businesses an opportunity to avoid fines for the
21 first time, regulatory violations, by giving them
22 an opportunity to cure the violation.
23 I believe the opportunity to make it
24 right is fair, and it will help our small
25 business owners to learn from their mistakes
6261
1 without jeopardizing their success.
2 I'm proud to be the sponsor of this
3 legislation, and I cast my vote in the
4 affirmative. Thank you.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Kaplan to be recorded in the affirmative.
7 Senator Akshar to explain his vote.
8 SENATOR AKSHAR: You know, I've
9 often said that it's not government's
10 responsibility to create jobs, it's our
11 responsibility to put forth good policy that
12 creates a better business climate so businesses
13 can thrive and prosper.
14 I want to thank the sponsor of this
15 bill. We took a run at this last year, and the
16 Governor vetoed it. My hope is that the changes
17 that you and your staff have made will withstand
18 the veto test of the Governor.
19 This is a step in the right
20 direction because this bill does in fact create a
21 better climate where businesses can thrive and
22 prosper. It gives them a little bit of relief
23 that we know that they're all seeking. So,
24 Mr. President, I proudly vote aye.
25 ACTING PRESIDENT BENJAMIN: Senator
6262
1 Akshar to be recorded in the affirmative.
2 Senator Little to explain her vote.
3 SENATOR LITTLE: Thank you,
4 Mr. President. I too would like to support
5 Senator Kaplan's bill today.
6 Truthfully, a small business has
7 difficulty keeping up with the rules and
8 regulations that get thrown at them. And
9 frequently they get fined for something that they
10 didn't know about, only to be told that "It was
11 on our website, you should have seen it."
12 Well, if you're operating a small
13 businesses in today's workplace and day and age,
14 you have enough on your plate to try to keep up
15 with the bills that you already know about.
16 This is a great bill that will help
17 them and give them a chance to, if they do miss a
18 regulation, to be able to move on. So thank you
19 very much.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Little to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6263
1 THE SECRETARY: Calendar Number
2 1375, Senate Print 6429A, by Senator Carlucci, an
3 act in relation to authorizing the Yeshiva Shaar
4 Ephraim of Monsey to file an application for a
5 retroactive real property tax exemption.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 1375, those Senators voting in the
17 negative are Senators Akshar and Antonacci.
18 Ayes, 60. Nays, 2.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 Senator Gianaris, that completes the
22 reading of today's calendar.
23 SENATOR GIANARIS: Mr. President,
24 there will be an immediate meeting of the
25 Committee on Finance, please, in Room 332.
6264
1 ACTING PRESIDENT BENJAMIN: There
2 will be an immediate meeting of the
3 Finance Committee in Room 332.
4 SENATOR GIANARIS: Can we now take
5 up the reading of the supplemental calendar.
6 ACTING PRESIDENT BENJAMIN: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 1415, Senate Print 64, by Senator Robach, an act
10 to amend the Domestic Relations Law and the
11 Executive Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: In relation to
22 Calendar Number 1415, voting in the negative:
23 Senator Skoufis.
24 Ayes, 61. Nays, 1.
25 ACTING PRESIDENT BENJAMIN: The
6265
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1468, Senate Print 123, by Senator Ortt, an act
4 to amend the Vehicle and Traffic Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 120th 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 1469, Senate Print 215B, by Senator Benjamin, an
20 act to amend the Executive 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
6266
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1469, those Senators voting in
7 the negative are Senators Akshar, Amedore,
8 Flanagan, Funke, Griffo, Helming, Jordan, Lanza,
9 Little, Ritchie, Ranzenhofer, Ortt and Tedisco.
10 Ayes, 49. Nays, 13.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1470, Senate Print 355, by Senator Gaughran, an
15 act to amend the Navigation Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 90th 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.
6267
1 THE SECRETARY: In relation to
2 Calendar Number 1470, those Senators voting in
3 the negative are Senators Amedore, Lanza, Ortt
4 and Tedisco.
5 Ayes, 58. Nays, 4.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1471, Senate Print 398, by Senator Lanza, an act
10 to amend the Vehicle and Traffic 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 1472, Senate Print 1534, by Senator Kennedy, an
25 act to amend the Education Law.
6268
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 1473, Senate Print 1720, by Senator Ramos, an act
15 to amend the Labor 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.
6269
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1474, Senate Print 1751, by Senator Sepúlveda, an
6 act to amend the Real Property Tax Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1476, Senate Print 1833, by Senator Gianaris, an
21 act to amend the Election Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
6270
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 1476, those Senators voting in
8 the negative are Senators Akshar, Amedore,
9 Flanagan, Funke, Gallivan, Griffo, Helming,
10 Jacobs, Jordan, Ortt, Ritchie, Ranzenhofer,
11 Serino, Seward and Tedisco.
12 Ayes, 47. Nays, 15.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1478, Senate Print 2207, by Senator Bailey, an
17 act to amend the Public Housing Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. 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.)
6271
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1478, those Senators voting in
5 the negative are Senators Griffo, Little and
6 Seward.
7 Ayes, 59. Nays, 3.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1479, Senate Print 2397, by Senator Comrie, an
12 act to direct the New York State Department of
13 Financial Services and the New York State
14 Department of State's Consumer Protection
15 Division to conduct a study on consumer awareness
16 and financial education.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 120th 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:
6272
1 Announce the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1480, Senate Print 2482A, by Senator Sanders, an
7 act to amend the Education Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1480, voting in the negative:
19 Senators Flanagan and Ranzenhofer.
20 Ayes, 60. Nays, 2.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1481, Senate Print 2493, by Senator Serrano, an
25 act to amend the Parks, Recreation and Historic
6273
1 Preservation 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: In relation to
13 Calendar Number 1481, voting in the negative:
14 Senators Amedore and Seward.
15 Ayes, 60. Nays, 2.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1482, Senate Print 2552, by Senator Stavisky, an
20 act to amend the Real Property Tax Law.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of January.
25 ACTING PRESIDENT BENJAMIN: Call
6274
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 1483, Senate Print 2612, by Senator Harckham, an
10 act to amend the Real Property Tax Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1483, those Senators voting in
22 the negative are Senators Amedore, Antonacci,
23 Funke, Helming, Jacobs, Jordan, Lanza, O'Mara,
24 Ortt, Ranzenhofer, Serino, Seward and Tedisco.
25 Ayes, 49. Nays, 13.
6275
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1484, Senate Print 2622, by Senator Breslin, an
5 act to amend the Tax Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar Number 1484, those Senators voting in
17 the negative are Senators Antonacci, Brooks,
18 Gaughran, Harckham, Helming, Kaplan, Kennedy,
19 Lanza, Martinez, Metzger, Ortt, Serino, Skoufis,
20 Tedisco and Thomas.
21 Ayes, 47. Nays, 15.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1485, Senate Print 2708A, by Senator Kennedy, an
6276
1 act to amend the Tax Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 180th day after it
6 shall have become a law.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN: Senator
11 Kennedy to explain his vote.
12 SENATOR KENNEDY: Thank you,
13 Mr. President.
14 First of all, again, let me thank
15 our leader, Senator Andrea Stewart-Cousins, for
16 bringing this bill to the floor, and to my
17 colleagues for their support.
18 This is a very important bill all
19 across New York State. The ash tree, the
20 beautiful ash tree that is the canopy of our
21 state -- by the billions, these trees exist in
22 New York and across the nation, and unfortunately
23 the emerald ash borer has infested many of those
24 trees.
25 There is estimated devastation to
6277
1 the canopy across the state in the next decade of
2 20 to 30 percent that will be eradicated if we
3 don't do something.
4 This is something that will help
5 homeowners treat ash trees and if, under the
6 unfortunate circumstances where they have to have
7 them removed, oftentimes the cost gets into the
8 thousands. This is a little bit of help to those
9 hardworking men and women that are the residents
10 and taxpayers of the State of New York as we
11 fight the emerald ash borer.
12 So once again, Mr. President, I
13 thank you and my colleagues for their indulgence,
14 their support, and this important piece of
15 legislation that will help the pocketbooks of the
16 taxpayers.
17 Thank you so much.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Kennedy to be recorded in the affirmative.
20 Senator May to explain her vote.
21 SENATOR MAY: Thank you,
22 Mr. President.
23 And I want to thank Senator Kennedy
24 for putting together this bill, because it truly
25 is important.
6278
1 The ash tree is a keystone species
2 in our natural forests but also in our urban
3 forests. It is the tree -- the wood that's been
4 used to make lacrosse sticks, for a thousand
5 years or more by the Native Americans in this
6 state. We use it to make baseball bats. It is
7 an important wood in our culture.
8 And it's a tree that's everywhere.
9 I was walking in Washington Park yesterday
10 admiring the stately old oak and gingko trees
11 there, and I saw a whole copse of ash trees that
12 are dying.
13 Having these trees removed
14 professionally or treated professionally is one
15 of the ways to stem the rapid death of these
16 trees across the state. And so making it
17 possible for homeowners to do this is a very
18 important thing to do. So I thank you, Senator
19 Kennedy, for this bill.
20 I vote aye.
21 ACTING PRESIDENT BENJAMIN: Senator
22 May to be recorded in the affirmative.
23 Senator Ranzenhofer to explain his
24 vote.
25 SENATOR RANZENHOFER: Thank you,
6279
1 Mr. President. I also rise in support of this
2 legislation.
3 Years ago the State of New York
4 provided assistance to municipalities all across
5 the state to deal with this issue. But one of
6 the things that the Legislature did not do is to
7 help homeowners. And I can't tell you the number
8 of people that -- it actually numbers into the
9 hundreds of people that have contacted me and
10 contacted my office, the fact that they have
11 these dead trees on their property, they're a
12 danger, they're a hazard, it costs them thousands
13 of dollars to have to improve their property and
14 make it more safe.
15 This will be a good financial tool
16 for them to be able to use to absorb costs that
17 they are going to have to undertake through no
18 fault of their own. So I commend Senator Kennedy
19 for this legislation. It's something that we've
20 all heard this in our part of the state from all
21 of our constituents. And if we can provide this
22 small measure of relief to homeowners and
23 taxpayers, it's a good thing.
24 I'll be voting yes.
25 ACTING PRESIDENT BENJAMIN: Senator
6280
1 Ranzenhofer to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1487, Senate Print 3318, by Senator Jackson, an
8 act to amend the Administrative Code of the City
9 of New York.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1487, those Senators voting in
21 the negative are Senators Antonacci, Amedore,
22 Flanagan, Gallivan, Gaughran, Griffo, Helming,
23 Jacobs, Jordan, Lanza, LaValle, Little, Martinez,
24 O'Mara, Ortt, Ranzenhofer, Ritchie, Robach,
25 Serino, Seward and Tedisco.
6281
1 Ayes, 41. Nays, 21.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1488, Senate Print 3319, by Senator Jackson, an
6 act to amend the Administrative Code of the City
7 of New York.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1488, those Senators voting in
19 the negative are Senators Antonacci, Amedore,
20 Flanagan, Gallivan, Gaughran, Griffo, Helming,
21 Jacobs, Jordan, Lanza, LaValle, Little, Martinez,
22 O'Mara, Ortt, Ranzenhofer, Ritchie, Serino,
23 Seward and Tedisco. Also Senator Robach.
24 Ayes, 41. Nays, 21.
25 ACTING PRESIDENT BENJAMIN: The
6282
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1489, Senate Print 3352, by Senator Ramos, an act
4 to amend the Tax Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 There is a substitution at the desk.
18 The Secretary will read.
19 THE SECRETARY: Senator Addabbo
20 moves to discharge, from the Committee on
21 Finance, Assembly Bill Number 2257A and
22 substitute it for the identical Senate Bill
23 Number 3435A, Third Reading Calendar 1490.
24 ACTING PRESIDENT BENJAMIN: The
25 substitution is so ordered.
6283
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1490, Assembly Print Number 2257A, by
4 Assemblymember Barnwell, an act to establish a
5 commission to be known as the "New York Seawall
6 Study Commission."
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1491, Senate Print 3698A, by Senator Gianaris, an
21 act to amend the Public Health Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 90th day after it
6284
1 shall have become a law.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1491, those Senators voting in
9 the negative are Senators Flanagan, Helming and
10 Seward.
11 Ayes, 59. Nays, 3.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1492, Senate Print 3816, by Senator Harckham, an
16 act to amend the 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:
25 Announce the results.
6285
1 THE SECRETARY: In relation to
2 Calendar Number 1492, those Senators voting in
3 the negative are Senators Antonacci, Brooks,
4 Funke, Gaughran, Helming, Jacobs, Kaminsky,
5 Kaplan, Kennedy, Lanza, Martinez, Metzger, Ortt,
6 Serino, Skoufis, Tedisco, and Thomas.
7 Ayes, 45. Nays, 17.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1493, Senate Print 3951, by Senator Montgomery,
12 an act to amend the State Finance 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: In relation to
23 Calendar 1493, those Senators voting in the
24 negative are Senators Griffo, Jacobs and Ortt.
25 Ayes, 59. Nays, 3.
6286
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 Rivera
6 moves to discharge, from the Committee on Rules
7 Assembly Bill Number 2787 and substitute it for
8 the identical Senate Bill Number 3960, Third
9 Reading Calendar 1494.
10 ACTING PRESIDENT BENJAMIN: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1494, Assembly Print Number 2787, by
15 Assemblymember Gottfried, an act to amend the
16 Social Services Law and the Public Health 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.
6287
1 THE SECRETARY: In relation to
2 Calendar Number 1494, those Senators voting in
3 the negative are Senators Gallivan, Griffo,
4 Jacobs and Ortt. Also Senator Ranzenhofer.
5 Ayes, 57. Nays, 5.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1495, Senate Print 3972, by Senator Harckham, an
10 act to amend the Real Property Tax Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 60th 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: In relation to
22 Calendar Number 1495, those Senators voting in
23 the negative are Senators Amedore, Flanagan,
24 Funke, Gallivan, Jacobs, Jordan, Lanza, O'Mara,
25 Ortt, Ranzenhofer, Serino, Seward and Tedisco.
6288
1 Also Senator Griffo.
2 Ayes, 48. Nays, 14.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1496, Senate Print 4045A, by Senator Jackson, an
7 act to amend the Education Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 180th 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: Senator
17 Jackson to explain his vote.
18 SENATOR JACKSON: Thank you,
19 Mr. President.
20 My colleagues, I rise to explain,
21 briefly explain my sponsorship of this bill. Law
22 school is expensive these days, as many of you
23 know, and my colleagues know from personal
24 experiences and experiences of our staff. In
25 particular, there's no relief for student loans
6289
1 facing lawyers who decide to enter public service
2 at the municipal level.
3 And so for example, there are about
4 500 attorneys employed by the City of New York in
5 agencies that provide these vital social and
6 productive services or police services, such as
7 the Administration for Children's Services, the
8 Department of Social Services, the Department of
9 Housing Preservation and Development, the
10 Housing Authority, the Department of Health and
11 Mental Hygiene, the Department of Youth and
12 Community Development, and the Office of the
13 Aging. Of these, about half have student loans,
14 some in excess of $100,000.
15 This bill helps us to attract
16 attorneys to enter public service and retain
17 experienced ones who have already made this noble
18 choice. I hope you join me in voting aye on this
19 particular bill.
20 Thank you, Mr. President.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Jackson to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1496, those Senators voting in
6290
1 the negative are Senators Helming, Ranzenhofer,
2 Robach and Skoufis.
3 Ayes, 58. Nays, 4.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1497, Senate Print 4066, by Senator Biaggi, an
8 act to amend the Insurance Law and the
9 Public Health Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 7. This
13 act shall take effect on the 180th day after it
14 shall have become a law.
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 1498, Senate Print 4074, by Senator Biaggi, an
25 act to amend the Executive Law.
6291
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: In relation to
11 Calendar Number 1498, those Senators voting in
12 the negative are Senators Antonacci, Gallivan,
13 Helming, Jacobs, Jordan, O'Mara, Ortt,
14 Ranzenhofer, Serino and Tedisco.
15 Ayes, 52. Nays, 10.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 There is a substitution at the desk.
19 The Secretary will read.
20 THE SECRETARY: Senator Carlucci
21 moves to discharge, from the Committee on Local
22 Government, Assembly Bill Number 5955 and
23 substitute it for the identical Senate Bill 4112,
24 Third Reading Calendar 1499.
25 ACTING PRESIDENT BENJAMIN: The
6292
1 substitution is so ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 1499, Assembly Number 5955, by
5 Assemblymember Jaffee, an act to amend the
6 Village Law and the Public Officers Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 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 Seward
22 moves to discharge, from the Committee on
23 Investigations and Government Operations,
24 Assembly Bill Number 6548 and substitute it for
25 the identical Senate Bill Number 4419, Third
6293
1 Reading Calendar 1502.
2 ACTING PRESIDENT BENJAMIN: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1502, Assembly Print Number 6548, by
7 Assemblymember Crouch, an act to amend the
8 Tax 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: In relation to
19 Calendar Number 1502, those Senators voting in
20 the negative are Senators Antonacci, Brooks,
21 Gaughran, Harckham, Helming, Jacobs, Kaminsky,
22 Kaplan, Kennedy, Lanza, Martinez, Metzger, Ortt,
23 Skoufis and Thomas.
24 Ayes, 47. Nays, 15.
25 ACTING PRESIDENT BENJAMIN: The
6294
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1504, Senate Print 4654, by Senator Metzger, an
4 act to amend the Tax Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1504, those Senators voting in
16 the negative are Senators Antonacci, Brooks,
17 Gaughran, Harckham, Helming, Jacobs, Kaminsky,
18 Kaplan, Kennedy, Lanza, Martinez, Ortt,
19 Ranzenhofer, Serino, Skoufis, Tedisco and Thomas.
20 Ayes, 45. Nays, 17.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1505, Senate Print 4717A, by Senator Metzger, an
25 act to amend the Tax Law.
6295
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: In relation to
11 Calendar Number 1505, those Senators voting in
12 the negative are Senators Antonacci, Brooks,
13 Gaughran, Harckham, Helming, Jacobs, Kaminsky,
14 Kaplan, Kennedy, Lanza, Martinez, Ortt,
15 Ranzenhofer, Serino, Skoufis, Tedisco and Thomas.
16 Ayes, 45. Nays, 17.
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 Kavanagh
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 6240 and substitute it for
24 the identical Senate Bill Number 5139, Third
25 Reading Calendar 1506.
6296
1 ACTING PRESIDENT BENJAMIN: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1506, Assembly Print Number 6240, by
6 Assemblymember Magnarelli, an act to amend the
7 Civil Practice Law and Rules.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect one year after it shall
12 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 1507, Senate Print 5146, by Senator Kavanagh, an
23 act to amend the Penal Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
6297
1 THE SECRETARY: Section 11. 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 1508, Senate Print 5151, by Senator Addabbo, an
13 act to amend the General Business Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day after it
18 shall have become a law.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 1508, those Senators voting in the
6298
1 negative are Senators Antonacci, Amedore, Lanza
2 and Skoufis.
3 Ayes, 58. Nays, 4.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1509, Senate Print 5328A, by Senator Breslin, an
8 act to amend the Insurance Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 90th 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: Senator
18 Breslin to explain his vote.
19 SENATOR BRESLIN: Thank you,
20 Mr. President.
21 In healthcare, as more and more
22 patients are being treated on an outpatient
23 basis, we need to modernize prior authorization.
24 By updating the prior authorization statute to
25 allow providers to better serve the needs of
6299
1 their patients in a timely fashion, we will
2 greatly improve patient outcomes.
3 The legislation ensures that
4 patients receive medically necessary services
5 when they are in a compromised state -- in an
6 emergency room, they may be under sedation, if
7 the doctor finds something new that wasn't
8 expected in that prior authorization, this bill
9 will solve that problem.
10 And I applaud the plans and the
11 hospitals for getting together and making this
12 agreement, which will provide very much more
13 up-to-date service under prior authorization.
14 Thank you, Mr. President. I vote
15 aye.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Breslin to be recorded in the affirmative.
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 Seward
25 moves to discharge, from the Committee on Rules,
6300
1 Assembly Bill Number 7390 and substitute it for
2 the identical Senate Bill 5344, Third Reading
3 Calendar 1510.
4 ACTING PRESIDENT BENJAMIN: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1510, Assembly Print Number 7390, by
9 Assemblymember Lifton, an act to amend the
10 Tax Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1510, those Senators voting in
22 the negative are Senators Antonacci, Brooks,
23 Gaughran, Harckham, Helming, Kaminsky, Kaplan,
24 Kennedy, Lanza, Martinez, Metzger, Ortt, Serino,
25 Skoufis and Thomas. Also Senator Tedisco.
6301
1 Ayes, 46. Nays, 16.
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 Little
7 moves to discharge, from the Committee on Rules,
8 Assembly Bill Number 7450 and substitute it for
9 the identical Senate Bill Number 5451, Third
10 Reading Calendar 1511.
11 ACTING PRESIDENT BENJAMIN: The
12 substitution is so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1511, Assembly Print Number 7450, by
16 Assemblymember Stec, an act to amend the Tax Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect January 1, 2020.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
6302
1 THE SECRETARY: In relation to
2 Calendar Number 1511, those Senators voting in
3 the negative are Senators Antonacci, Brooks,
4 Gaughran, Harckham, Helming, Kaminsky, Kaplan,
5 Kennedy, Lanza, Martinez, Metzger, Ortt, Serino,
6 Skoufis, Tedisco and Thomas.
7 Ayes, 46. Nays, 16.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1512, Senate Print 5453, by Senator Skoufis, an
12 act to amend the Tax 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: In relation to
23 Calendar Number 1512, those Senators voting in
24 the negative are Senators Antonacci, Brooks,
25 Gaughran, Harckham, Helming, Jacobs, Kaminsky,
6303
1 Kaplan, Kennedy, Lanza, Martinez, Metzger, Ortt,
2 Ranzenhofer, Serino, Tedisco and Thomas.
3 Ayes, 45. Nays, 17.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1513, Senate Print 5586, by Senator Carlucci, an
8 act in relation to authorizing Bais Trany of
9 Monsey, Inc., to file an application for certain
10 real property tax exemptions.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1513, those Senators voting in
22 the negative are Senators Antonacci and O'Mara.
23 Ayes, 60. Nays, 2.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6304
1 THE SECRETARY: Calendar Number
2 1514, Senate Print 5672, by Senator May, an act
3 to amend the Tax Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1514, those Senators voting in
15 the negative are Senators Antonacci, Amedore,
16 Brooks, Gaughran, Harckham, Helming, Jacobs,
17 Jordan, Kaminsky, Kaplan, Kennedy, Lanza,
18 Martinez, Metzger, Ortt, Serino, Skoufis, Tedisco
19 and Thomas.
20 Ayes, 43. Nays, 19.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1515, Senate Print 5721A, by Senator Comrie, an
25 act to amend the General Business Law.
6305
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 180th day after it
5 shall have become a law.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1515, those Senators voting in
13 the negative are Senators Antonacci, Amedore,
14 Flanagan, Funke, Gallivan, Griffo, Helming,
15 Jacobs, Jordan, Lanza, LaValle, Little, O'Mara,
16 Ortt, Ranzenhofer, Serino, Seward and Tedisco.
17 Ayes, 44. Nays, 18.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 There is a substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Amedore
23 moves to discharge, from the Committee on Rules,
24 Assembly Bill Number 2198 and substitute it for
25 the identical Senate Bill Number 5761, Third
6306
1 Reading Calendar 1516.
2 ACTING PRESIDENT BENJAMIN: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1516, Assembly Print Number 2198, by
7 Assemblymember Steck, an act to amend the
8 Tax Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first month next
13 succeeding the date on which it shall have become
14 a law.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1516, those Senators voting in
22 the negative are Senators Antonacci, Brooks,
23 Gaughran, Harckham, Helming, Kaminsky, Kaplan,
24 Kennedy, Lanza, Martinez, Metzger, Serino,
25 Skoufis and Thomas.
6307
1 Ayes, 48. Nays, 14.
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 May moves
7 to discharge, from the Committee on Rules,
8 Assembly Bill Number 7924A and substitute it for
9 the identical Senate Bill 6042A, Third Reading
10 Calendar 1517.
11 ACTING PRESIDENT BENJAMIN: The
12 substitution is so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1517, Assembly Print Number 7924A, by
16 Assemblymember Magnarelli, an act to amend the
17 Education Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
6308
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 1517, those Senators voting in
4 the negative are Senators Antonacci, Flanagan,
5 Funke, Griffo, LaValle, O'Mara and Ranzenhofer.
6 Ayes, 55. Nays, 7.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1518, Senate Print 6073, by Senator Brooks, an
11 act to amend the Public Health Law.
12 SENATOR GIANARIS: Lay it aside for
13 the day, please.
14 ACTING PRESIDENT BENJAMIN: Lay it
15 aside for the day.
16 THE SECRETARY: Calendar Number
17 1519, Senate Print 6076, by Senator Brooks, an
18 act to amend the Public Health Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 3. 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.
6309
1 (The Secretary called the roll.)
2 SENATOR GIANARIS: Lay it aside for
3 the day, please.
4 ACTING PRESIDENT BENJAMIN: Lay it
5 aside for the day.
6 There is a substitution at the desk.
7 The Secretary will read.
8 THE SECRETARY: Senator Metzger
9 moves to discharge, from the Committee on Rules,
10 Assembly Bill Number 8011 and substitute it for
11 the identical Senate Bill Number 6254, Third
12 Reading Calendar 1522.
13 ACTING PRESIDENT BENJAMIN: The
14 substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1522, Assembly Print Number 8011, by
18 Assemblymember Gunther, an act to amend the
19 Highway Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
6310
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 Addabbo
10 moves to discharge, from the Committee on Rules,
11 Assembly Bill Number 7773 and substitute it for
12 the identical Senate Bill 6270, Third Reading
13 Calendar 1524.
14 ACTING PRESIDENT BENJAMIN: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1524, Assembly Print Number 7773, by
19 Assemblymember Buttenschon, an act to amend
20 Part 1 of Chapter 61 of the Laws of 2017.
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
6311
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 There is a substitution at the desk.
9 The Secretary will read.
10 THE SECRETARY: Senator Mayer moves
11 to discharge, from the Committee on Rules,
12 Assembly Bill Number 8088 and substitute it for
13 the identical Senate Bill Number 6304, Third
14 Reading Calendar 1525.
15 ACTING PRESIDENT BENJAMIN: The
16 substitution is so ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1525, Assembly Print Number 8088, by
20 Assemblymember Pretlow, an act to amend the
21 Tax Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
6312
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 1525, those Senators voting in
8 the negative are Senators Amedore, Antonacci,
9 Brooks, Gaughran, Harckham, Helming, Jacobs,
10 Kaminsky, Kaplan, Kennedy, Lanza, Martinez,
11 Metzger, Ortt, Ranzenhofer, Serino, Skoufis,
12 Tedisco and Thomas.
13 Ayes, 43. Nays, 19.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1526, Senate Print 6337A, by Senator Rivera, an
18 act to amend the Public Health 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.)
6313
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 There is a substitution at the desk.
7 The Secretary will read.
8 THE SECRETARY: Senator Bailey
9 moves to discharge, from the Committee on Rules,
10 Assembly Bill Number 7584 and substitute it for
11 the identical Senate Bill Number 6347, Third
12 Reading Calendar 1527.
13 ACTING PRESIDENT BENJAMIN: The
14 substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1527, Assembly Print Number 7584, by
18 Assemblymember Lentol, an act to amend the
19 Criminal Procedure Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 90th day after it
24 shall have become a law.
25 ACTING PRESIDENT BENJAMIN: Call
6314
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1527, voting in the negative:
7 Senator Amedore.
8 Ayes, 61. Nays, 1.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1528, Senate Print 6362, by Senator Griffo, an
13 act to amend the Tax 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: In relation to
24 Calendar 1528, those Senators voting in the
25 negative are Senators Antonacci, Brooks,
6315
1 Gaughran, Harckham, Helming, Kaminsky, Kaplan,
2 Kennedy, Lanza, Martinez, Metzger, Serino,
3 Skoufis and Thomas.
4 Ayes, 48. Nays, 14.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1529, Senate Print 6375, by Senator Gallivan, an
9 act to amend the Tax Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1529, those Senators voting in
21 the negative are Senators Amedore, Antonacci,
22 Brooks, Gaughran, Harckham, Helming, Jordan,
23 Kaminsky, Kaplan, Kennedy, Lanza, Martinez,
24 Metzger, Serino, Skoufis, Tedisco and Thomas.
25 Ayes, 45. Nays, 17.
6316
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 Martinez
6 moves to discharge, from the Committee on Cities,
7 Assembly Bill Number 5505 and substitute it for
8 the identical Senate Bill Number 6424A, Third
9 Reading Calendar 1530.
10 ACTING PRESIDENT BENJAMIN: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1530, Assembly Bill Number 5505, by
15 Assemblymember Thiele, an act to amend the
16 General City 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.
6317
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1531, Senate Print 6427A, by Senator Montgomery,
6 an act to amend the Social Services Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 13. 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 1531, those Senators voting in
18 the negative are Senators Amedore, Antonacci,
19 Flanagan, Griffo, Helming, Jacobs, Jordan,
20 LaValle, O'Mara, Ortt, Ranzenhofer, Ritchie,
21 Serino, Seward and Tedisco. Also Senator Lanza.
22 Also Senator Skoufis and Senator Martinez.
23 Ayes, 44. Nays, 18.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6318
1 There is a substitution at the desk.
2 The Secretary will read.
3 THE SECRETARY: Senator Mayer moves
4 to discharge, from the Committee on Rules,
5 Assembly Bill Number 8054 and substitute it for
6 the identical Senate Bill Number 6470, Third
7 Reading Calendar 1532.
8 ACTING PRESIDENT BENJAMIN: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1532, Assembly Print Number 8054, by
13 Assemblymember Dilan, an act to amend the
14 Executive Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the same date and in the
19 same manner as a chapter of the Laws of 2019.
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.
6319
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1533, Senate Print 6522, by Senator Bailey, an
5 act to amend the Tax Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 1533, those Senators voting in the
17 negative are Senators Martinez and Skoufis.
18 Ayes, 60. Nays, 2.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 There is a substitution at the desk.
22 The Secretary will read.
23 THE SECRETARY: Senator Thomas
24 moves to discharge, from the Committee on Rules,
25 Assembly Bill Number 7497 and substitute it for
6320
1 the identical Senate Bill Number 5288, Third
2 Reading Calendar 1590.
3 ACTING PRESIDENT BENJAMIN: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1590, Assembly Print Number 7497, by
8 Assemblymember Raynor, an act to amend the
9 Highway Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1591, Senate Print 5946B, by Senator May, an act
24 to amend the Education Law.
25 ACTING PRESIDENT BENJAMIN: Read
6321
1 the last section.
2 THE SECRETARY: Section 4. 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 want to thank the Majority Leader
12 for bringing this bill to the floor, but also for
13 visiting with me the old Central High School
14 building in Syracuse, which has been empty for
15 decades. But it's a spectacular building with
16 the best auditorium anywhere in the region, where
17 opera singers would come and perform back when
18 the school was in its heyday.
19 The City of Syracuse is plagued by
20 some of the worst concentrated poverty and racial
21 segregation in the whole country, and the school
22 district has been struggling for a long time to
23 raise up the students in the city, but kind of in
24 isolation.
25 This STEAM school opportunity to
6322
1 turn this old Central High School into a magnet
2 school for STEM and the arts offers an
3 opportunity to the City of Syracuse to attract
4 students from the suburbs all around. Twelve
5 schools have agreed to participate in this joint
6 project and send their children to the City of
7 Syracuse to study alongside the students from the
8 school district. I think it's the first, best
9 opportunity we've had in a long time to address
10 some of the segregation and concentrated poverty
11 that we have in the city and actually to open our
12 whole region up so the kids with talents from
13 within the city and all around the city can work
14 together, learn together, and start to raise our
15 whole region up so that it's not dragged down by
16 the issues of poverty and segregation that have
17 been holding us back for such a long time.
18 So I'm very excited that this is a
19 step in making this project move forward, and I'm
20 grateful to my colleagues for supporting it.
21 Thank you. I vote aye.
22 ACTING PRESIDENT BENJAMIN: Senator
23 May to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 62.
6323
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1592, Senate Print 6465A, by Senator Amedore, an
5 act to authorize the City of Amsterdam, in the
6 County of Montgomery, to finance a certain
7 deficit by the issuance of bonds.
8 ACTING PRESIDENT BENJAMIN: There
9 is a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 8. 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 Senator Gianaris, that completes the
22 reading of the supplemental calendar.
23 SENATOR GIANARIS: Mr. President,
24 earlier we had laid aside Calendar 401, by
25 Senator Little. Can we remove that lay-aside and
6324
1 take that bill up, please.
2 ACTING PRESIDENT BENJAMIN: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 401, Assembly Print Number 4474, by
6 Assemblymember Stec, an act to amend the Tax 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 401, those Senators voting in the
18 negative are Senators Amedore, Brooks, Gaughran,
19 Harckham, Helming, Kaminsky, Kaplan, Kennedy,
20 Lanza, Martinez, Metzger, Serino, Skoufis,
21 Tedisco and Thomas.
22 Ayes, 47. Nays, 15.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 Senator Gianaris, that completes the
6325
1 reading of today's calendar.
2 SENATOR GIANARIS: Can we now take
3 up the controversial calendar, please.
4 ACTING PRESIDENT BENJAMIN: The
5 Secretary will ring the bell.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 634, Senate Print 97B, by Senator Kaminsky, an
9 act to amend the Public Officers Law and the
10 Public Authorities Law, in relation to
11 prohibiting certain persons from receiving
12 compensation for legal fees.
13 ACTING PRESIDENT BENJAMIN: Senator
14 O'Mara.
15 SENATOR O'MARA: Yes, would the
16 sponsor provide an explanation, please.
17 ACTING PRESIDENT BENJAMIN: Are you
18 asking the sponsor to yield for an explanation?
19 SENATOR O'MARA: Through you,
20 Mr. President.
21 ACTING PRESIDENT BENJAMIN: Would
22 the sponsor yield?
23 SENATOR KAMINSKY: Yes.
24 ACTING PRESIDENT BENJAMIN: The
25 sponsor yields.
6326
1 SENATOR O'MARA: Senator, could you
2 please provide an explanation and the purpose of
3 this legislation?
4 SENATOR KAMINSKY: Sure.
5 What this bill is intended to do is
6 cut out some of the corruption that's surrounded
7 Industrial Development Agencies where they hire
8 as consultants their cronies, friends, family
9 members, et cetera. There was a particular
10 scandal on Long Island involving the indictment
11 and conviction of a local elected official who
12 was employed in one jurisdiction as an IDA
13 counsel and served as an elected representative
14 in another.
15 And we obviously want our tax money
16 that helps, you know, keep the IDA system going
17 indirectly, and certainly the fees paid to IDAs
18 to be used to get the best expert legal and other
19 consulting advice to make the best economic
20 decisions for the populace, not to help give
21 contracts to politically connected people.
22 So what this says is if you are an
23 elected member of the Legislature, a state
24 official, a party chair, you cannot derive a fee
25 from an IDA.
6327
1 SENATOR O'MARA: Through you,
2 Mr. President, will the sponsor yield.
3 ACTING PRESIDENT BENJAMIN: Does
4 the sponsor yield?
5 SENATOR KAMINSKY: Yes.
6 ACTING PRESIDENT BENJAMIN: The
7 sponsor yields.
8 SENATOR O'MARA: Now, I'm just a
9 little unclear on the wording of this, where you
10 say no statewide elected official, no state
11 officer or employee, no member of the
12 Legislature, no legislative employee or a
13 political party chairman can be compensated for
14 providing legal services or consulting services
15 to a local authority such as an IDA or an LDC.
16 SENATOR KAMINSKY: Through you,
17 Mr. President, that's correct, that's the text of
18 the bill.
19 SENATOR O'MARA: Now, in
20 speaking -- will the sponsor yield?
21 ACTING PRESIDENT BENJAMIN: Does
22 the sponsor yield?
23 SENATOR KAMINSKY: Yes.
24 ACTING PRESIDENT BENJAMIN: The
25 sponsor yields.
6328
1 SENATOR O'MARA: Now, in speaking
2 with you about this bill -- and I realize you
3 have revised this, amended it, based on our
4 conversations -- that it would only apply to such
5 a prohibited individual if they have more than a
6 10 percent ownership share of the law firm?
7 SENATOR KAMINSKY: That's correct.
8 Or a controlling share of the profits of that
9 firm, yes.
10 SENATOR O'MARA: Will the sponsor
11 yield?
12 ACTING PRESIDENT BENJAMIN: Does
13 the sponsor yield?
14 SENATOR KAMINSKY: Yes.
15 ACTING PRESIDENT BENJAMIN: The
16 sponsor yields.
17 SENATOR O'MARA: Now, the
18 legislation goes on to say -- so let's just use
19 an example. We've got a lot of attorneys that
20 work here in the Legislature as employees, a lot
21 of them part-time and they practice in the real
22 world, so to speak.
23 Would that employee, would that
24 legislative employee be precluded from doing and
25 getting paid for legal services to an IDA or an
6329
1 LDC where that individual was a sole proprietor
2 of a law firm?
3 SENATOR KAMINSKY: So -- it
4 depends. So if that individual, that
5 representative, for example from the -- through
6 you, Mr. President, from the -- if that, let's
7 say, state legislator is not a controlling
8 shareholder, meaning has under 10 percent
9 ownership in that firm, then this law would not
10 apply.
11 If the person does have 10 percent
12 or over, the person cannot share in any of the
13 fees derived from that work, although the firm
14 could.
15 SENATOR O'MARA: Okay. Through
16 you, Mr. President, will the sponsor yield?
17 ACTING PRESIDENT BENJAMIN: Will
18 the sponsor yield?
19 SENATOR KAMINSKY: Yes.
20 ACTING PRESIDENT BENJAMIN: The
21 sponsor yields.
22 SENATOR O'MARA: So that
23 legislative employee, if he's in sole practice,
24 is precluded from doing that type of legal work?
25 SENATOR KAMINSKY: Through you,
6330
1 Mr. President, yes.
2 SENATOR O'MARA: And through you,
3 Mr. President, if the sponsor will yield.
4 ACTING PRESIDENT BENJAMIN: Does
5 the sponsor yield?
6 SENATOR KAMINSKY: Yes.
7 ACTING PRESIDENT BENJAMIN: The
8 sponsor yields.
9 SENATOR O'MARA: And then if --
10 with 10 percent, so I'm assuming this applies to
11 partnerships. So if you're in a partnership or
12 an LLC or a professional LLC, a limited liability
13 partnership, as a lot of law firms are formed,
14 and that individual has less than a 10 percent
15 ownership share, then that individual
16 who's a legislative employee can perform legal
17 work for an IDA or an LDC and be compensated for
18 it?
19 SENATOR KAMINSKY: Through you,
20 Mr. President, yes.
21 SENATOR O'MARA: I just want to be
22 clear on that's what the intent --
23 ACTING PRESIDENT BENJAMIN: Senator
24 O'Mara.
25 SENATOR O'MARA: Through you,
6331
1 Mr. President.
2 ACTING PRESIDENT BENJAMIN: Does
3 the sponsor yield?
4 SENATOR KAMINSKY: Yes.
5 ACTING PRESIDENT BENJAMIN: The
6 sponsor yields.
7 SENATOR O'MARA: I just want to be
8 clear on it. The intent of this legislation is
9 not to preclude a member of the Legislature or
10 any of these categories you've listed -- elected
11 officials, employees or state officers,
12 legislative employees, members of the
13 Legislature, or political party chairmen -- that
14 it's not intended to preclude those individuals
15 from doing work for an IDA or an LDC if they own
16 or have less than a 10 percent ownership share,
17 controlling interest, in the partnership, LLC or
18 firm?
19 SENATOR KAMINSKY: Through you,
20 Mr. President, that's not only the intent of
21 this, but it is also the express word in the law
22 it is the intent. And if we find going forward
23 that it's being abused and -- by allowing that
24 way, we could revisit it. But yes, you're
25 correct.
6332
1 SENATOR O'MARA: Through you,
2 Mr. President, will the sponsor yield?
3 ACTING PRESIDENT BENJAMIN: Does
4 the sponsor yield?
5 SENATOR KAMINSKY: Yes.
6 ACTING PRESIDENT BENJAMIN: The
7 sponsor yields.
8 SENATOR O'MARA: You used the words
9 "partnership," "limited liability company,"
10 "corporation," but you also used the word "firm."
11 Can you provide a definition of the word "firm"?
12 SENATOR KAMINSKY: Through you,
13 Mr. President, you're asking how to define
14 "firm"?
15 SENATOR O'MARA: Correct.
16 SENATOR KAMINSKY: Through you,
17 Mr. President, it's -- whatever the definition of
18 "firm" in the Public Officers Law is, it's
19 unchanged. This bill does not change that.
20 SENATOR O'MARA: Through you,
21 Mr. President --
22 ACTING PRESIDENT BENJAMIN: Does
23 the sponsor yield? Sponsor, do you yield?
24 SENATOR KAMINSKY: Yes.
25 ACTING PRESIDENT BENJAMIN: The
6333
1 sponsor yields.
2 SENATOR O'MARA: Where in the
3 Public Officers Law is "firm" defined? And can
4 you read that definition?
5 SENATOR KAMINSKY: Through you,
6 Mr. President, we're vigorously using the
7 control-F function. One moment.
8 Through you, Mr. President, we're
9 unable to locate it right now. But perhaps the
10 Senator can elucidate us on what the issue is.
11 "Firm" is a common definition of what it means to
12 work in a firm. And if there's a particular
13 circumstance that would involve some gray area of
14 whether someone is in a firm or not, I could
15 certainly try my best to make clear how the law
16 would impact.
17 SENATOR O'MARA: Through you,
18 Mr. President --
19 ACTING PRESIDENT BENJAMIN: Does
20 the sponsor yield?
21 SENATOR KAMINSKY: Yes.
22 ACTING PRESIDENT BENJAMIN: The
23 sponsor yields.
24 SENATOR O'MARA: I'm just not aware
25 of a definition of "firm" in the law. And
6334
1 whether we're just going on a basic common
2 definition of the word "firm" -- which I suppose
3 would be an individual or a group of attorneys
4 making up a firm -- how that is different or
5 maybe defined differently than an LLC or a
6 limited liability partnership or a regular
7 partnership or a corporation.
8 SENATOR KAMINSKY: Through you,
9 Mr. President, I can't offer any more
10 clarification as to that.
11 SENATOR O'MARA: Through you,
12 Mr. President, will the sponsor yield?
13 ACTING PRESIDENT BENJAMIN: Does
14 the sponsor yield?
15 SENATOR KAMINSKY: Yes.
16 ACTING PRESIDENT BENJAMIN: The
17 sponsor yields.
18 SENATOR O'MARA: In the second
19 section of this legislation, the same language is
20 repeated that we've been discussing on who's
21 prohibited from this. But I take it that
22 Section 2 isn't about being compensated for legal
23 work, it is for actually serving on an IDA or an
24 LDC or other local or state authority?
25 SENATOR KAMINSKY: Through you,
6335
1 Mr. President, that's correct.
2 SENATOR O'MARA: So no member of
3 the Legislature --
4 ACTING PRESIDENT BENJAMIN: Senator
5 O'Mara. Senator O'Mara.
6 SENATOR O'MARA: Through you,
7 Mr. President.
8 ACTING PRESIDENT BENJAMIN: Does
9 the sponsor yield?
10 SENATOR KAMINSKY: Yes.
11 ACTING PRESIDENT BENJAMIN: The
12 sponsor yields.
13 SENATOR O'MARA: So is it your
14 intent that no member of the State Legislature or
15 legislative employee or other state employee can
16 serve on a local authority such as an IDA or an
17 LDC?
18 SENATOR KAMINSKY: Through you,
19 Mr. President, subject to the provisions it
20 states in paragraph 2(1) about the amount of
21 compensation that might be involved.
22 SENATOR O'MARA: Through you,
23 Mr. President.
24 ACTING PRESIDENT BENJAMIN: Does
25 the sponsor yield?
6336
1 SENATOR KAMINSKY: Yes.
2 ACTING PRESIDENT BENJAMIN: The
3 sponsor yields.
4 SENATOR O'MARA: So that would be
5 the same criteria of having less than 10 percent
6 of ownership or control of the law firm.
7 SENATOR KAMINSKY: Through you,
8 that's correct.
9 SENATOR O'MARA: Now, can you
10 provide --
11 ACTING PRESIDENT BENJAMIN: Senator
12 O'Mara.
13 SENATOR O'MARA: Through you,
14 Mr. President.
15 ACTING PRESIDENT BENJAMIN: Does
16 the sponsor yield?
17 SENATOR O'MARA: -- if the sponsor
18 yields.
19 SENATOR KAMINSKY: Yes.
20 ACTING PRESIDENT BENJAMIN: The
21 sponsor yields.
22 SENATOR O'MARA: In your sponsor's
23 memo and in your initial explanation of the bill,
24 you said that this legislation arises in response
25 to an instance where a local elected official
6337
1 collected hundreds of thousands of dollars in
2 consulting fees from local Industrial Development
3 Agencies and local Economic Assistance
4 Corporations.
5 Can you give a little more facts on
6 what that local situation was?
7 SENATOR KAMINSKY: Sure.
8 Unfortunately, in this case, the memo remained
9 unchanged despite the B print of the bill. But
10 there's a case of a county legislator -- a
11 county -- excuse me, a Town of Hempstead
12 councilperson named Ed Ambrosino. Ed Ambrosino
13 was also the Nassau County counsel to the Nassau
14 County IDA.
15 So I happen to think it was a
16 particularly bad arrangement to have an elected
17 official, who obviously is very powerful in some
18 area, being the counsel to the Nassau IDA.
19 I also have trouble believing, in
20 the million or so people who live in
21 Nassau County, or millions who work in the
22 metropolitan area, the best lawyer with the best
23 economic legal advice could have been someone who
24 spends, you know, their time on the town council
25 and, you know, happened to be a local elected
6338
1 official. And I think it led to payments that
2 resulted in a federal indictment and removal from
3 office.
4 So that certainly raised the issue,
5 and we're trying to address it now on the state
6 level with state representatives and state
7 officials and state party chairs, and possibly
8 moving it to the local level at a future time.
9 SENATOR O'MARA: Through you,
10 Mr. President.
11 ACTING PRESIDENT BENJAMIN: Does
12 the sponsor yield?
13 SENATOR KAMINSKY: Yes.
14 ACTING PRESIDENT BENJAMIN: The
15 sponsor yields.
16 SENATOR O'MARA: So as currently
17 written, this bill does not preclude a county
18 legislator from serving on a local authority.
19 SENATOR KAMINSKY: Through you,
20 Mr. President, that's correct, no.
21 SENATOR O'MARA: Through you,
22 Mr. President, if the sponsor will yield.
23 ACTING PRESIDENT BENJAMIN: Does
24 the sponsor yield?
25 SENATOR KAMINSKY: Yes.
6339
1 ACTING PRESIDENT BENJAMIN: The
2 sponsor yields.
3 SENATOR O'MARA: So then the
4 purpose of this legislation, for this specific
5 example that you've talked about of a local
6 incident, this law doesn't impact at all?
7 SENATOR KAMINSKY: Through you,
8 Mr. President. No, it does not.
9 But it certainly inspired the law.
10 And I feel that as a state government, it makes
11 sense to deal with this on a state level with
12 state officials. And I think we should in the
13 coming year determine whether we have the powers
14 and wherewithal to do that on that level as well.
15 SENATOR O'MARA: Through you,
16 Mr. President.
17 ACTING PRESIDENT BENJAMIN: Does
18 the sponsor yield?
19 SENATOR KAMINSKY: Yes.
20 ACTING PRESIDENT BENJAMIN: The
21 sponsor yields.
22 SENATOR O'MARA: So at this point
23 we're precluding us members of the Legislature,
24 other statewide elected officials, state
25 officers, any state employee, any employee of
6340
1 legislative bodies here, the Assembly or the
2 Senate, we're precluding them from undertaking
3 this type of legal work or consulting if they
4 happen to have a greater than 10 percent interest
5 in the firm they work for.
6 SENATOR KAMINSKY: Through you,
7 Mr. President, that's correct. But I would also
8 add party -- high-ranking party officials to that
9 list of people it would preclude.
10 SENATOR O'MARA: Through you,
11 Mr. President.
12 ACTING PRESIDENT BENJAMIN: Does
13 the sponsor yield?
14 SENATOR KAMINSKY: Yes.
15 ACTING PRESIDENT BENJAMIN: The
16 sponsor yields.
17 SENATOR O'MARA: Yes, I left off
18 the political party chairmen.
19 What level political party chairman
20 is that? Is that at the county level or is that
21 the state Republican chair or the state
22 Democratic chair?
23 SENATOR KAMINSKY: Through you,
24 Mr. President, it would be a county or state
25 chair, and it would not have to be somebody
6341
1 designated as chair. There's a definition in the
2 Public Officers Law about controlling party
3 functions and controlling day-to-day functions,
4 and it would apply to that person too, whether he
5 or she is actually called chairman or chairwoman.
6 If they're effectively controlling the party, it
7 would apply to him or her as well.
8 SENATOR O'MARA: Through you,
9 Mr. President.
10 ACTING PRESIDENT BENJAMIN: Does
11 the sponsor yield?
12 SENATOR KAMINSKY: Yes.
13 ACTING PRESIDENT BENJAMIN: The
14 sponsor yields.
15 SENATOR O'MARA: So while this bill
16 does not address local elected officials or
17 county employees, town employees from --
18 precluding them from this activity, it would
19 preclude someone who's got political party
20 control as defined.
21 SENATOR KAMINSKY: Through you,
22 Mr. President, that's correct.
23 ACTING PRESIDENT BENJAMIN: Senator
24 O'Mara.
25 SENATOR O'MARA: Through you,
6342
1 Mr. President.
2 ACTING PRESIDENT BENJAMIN: Does
3 the sponsor yield?
4 SENATOR KAMINSKY: Yes.
5 ACTING PRESIDENT BENJAMIN: The
6 sponsor yields.
7 SENATOR O'MARA: The instance that
8 you're responding to here of the local official,
9 was that individual a political chairman?
10 SENATOR KAMINSKY: Through you,
11 Mr. President, no.
12 SENATOR O'MARA: Thank you,
13 Mr. President. Thank you, Senator.
14 ACTING PRESIDENT BENJAMIN: Are
15 there any other Senators wishing to be heard?
16 Seeing and hearing none, debate is
17 closed.
18 Senator Gianaris.
19 SENATOR GIANARIS: Mr. President,
20 without objection, let's return this bill to the
21 noncontroversial calendar, please.
22 ACTING PRESIDENT BENJAMIN: Without
23 objection, so ordered.
24 Read the last section.
25 THE SECRETARY: Section 3. This
6343
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN: Senator
6 Kaminsky to explain his vote. Senator Kaminsky
7 to explain his vote.
8 SENATOR KAMINSKY: Thank you.
9 Mr. President, we want to have our
10 IDAs, that are given public trust but have really
11 failed to earn it, operating on the up-and-up and
12 turning square corners.
13 When IDAs make decisions that impact
14 the public, that actually cause their taxes to go
15 up, people say, and they say loudly, who elected
16 these people, and what is this IDA? And when we
17 allow that system to get too big, we need to put
18 checks and balances on that.
19 One of the things we've seen is IDAs
20 have become patronage mills. That doesn't mean
21 in every instance, or every person associated
22 with it has a taint attached to him or her, but
23 we want to know that the counsels being hired,
24 that the consultants being hired are there
25 because they're necessary and that they're giving
6344
1 the best advice, period.
2 When we start mixing politics with
3 that, we have a big problem. This will hopefully
4 put an end to that.
5 I certainly take Senator O'Mara's
6 criticism to heart that looking at how this
7 operates on a local level would be worthwhile as
8 well. That's something we could take up in the
9 future if the Assembly does not pass this.
10 But I think we need to make sure
11 that our IDAs are operating properly for the good
12 of the public, not for the good of everyone's
13 friends and cronies.
14 I vote in the affirmative.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Kaminsky to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar Number 634, those Senators voting in the
20 negative are Senators Amedore, Flanagan, Funke,
21 Griffo, Jacobs, Jordan, O'Mara, Ranzenhofer and
22 Tedisco.
23 Ayes, 53. Nays, 9.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6345
1 Senator Gianaris, that completes the
2 reading of today's calendar.
3 SENATOR GIANARIS: Can you
4 recognize Senator Griffo for an announcement,
5 please.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Griffo for an announcement.
8 SENATOR GRIFFO: Thank you,
9 Mr. President.
10 There will be an immediate meeting
11 of the Republican Conference in the Republican
12 Conference Room.
13 ACTING PRESIDENT BENJAMIN: There
14 will be an immediate meeting of the Republican
15 Conference in the Republican Conference Room.
16 Senator Gianaris.
17 SENATOR GIANARIS: The Senate will
18 stand at ease.
19 ACTING PRESIDENT BENJAMIN: The
20 Senate will stand at ease.
21 (Whereupon, the Senate stood at ease
22 at 4:53 p.m.)
23 (Whereupon, the Senate reconvened at
24 7:57 p.m.)
25 ACTING PRESIDENT BAILEY: Senator
6346
1 Hoylman.
2 SENATOR HOYLMAN: Thank you,
3 Mr. President.
4 There will be an immediate meeting
5 of the Senate Majority Conference in the
6 Conference Room.
7 The Senate will stand at ease.
8 ACTING PRESIDENT BAILEY: There
9 will be an immediate meeting of the Senate
10 Democratic Conference in the Senate Majority
11 Conference Room.
12 The Senate stands at ease.
13 (Whereupon, the Senate stood at ease
14 at 7:57 p.m.)
15 (Whereupon, the Senate reconvened at
16 9:57 p.m.)
17 ACTING PRESIDENT SEPÚLVEDA: The
18 Senate will come to order.
19 Senator Gianaris.
20 SENATOR GIANARIS: Mr. President,
21 there will be an immediate meeting of the
22 Committee on Rules in Room 332.
23 ACTING PRESIDENT SEPÚLVEDA: There
24 will be an immediate meeting of the
25 Rules Committee in Room 332.
6347
1 SENATOR GIANARIS: The Senate will
2 stand at ease.
3 ACTING PRESIDENT SEPÚLVEDA: The
4 Senate will stand at ease.
5 (Whereupon, the Senate stood at ease
6 at 9:57 p.m.)
7 (Whereupon, the Senate reconvened at
8 10:27 p.m.)
9 ACTING PRESIDENT BENJAMIN: The
10 Senate will return to order.
11 Senator Gianaris.
12 SENATOR GIANARIS: Can we return to
13 reports of standing committees.
14 I believe there's a report of the --
15 I believe the second report of the Rules
16 Committee is at the desk.
17 ACTING PRESIDENT BENJAMIN: The
18 second report of the Rules Committee is at the
19 desk.
20 The Secretary will read.
21 THE SECRETARY: Senator
22 Stewart-Cousins, from the Committee on Rules,
23 reports the following bills:
24 Senate Print 20, by Senator Parker,
25 an act to amend the Public Service Law;
6348
1 Senate Print 301A, by Senator
2 Hoylman, an act to amend the Public Health Law;
3 Senate Print 644A, by Senator Boyle,
4 an act to validate certain acts of the
5 Islip Union Free School District with regard to
6 certain capital improvement projects;
7 Senate Print 1557, by
8 Senator Serrano, an act to create a temporary
9 state commission to study and make
10 recommendations concerning the incidence of
11 asthma in the Borough of the Bronx in
12 New York City;
13 Senate Print 1803A, by Senator
14 Rivera, an act to amend the Public Health Law;
15 Senate Print 2062, by Senator
16 Serrano, an act to amend the Executive Law;
17 Senate Print 2279A, by
18 Senator Hoylman, an act to amend the
19 Public Health Law and the Executive Law;
20 Senate Print 3020, by Senator
21 Kennedy, an act to amend the Transportation Law;
22 Senate Print 3133, by Senator Myrie,
23 an act to amend the Election Law;
24 Senate Print 3254, by
25 Senator Parker, an act to amend the
6349
1 Not-For-Profit Corporation Law;
2 Senate Print 3571, by
3 Senator Serrano, an act to amend the Parks,
4 Recreation and Historic Preservation Law;
5 Senate Print 3735B, by Senator
6 Flanagan, an act in relation to authorizing the
7 East Northport Fire District to file an
8 application for a real property tax exemption;
9 Senate Print 3907, by
10 Senator Serrano, an act to amend the Tax Law;
11 Senate Print 4031B, by
12 Senator Jackson, an act to establish a commission
13 for the educational advancement of multilingual
14 learners in New York;
15 Senate Print 4048A, by
16 Senator Kennedy, an act to amend the Highway Law;
17 Senate Print 4106, by
18 Senator Kaminsky, an act to authorize
19 Joseph DelGiorno's eligibility to apply for
20 military service credit in the New York State
21 Teachers' Retirement System;
22 Senate Print 4135A, by
23 Senator Skoufis, an act to authorize the City of
24 Newburgh, in the County of Orange, to offer an
25 optional twenty-year retirement plan to
6350
1 Police Officer Samuel Kenan Jr.;
2 Senate Print 4189A, by Senator
3 Kennedy, an act to amend the Transportation Law;
4 Senate Print 4389B, by
5 Senator Kaminsky, an act to amend the
6 Environmental Conservation Law;
7 Senate Print 4392, by
8 Senator Akshar, an act to amend the County Law
9 and the Tax Law;
10 Senate Print 4520, by
11 Senator Harckham, an act to amend the
12 Public Authorities Law;
13 Senate Print 4530, by
14 Senator Parker, an act to amend the Tax Law;
15 Senate Print 4862B, by Senator
16 Martinez, an act to amend the Education Law;
17 Senate Print 5035, by
18 Senator Harckham, an act to amend the Vehicle and
19 Traffic Law;
20 Senate Print 5157A, by Senator
21 Breslin, an act to amend the Real Property Law;
22 Senate Print 5202A, by Senator
23 Gounardes, an act directing a study on the impact
24 of increased minimum wage on eligibility for
25 income-based services, programs and subsidies;
6351
1 Senate Print 5312, by
2 Senator Harckham, an act in relation to directing
3 the State Board of Real Property Tax Services to
4 conduct a study on real property tax saturation;
5 Senate Print 5372, by Senator
6 Comrie, an act to amend the Real Property Law;
7 Senate Print 5439, by
8 Senator Metzger, an act to amend the Energy Law;
9 Senate Print 5570, by Senator
10 Martinez, an act to amend the Executive Law;
11 Senate Print 5579, by
12 Senator Serrano, an act to amend the
13 Environmental Conservation Law;
14 Senate Print 5604A, by
15 Senator Kennedy, an act to amend Chapter 5 of the
16 Laws of 1997;
17 Senate Print 5615, by Senator
18 Benjamin, an act to amend the Environmental
19 Conservation Law and the Public Health Law;
20 Senate Print 5634, by
21 Senator Carlucci, an act in relation to
22 permitting the Village of Upper Nyack to file an
23 application for a real property tax exemption;
24 Senate Print 5649, by
25 Senator Gallivan, an act to validate certain acts
6352
1 of the Mount Morris Central School District with
2 regard to certain capital improvement projects;
3 Senate Print 5653A, by Senator
4 Metzger, an act to amend the Public Health Law;
5 Senate Print 5696, by Senator
6 Metzger, an act to amend the Public Service Law;
7 Senate Print 5703, by
8 Senator Sepúlveda, an act to amend the
9 Mental Hygiene Law;
10 Senate Print 5706A, by Senator
11 Flanagan, an act in relation to authorizing the
12 assessor of the Town of Smithtown, County of
13 Suffolk, to accept from the Monastery of the
14 Glorious Ascension, Inc., an application for
15 exemption from real property taxes;
16 Senate Print 5719, by Senator
17 Jackson, an act to amend the Education Law;
18 Senate Print 5826, by Senator May,
19 an act to amend the Environmental Conservation
20 Law;
21 Senate Print 5829, by
22 Senator Serino, an act to amend the
23 Executive Law;
24 Senate Print 5863A, by Senator
25 Jackson, an act to amend the Education Law;
6353
1 Senate Print 5891, by
2 Senator Biaggi, an act to amend the Elder Law;
3 Senate Print 5925, by Senator
4 Kaminsky, an act to amend the Executive Law;
5 Senate Print 5955, by Senator May,
6 an act to authorize the City of Syracuse, in the
7 County of Onondaga, to offer an optional
8 twenty-year retirement plan to Police Officer
9 Thomas R. Nicolini;
10 Senate Print 5956, by Senator May,
11 an act to authorize Morgan McDole, Baraaka J.
12 Titus and David Dunlap to elect to participate in
13 the optional twenty-year retirement plan for
14 firefighters employed by the City of Syracuse
15 Fire Department in the County of Onondaga;
16 Senate Print 6010A, by
17 Senator Hoylman, an act relating to granting
18 retroactive eligibility to apply for enhanced
19 Tier 3 status to former New York City police
20 officer Mark Rivera;
21 Senate Print 6023, by
22 Senator Serrano, an act to amend the
23 Social Services Law and the Executive Law;
24 Senate Print 6025, by
25 Senator Gaughran, an act to amend the
6354
1 Real Property Tax Law;
2 Senate Print 6027, by
3 Senator Gaughran, an act to amend the
4 Real Property Tax Law;
5 Senate Print 6036, by
6 Senator Savino, an act directing the study of the
7 use of blockchain technology to protect voter
8 records and election results;
9 Senate Print 6202A, by
10 Senator Savino, an act to amend the
11 Agriculture and Markets Law;
12 Senate Print 6226, by Senator
13 Felder, an act to amend the Public Health Law;
14 Senate Print 6277, by Senator
15 Robach, an act to amend the Correction Law;
16 Senate Print 6360, by
17 Senator Krueger, an act to amend the Penal Law;
18 Senate Print 6481, by
19 Senator Kaplan, an act to amend Chapter 58 of the
20 Laws of 2013;
21 Senate Print 6545, by
22 Senator Jackson, an act to amend the
23 Private Housing Finance Law;
24 Senate Print 6549, by
25 Senator Carlucci, an act to amend the Labor Law;
6355
1 And Senate Print 6554, by
2 Senator Metzger, an act to amend the
3 Agriculture and Markets Law.
4 All bills ordered direct to third
5 reading.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Gianaris.
8 SENATOR GIANARIS: Move to accept
9 the report of the Rules Committee.
10 ACTING PRESIDENT BENJAMIN: All in
11 favor of accepting the report of the
12 Rules Committee signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT BENJAMIN:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT BENJAMIN: The
18 Rules Committee report is accepted.
19 Senator Gianaris.
20 SENATOR GIANARIS: Can we now take
21 up the third report of the Rules Committee,
22 please. I believe that is at the desk.
23 ACTING PRESIDENT BENJAMIN: There
24 is a third report of the Rules Committee at the
25 desk.
6356
1 The Secretary will read.
2 THE SECRETARY: Senator
3 Stewart-Cousins, from the Committee on Rules,
4 reports the following bills:
5 Senate Print 1555, by Senator
6 Serrano, an act to amend the Agriculture and
7 Markets Law;
8 Senate Print 1951, by
9 Senator Bailey, an act to amend the New York City
10 Civil Court Act;
11 Senate Print 2162, by Senator
12 Bailey, an act to amend the Public Housing Law;
13 Senate Print 2184, by
14 Senator Bailey, an act to amend the Economic
15 Development Law;
16 Senate Print 2701, by
17 Senator Kennedy, an act to amend the
18 Real Property Tax Law;
19 Senate Print 3171A, by
20 Senator Krueger, an act to amend the
21 Financial Services Law;
22 Senate Print 3561A, by
23 Senator Kennedy, an act to amend the
24 State Finance Law;
25 Senate Print 4414A, by
6357
1 Senator Kennedy, an act to amend the Highway Law;
2 Senate Print 4610, by
3 Senator Savino, an act to amend the
4 Religious Corporations Law;
5 Senate Print 4664, by
6 Senator Carlucci, an act to establish the
7 Toll Advisory Task Force, and providing for the
8 powers and duties thereof;
9 Senate Print 4711, by
10 Senator Parker, an act to amend the
11 Domestic Relations Law;
12 Senate Print 4790, by
13 Senator Ritchie, an act to authorize the City of
14 Oswego, in the County of Oswego, to offer an
15 optional twenty-year retirement plan to
16 police officer Zachary Quinones;
17 Senate Print 5023, by Senator
18 Parker, an act to amend the Education Law;
19 Senate Print 5152, by
20 Senator Ritchie, an act relating to legalizing,
21 validating, ratifying and confirming a
22 transportation contract of the Fulton City
23 School District;
24 Senate Print 5224B, by Senator
25 Kennedy, an act to amend the Education Law;
6358
1 Senate Print 5294A, by
2 Senator Ramos, an act to amend the Vehicle and
3 Traffic Law;
4 Senate Print 5394A, by Senator
5 Jackson, an act to amend the Education Law;
6 Senate Print 5547, by
7 Senator Skoufis, an act to amend the
8 Environmental Conservation Law;
9 Senate Print 5609, by
10 Senator Martinez, an act to amend the General
11 Municipal Law and the Public Authorities Law;
12 Senate Print 5908, by Senator
13 Rivera, an act to amend the Public Health Law;
14 Senate Print 6000A, by Senator
15 Rivera, an act to amend the Public Health Law;
16 Senate Print 6048, by Senator
17 Breslin, an act to amend the State Finance Law;
18 Senate Print 6110A, by
19 Senator Savino, an act to amend the Retirement
20 and Social Security Law;
21 Senate Print 6201, by
22 Senator O'Mara, an act in relation to legalizing,
23 validating, ratifying and confirming certain
24 transportation contracts of the Corning City
25 School District;
6359
1 Senate Print 6206B, by
2 Senator LaValle, an act authorizing the
3 alienation of certain parklands in the Town of
4 Southampton, County of Suffolk;
5 Senate Print 6228A, by
6 Senator Stewart-Cousins, an act to authorize the
7 Commissioner of General Services to transfer and
8 convey certain state land to the City of
9 New Rochelle;
10 Senate Print 6250A, by
11 Senator Ramos, an act to amend Chapter 450 of the
12 Laws of 2017;
13 Senate Print 6291, by
14 Senator LaValle, an act authorizing the
15 alienation of certain parklands in the Town of
16 East Hampton, County of Suffolk;
17 Senate Print 6292, by
18 Senator LaValle, an act to authorize the Town of
19 Brookhaven, County of Suffolk, to alienate
20 certain parklands and to dedicate other lands as
21 parklands;
22 Senate Print 6293A, by
23 Senator Comrie, an act to authorize, for certain
24 public works undertaken pursuant to project labor
25 agreements, use of the alternative delivery
6360
1 method known as design-build contracts;
2 Senate Print 6312A, by
3 Senator Kavanagh, an act to authorize the City of
4 New York to discontinue the use as parkland of a
5 portion of real property in the County of
6 New York and to grant easements;
7 Senate Print 6340, by
8 Senator O'Mara, an act to authorize the board of
9 supervisors of Tompkins County to contract with
10 certain entities for the development, maintenance
11 or management of affordable housing;
12 Senate Print 6365, by
13 Senator Gallivan, an act to legalize, validate,
14 ratify and confirm the actions of the Panama
15 Central School District;
16 Senate Print 6372A, by
17 Senator Comrie, an act establishing the "Gateway
18 Development Commission Act";
19 Senate Print 6382, by Senator
20 Ranzenhofer, an act granting retroactive Tier III
21 membership in the New York State and Local
22 Employees' Retirement System to Steven R. Grice;
23 Senate Print 6394, by
24 Senator Carlucci, an act to amend the
25 Social Services Law;
6361
1 Senate Print 6398, by
2 Senator Serrano, an act to implement a
3 constitutional amendment authorizing the
4 placement of public utility lines and bike paths
5 in the Forest Preserve and establishing a health
6 and safety land account;
7 Senate Print 6402, by
8 Senator Montgomery, an act to amend the Penal Law
9 and the Criminal Procedure Law;
10 Senate Print 6411A, by
11 Senator Kavanagh, an act to amend the
12 Public Authorities Law;
13 Senate Print 6423, by
14 Senator Montgomery, an act to amend the
15 Family Court Act and the Domestic Relations Law;
16 Senate Print 6437, by
17 Senator Sepúlveda, an act to amend the New York
18 City Charter, the Mental Hygiene Law and the
19 Public Health Law;
20 Senate Print 6438, by Senator
21 Gianaris, an act to amend the Judiciary Law;
22 Senate Print 6443, by Senator
23 Persaud, an act to amend the Social Services Law;
24 Senate Print 6451, by
25 Senator Benjamin, an act to amend the Alcoholic
6362
1 Beverage Control Law;
2 Senate Print 6457A, by Senator
3 Gianaris, an act to amend the Election Law;
4 Senate Print 6460, by
5 Senator Martinez, an act in relation to
6 permitting the Unitarian Universalists
7 Congregation of the Great South Bay Sayville to
8 file an application for a real property tax
9 exemption;
10 Senate Print 6462, by
11 Senator Stewart-Cousins, an act to amend the
12 Alcoholic Beverage Control Law;
13 Senate Print 6476, by
14 Senator Benjamin, an act to amend Chapter 538 of
15 the Laws of 2013;
16 Senate Print 6483, by
17 Senator Brooks, an act to amend the Military Law;
18 Senate Print 6485, by
19 Senator Rivera, an act to amend Chapter 2 of the
20 Laws of 1988;
21 Senate Print 6486, by Senator Myrie,
22 an act to amend the Mental Hygiene Law;
23 Senate Print 6492, by Senator
24 Rivera, an act to amend the Public Health Law;
25 Senate Print 6493, by
6363
1 Senator Stewart-Cousins, an act to amend the
2 Vehicle and Traffic Law;
3 Senate Print 6494, by Senator Mayer,
4 an act to amend Chapter 498 of the Laws of 2017;
5 Senate Print 6497A, by
6 Senator Kavanagh, an act to amend the
7 Real Property Tax Law;
8 Senate Print 6503, by
9 Senator Martinez, an act in relation to
10 authorizing Christian Worship Center Church of
11 God to file an application for exemption from
12 real property taxes for a certain assessment
13 roll;
14 Senate Print 6504, by
15 Senator Flanagan, an act authorizing the
16 Saint Paraskevi Greek Orthodox Shrine Church to
17 file an application for a real property tax
18 exemption;
19 Senate Print 6517, by Senator
20 Stavisky, an act to amend the Education Law;
21 Senate Print 6518, by
22 Senator O'Mara, an act to amend the Highway Law;
23 Senate Print 6524, by Senator
24 Gounardes, an act to amend the Civil Service Law;
25 Senate Print 6526A, by
6364
1 Senator O'Mara, an act to amend the Highway Law;
2 Senate Print 6528, by
3 Senator O'Mara, an act to amend the Highway Law;
4 Senate Print 6529, by Senator
5 Rivera, an act to amend the Public Health Law;
6 Senate Print 6532A, by
7 Senator Kavanagh, an act to amend the
8 Election Law;
9 Senate Print 6544A, by
10 Senator Krueger, an act to amend the
11 Financial Services Law;
12 Senate Print 6547, by Senator
13 Breslin, an act to amend the Insurance Law;
14 Senate Print 6557, by
15 Senator Gallivan, an act to amend the
16 Environmental Conservation Law;
17 Senate Print 6560, by
18 Senator Persaud, an act to amend the Family Court
19 Act and the Domestic Relations Law;
20 Senate Print 6571A, by
21 Senator Kavanagh, an act to amend the
22 Administrative Code of the City of New York;
23 Senate Print 6573, by
24 Senator Hoylman, an act to amend the Penal Law;
25 Senate Print 6574, by Senator
6365
1 Biaggi, an act to amend the Criminal Procedure
2 Law and the Civil Practice Law and Rules;
3 Senate Print 6575, by Senator
4 Sanders, an act to amend the Executive Law;
5 Senate Print 6576, by Senator
6 Kavanagh, an act to amend a chapter of the Laws
7 of 2019;
8 Senate Print 6577, by Senator
9 Biaggi, an act to amend the Executive Law;
10 Senate Print 6578, by Senator Ramos,
11 an act to amend the Labor Law;
12 Senate Print 6584, by
13 Senator Sepúlveda, an act to amend the Vehicle
14 and Traffic Law;
15 Senate Print 6597, by Senator Ramos,
16 an act to amend the Vehicle and Traffic Law; and
17 Senate Print 6599, by Senator
18 Kaminsky, an act to amend the Environmental
19 Conservation Law.
20 All bills ordered direct to third
21 reading.
22 SENATOR GIANARIS: Move to accept
23 the report of the Rules Committee.
24 ACTING PRESIDENT BENJAMIN: All in
25 favor of accepting the report of the
6366
1 Rules Committee signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT BENJAMIN:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT BENJAMIN: The
7 Rules Committee report is accepted.
8 Senator Gianaris.
9 SENATOR GIANARIS: Mr. President,
10 can we move to Calendar 58C, Supplemental
11 Calendar 58C. And we're going to -- give me one
12 moment to find it -- we're going to begin -- just
13 take up for the moment Calendar 1622, by
14 Senator Kaminsky.
15 ACTING PRESIDENT BENJAMIN: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1622, Senate Print 6599, by Senator Kaminsky, an
19 act to amend the Environmental Conservation Law.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Gianaris.
22 SENATOR GIANARIS: Is there a
23 message of necessity at the desk, Mr. President?
24 ACTING PRESIDENT BENJAMIN: There
25 is a message of necessity at the desk.
6367
1 SENATOR GIANARIS: Move to accept
2 the message of necessity.
3 ACTING PRESIDENT BENJAMIN: All in
4 favor of accepting the message of necessity
5 signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT BENJAMIN:
8 Opposed?
9 (Response of "Nay.")
10 ACTING PRESIDENT BENJAMIN: The
11 message is accepted, and the bill is before the
12 house.
13 Senator Gianaris.
14 SENATOR GIANARIS: Can you now take
15 up the bill, please.
16 ACTING PRESIDENT BENJAMIN: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 1622, Senate Print 6599, by Senator Kaminsky, an
20 act to amend the Environmental Conservation Law.
21 SENATOR GRIFFO: Lay it aside.
22 ACTING PRESIDENT BENJAMIN: Lay it
23 aside.
24 Senator Gianaris.
25 SENATOR GIANARIS: Mr. President,
6368
1 can we now take that bill up on the controversial
2 calendar, please.
3 ACTING PRESIDENT BENJAMIN: The
4 Secretary will ring the bell.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1622, Senate Print 6599, by Senator Kaminsky, an
8 act to amend the Environmental Conservation Law.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Ortt.
11 SENATOR ORTT: Yes, through you,
12 Mr. President, would the sponsor yield to a few
13 questions?
14 ACTING PRESIDENT BENJAMIN: Does
15 the sponsor yield?
16 SENATOR KAMINSKY: Yes.
17 ACTING PRESIDENT BENJAMIN: The
18 sponsor yields.
19 SENATOR ORTT: Can the sponsor --
20 considering that we've been here all day, would
21 the sponsor care to explain to me the need for
22 this legislation and specifically what this
23 legislation sets out and intends to do?
24 SENATOR KAMINSKY: Sure. Through
25 you, Mr. President.
6369
1 We find ourselves at a pivotal
2 moment both in our country and as citizens of
3 this world. Right now there is more atmospheric
4 carbon dioxide in the air than any other time
5 since homo sapiens walked the Planet Earth.
6 Right now we have over 400 parts per million of
7 atmospheric CO2, far above levels at the time of
8 the turn of the century.
9 Since 1900, sea levels have risen
10 about 8 inches, and almost half of that has
11 occurred since 1993. Scientists tell us that the
12 last time that the earth was at 2 degrees Celsius
13 warmer than preindustrial temperatures, sea
14 levels were 16 feet higher than they are now.
15 And the intergovernmental -- well, the IPCC says
16 that a 2 degree Celsius increase will create a
17 tipping point from which we may not recover.
18 But I'd like to cite an old Bob
19 Dylan lyric that I find handy right now, which is
20 "You don't need a weatherman to know which way
21 the wind blows." You turn on TV, and California
22 is on fire. Cars are driving up the highway with
23 both sides on fire, like a scene out of The Road
24 Warrior. Farmers in the Midwest are experiencing
25 floods that their ancestors had never seen. And
6370
1 I live in a community, like many of us here, that
2 the ocean simply tore through in Hurricane Sandy.
3 So we have no choice but to address
4 the climate crisis. The question is not why, the
5 question is why not. We have no option but to go
6 and do this now.
7 What this bill will do, this bill,
8 the Climate Leadership and Community Protection
9 Act -- the artist formerly known as the CCPA --
10 this bill will create a roadmap to get us to
11 having a society, a state, where we have a
12 carbon-neutral economy, where our carbon
13 reductions are slashed by 85 percent and the
14 remainder is offset so that our state will not
15 be, in the totality, emitting carbon. And that's
16 an incredibly important point in a state with an
17 economy as consequential as ours.
18 We need to be leading the way. Not
19 only because we have no choice, not only because
20 we want other states to follow and create
21 important synergies, but because we want to be
22 the ones creating the new jobs of a green economy
23 that is to come and that is really here.
24 We don't want our citizens working
25 in other states. We want companies to come and
6371
1 invest here, to hire our workers, because we know
2 how great they are. We want to be the ones who
3 are first movers and that other states are
4 sending their resources to because we're
5 producing the energy that they need.
6 We also know that in the process of
7 doing that, and being first movers in this green
8 economy, that we could really lift all
9 communities up and make sure that disadvantaged
10 communities who have been dumped on for too long
11 are going to be reaping the success of what we do
12 here.
13 Doing this today and not waiting for
14 next year is pivotal, because we have no time.
15 We don't. The plan set forth here to get us to a
16 vision 30 years from now is extremely aggressive.
17 This is going to send a market signal that's
18 going to lower the prices of energy, especially
19 of energy that we want to employ. I'm sure
20 you'll ask me about that in a second. It is
21 going to create innovation. And that is the type
22 of signal we need to set right away, because
23 where we are from where we need to get to is a
24 long way away. But I know we can do it.
25 And if we don't set the standard
6372
1 today and set our goals today, as lofty and
2 aggressive as they are, we will be failing the
3 next generation.
4 SENATOR ORTT: Through you,
5 Mr. President, does the sponsor continue to
6 yield?
7 SENATOR KAMINSKY: Yes.
8 ACTING PRESIDENT BENJAMIN: The
9 sponsor yields.
10 SENATOR ORTT: Through you,
11 Mr. President, the sponsor laid out some very, by
12 his own admission, aggressive goals. Under the
13 state's current environmental goals that the
14 Governor has set and his executive agencies have
15 set, we have actually been failing to meet many
16 of those goals today.
17 What reason, aside from optimism,
18 does the sponsor have to believe that we will be
19 able to meet any of these goals that have been
20 laid out in this bill?
21 SENATOR KAMINSKY: Through you,
22 Mr. President. So the point of doing this bill
23 is to create that accountability and to create
24 milestones along the way to make sure that we are
25 on track. So this will start by creating a
6373
1 scoping plan that is going to, with expertise in
2 various sectors of the economy -- whether that's
3 manufacturing, agriculture and forestry,
4 transportation, et cetera -- provide expertise as
5 to how we're going to get from here to there.
6 But it also creates interim
7 milestones in here, and by 2024 gives agencies
8 the power to promulgate rules and regulations
9 based on this scoping plan. This will be the law
10 in the State of New York.
11 But I also think that it's clearly
12 possible that we will be able to set forth a
13 chain of events that will lead us to places that
14 we don't even know exist right now, create new
15 technologies, lower prices of existing
16 technologies in ways that we haven't seen, and
17 really unleash the innovative powers that we have
18 here.
19 We just have to have a roadmap to do
20 it, and we have to have the structure in place to
21 foster that, and that's what this bill creates.
22 SENATOR ORTT: Through you,
23 Mr. President, will the sponsor continue to
24 yield?
25 SENATOR KAMINSKY: Yes.
6374
1 ACTING PRESIDENT BENJAMIN: Does
2 the sponsor yield? The sponsor yields.
3 SENATOR ORTT: Through you,
4 Mr. President, the sponsor talked about
5 attracting jobs, this will be good for the
6 economy of New York.
7 There's no question that many of the
8 goals and the potential roadmap that is laid out
9 in this legislation will have a negative impact
10 in the short term on several economies' energy
11 production here in New York State. As a matter
12 of fact, for the last several years, while we've
13 tried to improve our goals here in New York State
14 as far as reducing emissions, what we've actually
15 done is import dirtier energy from other states,
16 which isn't counted under the Governor's
17 scorecard. So we've exported jobs, and we're
18 importing energy.
19 Is there anything laid out in this
20 plan that addresses workers who are displaced,
21 workers who are working in coal plants or working
22 in any kind of fossil fuel energy sector that may
23 be displaced or put out of work directly because
24 of this legislation? Is there anything that we
25 do for them, concrete, that says we're going to
6375
1 find transitional work for you or training to
2 find transitional work for you?
3 SENATOR KAMINSKY: Through you,
4 Mr. President, absolutely. This legislation
5 creates a just transition working group. Every
6 part of this bill is supposed to be done in
7 tandem with this group, which is supposed to deal
8 with workforce development, training, figuring
9 out where we're going to need to direct our
10 resources. And the scoping plan has to be made
11 in conjunction with this working group.
12 So yes, having a just transition is
13 absolutely a part of this, and ensuring that our
14 workers are trained for the green economy is a
15 critical part of this, and that's one of the main
16 features of this bill. If we are to succeed, we
17 clearly have to be training for a green economy,
18 creating new jobs for workers who may be
19 displaced, and having a -- instead of a
20 haphazard, running from one crisis to another,
21 have a comprehensive plan that's going to figure
22 out where we are devoting our resources to and
23 who's being impacted.
24 So I couldn't agree with that point
25 more, and I think this bill addresses that
6376
1 head on.
2 SENATOR ORTT: Through you,
3 Mr. President, if the sponsor will continue to
4 yield.
5 ACTING PRESIDENT BENJAMIN: Does
6 the sponsor yield?
7 SENATOR KAMINSKY: Yes.
8 ACTING PRESIDENT BENJAMIN: The
9 sponsor yields.
10 SENATOR ORTT: Is the sponsor aware
11 that there are labor groups -- namely, the
12 International Brotherhood of Electrical
13 Workers -- that do not share his optimism or do
14 not share his belief that this bill addresses
15 those concerns?
16 SENATOR KAMINSKY: Through you,
17 Mr. President. You know, we've had
18 conversations, we will continue to work with that
19 important component of our labor force. I
20 certainly understand the fear, and I'm empathetic
21 and sympathetic to that.
22 Being told that there's a roadmap,
23 that the job you currently have today may not be
24 there in 30 years, is scary. And we don't take
25 that lightly. But it has to be -- you know, we
6377
1 certainly don't want that worker to be in that
2 position without a roadmap to get to the next
3 step, and we certainly don't want that worker to
4 have to move to Massachusetts if they are
5 creating the jobs that do this.
6 So we are trying to get that same
7 worker to a better job a few years down the road
8 in a planned, comprehensive way. And we will
9 certainly work with our partners in labor to try
10 to make that happen.
11 SENATOR ORTT: Through you,
12 Mr. President, will the sponsor continue to
13 yield?
14 ACTING PRESIDENT BENJAMIN: Does
15 the sponsor yield?
16 SENATOR KAMINSKY: Yes.
17 ACTING PRESIDENT BENJAMIN: The
18 sponsor yields.
19 SENATOR ORTT: Through you,
20 Mr. President. It's my reading of this bill that
21 there's a task force, which certainly Albany
22 loves, that is created that will make
23 recommendations. To your point on the roadmap,
24 they'll make recommendations on how to get to
25 these goals and recommendations on how we
6378
1 achieve, you know, a hundred percent carbon-free
2 emissions.
3 Those recommendations will go to
4 the -- my understanding is the executive
5 agencies, and those executive agencies then can
6 act on that, of course with the force of law,
7 absent any further action by the Legislature.
8 Is that -- am I reading the bill
9 accurately, Mr. President?
10 SENATOR KAMINSKY: Through you,
11 Mr. President. So first of all, the Legislature
12 can act any time it wishes and take the
13 recommendations of the scoping plan into account.
14 But yes, these -- first of all, we
15 all will have appointments to this commission.
16 They will be conducting meetings throughout the
17 state before they promulgate anything, including
18 having geographical diversity in terms of where
19 they're holding these public meetings. So we
20 tried to do as much transparency as we can in
21 here. And they're going to be technical experts.
22 And that's what we hope makes up not only not the
23 Climate Action Council but also the working
24 groups that feed information up.
25 So, you know, the agencies, we still
6379
1 have oversight over them. We will continue to do
2 that. We can continue to act where we deem
3 necessary. But the agencies are supposed to be
4 following the scoping plan, and with interim
5 reports on how close they are to tracking their
6 mandates.
7 SENATOR ORTT: Through you,
8 Mr. President, on the bill.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Ortt on the bill.
11 SENATOR ORTT: I want to thank the
12 sponsor for his answers to some of my questions.
13 This is the C print, as everyone here knows.
14 It's gone through three versions, I think, since
15 Sunday. And of course, like everyone else, it's
16 an effort to try to keep up on just how bad the
17 bill still is.
18 I don't think -- something I think
19 gets lost in these debates on climate change,
20 climate science, weather patterns, is this
21 feeling that if you're for -- if you believe in
22 climate change, whether there's changing climate
23 that is impacting our communities, that you have
24 to be for this bill. And it's not a binary
25 choice. This is not the only answer.
6380
1 I believe that many of my colleagues
2 over here simply disagree with the solution that
3 is often proposed to those problems. Because
4 very often, certainly at the state level, when I
5 look at these solutions I see a loss of jobs, I
6 see increased energy rates, not decreased energy
7 rates, as was mentioned. And I see further
8 hampering of New York's economy without even any
9 guarantee that we are meeting the goals that are
10 being laid out to justify these kinds of
11 policies.
12 I think these policies sound great
13 to the advocates, but we already know we've had
14 challenges meeting the goals under the Governor's
15 administration. In fact, I shouldn't say we've
16 had trouble -- we haven't met them.
17 And I represent the Town of
18 Somerset. We have a coal plant in Niagara
19 County. That coal plant will be closing next
20 year, probably ahead of that. But by law, by the
21 Governor's directive, it has to close in 2020.
22 Now, there's a lot of factors that
23 go into that, but there's about 70 employees who
24 work there, 70 families who depend on that
25 income. And they were also told that there would
6381
1 be transition. They were told by the Lieutenant
2 Governor. She came to my district and said,
3 "We're going to do worker transition."
4 They've heard that term so often,
5 and yet they haven't seen it. They don't know
6 what that really looks like. Right? It's been
7 spoken about, but nothing has materialized. And
8 as of today, if that plant were to go out of
9 business tomorrow, I don't know that there's been
10 anything provided to those employees in the way
11 of transition or in the way of a new job.
12 And what I also say is true is that
13 we have imported dirtier power from Pennsylvania,
14 from New Jersey, that has lower standards than
15 New York, and yet we've cost ourselves jobs and
16 imported jobs in the energy sector to other
17 states.
18 And I think this is going to be more
19 of the same. I think we've abdicated our role.
20 The Legislature could act, but I think -- and
21 I've seen it in my five years here, both sides,
22 guilty -- we have abdicated our responsibility to
23 make hard decisions, and we're going to punt it
24 to a bunch of unelected bureaucrats. Technical
25 experts, no doubt, but people who don't answer to
6382
1 the people who put us here.
2 So if gas prices -- if we're going
3 to go to electric cars, we're going to increase
4 taxes on fuel, on fossil fuels, that should be
5 something that we answer to. That should be
6 something we do, not unelected bureaucrats or
7 technical experts.
8 I also happen to represent Lake
9 Ontario, and I've seen what good-intentioned
10 plans can do to communities. Because that plan,
11 Plan 2014, was a well-intentioned plan that was
12 supposed to be good for the environment and be
13 good for habitat. And what it's doing is it's
14 creating wetlands out of communities that I
15 represent.
16 And so I think there's a lot of
17 workers, people on the labor side, who simply
18 don't -- it's little consolation, folks, when
19 they don't know how they're going to pay for the
20 next mortgage payment or put food on the table,
21 but you're being told: But don't worry, you're
22 saving the planet. China, India, South
23 America -- but New York State's going to fix the
24 climate all by herself. When all we're really
25 going to be doing is putting hardworking people
6383
1 out of work.
2 I think this plan goes way too far.
3 It is very aggressive. This is going to be
4 especially harmful to upstate New York yet again.
5 Yet again.
6 And so I urge all of my colleagues
7 to vote no on this legislation. This is a
8 harmful bill passed in the wee hours of the
9 evening. It's going to be bad for the economy.
10 It's going to be bad for working men and women.
11 And we're going to be living with the effects of
12 that -- when many of us are gone, those technical
13 experts, those unelected bureaucrats will be
14 still making this roadmap as we move along trying
15 to make New York State a hundred percent
16 carbon-neutral or carbon-free. And there's a
17 real, I think, doubt whether we ever get there.
18 And so for those reasons,
19 Mr. President, I will be in the negative.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Flanagan on the bill.
22 SENATOR FLANAGAN: Thank you,
23 Mr. President.
24 As I was listening to Senator Ortt
25 and Senator Kaminsky, I was also trying to read.
6384
1 On a Rules agenda with a combined at least
2 140 bills, even the most studious amongst us has
3 to pick and choose what you're going to spend
4 time reading or preparing for. And this bill
5 happened to pique my interest.
6 And with all the things going on,
7 and a variety of different bills that will come
8 before us tonight, appointments tomorrow, more
9 big pieces of legislation tomorrow, I think I've
10 found myself in a position like a lot of people,
11 including the members in this house and I'm sure
12 in the Assembly.
13 I have a copy of an article that
14 appeared today -- I have to flip it over to get
15 to all the parts that are in here -- but it
16 appeared today in the New York Times. And not to
17 the fact that it's the New York Times, but the
18 fact that I would have to rely on a media account
19 to get some discernible information about a piece
20 of legislation of this magnitude that is being
21 described as -- let me quote -- the most
22 aggressive climate change program in the
23 United States of America, period. That's a quote
24 by Governor Cuomo.
25 By the way, Senator Kaminsky, very
6385
1 nice picture of you in the New York Times. I did
2 see that as part of the article.
3 But I also read in here some facts
4 that I think are daunting, to say the least. And
5 part of it says, to dovetail on what Senator Ortt
6 said, "the challenge of reaching such goals are
7 daunting. New York has so far only managed to
8 reduce its emissions 8 percent between 1990 and
9 2015, according to the most recent state
10 inventory."
11 Gavin Donohue, from the Independent
12 Power Producers, said "New Yorkers are going to
13 pay a lot for their electricity because of this
14 bill, there's no doubt about that."
15 So I thought, let me take -- you
16 know what, if I can't get to every component of
17 the bill, let me at least start by reading the
18 memo, which has general sections that are really
19 applicable to all pieces of legislation -- the
20 title of the bill, purpose of the bill, summary
21 of the provisions, justification, and the
22 effective date.
23 I've been here a while. So when I
24 hear that this is one of the most epic pieces of
25 legislation that we're going to consider, I
6386
1 couldn't believe that I was looking at a memo
2 that only slipped onto the back part of the first
3 page because it mentioned the effective date.
4 The justification is barely one paragraph. I
5 repeat, barely one paragraph. And of course it
6 blames the federal government, among other
7 things.
8 And I look at this and I think, we
9 are putting ourselves in a very precarious
10 position, in my opinion. And I'm very nervous
11 about where are we going, particularly in light
12 of a number of other pieces of legislation that
13 have been considered and are being considered
14 right now.
15 In our conference, which just took
16 place before we got out here, we tried in earnest
17 to have a real discussion about what's contained
18 in this legislation. And I'm a realist. I
19 understand that sometimes things happen at the
20 end, and they happen for a variety of reasons.
21 But today is June 18th. And just to make sure I
22 wasn't wrong, I looked at the bill, and the date
23 on the bill was June 18th. So this bill was
24 introduced today. And for some unknown reason,
25 we have to have a message of necessity to pass
6387
1 this bill today -- not tomorrow, not even the
2 next day, but it's got to be done today.
3 I don't think that's really working
4 the way it should, because there are a lot of
5 unanswered questions. And I see here some of the
6 comments that say New York gets about 60 percent
7 of its electricity from carbon-free sources, most
8 of it from hydroelectric dams and nuclear power
9 plants. And there's been a whole variety of
10 things that have occurred under the Cuomo
11 administration in terms of energy policy, and
12 many of them just have flat out not worked,
13 period.
14 So here we're talking about, you
15 know, reducing our carbon footprint, going to
16 zero emissions, going to 30 percent, going to
17 50 percent, doing it by a date certain, getting
18 to 85 percent and then getting to a hundred
19 percent.
20 The Governor, some will laud him and
21 give him credit for forcing the closure of a
22 nuclear power plant -- that was carbon-free, zero
23 emissions, and provided 2200 megawatts of
24 power -- with no alternative, none.
25 Senator Ortt referred to the
6388
1 hardworking families, and people are talking
2 about workers and they're talking about
3 protecting them and how they're on the front
4 lines. And this bill -- actually, one of the few
5 specific things in here is that there's going to
6 be prevailing wage. That in and of itself can
7 engender an hours-long debate. But I'm a little
8 concerned that prevailing wage may become a moot
9 point because you really can't have prevailing
10 wage if you don't have a job. And if we don't
11 have jobs in this sector of our economy, how are
12 we going to deal with these issues?
13 The real point that I want to focus
14 on is this council or this committee. Now, I
15 want to be clear, too. I don't doubt for one
16 second the sponsor's intentions. Not at all.
17 And there's a whole litany of sponsors in both
18 houses on this legislation. But I chafe at the
19 notion that we're going to appoint a council with
20 22 members -- and yes, it has some legislative
21 representatives. But they're getting all the
22 power.
23 Here we have had long debates about
24 the equivalency and the prerogative and the
25 stature of the legislative branch of government,
6389
1 and now we're giving it away. We're giving it
2 away to unelected bureaucrats. And I'll repeat
3 that: Unelected bureaucrats. I don't care how
4 talented they are, what kind of experience they
5 have. They don't run for office the way we do.
6 They don't have to be directly responsible to the
7 public the way we do. They don't have to go back
8 home to a Chamber of Commerce or a not-for-profit
9 or a small business owner and say, Yeah, you
10 know, God, I really -- I'm sorry that the DEC has
11 said you can't have that kind of furnace anymore,
12 that you can't use oil, that you have to use wind
13 power or solar power. And if it costs four or
14 five times more, you've just got to suck it up.
15 I think it's wrong to do something
16 of this magnitude in such a short period of time,
17 particularly when we're giving away our
18 jurisdiction and our sovereignty as the
19 legislative branch of government to these folks
20 who are going to be making these decisions.
21 And it says they shall do this, that
22 they have to promulgate regulations that force
23 the recommendations of this unelected committee
24 of state bureaucrats.
25 I don't want to go home and talk to
6390
1 my constituents about this and say, This is the
2 Climate Protection Act -- I forget the exact
3 verbiage. But I'd rather go home and say the
4 Legislature said, you know what, if you're going
5 to invest in solar, because we believe in that,
6 you're going get a $2500 tax credit. If you're
7 going to hire people and you're using green
8 energy or you have a LEED-certified building,
9 you're going to get a $1500 credit per employee
10 that you hire.
11 I don't see that. And there's some
12 very talented people right in this room who have
13 a lot of good ideas. At 11 o'clock at night, in
14 the zeal and the desire to bring something
15 forward, I think we're shortchanging this house,
16 this Legislature, this government, and most
17 importantly, the people that we represent.
18 Now, I happened to ask one of our
19 staff, I need to see the bill, is it a long bill?
20 He said yes, it's about 20 pages. To me,
21 20 pages is really not a long bill, considering
22 what we see here in this house. Now, don't get
23 me wrong, I don't want to have a bill that's
24 700 pages for us to consider on a moment's
25 notice. But again, I think one of the reasons
6391
1 this bill is relatively short is because they're
2 saying all these people, they're all going to get
3 appointed, they have this responsibility, then
4 they tell somebody else what to do, and they'll
5 do it and the world will be fine.
6 I think we owe our constituents
7 better. And God knows, I know there are going to
8 be memos in support and people saying, Oh, this
9 is it, we've made it. I can't in good conscience
10 go back to the people I represent and say that
11 this is going to be in their best interest. I
12 don't want to have to go back to a homeowner, not
13 even a business owner, and say, Yeah, this is not
14 going to work out the way you want it. We had
15 hoped -- you know, we were trying to get that
16 100 percent emission reduction, or 85 percent,
17 but since we only got 8 percent between 1990 and
18 2015, you know, maybe we'll reach 24, 26 percent
19 by 2050. Aspirational? Yes. Realistic? No.
20 And I think the Legislature should
21 take a much more prominent role in enacting
22 specific legislation as opposed to delegating our
23 authority and letting other people make those
24 decisions.
25 Again, well-intentioned by the
6392
1 sponsor, I respect that. But I know that we can
2 do better.
3 Thank you, Mr. President.
4 ACTING PRESIDENT BENJAMIN: Senator
5 Antonacci.
6 SENATOR ANTONACCI: Thank you,
7 Mr. President. Will the sponsor yield for a
8 couple of questions?
9 ACTING PRESIDENT BENJAMIN: Will
10 the sponsor yield?
11 SENATOR KAMINSKY: Yes.
12 ACTING PRESIDENT BENJAMIN: The
13 sponsor yields.
14 SENATOR ANTONACCI: Thank you.
15 Through you, Mr. President.
16 Does this bill envision any
17 disposition or discontinuation of any nuclear
18 power plants and how that will be handled?
19 SENATOR KAMINSKY: So through you,
20 Mr. President, it does not.
21 But I think that warrants an
22 opportunity to respond to some of the comments
23 that were made a minute ago.
24 So let's just remember something.
25 The CCPA had been around for years --
6393
1 SENATOR GRIFFO: Mr. President,
2 point of order.
3 Mr. President, Senator Antonacci has
4 the floor. He asked a question of the sponsor.
5 I would ask the sponsor to address the question
6 to the member that's asked that question, not to
7 divert to a previous statement made by a
8 different member.
9 SENATOR KAMINSKY: Through you,
10 Mr. President, I'm happy to address my comments
11 to Senator Antonacci.
12 SENATOR ANTONACCI: Thank you,
13 Mr. President. I think I heard the sponsor's
14 question {sic}. Can I ask another question of
15 the sponsor?
16 ACTING PRESIDENT BENJAMIN: I just
17 want to respond to that.
18 Senator Kaminsky can respond the way
19 he chooses to respond to the question because he
20 yielded. Senator Griffo --
21 SENATOR GRIFFO: I understand that,
22 Mr. President. I was just saying that if he
23 chose to have a colloquy on a former member that
24 spoke -- a member who spoke formerly, then to do
25 that later, rather than address Senator
6394
1 Antonacci --
2 ACTING PRESIDENT BENJAMIN: Senator
3 Gianaris.
4 SENATOR GIANARIS: Let's -- the
5 hour is late. Let's just move on.
6 Earlier in the day we had members of
7 the minority speaking on resolutions about bills
8 that weren't even the subject of a resolution.
9 Let's just try and move along and get on with the
10 debate, please.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Antonacci.
13 SENATOR ANTONACCI: Thank you,
14 Mr. President.
15 As I understand the answer to my
16 question, this plan does not address nuclear
17 power, so I'd like to ask the sponsor to yield to
18 another question.
19 ACTING PRESIDENT BENJAMIN: Does
20 the sponsor yield?
21 SENATOR KAMINSKY: Yes.
22 ACTING PRESIDENT BENJAMIN: The
23 sponsor yields.
24 SENATOR ANTONACCI: I've noted in
25 many media accounts issues involving gas
6395
1 pipelines, especially into the downstate
2 Westchester area. Does this plan address gas
3 pipelines in the mobilization of natural gas?
4 SENATOR KAMINSKY: No. Through
5 you, Mr. President, no.
6 SENATOR ANTONACCI: Thank you,
7 Mr. President. Will the sponsor yield for
8 another question?
9 ACTING PRESIDENT BENJAMIN: Does
10 the sponsor yield?
11 SENATOR KAMINSKY: Sure.
12 ACTING PRESIDENT BENJAMIN: The
13 sponsor yields.
14 SENATOR ANTONACCI: Does this plan
15 or any language in the bill address our
16 competition with other states? I note the State
17 of Pennsylvania, for example, could be, for all I
18 know, siphoning fracking gas right underneath us,
19 underneath Binghamton.
20 How are we going to compete with
21 other states if they don't follow along with this
22 aggressive agenda?
23 SENATOR KAMINSKY: Through you,
24 Mr. President. So leakage is something that is
25 directly addressed here and will directly be
6396
1 addressed by the Climate Council.
2 And of course we realize that we'll
3 be in competition, but one of the important
4 things to note is that there were four hearings
5 held throughout the state on this particular
6 issue and how we would be able to possibly meet
7 the lofty goals that it envisioned. And we met
8 with a lot of people in industry, some of the
9 same industry that Senator Ortt referenced
10 before. And it was really important to be able
11 to have a state that both fosters a green economy
12 and yet understands that if we make an
13 uncompetitive atmosphere for our cement plants
14 and our steel plants and the like, they could
15 just go somewhere else.
16 And we wish Washington would do
17 this. It would be so much more efficient if
18 every state had to play by the same rules at the
19 same time. But unfortunately, we're not anywhere
20 close to that right now, and it's a shame.
21 So what we did in this bill,
22 specifically for this reason, is build in some
23 flexibility so that those high-intensive energy
24 producers that have to compete not only with
25 Pennsylvania but with countries around the world
6397
1 will have a way to continue their operations,
2 obviously try to be as green as they can be, but
3 when they get to that point where they can't be
4 anymore, this provides room for that.
5 And I want to read you a memo from
6 the Business Council. And if you had asked me at
7 the beginning of the year whether I would get a
8 positive memo from the Business Council on this
9 bill, I wouldn't have believed you. But I
10 actually kind of did.
11 It's pretty cool. It says: The
12 proposed transition will ensure that
13 energy-intensive trade-exposed industries have a
14 bridge until a global playing field is
15 established that enables fair competition.
16 Specifically, the amendments provide a glide path
17 for manufacturing or energy-intensive
18 trade-exposed facilities, including but not
19 limited to glass, steel, cement, auto, metal
20 casting, food, pulp, paper, aluminum, plastics,
21 ceramics and chemicals, to a transition period to
22 bridge toward a low-carbon economy.
23 And we do that by creating a certain
24 amount of carbon offsets that allow them to make
25 investments so that their carbon that they have
6398
1 to emit is being captured in other ways. So we
2 are -- we were certainly very sensitive to that.
3 And this didn't come from nowhere.
4 This bill did not get written up and dropped on
5 someone's desk out of the blue. The CCPA has
6 been around quite a long time. There were
7 important changes that were made to it, that is
8 true, but the difference between this version and
9 versions that were available for days were not
10 really great at all.
11 The question is, what happened for
12 10 years? And I really believe that a critical
13 issue went unaddressed. It wasn't like a plan
14 last year came really close and failed; there was
15 no plan. And so we have to make up for lost
16 time.
17 I wish we didn't have to be this
18 aggressive, but we have no choice. And that's
19 what this bill reflects.
20 SENATOR ANTONACCI: Thank you,
21 Mr. President. Will the sponsor yield for
22 another question?
23 ACTING PRESIDENT BENJAMIN: Will
24 the sponsor yield?
25 SENATOR KAMINSKY: Yes.
6399
1 ACTING PRESIDENT BENJAMIN: The
2 sponsor yields.
3 SENATOR ANTONACCI: Through you,
4 Mr. President. So as I understand the sponsor's
5 comments, there's been some consideration of
6 competition.
7 Along those lines, has there been
8 consideration of workers that may lose their jobs
9 as this plan unfolds? And can you tell me with
10 specificity where that is in the bill? Because I
11 really couldn't find that. If the sponsor
12 wouldn't mind answering that.
13 SENATOR KAMINSKY: Yes. Through
14 you, Mr. President, I will point you to the "just
15 transition workforce" language. It's on page 7
16 of the bill. And it is on -- right at line --
17 line 25 references the -- sorry, line 26
18 references the Just Transition Working Group.
19 It's paragraph 8.
20 SENATOR ANTONACCI: Will the
21 sponsor continue to yield?
22 ACTING PRESIDENT BENJAMIN: Does
23 the sponsor yield?
24 SENATOR KAMINSKY: Yes.
25 ACTING PRESIDENT BENJAMIN: The
6400
1 sponsor yields.
2 SENATOR ANTONACCI: Does the
3 sponsor -- so that's the sponsor's consideration,
4 that there will be some aid or assistance to
5 workers that are displaced as this plan unfolds?
6 SENATOR KAMINSKY: Yes. If you
7 look at the -- through you, Mr. President, if you
8 look at the top of the page, there is an
9 intensive energy and trade-exposed industries
10 workgroup that is going to help make
11 recommendations in the actual scoping plan. So
12 they're going to be on the ground floor helping
13 draft this. That's at about line 7 at the top of
14 page 7. And so their contributions are not just
15 an amorphous thing out there, they're going to be
16 right on the ground floor helping determine what
17 the goals are and how to ensure a just transition
18 for the workers impacted.
19 SENATOR ANTONACCI: Mr. President,
20 will the sponsor continue to yield?
21 SENATOR KAMINSKY: Yes.
22 ACTING PRESIDENT BENJAMIN: Does
23 the sponsor yield? The sponsor yields.
24 SENATOR ANTONACCI: I noticed
25 there's some language regarding disadvantaged
6401
1 communities. Have those communities been
2 identified as of now? It's my understanding that
3 those are communities that may have already
4 suffered pollution or climate changes. Can you
5 tell me if those have been identified yet?
6 SENATOR KAMINSKY: Through you,
7 Mr. President, they have not. The criteria for
8 what constitutes a disadvantaged community is
9 listed in here, and the climate justice working
10 group, which is also established on page 7, will
11 make those determinations after looking at
12 historic and present data concerning those areas.
13 SENATOR ANTONACCI: Thank you to
14 the sponsor. Thank you, Mr. President.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Serino.
17 SENATOR SERINO: Thank you,
18 Mr. President.
19 I believe the science. I hail from
20 the Hudson Valley --
21 ACTING PRESIDENT BENJAMIN: Senator
22 Serino, are you on the bill or are you asking
23 questions?
24 SENATOR SERINO: Oh, on the bill.
25 ACTING PRESIDENT BENJAMIN: Senator
6402
1 Serino on the bill.
2 SENATOR SERINO: Sorry. Sorry,
3 Senator Kaminsky.
4 I hail from the Hudson Valley, where
5 our natural resources play a major role in all of
6 our communities. And I know we have a duty to do
7 all that we can to preserve and protect them for
8 future generations. I actually want to support
9 this bill. I want to be able to endorse a plan
10 that will work for our communities. But this
11 bill was presented to me for review less than an
12 hour ago, just like my colleague said.
13 I have faith in many of the groups
14 that I know will be involved in this task force,
15 like Riverkeeper and Scenic Hudson. They hail
16 from the Hudson Valley, from my district. They
17 do amazing and innovative work on this front.
18 However, the bill that was just
19 presented to us leaves so many questions
20 unanswered. And once again, this body has
21 completely failed to engage the public on this
22 final version of the bill by rushing it through
23 the Legislature in the dark of night with no real
24 warning. I have significant worries about the
25 lack of checks and balances in this bill, and I
6403
1 worry that it will have negative consequences for
2 small businesses, workers, ratepayers and
3 everyday New Yorkers, like Senator Ortt had
4 talked about.
5 I govern by listening, and we have
6 not had adequate time to hear from our own
7 constituents on this critically important
8 legislation. I don't think that's the right way
9 to legislate on issues like this. And
10 unfortunately, while I fully support its intent,
11 I cannot support this piece of legislation right
12 now, so I vote no. Thank you.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Lanza.
15 SENATOR LANZA: Thank you,
16 Mr. President.
17 Mr. President, would the sponsor
18 yield for a question?
19 ACTING PRESIDENT BENJAMIN: Does
20 the sponsor yield?
21 SENATOR KAMINSKY: Yes.
22 ACTING PRESIDENT BENJAMIN: The
23 sponsor yields.
24 SENATOR LANZA: Thank you. Through
25 you, Mr. President. Does the sponsor believe
6404
1 that if we eliminated all carbon emissions
2 worldwide, let's say, that the climate would
3 cease to change?
4 SENATOR KAMINSKY: Through you,
5 Mr. President. So look, clearly there would -- I
6 don't know whether it would not change, but it
7 clearly wouldn't change on the trajectory it's
8 currently on. And we have to do everything we
9 can to head that off.
10 So yes, if we could replicate what
11 we're doing here today worldwide, it would have
12 obviously an exponentially more beneficial impact
13 and would impact the climate positively, of
14 course. That's the whole point of doing it.
15 SENATOR LANZA: Would the sponsor
16 yield?
17 SENATOR KAMINSKY: Yes.
18 ACTING PRESIDENT BENJAMIN: The
19 sponsor yields.
20 SENATOR LANZA: Through you,
21 Mr. President. So given that the intent clearly
22 here is to reduce greenhouse emissions, what is
23 the exact percentage of greenhouse gases should
24 there be in our atmosphere in order to stave off
25 or stop climate change?
6405
1 SENATOR KAMINSKY: Through you,
2 Mr. President. So we know that at the time of
3 the Industrial Revolution there was 280 parts per
4 million of atmospheric CO2. Right now we're over
5 400.
6 So I don't know what the exact right
7 number is, but we're certainly headed in the
8 wrong direction. And if our temperature keeps
9 going up, scientists far smarter than anyone in
10 this room who go to universities that are pretty
11 impressive, work at universities that are pretty
12 impressive, are telling us that it will set off a
13 chain reaction that will throw us into climate
14 chaos.
15 So I can't answer that specifically,
16 but I clearly know we need to turn the ship
17 around.
18 SENATOR LANZA: Thank you,
19 Mr. President. On the bill.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Lanza on the bill.
22 SENATOR LANZA: I want to thank the
23 sponsor for attempting to address a real issue.
24 The problem I have with this bill is that I don't
25 know what I'm voting for.
6406
1 You know, I love when I hear a
2 30-year-old or a 50-year-old or a 90-year-old
3 say, you know, I've never seen it rain this much
4 in my life. You know, 70 years out of the
5 billions of years that this planet has been in
6 existence is irrelevant. And I agree with the
7 sponsor that the scientists know some things.
8 And I want to talk about a few facts that are
9 beyond scientific question.
10 So the climate -- I -- you know, to
11 hear people today talk with such surprise and
12 shock about climate change makes me think about
13 what the first group of people on earth thought
14 about and how they acted when someone told them
15 that the earth was round. You know, for
16 thousands of years people on earth thought it was
17 flat. And then one day someone said it was
18 round. And I'm sure people were just amazed by
19 that and perhaps in disbelief ran around telling
20 their neighbors and -- just beside themselves.
21 And that's funny because the earth was always
22 round, it's just that people didn't know it.
23 So the climate scientists will tell
24 you the climate has always been changing. So for
25 people to act like we're the first enlightened,
6407
1 intelligent, superior group of people that have
2 figured this out, well, that's wonderful. You
3 now know it, but it's always been happening.
4 And how do we know that? So
5 scientists have proven that there have been at
6 least five major ice ages over the last few
7 millennia. In fact, they'll tell you that we are
8 currently in an ice age, but that we are in an
9 interglacial warming period that began
10 11,000 years ago. Yes, it's been warming on this
11 planet for 11,000 years. Proven science.
12 The sponsor said scientists tell us
13 that the last time there were this many -- there
14 was this much greenhouse gas in the environment,
15 the ocean levels were 14 or 16 feet higher.
16 Which means there was a last time.
17 We also know that by virtue of the
18 fact that there are many -- and every year that
19 goes by, we discover more ancient
20 civilizations -- cities -- that are underwater
21 right now, some off the coast of India that are
22 400 feet below sea level. These cities weren't
23 built underwater, they were aboveground when they
24 were built, and the water over time has risen.
25 So again, we should not act as if
6408
1 this is an all-of-a-sudden phenomenon. These are
2 proven facts. We know even by human migration
3 throughout the last at least 15,000 years, we see
4 that humanity has moved from place to place and
5 has been pushed out of areas -- whether in
6 South America, in Europe, in Asia, in Africa,
7 North America -- running away from climate
8 change.
9 And I think the interesting thing
10 about the fact that we've been warming for
11 11,000 years is that the combustion engine has
12 not been around for 11,000 years. So we can't
13 blame completely what it is that we as people are
14 doing. It's not the car; they weren't driving
15 cars 5,000 years ago, and yet climate was
16 changing 5,000 years ago. The earth has been
17 warming for 11,000 years.
18 Now, is it true that the more
19 greenhouse gas you have in the environment the
20 warmer it gets? Yeah. Is what we are doing on
21 earth exacerbating or quickening the warming
22 trend? It makes plenty of sense that that is
23 possible and that that is what is happening. But
24 scientists will tell you that the climate change,
25 the global climate change, these warming and ice
6409
1 ages that have occurred for millennia have more
2 to do with variations in the earth's orbit, have
3 more to do with what is known as the earth's
4 procession.
5 The earth, as we know, rotates
6 off-axis. That's why we have seasons. The
7 earth, as we know, also wobbles in 26,000-year
8 periods. And scientists have now proven that it
9 is those -- it is the procession, it is the
10 variation of our orbit, and that it is the
11 tectonics and the movement of our continental
12 plates that have more to do with these trends
13 than anything else.
14 And yes, one of the manifestations
15 of these climate changes is you see changes in
16 the greenhouse gas in our atmosphere.
17 Scientists will also tell you that
18 not too long ago, right here where we are
19 standing, was covered by two miles straight up of
20 ice. That ice is not here anymore, it melted
21 away because it got warmer. And it didn't get
22 warmer because people were driving cars.
23 I'm not being facetious. I'm not
24 trying to make light of this. I'm just trying to
25 say there's a lot more involved than just raising
6410
1 the taxes on what people pay to put gas in their
2 cars.
3 And I fear the unknown here, because
4 there is a real issue that we must confront. If
5 history is any indication, there's going to be
6 another ice age. That poses more of an
7 existential threat to humanity than does a
8 warming trend. The way humanity has avoided the
9 warming changes in the climate is that they have
10 moved. I'm not suggesting that people ought not
11 move. I wish the climate would stay exactly the
12 way it is. Not this week -- it rains a lot
13 recently.
14 But I wish it wasn't going to
15 change. But it is, because it always has. And
16 that's the next real threat. And if history is
17 an indication, the history of the climate change
18 of earth is any indication, we are heading toward
19 the next ice age. And we know that because the
20 sponsor is right, the warming has increased. And
21 that is always what happens. As scientists have
22 told us, the ice age, the cooling period, lasts
23 anywhere between 100,000 and a million years.
24 The warming then takes about 11,000 to
25 15,000 years. And at the very end of that
6411
1 warming cycle, the warming increases very
2 quickly. Which is what we are seeing, I'm not
3 denying that.
4 What I don't like -- I like the idea
5 of studying this. We ought to look at what's
6 happening, why it's happening, how it's
7 happening. Because I believe, like the sponsor
8 believes, that the solution is going to be
9 technology. There's going to be a cost to us,
10 it's going to be a certain percentage of the GDP
11 in the next 20, 30, 40, 50 years. I'm not afraid
12 of spending money. We're going to need to devote
13 a certain portion of that as we address these
14 changes.
15 But I always hear from the left that
16 the solution is a tax. That's just not going to
17 do it. And I can't vote for a piece of
18 legislation that is more mystery than solution.
19 What's that?
20 SENATOR RIVERA: A timer. Nine
21 minutes, 36 seconds.
22 SENATOR LANZA: Thank you.
23 Is anyone else speaking,
24 Mr. President? Has anybody else indicated --
25 there are? Because I want to defer to them and
6412
1 have the respect. Thank you, Senator Rivera, I
2 appreciate that.
3 So we don't know what this group is
4 going to come back and say. I don't think we
5 should allow anyone to have the unilateral power
6 to address this problem by telling us you can't
7 use propane to heat your homes, or oil. We're
8 going to have a $10 gas tax, we're going to -- I
9 mean, I just don't know what they're going to do,
10 Mr. President.
11 And that's a problem. And I don't
12 think that's the way we ought to address this
13 problem of climate change, to give unilateral
14 power to some group of bureaucrats that could do
15 whatever they want, right or wrong, to address
16 this problem. And as we know, and what we read
17 in the paper, their solution is going to be to
18 make it more expensive to live in the State of
19 New York.
20 So again, I want to thank the
21 sponsor for giving serious thought and attention
22 to a real problem. I just don't think this
23 legislation is a solution, because I don't know
24 what solution this legislation is going to
25 propose.
6413
1 Thanks, Mr. President.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Krueger on the bill.
4 SENATOR KRUEGER: Thank you,
5 Mr. President.
6 Wow. Okay, we're not smart enough
7 to have this conversation on the floor of the
8 Senate, when I just listened to what I just
9 listened to. No, sir, this is not just the
10 pattern of history going back and forth and back
11 and forth. Climate scientists universally,
12 across the entire globe, have told us that we are
13 in a moment of epic crisis for the planet.
14 So we can pretend we would know what
15 to do if we took another 50, 60, 70, 80, 90 years
16 to discuss things on this floor, but we don't
17 have enough time to go to school to learn all the
18 things they already know.
19 So with all due respect, this is the
20 worst drivel I've ever heard on this floor, as we
21 are in a crisis. You can bury your heads in the
22 sand, you can say, I don't know if I like the
23 bill, I don't want to give away our power to
24 scientists or bureaucrats. I need somebody to
25 come up with the answers before you all die and
6414
1 your children die and your grandchildren die.
2 So no, I don't care, we have to act
3 now. This bill isn't saying exactly what we're
4 going to do between now and 2050. This bill is
5 saying we'd better damn well start doing
6 something fast, something serious fast. Your
7 island will be underwater as one of the first
8 things that happens.
9 So yes, you can talk about the
10 history of the world and cities went underwater.
11 But how well do you swim? Because it's going to
12 happen in your lifetime.
13 And we can say but what will happen
14 for people if their coal plants get closed? We'd
15 better figure out what to do. I agree, we might
16 not have figured it out, but you know what? A
17 green economy might be the best promise for
18 upstate New York. Because clearly, listening to
19 you all year after year after year, what we've
20 been doing has clearly not been working for
21 upstate New York. And we are putting our entire
22 planet at risk if we fail to address what we need
23 to address.
24 And the argument that we need to be
25 accountable to the people who put us here --
6415
1 well, when the planet dies, who is going to be
2 accountable to the children and the grandchildren
3 who won't make it because we were supposed to be
4 accountable to saying we don't want to make you
5 have to change anything or do something harder?
6 I don't know if this bill is the
7 perfect answer. I'm sure it's not. But you know
8 what this bill does? It allows us to get a
9 jump-start finally on doing what we need to do.
10 It says, let's have targets, let's use
11 responsible people to coordinate and work
12 together. There are plans to address issues for
13 the agricultural sector, for the energy sector,
14 for every sector, because that's what we have to
15 do. It's all hands on deck. We need to change
16 what we've been doing.
17 And yes, this bill includes large
18 segments of information about the commitments to
19 making sure there are alternative jobs and that
20 there are investments in the communities who face
21 the most harm and who will face hard times ahead.
22 But you know what? We have to pull together and
23 come up with the answers so that maybe we have
24 some hard times, but at least we have times. And
25 at least we have a future. Because if we don't,
6416
1 it doesn't matter anything else we're doing in
2 this house tonight, anything we've done all year,
3 anything we do next year. Because if we haven't
4 saved our planet, the rest is moot,
5 Mr. President.
6 I say it is time for us to get out
7 of the way and get the people who know what
8 they're doing in charge to make sure what needs
9 to happen happens. I vote yes, Mr. President.
10 ACTING PRESIDENT BENJAMIN: Senator
11 Ranzenhofer.
12 SENATOR RANZENHOFER: Thank you,
13 Mr. President. If the sponsor will yield for a
14 couple of questions.
15 ACTING PRESIDENT BENJAMIN: Does
16 the sponsor yield?
17 SENATOR KAMINSKY: Yes.
18 ACTING PRESIDENT BENJAMIN: The
19 sponsor yields.
20 SENATOR RANZENHOFER: I also want
21 to thank the sponsor for bringing this bill and
22 this subject matter to the floor of the Senate.
23 Obviously there's a diversity of opinion, and
24 it's very interesting to hear a lot of the things
25 that have already been said.
6417
1 So when I go back home, you know,
2 people are going to talk to me about zero
3 emissions and net zero emissions and what are we
4 doing in 2030 and what are we doing in 2050. But
5 they're also going to ask me, from a very
6 practical point of view, what can I do to help?
7 What is the state doing for me so that I can
8 help?
9 So specifically I wanted to ask you,
10 is there anything in the bill for either
11 businesses or individuals that want to purchase
12 electric vehicles so they can do their part? Is
13 there anything in this bill for them to give them
14 any sort of tax credit or any sort of benefit so
15 they can do their part?
16 SENATOR KAMINSKY: Through you,
17 Mr. President. So to be clear, first of all, I
18 really appreciate the sponsor's question. And
19 I -- we all need to take those very questions
20 back to our districts.
21 SENATOR RANZENHOFER: I couldn't
22 hear a word he said.
23 SENATOR KAMINSKY: I appreciate the
24 sponsor's comments and his sentiments. I think
25 we should all go back to our districts, trying to
6418
1 have that practical information for the people
2 that want to do their parts. And that's really
3 what this is all about.
4 No doubt this legislation is going
5 to ask people to make sacrifices, and our goal is
6 to make that as easy as possible. So this bill
7 directs promulgations for incentives and rebates
8 for programs just like this, but it does not
9 itself say what those are or how much they are or
10 when they'll be offered. But clearly that's
11 envisioned as part of this.
12 Now right now, whether it's NYSERDA
13 or other agencies, there are rebate programs
14 available and there are benefits available that
15 we could obviously do our best to synthesize into
16 one place for all of us to use, which I think
17 would be helpful. But this bill envisions that
18 on a much larger scale and mandates that very
19 thing you're speaking of.
20 SENATOR RANZENHOFER: If the
21 sponsor will continue to yield.
22 ACTING PRESIDENT BENJAMIN: Does
23 the sponsor yield?
24 SENATOR KAMINSKY: Yes.
25 ACTING PRESIDENT BENJAMIN: The
6419
1 sponsor yields.
2 SENATOR RANZENHOFER: Are those
3 type of programs that you envision, are those
4 going to be done by the councils that you
5 envision in this bill, or will that be a matter
6 that will come back to the Legislature?
7 SENATOR KAMINSKY: Through you,
8 Mr. President. This envisions the plan to be set
9 forth by the council and the agencies to
10 promulgate regulations to effect the intent of
11 the council's plan.
12 SENATOR RANZENHOFER: Okay. So
13 right now there's nothing in the bill --
14 ACTING PRESIDENT BENJAMIN: Senator
15 Ranzenhofer, do you want the sponsor to yield?
16 SENATOR RANZENHOFER: If the
17 sponsor would continue to yield.
18 SENATOR KAMINSKY: Yes.
19 ACTING PRESIDENT BENJAMIN: The
20 sponsor yields.
21 SENATOR RANZENHOFER: So I
22 understand that right now in this bill that is a
23 responsibility that we are delegating at some
24 future time to one of these councils, rather than
25 just putting language in the bill that says
6420
1 obviously, you know, we're not doing it -- your
2 judgment is that whether this administration or
3 the past administration at the state level has
4 not done enough, emissions are not down enough.
5 But there's nothing that we are doing as a
6 legislative body to jump-start that for
7 individuals or businesses that say, okay, right
8 now this is the way it is, but we want to get
9 things going.
10 To Senator Krueger's point, we can't
11 wait, so we're going to -- you know, whatever
12 NYSERDA is doing, we're doing, we're going to
13 give you double in terms of this type of
14 incentive to purchase an electric vehicle or some
15 other thing that could be helpful to the
16 environment.
17 SENATOR KAMINSKY: Through you,
18 Mr. President. So to be clear, you know, a lot
19 of these programs are happening now. There's no
20 reason why in between now and the time, for
21 example, the scoping plan is out there several
22 years from now, that those plans cannot be
23 created or we cannot create them. Senator
24 Parker, for instance, has a number of important
25 bills that create programs for people that have
6421
1 easier access to home solar and other forms of
2 renewable energy.
3 So we can continue to do those
4 things. There's nothing that stops it. But what
5 I want to make clear is this is not just figuring
6 out how to get solar panels on our roofs, this is
7 much wider than that. I mean, this is supposed
8 to encourage, you know, 6 gigawatts of solar, 9
9 of wind, 185 trillion BTUs of energy efficiency,
10 3 gigawatts of storage.
11 So we have to be -- you know, if
12 this is going to start figuring out how we're
13 getting in all sectors of the economy, all of
14 this would be a far different document. And we
15 want this to be done comprehensively with
16 experts, figuring out how to get there. It
17 certainly will not be easy, but it doesn't
18 preclude what you're speaking of in the interim.
19 SENATOR RANZENHOFER: If the
20 sponsor will continue to yield for --
21 ACTING PRESIDENT BENJAMIN: Does
22 the sponsor yield?
23 SENATOR KAMINSKY: Yes.
24 ACTING PRESIDENT BENJAMIN: The
25 sponsor yields.
6422
1 SENATOR RANZENHOFER: I appreciate
2 the sponsor's answers. And again, you know, we
3 have very, very commonsense folks in my district
4 when I go back home. I want to know if there's
5 anything in the bill that will give any sort of
6 credit or tax incentive for car manufacturers.
7 We have General Motors, we have Ford in our area.
8 Is there anything in this for them to encourage
9 them to retool their plants, to make electric
10 cars as opposed to cars run with either diesel or
11 combustion engines?
12 SENATOR KAMINSKY: Through you,
13 Mr. President, there is not.
14 But make no mistake. If you're a
15 car manufacturer looking to sell cars to
16 New Yorkers or someone looking to bring any type
17 of green, you know, renewable energy or
18 carbon-free energy to New York, you wake up
19 tomorrow morning, this sends a pretty powerful
20 signal that there's going to be a marketplace for
21 you.
22 So we do expect this to have a
23 serious impact. But in the meantime, there's
24 nothing that we can't do that's not complementary
25 to this or that agencies themselves can't do in
6423
1 order to make it easier. And believe me, there
2 are very real red-tape challenges right now for
3 homeowners to have access to solar, simple things
4 like having it on your energy bill instead of
5 getting two bills, one from a solar company, one
6 is your power company. We could do that. We
7 could do that as -- you know, we're still the
8 Legislature.
9 But create a scoping plan as to how
10 to get to a carbon-free economy by 2050 does not
11 have, in this paragraph F, you can get $200 off
12 an electric car. It's just a -- at a kind of a
13 different level than that. But we can still work
14 on that stuff.
15 SENATOR RANZENHOFER: If the
16 sponsor will continue to yield.
17 ACTING PRESIDENT BENJAMIN: Does
18 the sponsor yield?
19 SENATOR KAMINSKY: Yes.
20 ACTING PRESIDENT BENJAMIN: The
21 sponsor yields.
22 SENATOR RANZENHOFER: And I
23 appreciate the more global level. But, you know,
24 when people -- when we run a town hall meeting or
25 we run into people on the street or wherever we
6424
1 are, you know, those are not the type of
2 conversations that they're going to be asking me
3 about -- you know, can we get to this level?
4 It's going to be, number one, what can I do to
5 help, or how can it help me?
6 So for instance, to your point about
7 solar, obviously there are programs in the State
8 of New York, but is there anything specific in
9 this legislation that would be helpful to either
10 businesses or homeowners to -- that we can
11 encourage them to, you know, use a -- you know,
12 have a green roof, have a solar roof, to
13 encourage wind power, geothermal?
14 Again, I understand, you know, the
15 global incentive. But, you know, when I run into
16 somebody at the supermarket, they're not going to
17 ask me about parts per thousand, they're going to
18 say, What can I do to help? You know, what type
19 of incentive is there for me to help? So I'm
20 trying to put the very practical and very
21 specific in -- you know, in conjunction with the
22 more global.
23 So again, you know, is there
24 anything specific in this bill for New York State
25 residents to be helpful to this overall plan so
6425
1 they can retool their house or their business
2 with, you know, green roofs? I know about the
3 different LEED programs and stuff like that. But
4 anything here that's going to be specifically
5 helpful to them?
6 SENATOR KAMINSKY: Through you,
7 Mr. President, I would love to shop at the
8 supermarkets you are at and have my constituents
9 come up to me and say, How can I help? I get a
10 little bit more edgy comments when I'm in -- you
11 must have that Wegmans that Senator Funke was
12 speaking about.
13 (Laughter.)
14 SENATOR KAMINSKY: Look, I -- this
15 bill envisions we'll have six hearings, including
16 three upstate. People will certainly be able to
17 contribute to how their everyday lives are
18 impacted by this. But what you are envisioning
19 is important, it's helpful, we could do it other
20 ways. But that's not what this bill does.
21 You are a step ahead of where this
22 bill is. This bill is going to create a global
23 program for how to do this in every sector.
24 Right? So there's going to be a transportation
25 working group that's going to figure out the best
6426
1 way to have New Yorkers driving electric cars as
2 soon as possible. You know, they're going to
3 have economic expertise, they're going to know
4 the industry, they're going to understand which
5 communities are impacted, and they will help
6 promulgate a global theory, instead of us sitting
7 here in the Legislature figuring out what the
8 best mechanism is to do that.
9 So while I appreciate what you're
10 saying, that's not what this is supposed to do or
11 meant to do.
12 SENATOR RANZENHOFER: If the
13 sponsor will continue to yield.
14 ACTING PRESIDENT BENJAMIN: Will
15 the sponsor yield?
16 SENATOR KAMINSKY: Yes.
17 ACTING PRESIDENT BENJAMIN: The
18 sponsor yields.
19 SENATOR RANZENHOFER: And to follow
20 up on that point, I know one of the things that
21 the Governor has been trying to do for a number
22 of years, when you talk about the experts -- and
23 he has, you know, a lot of experts that work for
24 him. You know, I know he's tried to implement a
25 program of charging stations so somebody that has
6427
1 an electric car can actually drive it across
2 state from Buffalo to Albany or from New York to
3 Albany. They can't do that right now.
4 So, you know, if you're going to be
5 divesting the Legislature of this type of
6 responsibility and putting it into these working
7 groups run through the administration -- you
8 know, the administration really, at least in my
9 tenure and the Governor's tenure, at least on the
10 promise of, you know, charging stations
11 throughout the state, so if somebody wanted to
12 have an electric car, you know, they could drive
13 it -- you know, I don't have that confidence that
14 this working group is going to be able to do
15 anything differently than the Governor has done
16 over the last 10 years.
17 So what gives you the comfort that
18 where the Governor has really not accomplished
19 that result of charging stations so you can drive
20 across the state in an electric car, what gives
21 you the confidence that all of a sudden, under
22 the same administration, that anything would
23 change on that regard?
24 SENATOR KAMINSKY: Through you,
25 Mr. President. So with due respect, I find the
6428
1 comments to be a little meretricious because, you
2 know, the Governor had been trying to set
3 executive -- through executive order, without
4 help from one legislative branch, to come up with
5 a comprehensive solution, it's obviously going to
6 be a little harder.
7 But the Governor's goals in respect
8 to this area were -- are pretty far out ahead of
9 a lot of other states in this country. We have a
10 long way to go. This is going to codify those
11 milestones that are far out, but include interim
12 ones as well. Right? So we have to be hitting
13 these targets.
14 And the sky's the limit. We could
15 have charging stations exponentially more than we
16 have now. We could have wind turbines up and
17 down the East Coast of the United States with
18 their locus feeding into New York. You know, we
19 are known in this area -- I learned this in one
20 of the hearings we held -- as the Saudi Arabia of
21 wind. Who knew? And if we harness that power,
22 it could do a lot for us.
23 So we just have to, through the
24 setting of those aggressive goals and the interim
25 targets and putting our stamp today on the
6429
1 importance of doing this, get there. But if we
2 don't all agree that this is important and
3 necessary to do, it's going to be a lot harder.
4 We all have to have that spirit of urgency.
5 And I was going to wait for my final
6 comment to wax a little poetic about this, but we
7 have to take that leap. We have to know that we
8 have no choice but to get there, whether we can
9 talk about John F. Kennedy and the moon or the
10 Marshall Plan or gearing up for World War II --
11 whatever analogy we want to make or parallel we
12 want to set -- that's what we have to do here.
13 And this starts that out. And I
14 agree that we may have fallen short in some
15 areas, but we can't going forward.
16 SENATOR RANZENHOFER:
17 Mr. President, one more question for the sponsor,
18 if he will.
19 SENATOR KAMINSKY: Yes.
20 ACTING PRESIDENT BENJAMIN: The
21 sponsor yields.
22 SENATOR RANZENHOFER: How many
23 different councils or working groups are there in
24 this legislation? Is there one or are there
25 multiples?
6430
1 SENATOR KAMINSKY: There's a bunch.
2 Four.
3 SENATOR RANZENHOFER: Can you just
4 tell me what the four working groups or councils
5 are?
6 SENATOR KAMINSKY: Yes. There's
7 the Climate Action Council. There is the Climate
8 Justice Working Group. There is the
9 Environmental Justice Group that's created in a
10 bill we'll take up in a little bit by
11 Senator Parker. And there's the Just Transition
12 Working Group.
13 SENATOR RANZENHOFER:
14 Mr. President, through you, thank you to the
15 sponsor for addressing those, thank you.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Jacobs.
18 SENATOR JACOBS: On the bill.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Jacobs on the bill.
21 SENATOR JACOBS: Thank you very
22 much, Mr. President.
23 You know, when -- growing up in the
24 Buffalo area, I often remember talking with my
25 parents about what it was like when they were
6431
1 growing up in the Buffalo area. Usually people
2 tell stories about their childhood, they say how
3 great things were, in some ways maybe the good
4 old days. But actually when my parents used to
5 talk about the environment, it was not the good
6 old days, it was the bad old days.
7 Things were a lot worse, actually,
8 when they grew up in my area, grew up in the
9 summers on Lake Erie. And they told stories
10 about how many times when the Bethlehem Steel
11 plant was fully operational, that the sky was
12 dark from the soot of 50,000, 60,000, 70,000
13 workers every day working there. That the lake
14 was something you often didn't want to swim in.
15 That when they were children, it was declared
16 basically a dead lake.
17 Fast forward to today. Our lake is
18 vibrant, it is beautiful in the summertime. It
19 is very active, in that people are swimming, they
20 are boating and doing many things. Even our
21 Buffalo River, which was so very toxic, is now
22 clean again and vibrant again.
23 So we have in many environmental
24 ways made so many gains. And we have actually
25 made a lot of gains in terms of the discussions
6432
1 that we're talking about here tonight in terms of
2 energy. We have decreased our CO2 footprint in
3 terms of energy production in New York State by
4 40 percent, I believe, one statistic I heard,
5 since 1990. We are decommissioning or
6 transitioning coal-fired plants. That's
7 actually -- many would point to regulations; it's
8 really more towards the market that has done that
9 in terms of conversion to natural gas.
10 So we have made a lot of gains. But
11 we have a long way to go, as has been mentioned.
12 But we right now, in terms of renewables and in
13 terms of power generation, are around 23 percent,
14 but most of that is hydro, most of that thanks to
15 the power plant in Senator Ortt's district that's
16 generating that hydro. We are probably the
17 greenest area in the state. And
18 carbon-neutral -- beyond carbon-neutral, because
19 we're helping others do it.
20 But we're only around 2 percent
21 solar and 3 percent wind. And when we're talking
22 about trying to achieve a goal of getting to
23 65 percent in 10 years or 11 years, I think we
24 have to keep that in perspective.
25 So I want to be optimistic. I want
6433
1 to strive to do better. I want to strive to make
2 sure that my children are in a better place than
3 I was environmentally. But I also want to do it
4 in a realistic way, a way that does not
5 completely tip over this economy, an economy in
6 upstate New York that is fragile.
7 So I think that -- the idea of
8 discussion of a roadmap I think is an excellent
9 one. But I think the roadmap should be done, we
10 should gain and garner the information of the
11 experts, and they should come back to this body
12 and we talk about the implementation.
13 The other thing I think that roadmap
14 should be doing is we talked about that we're not
15 smart enough in this room to devise the roadmap.
16 Well, I don't know if we're smart enough in the
17 room to devise the goals. And in this
18 legislation we're establishing goals here. We're
19 saying 65 percent by 2030 and 100 percent --
20 where do we get that from? So I think that
21 should be part of that roadmap too that comes
22 back to us. I think that, Mr. President, is the
23 responsible way.
24 But I look forward to working on
25 this, because I think it is the issue of our day
6434
1 and we owe that to our children and our
2 grandchildren. But I believe we need to do it
3 the right and responsible way.
4 Thank you, Mr. President.
5 ACTING PRESIDENT BENJAMIN: Are
6 there any other Senators wishing to be heard?
7 Seeing and hearing none, the debate
8 is closed.
9 The Secretary will ring the bell.
10 Read the last section.
11 THE SECRETARY: Section 14. This
12 act shall take effect on the same date and in the
13 same manner as a chapter of the Laws of 2019.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN: Senator
18 May to explain her vote.
19 SENATOR MAY: Thank you,
20 Mr. President.
21 Human civilization developed over
22 thousands of years of a stable climate, when the
23 concentration of carbon dioxide in the atmosphere
24 fluctuated between about 260 and 280 parts per
25 million. This allowed the atmosphere to trap
6435
1 enough heat to facilitate the development of
2 agriculture and to create a climate through the
3 temperate regions of the world that would support
4 a vast number of species.
5 Senator Lanza described fluctuations
6 and ice ages, and he is right. About every
7 hundred thousand years, and back through
8 geological time, you can trace ice ages and
9 peaks. The peaks reached up to almost 300 parts
10 per million and went down to about 180 parts per
11 million.
12 But the first time we ever broke
13 300 parts per million was in 1950. And since
14 then, we have reached 415 parts per million of
15 carbon dioxide in the atmosphere.
16 That's 50 percent above what it was
17 during the entire length of the development of
18 human civilization and human agriculture. Fifty
19 percent.
20 This is not normal. This is not
21 some kind of normal fluctuation, as Senator Lanza
22 described. This is extraordinary, extreme, and
23 catastrophic. Scientists, farmers, fishermen,
24 coastal residents, people who depend on glacial
25 meltwater for their fresh water, they have all
6436
1 been sounding the alarm for decades. And more
2 recently, young people have been clamoring for
3 change, for us to do something. We've had
4 storms, fires, droughts, floods, invasions of
5 destructive pests -- and all of this has already
6 cost us trillions of dollars. We cannot pretend
7 that business as usual will fix this problem.
8 The election of 2018 was an
9 ultimatum from voters in this state and across
10 the country. No longer will we allow fossil fuel
11 barons to use their obscene profits to buy
12 politicians' silence or buy their denial about
13 global climate catastrophe.
14 This bill recognizes that the great
15 State of New York is ready to take real action to
16 lead the nation in changing business as usual.
17 ACTING PRESIDENT BENJAMIN: Senator
18 May.
19 SENATOR MAY: I'll be quick. My
20 Republican colleagues want to delay, they want to
21 talk about how much it will cost. I get that.
22 I've watched politicians cave to that fear and
23 delay and delay for years and years.
24 The truth is the cost of not
25 addressing climate disruption is far, far
6437
1 greater. It is the cost of agriculture as we
2 know it, oceans and shorelines as we know them,
3 seasons as we know them. It is the cost of our
4 children's future. And you who have blocked
5 legislation on this issue for years have made
6 this much harder, much costlier, and much more
7 dangerous.
8 I vote aye on behalf of my daughter
9 and her whole generation and all the generations
10 to come. And I thank Senator Kaminsky for this
11 bill.
12 ACTING PRESIDENT BENJAMIN: Senator
13 May to be recorded in the affirmative.
14 Senator Gianaris.
15 SENATOR GIANARIS: Mr. President, I
16 just want to remind my colleagues, the hour is
17 late. We have a lot more bills to go after this
18 one. We do intend to enforce the two-minute rule
19 on vote explanations for the rest of the evening.
20 So everyone be aware. Nothing personal, but
21 we're moving on. Thank you.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Sanders on the resolution -- I'm sorry, on the
24 bill. To explain his vote.
25 SENATOR SANDERS: I'm glad that my
6438
1 leadership spoke in such a fashion.
2 I'm gladly voting for this bill.
3 First, globally -- after that is such an easy way
4 to say we need to get rid of speeches and we need
5 to do the right thing here. And the right thing
6 is to realize that goal warming is real, that
7 we're in a process that New York has to lead the
8 way. And I'm so glad that Senator Kaminsky led
9 this debate.
10 And if anyone wants to read a very,
11 very good speech on this issue, I encourage you
12 to come over here now, because I have it.
13 (Laughter.)
14 SENATOR SANDERS: Mr. President,
15 you owe me a minute. Thank you very much.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Sanders to be recorded in the affirmative.
18 Senator Hoylman to explain his vote.
19 SENATOR HOYLMAN: Thank you,
20 Mr. President.
21 I just wanted to also commend the
22 sponsor and Leader Stewart-Cousins and our
23 colleagues on both sides of the aisle for finally
24 recognizing the reality of the science behind the
25 climate crisis that is underway.
6439
1 Let me just say that it's sad,
2 though, and I think we should reflect on how long
3 it has taken us to actually act on this. Years
4 of debate, years of discussion. Most of the
5 debate, though, not on this floor. In fact,
6 Mr. President, I will remind my colleagues that
7 in 2014, on Earth Day, we had a resolution that
8 did not even mention the word climate change,
9 climate emergency, or climate crisis. And we had
10 a day of bills that consisted of hunting and
11 fishing in schools, repealing safety tags for
12 hunters, repealing fees for hunting licenses,
13 permitting live restraint cables for the capture
14 of wild animals, and extending striped-bass
15 fishing season.
16 You would have thought Elmer Fudd
17 would have come up with that active list, not
18 someone interested in climate change and making
19 amends for our misdeeds as a human race.
20 So I commend the sponsor. I proudly
21 vote aye.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Hoylman to be recorded in the affirmative.
24 Senator Sepúlveda to explain his
25 vote.
6440
1 SENATOR SEPÚLVEDA: Thank you,
2 Mr. President, for allowing me to explain my
3 vote.
4 Due to pollution and decades of
5 environmental injustice indifference, the
6 South Bronx is one of the worst areas in the
7 nation, the highest rates of poverty, asthma,
8 diabetes, crumbling infrastructure, and
9 vulnerabilities to the extreme temperatures and
10 other environmental threats. Its waterfront
11 areas, like much of the rest of the city, are
12 also increasingly vulnerable to flooding and
13 storm surges.
14 But with the CLCPA, there's reason
15 for hope. Its holistic approach will invest in
16 things like workforce training, new energy
17 efficiencies, innovative infrastructure
18 development, and incentivizing new behaviors that
19 are less wasteful and more sustainable.
20 This is an environmental need that
21 the Bronx has had for many, many years. Many of
22 our children are going to school with asthma and
23 suffering from all kinds of diseases related to
24 the environment.
25 And I commend the sponsor, and I
6441
1 thank the leader for allowing this to come to the
2 floor, because in areas like the Bronx, this is
3 extremely necessary.
4 I vote affirmatively.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Sepúlveda to be recorded in the affirmative.
7 Senator Jackson to explain his vote.
8 SENATOR JACKSON: Thank you,
9 Mr. President.
10 It's now Wednesday morning, and I
11 say to all of you that the time is now and we
12 can't wait. Again, the time is now and we can't
13 wait.
14 Since before I took office in
15 January, I long supported the more robust version
16 of this bill, known as the Climate and Community
17 Protection Act. A broad coalition of advocates
18 have come together to draft the boldest climate
19 legislation in the entire country, if not the
20 world. In the past several months I have been
21 proud to champion the racial and economic justice
22 elements of the CCPA that could ensure our just
23 transition away from fossil fuels and towards a
24 green economy for New York State, the Empire
25 State. That's the name of our state.
6442
1 This bill before us is not that
2 bill. It's a partial victory. I've said before
3 you hope for a whole loaf of bread, but if you
4 can't get the whole loaf, then get half a loaf.
5 At least you'll eat now in order to have strength
6 to get that other half.
7 This bill does reduce emissions
8 significantly to 85 percent, and it promises to
9 provide some ill-defined benefits to
10 disadvantaged communities. But these provisions
11 of racial and economic justice are watered down
12 in ways that will leave the most vulnerable among
13 us behind.
14 I hope we can come back together in
15 January 2020, next year, ready to fill these
16 gaps. And we must get to zero emissions by 2050,
17 if not sooner.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Jackson, how do you vote?
20 SENATOR JACKSON: May I have 30
21 more seconds, sir?
22 UNIDENTIFIED SENATOR: No.
23 (Laughter.)
24 SENATOR JACKSON: I vote in favor
25 of this bill. But we must mandate stronger labor
6443
1 standards and job training programs that will
2 help us accomplish the transition --
3 ACTING PRESIDENT BENJAMIN: Senator
4 Jackson -- Senator Jackson --
5 SENATOR JACKSON: -- and just and
6 equitable --
7 ACTING PRESIDENT BENJAMIN: Senator
8 Jackson to be recorded in the affirmative.
9 SENATOR JACKSON: Thank you.
10 ACTING PRESIDENT BENJAMIN: Senator
11 Ramos to explain her vote.
12 SENATOR RAMOS: Thank you,
13 Mr. President.
14 I'm voting in the affirmative
15 because at least 4,000 people die every day in
16 New York from illnesses related to pollution, and
17 my district is no exception. Because we have a
18 facility that spews fossil fuels into our air,
19 because I have LaGuardia Airport with a bunch of
20 airplanes whose jet fuel also pollutes our air,
21 our asthma rates in my district are much higher
22 than our borough-wide average, which is quite
23 embarrassing. So for a front-line environmental
24 justice community like mine, passing this bill is
25 quite pivotal.
6444
1 Now, I too have some questions. I
2 wonder how we'll enforce language on the equity
3 investments, I wonder how we'll define labor
4 standards for the transitional jobs that we're
5 supporting here. And I'd like to have a clearer
6 timeline to reach that 100 percent reduction in
7 emissions. And that's something that I think as
8 a body we'll be working towards.
9 But what's important is that this
10 version of this bill, though not as robust as I
11 would like, lays a real foundation for us to
12 begin the work of reversing this manmade
13 disaster.
14 Thank you.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Ramos to be recorded in the affirmative.
17 Senator Ortt to explain his vote.
18 SENATOR ORTT: Mr. President, as I
19 already mentioned, I'll be voting in the
20 negative. I wanted to just rise real quick,
21 maybe add a little bit of levity.
22 I know this is a very serious issue,
23 and you can hear the passion on both sides, and I
24 think legitimate on both sides. But earlier
25 Senator Krueger referred to Senator Lanza's
6445
1 speech or talk as some of the worst drivel she's
2 heard. Now, I've known Senator Lanza for several
3 years. That is definitely not the worst drivel
4 I've heard from him.
5 (Laughter.)
6 SENATOR ORTT: And in fact -- and
7 in fairness -- I've heard equally bad drivel even
8 from members in your conference. So in respect,
9 let's be respectful of all the drivel that comes
10 out of Albany when we're having this discussion.
11 So, Mr. President, I vote in the
12 negative.
13 (Laughter.)
14 ACTING PRESIDENT BENJAMIN: Senator
15 Ortt to be recorded in the negative.
16 Senator Liu to explain his vote.
17 SENATOR LIU: I wasn't going to
18 speak, but since everybody seems to be speaking,
19 I have to say something about this very important
20 bill.
21 First let me say that from now on I
22 propose, after midnight, we cut it down to a
23 one-minute rule.
24 (Reaction from audience.)
25 SENATOR LIU: Start with me.
6446
1 This is our planet. We only have
2 one chance to keep it. And all the naysayers to
3 this bill will have said the same things 10 years
4 ago, 20 years ago, 50 years ago, a hundred years
5 ago when people started warning what was
6 happening to our planet.
7 We can do better. This bill doesn't
8 do everything, but it gets us a long way towards
9 the goal of leaving this planet a better place
10 than we got it in the first place.
11 Thank you, Mr. President.
12 Less than one minute. I'm trying to
13 set a trend here.
14 (Laughter.)
15 ACTING PRESIDENT BENJAMIN: Senator
16 Liu to be recorded in the affirmative.
17 Senator Bailey to explain his vote.
18 SENATOR BAILEY: Thank you,
19 Mr. President.
20 Senator Kaminsky, thank you for
21 introducing this legislation. The concept of
22 this bill is the antithesis of meretricious,
23 Senator Kaminsky.
24 (Laughter.)
25 SENATOR BAILEY: It's not just
6447
1 South Bronx, Senator Sepúlveda. The North Bronx
2 as well. The entire borough is the 62nd county
3 out of 62 counties in so many health metrics,
4 based upon the studies of the Robert Wood Johnson
5 Foundation. We're tired of the Bronx being,
6 except for those folks who are Yankee fans for
7 some reason, being the worst in everything -- you
8 know, the worst in everything good and the best
9 in everything bad. Like we're tired of those
10 things.
11 Recent reports about the effects of
12 climate change in the South Bronx and the
13 North Bronx are very real, Mr. President.
14 Pollution and air quality are so much lower in
15 communities of color. And we have to find a way
16 to make communities of color understand that
17 climate change is real, that environmental racism
18 has been happening and it will continue to happen
19 unless we put a stop to it. And I think this
20 bill is going to start those necessary
21 conversations and components of it.
22 You know, I remember, growing up,
23 watching a cartoon called Captain Planet. And
24 they said: "Captain Planet, he's our hero, going
25 to take pollution down to zero." When I was
6448
1 growing up, there were different things about
2 this planet that still existed and we just aren't
3 seeing anymore. Captain Planet just can't be a
4 conversation that we have, it can't just be a
5 TV show, it has to be something that we live by.
6 You know, growing up, recycling was
7 new to people. People didn't want to recycle,
8 when I remember -- like, "Why do we have to put
9 this damn blue bin out? This is crazy. Why are
10 we doing this?" But it worked out. Get
11 comfortable being uncomfortable.
12 I vote in the affirmative,
13 Mr. President.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Bailey to be recorded in the affirmative.
16 Senator Gounardes to explain his
17 vote.
18 SENATOR GOUNARDES: Thank you,
19 Mr. President.
20 You know, hearing this debate I was
21 a bit stupefied. Because, sure, we can point to
22 the tens of millions of years of Earth's history
23 and see the cycles and the flows. But we only
24 have one shot at this ourselves. And if we don't
25 act now, there is no tomorrow for the future of
6449
1 humanity.
2 And those of us who represent
3 coastal communities know this incredibly well.
4 Hurricane Sandy, Hurricane Irene, the list goes
5 on. And what has happened, the catastrophic
6 effects of climate change on our coastal
7 neighborhoods -- half of the district that I
8 represent was wiped out seven years ago by
9 Hurricane Sandy.
10 Rising seas, escalating
11 temperatures -- the threats are real. The
12 reality is here. We have to act now. This is
13 the most far-reaching climate change legislation
14 in the country, dare I say the world, short of
15 the Paris accords.
16 And I'm incredibly, incredibly proud
17 to vote in the affirmative for this legislation,
18 and I thank Senator Kaminsky for helping to see
19 this to the finish line.
20 Thank you.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Gounardes to be recorded in the affirmative.
23 Senator Comrie to explain his vote.
24 SENATOR COMRIE: Thank you,
25 Mr. President, for allowing me to explain my
6450
1 vote.
2 I represent Queens and a district
3 that's bordered by the Grand Central Parkway, the
4 Van Wyck Expressway, the Belt Parkway, the
5 Cross-Island Parkway, that deals with traffic
6 from Kennedy Airport and the LaGuardia Airport.
7 We have one of the highest levels of asthma and
8 bronchitis and other airborne diseases in the
9 state. Therefore, I'm going to thank Senator
10 Kaminsky for moving the ball forward, for
11 creating an opportunity first to have real
12 discussions, for understanding that this is the
13 basis for a lot of work that has to be done for
14 us to be environmentally friendly and for us to
15 relieve the scourge of airborne diseases in our
16 community.
17 The environmental justice aspect of
18 this bill is what has me excited the most. I
19 hope to see the numbers improve on that as well,
20 but it's a start.
21 The opportunity to listen to experts
22 and move around the state is important as well to
23 make sure that we finally have a bill that can
24 move the football forward and create an
25 opportunity to create justice for all, to stop
6451
1 the environmental scourge in our communities, to
2 make sure that we can fix the asthma problems in
3 our area, the health problems in our area that's
4 related to environmental injustice.
5 I also have waste transfer stations
6 in my district, every negative impact that is
7 happening in my community. So I vote aye for
8 this bill. I want to thank the leader for making
9 sure that this happened. I want to thank Senator
10 Kaminsky and the working group and all my
11 colleagues for voting on this today.
12 I vote aye.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Comrie to be recorded in the affirmative.
15 Senator Kavanagh to explain his
16 vote.
17 SENATOR KAVANAGH: Thank you,
18 Mr. President.
19 I'll try to adhere to the Liu
20 post-midnight rule.
21 But I would be remiss if I didn't
22 join all of those who have just taken a moment to
23 acknowledge the extraordinary thing we're doing
24 tonight. It is very rare that you can stand up
25 and say you are literally changing the trajectory
6452
1 of the climate of the planet. We are literally
2 taking steps to make sure that our planet is
3 sustainably habitable into the long term.
4 This has been a long time coming,
5 tremendous advocacy from many quarters. I spent
6 a lot of years in the Assembly, you know, pushing
7 for this and sending it over to this house and,
8 you know, seeing it not get done.
9 I want to particularly, you know,
10 honor the great work of our Environmental
11 Conservation chair, Todd Kaminsky, and our leader
12 for bringing this together, and all that made it
13 possible. And I vote aye.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Kavanagh to be recorded in the affirmative.
16 Senator Lanza to explain his vote.
17 SENATOR LANZA: Thank you,
18 Mr. President.
19 You know, the founders described
20 something that they feared as a threat to
21 liberty. They called it the tyranny of the
22 majority. Let me tell you what it sounds like.
23 I know, oh, my God, I gotcha. It sounds like
24 this. "If you don't agree with me, you're not as
25 smart as I am. If I don't like what you're
6453
1 saying, I'll call it drivel. I don't even want
2 to listen to you."
3 That's what I heard tonight. It was
4 a personal attack, and it's exactly what the
5 tyranny of the majority sounds like.
6 And I'm not going to be lectured
7 from a Manhattan elected official about
8 pollution. Because one of the worst
9 environmental crimes in the history of the state
10 was committed by Manhattan elected officials when
11 they took one of the most pristine, most
12 beautiful, environmentally sensitive areas in the
13 state -- brackish waters, freshwater estuaries,
14 wetlands, upland forests -- and they decide to
15 create an unpermitted, unlined dump where they
16 deposited their toxic waste. That's what
17 happened on Staten Island. It was called the
18 Fresh Kills Landfill.
19 I don't want to be lectured about
20 the environment. I'll put my environmental
21 record up against anyone. Since the moment I've
22 been here, I have advanced alternative energy,
23 green roofs, solar energy, tax credits for
24 cleaner energy.
25 I want to compliment the sponsor of
6454
1 this bill. He's sincere, he's earnest. The
2 problem is real. Senator Ramos is right, we've
3 got to do all we can to keep our air and water
4 clean. We're all about making sure we don't
5 pollute. And I think this is an intelligent and
6 thoughtful approach to bring people together to
7 study and understand. Because you're right,
8 we're not smart enough to figure this out, and we
9 need the experts.
10 But there is a lot going on here,
11 and we ought to get it right and really
12 understand it and not just walk off with some
13 talking points --
14 ACTING PRESIDENT BENJAMIN: Senator
15 Lanza.
16 SENATOR LANZA: -- about this is
17 the problem or that's the problem.
18 The only objection I have, Senator
19 Kaminsky, to this legislation is not that you're
20 going to have experts studying the problem, we
21 need that, but that they don't report to us with
22 respect to their findings. I don't want to see
23 them have the power that is vested here in the
24 legislative body.
25 ACTING PRESIDENT BENJAMIN: Senator
6455
1 Lanza, how do you vote?
2 SENATOR LANZA: But I appreciate
3 your efforts.
4 And I vote no.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Lanza to be recorded in the negative.
7 Senator Carlucci to explain his
8 vote.
9 SENATOR CARLUCCI: Thank you,
10 Mr. President.
11 I want to thank my colleagues for
12 supporting this very important legislation.
13 Climate change is the most important issue of our
14 time. And our residents have elected us here to
15 take on the big issues. I'm so proud of this
16 body for putting forth this legislation that will
17 really blaze a pathway forward for the rest of
18 the nation to follow.
19 There's that old adage that I think
20 is really fitting here tonight, and that's that
21 discipline weighs ounces, regret weighs tons.
22 Let's make sure that we're putting the discipline
23 in now so that we can bestow this reward of our
24 environment and taking advantage of all the
25 blessings that Mother Nature has bestowed to us.
6456
1 Let's make sure that we leave that legacy, we
2 leave those gifts to all the residents of New
3 York State and all of our children.
4 I'm excited to be voting for this
5 legislation. I want to thank Senator Kaminsky
6 for putting it forward, and of course Leader
7 Andrea Stewart-Cousins for having the leadership
8 to put this important legislation forward.
9 And let's blaze that pathway
10 forward. I believe we'll see other states follow
11 through and truly make a difference in climate
12 change in this nation and obviously around the
13 world.
14 Thank you, Mr. President.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Carlucci to be recorded in the affirmative.
17 Senator Kennedy to explain his vote.
18 SENATOR KENNEDY: Thank you,
19 Mr. President.
20 I rise to support the Climate
21 Leadership and Community Protection Act.
22 I want to recognize the sponsor of
23 this bill, Senator Kaminsky, for his diligent,
24 constant and consistent work in making this
25 legislation happen. This is far-reaching
6457
1 legislation that is setting the bar, and it's
2 setting it high. And it's aggressive, yes, but
3 it is planting a flag for future generations.
4 It's setting a mark for our country to follow.
5 And quite frankly, as we are moving
6 forward in ensuring that future generations have
7 environmental protections that they can count on,
8 it is ensuring that our children and our
9 grandchildren have a state that is actually
10 paying attention to their needs and the needs of
11 the future.
12 I want to recognize the
13 environmental advocates that are here, as well as
14 our leader, Senator Andrea Stewart-Cousins, for
15 bringing this to the floor.
16 With that, Mr. President, I vote
17 aye.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Kennedy to be recorded in the affirmative.
20 Are there any other Senators wishing
21 to be heard?
22 Senator Metzger to explain her vote.
23 SENATOR METZGER: So I think there
24 is a consensus here that we -- well, mostly a
25 consensus, I should say. We are -- climate
6458
1 change presents -- it's the greatest crisis
2 facing our time, and it is the greatest challenge
3 facing humanity. The entire global economy runs
4 on fossil fuels.
5 And it can seem incredibly daunting,
6 the amount of change that we have to make, and we
7 have to make in a fairly short amount of time. I
8 mean, we've known about this problem for decades.
9 And as Senator Kaminsky said, we have not been
10 doing what we need -- what we've needed to do.
11 But we have to embrace this
12 challenge, and we are embracing this challenge
13 today in New York State. And we have to see the
14 opportunities that it presents, the opportunities
15 to create, to build a truly clean, healthy,
16 sustainable economy right here in New York. We
17 have an opportunity to encourage new investments
18 in our rural communities that desperately need
19 new investments, new infusions of capital. We
20 have the opportunity to create thousands of
21 good-paying jobs. We have the opportunity to
22 create real energy security and end our
23 dependence on fossil fuel imports. There are a
24 lot of opportunities.
25 But we can't realize those
6459
1 opportunities unless we have a plan. And we have
2 not had a plan. So this legislation is -- it's
3 historic. It sets in motion a plan that we have
4 desperately needed to get us to where we need to
5 be. It's personally very meaningful, having
6 worked on this issue for now nearly 30 years.
7 And I'm really thrilled to be able to go home and
8 tell my kids that New York State is going to do
9 something about this crisis.
10 I vote aye.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Metzger to be recorded in the affirmative.
13 Senator Biaggi to explain her vote.
14 SENATOR BIAGGI: Thank you,
15 Mr. President.
16 Without an addressing of this issue,
17 none of the other issues that we deal with in
18 this house -- or in any house, to be quite
19 honest -- matter. Because without a planet that
20 is healthy and that can sustain the test of time,
21 rent laws and other issues that we take up won't
22 even be relevant because we won't even have clean
23 air to breathe.
24 I represent a community that spans
25 from the South Bronx all the way up to
6460
1 Westchester County in Pelham. And when you drive
2 from Hunts Point to Pelham, the air is different.
3 The air is cleaner in Pelham, the air is cooler
4 in Pelham. And in Hunts Point, the air is
5 dirtier, the air creates so many problems for the
6 people who live in that community.
7 And I am so proud to be taking such
8 a bold step forward with all of my colleagues
9 here today. I commend and am in awe of Senator
10 Kaminsky and all the work that he's done here.
11 It is remarkable what we are doing. This is a
12 giant step forward, and I proudly vote aye.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Biaggi to be recorded in the affirmative.
15 Any other Senators wishing to be
16 heard?
17 Sealing and hearing none, Senator
18 Kaminsky, followed by Majority Leader Andrea
19 Stewart-Cousins to close.
20 Senator Kaminsky.
21 SENATOR KAMINSKY: Thank you,
22 Mr. President.
23 We're only here today because of
24 Senator Andrea Stewart-Cousins. And she made
25 clear from day one that this was an awesome
6461
1 priority, that this Senate was not going to fail
2 having to undertake this task. She presented me
3 with this responsibility as chair of this
4 committee, and entrusted me with this
5 legislation, and it was quite a daunting task.
6 Because to be honest with you, when I considered
7 the full breadth of the legislation in my new
8 role, I was not sure whether it could be done.
9 And I tried to talk to as many
10 people as I can who had studied this as their
11 careers, who are experts in this field. We had
12 hearings throughout the state where we heard from
13 factory workers and farmers, from teenagers and
14 senior citizens and everyone in between. And
15 many people in our body had far more experience
16 than I did in this -- Senators Hoylman and
17 Kavanagh and Krueger had been environmental
18 champions for decades, and there are many members
19 in our conference, like Senators Metzger and May
20 and Salazar and Ramos, who had worked hard in
21 this area.
22 See, Senator Flanagan, I can name
23 check as good as anyone.
24 But I -- when I was given this
25 responsibility, I searched as hard as I could and
6462
1 after hearing and studying as hard as I could and
2 having these hearings, I was left with the
3 conclusion that we could absolutely do it and
4 that we had no choice but to. And so getting
5 this legislation done was the top priority,
6 because we could not afford not to do it.
7 And taking this leap that we are
8 taking tonight is placing faith in the people of
9 the State of New York, and placing our faith in
10 doing what must be done, because we cannot go
11 back. Our air has suffered, our climate has
12 suffered, and our future will suffer immeasurably
13 if we don't do something.
14 And so I found myself last weekend,
15 the owner of a new home, walking out on my street
16 at night to take out the garbage -- which when
17 I'm home I definitely have to do -- and I could
18 hear the ocean. I'm privileged to live in the
19 community where I grew up, and I'm a block from
20 the beach. You could hear it roar, I didn't know
21 that, from where I was. And I turned around and
22 looked at my house, where my two boys were
23 sleeping, and it's nice to be near the ocean, but
24 it's really close when you consider Hurricane
25 Sandy and other things.
6463
1 And I then looked at the New York
2 Times shortly thereafter, and there's a picture
3 of an Arctic dog sled team -- except the dogs
4 aren't running on the ice, they're running on
5 water because the ice is gone.
6 So when I consider what it means for
7 our communities and for our world, taking action
8 is critical, it's necessary, and I'm so proud to
9 sponsor this legislation and set a bar for the
10 rest of the country tonight. We can't go back,
11 we can only move forward.
12 To the staff that helped put this
13 together, and this amazing conference, who are
14 all on the same page with needing to get this
15 done, to the Assembly and to the Governor and
16 everyone that makes this happen, this is the
17 beginning. It's not the end. It's the beginning
18 of something very important. Let's resolve to
19 begin today and not look back.
20 I vote in the affirmative.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Kaminsky to be recorded in the affirmative.
23 Majority Leader Stewart-Cousins to
24 explain her vote.
25 SENATOR STEWART-COUSINS: Thank
6464
1 you, Mr. President.
2 It is really extraordinary being
3 here. And as we finish off this session, as I
4 said to so many reporters who asked, "What are
5 you going to do?", I said "Just stay tuned."
6 We are doing things that no one
7 would have thought would be done in this chamber
8 with the type of attention and intelligence and
9 dedication that really brings forward results.
10 And part of that is making sure that the right
11 people are doing the right things. And tonight
12 is no different. Tonight we are making, I
13 believe, once again, a historic move.
14 It's not as emotional, although I
15 guess my environmental advocates are probably
16 like, okay, you know, I got it, I got it. But
17 you see, they're subtle. You know, it's not like
18 the cheering and the chanting and the tears.
19 But as everyone has said, what's
20 happening here tonight is far and away one of the
21 most critical things that we have done in this
22 chamber. Because we are saying what we know:
23 That we don't know enough to fix it, but for the
24 sake of your children, Senator Kaminsky, and all
25 of our children and grandchildren, we have to do
6465
1 something.
2 When I grew up, I grew up in
3 projects that burnt, you know, garbage because
4 that's what they did. You've got garbage, you
5 burn it. You breathe it, you wheeze. What's
6 wrong? We lived by the river, the Hudson River.
7 We put sewage treatment plants and garbage and
8 jails and -- because why do we care about that?
9 And here we are. A bit enlightened,
10 but still not enlightened enough to face the
11 crisis that if we don't do something about will
12 make everything we're doing here moot.
13 That's why, Senator Kaminsky, what
14 you've done is so important. And that's why when
15 everybody was checking off lists of everything
16 that had to be done and forgetting to say
17 "climate," you would say, What about that? You
18 never let it go.
19 And the work groups, which is so
20 much a part of what happens in our conference,
21 along with you and your leadership -- as you
22 said, going around the state, hearing from
23 experts, never relenting -- is what's brought us
24 here today.
25 And we know that this is not only a
6466
1 first step, but it is a giant step. It's a
2 leadership step. It's a national step. It is
3 the step that we begin today with the commitment
4 to save our planet, to save our future, to save
5 our children, so that everything we do in this
6 chamber that is meant to help the people of
7 New York and beyond will be enjoyed for years,
8 thousands of years, on a healthy planet.
9 Thank you for your leadership,
10 Senator. Thank you for again, like everyone
11 else, not letting us down because we understand
12 the importance of the work we do.
13 Congratulations.
14 And yes, I vote aye.
15 ACTING PRESIDENT BENJAMIN:
16 Majority Leader Stewart-Cousins to be recorded in
17 the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 1622, those Senators voting in the
21 negative are Senators Akshar, Amedore, Antonacci,
22 Felder, Flanagan, Funke, Gallivan, Griffo,
23 Helming, Jacobs, Jordan, Lanza, Little, O'Mara,
24 Ortt, Ranzenhofer, Ritchie, Robach, Serino,
25 Seward and Tedisco.
6467
1 Ayes, 41. Nays, 21.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 (Extended standing ovation.)
5 ACTING PRESIDENT BENJAMIN: Senator
6 Gianaris.
7 SENATOR GIANARIS: Mr. President,
8 pursuant to Rule 5, Section 2, I move that we
9 remain in session past midnight.
10 ACTING PRESIDENT BENJAMIN: Without
11 objection, so ordered.
12 SENATOR GIANARIS: As it is past
13 midnight, I should point out that it is now
14 Senator Serrano's birthday.
15 (Cheers; applause; singing of
16 opening bars of "Happy Birthday.")
17 ACTING PRESIDENT BENJAMIN: All
18 right, we got it.
19 Senator Gianaris.
20 SENATOR GIANARIS: Mr. President,
21 can we now proceed to the reading of Supplemental
22 Calendar 5B.
23 ACTING PRESIDENT BENJAMIN: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
6468
1 1475, Senate Print 20, by Senator Parker, an act
2 to amend the Public Service Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 1475, those Senators voting in the
14 negative are Senators Akshar, Amedore, Antonacci,
15 Boyle, Flanagan, Funke, Gallivan, Griffo,
16 Helming, Jacobs, Jordan, LaValle, Little, Ortt,
17 Ranzenhofer, Serino, Seward and Tedisco. Also
18 Senator Robach. Also Senator Ritchie.
19 Ayes, 42. Nays, 20.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 There is a substitution at the desk.
23 The Secretary will read.
24 THE SECRETARY: Senator Hoylman
25 moves to discharge, from the Committee on Rules,
6469
1 Assembly Bill Number 481A and substitute it for
2 the identical Senate Bill 301A, Third Reading
3 Calendar 1486.
4 ACTING PRESIDENT MAYER: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1486, Assembly Print Number 481A, by
9 Assemblymember Rosenthal, an act to amend the
10 Public Health Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Senator
19 Hoylman to explain his vote.
20 SENATOR HOYLMAN: Very briefly,
21 Madam President.
22 This legislation would expand the
23 New York State Department of Health's Tobacco
24 Use, Prevention and Control Program to include
25 e-cigarettes and liquid nicotine.
6470
1 We know, Madam President, there's an
2 epidemic of high school youths using
3 e-cigarettes. We need to combat the use of these
4 e-cigarettes such as JUUL and stop a whole
5 generation of children from becoming addicted to
6 nicotine.
7 I vote aye.
8 ACTING PRESIDENT MAYER: Senator
9 Hoylman to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1486, voting in the negative:
13 Senator Ranzenhofer.
14 Ayes, 61. Nays, 1.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1503, Senate Print 644A, by Senator Boyle, an act
19 to validate certain acts of the Islip Union Free
20 School District with regard to certain capital
21 improvement projects.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
6471
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1520, Senate Print 1557, by Senator Serrano, an
11 act to create a temporary state commission to
12 study and make recommendations concerning the
13 incidence of asthma in the borough of the Bronx
14 in New York City.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 6. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1520, voting in the negative:
6472
1 Senator Akshar.
2 Ayes, 61. Nays, 1.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1534, Senate Print 1803A, by Senator Rivera, an
7 act to amend the Public Health Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 30. This
11 act shall take effect on the 180th day after it
12 shall have become a law.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1535, Senate Print 2062, by Senator Serrano, an
23 act to amend the Executive Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
6473
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 90th day after it
3 shall have become a law.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 1535, voting in the negative:
11 Senator Akshar.
12 Ayes, 61. Nays, 1.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 There is a substitution at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator Hoylman
18 moves to discharge, from the Committee on Rules,
19 Assembly Bill Number 1204A and substitute it for
20 the identical Senate Bill 2279A, Third Reading
21 Calendar 1536.
22 ACTING PRESIDENT MAYER: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
6474
1 1536, Assembly Print Number 1204A, by
2 Assemblymember Peoples-Stokes, an act to amend
3 the Public Health Law and the Executive Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day after it
8 shall have become a law.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 1536, those Senators voting in the
16 negative are Senators Gallivan, Jacobs and Ortt.
17 Ayes, 59. Nays, 3.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1537, Senate Print 3020, by Senator Kennedy, an
22 act to amend the Transportation Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 4. This
6475
1 act shall take effect on the 180th day after it
2 shall have become a law.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 There is a substitution at the desk.
12 The Secretary will read.
13 THE SECRETARY: Senator Myrie moves
14 to discharge, from the Committee on Rules,
15 Assembly Bill Number 120 and substitute it for
16 the identical Senate Bill 3133, Third Reading
17 Calendar 1538.
18 ACTING PRESIDENT MAYER: The
19 substitution is so ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1538, Assembly Print Number 120, by
23 Assemblymember Buchwald, an act to amend the
24 Election Law.
25 ACTING PRESIDENT MAYER: Read the
6476
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 15th of December.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 1538, those Senators voting in
11 the negative are Senators Akshar, Amedore, Boyle,
12 Flanagan, Funke, Gallivan, Griffo, Helming,
13 Jacobs, Jordan, Lanza, LaValle, Little, O'Mara,
14 Ortt, Ranzenhofer, Ritchie, Robach, Serino and
15 Seward.
16 Ayes, 42. Nays, 20.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1539, Senate Print 3254, by Senator Parker, an
21 act to amend Not-For-Profit Corporation Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect November 11, 2020.
6477
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1540, Senate Print 3571, by Senator Serrano, an
11 act to amend the Parks, Recreation and Historic
12 Preservation Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day after it
17 shall have become a law.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 1540, those Senators voting in
25 the negative are Senators Akshar, Amedore,
6478
1 Gallivan, O'Mara, Ortt and Ranzenhofer.
2 Ayes, 56. Nays, 6.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 There is a substitution at the desk.
6 The Secretary will read.
7 THE SECRETARY: Senator Flanagan
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 5769A and substitute it for
10 the identical Senate Bill Number 3735B, Third
11 Reading Calendar 1541.
12 ACTING PRESIDENT MAYER: The
13 substitution is so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1541, Assembly Print Number 5769A, by
17 Assemblymember Raia, an act in relation to
18 authorizing the East Northport Fire District to
19 file an application for a real property tax
20 exemption.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
6479
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 1541, those Senators voting in the
7 negative are Senators Akshar, Antonacci and
8 O'Mara.
9 Ayes, 59. Nays, 3.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1542, Senate Print 3907, by Senator Serrano, an
14 act to amend the Tax Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1542, those Senators voting in
6480
1 the negative are Senators Amedore, Antonacci,
2 Flanagan, Funke, Gallivan, Griffo, Helming,
3 Jacobs, Jordan, LaValle, Little, O'Mara, Ortt,
4 Ranzenhofer, Robach, Serino, Seward, Skoufis and
5 Tedisco.
6 Ayes, 43. Nays, 19.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1543, Senate Print 4031B, by Senator Jackson, an
11 act to establish a commission for the educational
12 advancement of multilingual learners in New York.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect April 1, 2020.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1543, those Senators voting in
24 the negative are Senators Akshar, LaValle, Little
25 and Tedisco.
6481
1 Ayes, 58. Nays, 4.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1544, Senate Print 4048A, by Senator Kennedy, an
6 act to amend the Highway Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the first of April.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1545, Senate Print 4106, by Senator Kaminsky, an
21 act to authorize Joseph DelGiorno's eligibility
22 to apply for military service credit in the
23 New York State Teachers' Retirement System.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
6482
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1546, Senate Print Number 4135A, by
13 Senator Skoufis, an act to authorize the City of
14 Newburgh, in the County of Orange, to offer an
15 optional twenty-year retirement plan to
16 police officer Samuel Kenan Jr.
17 ACTING PRESIDENT MAYER: There is a
18 home-rule message at the desk.
19 Read the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
6483
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1547, Senate Print 4189A, by Senator Kennedy, an
7 act to amend the Transportation Law.
8 ACTING PRESIDENT MAYER: Calendar
9 Number 1547 is high and will be laid aside for
10 the day.
11 THE SECRETARY: Calendar Number
12 1548, Senate Print 4389A, by Senator Kaminsky, an
13 act to amend the Environmental Conservation Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect December 31, 2022.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 1548, voting in the negative:
25 Senator Amedore.
6484
1 Ayes, 61. Nays, 1.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 There is a substitution at the desk.
5 The Secretary will read.
6 THE SECRETARY: Senator Akshar
7 moves to discharge, from the Committee on
8 Local Government, Assembly Bill Number 6546 and
9 substitute it for the identical Senate Bill 4392,
10 Third Reading Calendar 1549.
11 ACTING PRESIDENT MAYER: The
12 substitution is so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1549, Assembly Print Number 6546, by
16 Assemblymember Lupardo, an act to amend the
17 County Law and the Tax Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
6485
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 1549, those Senators voting in the
4 negative are Senators Antonacci, Helming, Jacobs,
5 Jordan, Kaminsky, Lanza, Ortt, Serino and
6 Tedisco.
7 Ayes, 53. Nays, 9.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1550, Senate Print 4520, by Senator Harckham, an
12 act to amend the Public Authorities Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
6486
1 1551, Senate Print 4530, by Senator Parker, an
2 act to amend the Tax Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 60th day after it
7 shall have become a law.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1552, Senate Print 4862B, by Senator Martinez, an
18 act to amend the Education Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 12. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
6487
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1552, those Senators voting in
5 the negative are Senators Akshar, Amedore, Funke,
6 Gallivan, Griffo, Jacobs, Jordan, Little, O'Mara,
7 Ortt, Ranzenhofer, Ritchie, Seward and Tedisco.
8 Ayes, 48. Nays, 14.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1553, Senate Print 5035, by Senator Harckham, an
13 act to amend the Vehicle and Traffic Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 120th day after it
18 shall have become a law.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1553, those Senators voting in
6488
1 the negative are Senators Akshar, Amedore,
2 Antonacci, Flanagan, Funke, Gallivan, Griffo,
3 Helming, Jacobs, Jordan, Lanza, LaValle, Little,
4 Martinez, Metzger, O'Mara, Ortt, Ritchie, Robach,
5 Serino, Skoufis and Tedisco.
6 Ayes, 40. Nays, 22.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 Calendar Number 1554 is high and
10 will be laid aside for the day.
11 THE SECRETARY: Calendar Number
12 1555, Senate Print 5202A, by Senator Gounardes,
13 an act directing a study on the impact of
14 increased minimum wage on eligibility for
15 income-based services.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect one year after it shall
20 have become a law.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
6489
1 THE SECRETARY: In relation to
2 Calendar Number 1555, those Senators voting in
3 the negative are Senators Amedore, Antonacci,
4 Flanagan, Funke, Gallivan, Griffo, Helming,
5 Jacobs, Jordan, Lanza, O'Mara, Ortt, Ranzenhofer,
6 Ritchie, Robach, Serino, Seward and Tedisco.
7 Ayes, 44. Nays, 18.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1556, Senate Print 5312, by Senator Harckham, an
12 act in relation to directing the State Board of
13 Real Property Tax Services to conduct a study on
14 real property tax saturation.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1556, those Senators voting in
6490
1 the negative are Senators Akshar, Antonacci and
2 Flanagan.
3 Ayes, 59. Nays, 3.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1557, Senate Print 5372, by Senator Comrie, an
8 act to amend the Real Property Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 90th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1557, those Senators voting in
21 the negative are Senators Akshar, Amedore,
22 Antonacci, Flanagan, Funke, Gallivan, Griffo,
23 Helming, Jordan, LaValle, Little, O'Mara, Ortt,
24 Ranzenhofer, Ritchie, Robach, Serino, Seward and
25 Tedisco.
6491
1 Ayes, 43. Nays, 19.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1558, Senate Print 5439, by Senator Metzger, an
6 act to amend the Energy Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Senator
15 Metzger to explain her vote.
16 SENATOR METZGER: Since this bill
17 is right on topic tonight, I just want to briefly
18 say this legislation directs the NYSERDA chair,
19 in consultation with OGS, to develop a plan to
20 convert the state's passenger fleet to electric,
21 hybrid or zero-emissions vehicles by 2030.
22 The state has approximately 7,800
23 passenger cars in its fleet. It's important that
24 New York State lead the way, lead by example.
25 Carbon emissions from the transportation
6492
1 sector -- it's about a third of our total carbon
2 emissions, so it's an important sector to lead
3 on.
4 Thank you very much, and I vote aye.
5 ACTING PRESIDENT MAYER: Senator
6 Metzger to be recorded in the affirmative.
7 Senator Ortt to explain his vote.
8 SENATOR ORTT: Yes, real briefly.
9 I'm going to be voting in the
10 negative because I'm going to await the
11 recommendations of the councils from the last
12 bill.
13 ACTING PRESIDENT MAYER: Senator
14 Ortt to be recorded in the negative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar Number 1558, those Senators voting in
18 the negative are Senators Akshar, Amedore, Funke,
19 Gallivan, O'Mara, Ortt and Ritchie.
20 Ayes, 55. Nays, 7.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1559, Senate Print 5570, by Senator Martinez, an
25 act to amend the Executive Law.
6493
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1560, Senate Print 5579, by Senator Serrano, an
15 act to amend the Environmental Conservation Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 7. This
19 act shall take effect on the 120th day after it
20 shall have become a law.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
6494
1 THE SECRETARY: In relation to
2 Calendar Number 1560, those Senators voting in
3 the negative are Senators Gallivan, Helming and
4 O'Mara. Also Senator Ortt.
5 Ayes, 58. Nays, 4.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 There is a substitution at the desk.
9 The Secretary will read.
10 THE SECRETARY: Senator Kennedy
11 moves to discharge, from the Committee on Rules,
12 Assembly Bill Number 7496A and substitute it for
13 the identical Senate Bill Number 5604A, Third
14 Reading Calendar 1561.
15 ACTING PRESIDENT MAYER: The
16 substitution is so ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1561, Assembly Print Number 7496A, by
20 Assemblymember Peoples-Stokes, an act to amend
21 Chapter 5 of the Laws of 1997.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
6495
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1562, Senate Print 5615, by Senator Benjamin, an
11 act to amend the Environmental Conservation Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the 90th day after it
16 shall have become a law.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 There is a substitution at the desk.
6496
1 The Secretary will read.
2 THE SECRETARY: Senator Carlucci
3 moves to discharge, from the Committee on Rules,
4 Assembly Bill Number 7433 and substitute it for
5 the identical Senate Bill Number 5634, Third
6 Reading Calendar 1563.
7 ACTING PRESIDENT MAYER: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1586, Assembly Print Number 7433, by
12 Assemblymember Zebrowski, an act in relation to
13 permitting the Village of Upper Nyack to file an
14 application for a real property tax exemption.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1563, those Senators voting in
6497
1 the negative are Senators Akshar, Antonacci,
2 O'Mara and Tedisco.
3 Ayes, 58. Nays, 4.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1564, Senate Print 5649, by Senator Gallivan, an
8 act to validate certain acts of the Mount Morris
9 Central School District with regard to certain
10 capital improvement projects.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1565, Senate Print 5653A, by Senator Metzger, an
25 act to amend the Public Health Law.
6498
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1566, Senate Print 5696, by Senator Metzger, an
15 act to amend the Public Service Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 SENATOR GIANARIS: Lay it aside for
19 the day, please.
20 ACTING PRESIDENT MAYER: The bill
21 is laid aside for the day.
22 There is a substitution at the desk.
23 The Secretary will read.
24 THE SECRETARY: Senator Sepúlveda
25 moves to discharge, from the Committee on Rules,
6499
1 Assembly Bill Number 591 and substitute it for
2 the identical Senate Bill Number 5703, Third
3 Reading Calendar 1567.
4 ACTING PRESIDENT MAYER: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1567, Assembly Print Number 591, by
9 Assemblymember Rosenthal, an act to amend the
10 Mental Hygiene Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1567, those Senators voting in
22 the negative are Senators Akshar, Antonacci,
23 Flanagan, Funke, Gallivan, Griffo, Helming,
24 Jordan, Little, Ortt, Ranzenhofer, Ritchie,
25 Robach and Seward.
6500
1 Ayes, 48. Nays, 14.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 There is a substitution at the desk.
5 The Secretary will read.
6 THE SECRETARY: Senator Flanagan
7 moves to discharge, from the Committee on Rules,
8 Assembly Bill Number 7560B and substitute it for
9 the identical Senate Bill Number 5706A, Third
10 Reading Calendar 1568.
11 ACTING PRESIDENT MAYER: The
12 substitution is so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1568, Assembly Print Number 7560B, by
16 Assemblymember Fitzpatrick, an act in relation to
17 authorizing the assessor of the Town of
18 Smithtown, County of Suffolk, to accept from the
19 Monastery of the Glorious Ascension, Inc., an
20 application for exemption from real property
21 taxes.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
6501
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar Number 1568, those Senators voting in
8 the negative are Senators Akshar, Antonacci and
9 O'Mara.
10 Ayes, 59. Nays, 3.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1569, Senate Print 5719, by Senator Jackson, an
15 act to amend the Education Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 62.
6502
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1570, Senate Print 5826, by Senator May, an act
5 to amend the Environmental Conservation Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar Number 1570, those Senators voting in
17 the negative are Senators Akshar, Amedore,
18 Jacobs, Jordan, O'Mara and Ranzenhofer.
19 Ayes, 56. Nays, 6.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 There is a substitution at the desk.
23 The Secretary will read.
24 THE SECRETARY: Senator Serino
25 moves to discharge, from the Committee on
6503
1 Finance, Assembly Bill Number 4775 and substitute
2 it for the identical Senate Bill Number 5829,
3 Third Reading Calendar 1571.
4 ACTING PRESIDENT MAYER: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1571, Assembly Print Number 4775, by
9 Assemblymember Galef, an act to amend the
10 Executive Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1572, Senate Print 5863A, by Senator Jackson, an
25 act to amend the Education Law.
6504
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar Number 1572, those Senators voting in
12 the negative are Senators Akshar, Antonacci,
13 Flanagan, Griffo, Little, Martinez, Ranzenhofer
14 and Seward.
15 Ayes, 54. Nays, 8.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1573, Senate Print 5891, by Senator Biaggi, an
20 act to amend the Elder Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day after it
25 shall have become a law.
6505
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1574, Senate Print 5925, by Senator Kaminsky, an
11 act to amend the Executive Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1575, Senate Print 5955, by Senator May, an act
6506
1 to authorize the City of Syracuse, in the County
2 of Onondaga, to offer an optional twenty-year
3 retirement plan to police officer Thomas R.
4 Nicolini.
5 ACTING PRESIDENT MAYER: There is a
6 home-rule message at the desk.
7 Read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1576, Senate Print 5956, by Senator May, an act
20 to authorize Morgan McDole, Baraaka J. Titus and
21 David Dunlap to elect to participate in the
22 optional twenty-year retirement plan for
23 firefighters.
24 ACTING PRESIDENT MAYER: There is a
25 home-rule message at the desk.
6507
1 Read the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1577, Senate Print 6010A, by Senator Hoylman, an
14 act relating to granting retroactive eligibility
15 to apply for enhanced Tier 3 status to former
16 New York City police officer Mark Rivera.
17 ACTING PRESIDENT MAYER: There is a
18 home-rule message at the desk.
19 Read the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
6508
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1578, Senate Print 6023, by Senator Serrano, an
7 act to amend the Social Services Law and the
8 Executive Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1579, Senate Print 6025, by Senator Gaughran, an
24 act to amend the Real Property Tax Law.
25 ACTING PRESIDENT MAYER: Read the
6509
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect April 1, 2020.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 1579, those Senators voting in
11 the negative are Senators Akshar, Amedore, Funke,
12 Gallivan, Griffo, Helming, Jacobs, Jordan, Lanza,
13 Little, O'Mara, Ortt, Serino, Seward and Tedisco.
14 Also Senator Ranzenhofer.
15 Ayes, 46. Nays, 16.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1580, Senate Print 6027, by Senator Gaughran, an
20 act to amend the Real Property Tax Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect April 1, 2020.
25 ACTING PRESIDENT MAYER: Call the
6510
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1580, those Senators voting in
7 the negative are Senators Akshar, Amedore, Funke,
8 Gallivan, Griffo, Helming, Jacobs, Jordan, Lanza,
9 Little, Ortt, Ranzenhofer, Serino, Seward and
10 Tedisco.
11 Ayes, 47. Nays, 15.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1581, Senate Print 6036, by Senator Savino, an
16 act directing the study of the use of blockchain
17 technology to protect voter records and election
18 results.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
6511
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1582, Senate Print 6202A, by Senator Savino, an
8 act to amend the Agriculture and Markets Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 6. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1582, those Senators voting in
20 the negative are Senators Akshar, Amedore,
21 Flanagan, Griffo, Jacobs, Lanza, LaValle, Little,
22 Ranzenhofer, Robach, Serino, Seward and Tedisco.
23 Ayes, 49. Nays, 13.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
6512
1 THE SECRETARY: Calendar Number
2 1583, Senate Print 6226, by Senator Felder, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day after it
8 shall have become a law.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1584, Senate Print 6277, by Senator Robach, an
19 act to amend the Correction Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
6513
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 There is a substitution at the desk.
8 The Secretary will read.
9 THE SECRETARY: Senator Krueger
10 moves to discharge, from the Committee on Rules,
11 Assembly Bill Number 8174 and substitute it for
12 the identical Senate Bill 6360, Third Reading
13 Calendar 1585.
14 ACTING PRESIDENT MAYER: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1585, Assembly Bill 8174, by Assemblymember
19 Buttenschon, an act to amend the Penal Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the same date and in the
24 same manner as a Chapter of the Laws of 2019.
25 ACTING PRESIDENT MAYER: Call the
6514
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Senator
4 Ortt to explain his vote.
5 SENATOR ORTT: Thank you,
6 Madam President.
7 I'm going to support this bill
8 because I think it addresses a real concern that
9 I've heard from my constituents, from school
10 districts in my Senate district that have
11 shooting teams, rifle teams.
12 It doesn't do anything to change the
13 rest of this original legislation that I voted
14 against and that I feel was a bad bill and
15 presented real constitutional concerns, which I
16 outlined in my initial debate with the sponsor.
17 However, this bill, as a stand-alone
18 bill, is a good bill. It increases access to
19 guns for young people who are on teams, and to
20 have access to them, and I think in that regard
21 it is a good bill. And for those reasons, I will
22 be supporting this legislation.
23 ACTING PRESIDENT MAYER: Senator
24 Ortt to be recorded in the affirmative.
25 Announce the results.
6515
1 THE SECRETARY: In relation to
2 Calendar Number 1585, voting in the negative:
3 Senator Martinez.
4 Ayes, 61. Nays, 1.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 There is a substitution at the desk.
8 The Secretary will read.
9 THE SECRETARY: Senator Kaplan
10 moves to discharge, from the Committee on Rules,
11 Assembly Bill Number 7557 and substitute it for
12 the identical Senate Bill 6481, Third Reading
13 Calendar 1586.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Calendar Number
17 1586, Assembly Print Number 7557, by
18 Assemblymember D'Urso, an act to amend Chapter 58
19 of the Laws of 2013.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 62.
6516
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1587, Senate Print 6545, by Senator Jackson, an
5 act to amend the Private Housing Finance Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1588, Senate Print 6549, by Senator Carlucci, an
20 act to amend the Labor Law.
21 ACTING PRESIDENT MAYER: Read the
22 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.
6517
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Senator
5 Carlucci to explain his vote.
6 SENATOR CARLUCCI: Madam President,
7 thank you. I just want to explain my vote
8 quickly.
9 Right now in New York State women
10 make up over half of the workforce, but yet are
11 still paid less than men for the same work, for
12 the same job. In fact, on average across the
13 nation, women make 80 cents to every dollar that
14 a man brings home. For women of color, those
15 numbers are even worse.
16 This legislation will ban the salary
17 history question, and it will be one of the
18 greatest things that we can do to close the wage
19 gap that currently exists in New York State.
20 There's a lot of things that we need
21 to do. This will be a giant step forward. Let's
22 allow New Yorkers to spend more time talking
23 about their qualities, their experience, their
24 education, the value that they'll bring to the
25 company, to the organization. Let's end the wage
6518
1 gap that exists in New York. This legislation
2 will help us do it.
3 I vote in the affirmative and want
4 to thank my colleagues for doing the same.
5 Thank you, Madam President.
6 ACTING PRESIDENT MAYER: Senator
7 Carlucci to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 1588, those Senators voting in
11 the negative are Senators Akshar, Amedore,
12 Flanagan, Funke, Gallivan, Griffo, Helming,
13 Jordan, Lanza, LaValle, O'Mara, Ortt,
14 Ranzenhofer, Ritchie, Robach, Savino, Serino,
15 Seward and Tedisco.
16 Ayes, 43. Nays, 19.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1589 is high and will be laid aside for the day.
21 Senator Gianaris, that completes the
22 reading of today's Supplemental Calendar B.
23 SENATOR GIANARIS: Can we now move
24 to the reading of Supplemental Calendar 58C.
25 ACTING PRESIDENT MAYER: The
6519
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1593, Senate Print 1555, by Senator Serrano, an
4 act to amend the Agriculture and Markets Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the first of January.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1593, those Senators voting in
16 the negative are Senators Amedore, Gallivan,
17 Helming, Jacobs, Jordan, O'Mara, Ortt, Ritchie,
18 Robach, Serino and Tedisco.
19 Ayes, 51. Nays, 11.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1594, Senate Print 1951, by Senator Bailey, an
24 act to amend the New York City Civil Court Act.
25 ACTING PRESIDENT MAYER: Read the
6520
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 180th day after it
4 shall have become a law.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar Number 1594, voting in the negative:
12 Senator Akshar.
13 Ayes, 61. Nays, 1.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1595, Senate Print 2162, by Senator Bailey, an
18 act to amend the Public Housing Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
6521
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1596, Senate Print 2184, by Senator Bailey, an
8 act to amend Economic Development Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 8. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Senator
17 Bailey to explain his vote.
18 SENATOR BAILEY: Thank you, Madam
19 President. I know that the hour is late, but I
20 just wanted to thank the leader for bringing this
21 to the floor.
22 I've been a proponent of
23 worker-owned businesses since my time in law
24 school, and I am a true believer that employee
25 ownership is the wave of economic development in
6522
1 the future. Employee ownership leads to higher
2 wages, more motivated employees, and is just
3 something that I believe can be a tool in our
4 economic development in our state, upstate and
5 downstate.
6 Creating an employee ownership
7 center in the State of New York is something that
8 many other states have done. Ohio has an
9 employee ownership center, Vermont has an
10 employee ownership center, and Colorado is in the
11 midst of creating one. I think with the new
12 businesses that we are hoping to create in this
13 state going forward, I think that it's important
14 for us to invest in our workers. And when we
15 invest in our workers, we invest in ourselves.
16 Organizations such as BCDI, Green
17 Worker Co-op, and so many other worker
18 cooperative organizations -- NYC NOWC, the
19 New York City Network of Worker Cooperatives, the
20 CUNY School of Law, where I received my legal
21 training about worker cooperatives and my
22 professor, Carmen Huertas, who helped me make
23 this a reality -- I'm trying to get under two
24 minutes, Madam President.
25 I am very excited about the
6523
1 opportunity for this bill to pass. I had a
2 chance to go to Spain and study worker
3 cooperatives in Mondragon, Spain, and you got to
4 see how an entire ecosystem of economic change
5 can happen due to worker ownership.
6 I am glad my colleagues are
7 supporting this, and I proudly vote aye,
8 Madam President.
9 ACTING PRESIDENT MAYER: Senator
10 Bailey to be quickly recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar Number 1596, voting in the negative:
14 Senator LaValle.
15 Ayes, 61. Nays, 1.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1597, Senate Print 2701, by Senator Kennedy, an
20 act to amend the Real Property Tax Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately on the 30th day
25 after it shall have become a law.
6524
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 There is a substitution at the desk.
10 The Secretary will read.
11 THE SECRETARY: Senator Krueger
12 moves to discharge, from the Committee on Rules,
13 Assembly Bill Number 264B and substitute it for
14 the identical Senate Bill Number 3171A, Third
15 Reading Calendar 1598.
16 ACTING PRESIDENT MAYER: The
17 substitution is so ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1598, Assembly Bill Number 264B, by
21 Assemblymember Cahill, an act to amend the
22 Finance Services Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
6525
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Senator
6 Harckham to explain his vote.
7 SENATOR HARCKHAM: Thank you,
8 Madam President.
9 I just want to quickly thank
10 Senator Krueger for her deft handling of this,
11 Senator Rivera for his involvement. And
12 certainly I would to thank our leader, Senator
13 Andrea Stewart-Cousins, for interceding.
14 This was a really challenging
15 confluence of events and competing stakeholders
16 that were colliding over a major medical center
17 in Westchester County. And through the personal
18 intervention of the Majority Leader and, as I
19 said, the deft handling by the sponsor and
20 several other Senators to bring the stakeholders
21 together to negotiate a settlement that all
22 parties could live with and work with and yet was
23 still good for patients and consumers in the long
24 run, this was, I think, a model of how
25 legislators should be working together.
6526
1 So I'm pleased to vote aye.
2 ACTING PRESIDENT MAYER: Senator,
3 uh, Harckham to be recorded in the affirmative.
4 I'm sorry, I'm getting tired, I apologize.
5 Announce the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1599, Senate Print 3561A, by Senator Kennedy, an
11 act to amend the State Finance Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1600, Senate Print 4414A, by Senator Kennedy, an
6527
1 act to amend the Highway Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect one year after it shall
6 have become a law.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1601, Senate Print 4610, by Senator Savino, an
17 act to amend the Religious Corporations Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 30th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
6528
1 ACTING PRESIDENT MAYER: Senator
2 Savino to explain her vote.
3 SENATOR SAVINO: Thank you,
4 Madam President.
5 I rise in support of this piece of
6 legislation. It's actually been -- I've
7 introduced this in the past. It's been kicking
8 around for several years, for a particular
9 reason.
10 The religious nonprofit cemeteries
11 are not supposed to be in the business of selling
12 monuments. We highly regulate the industry of
13 cemeteries and monument sales and plots because
14 we want to make sure that people are not taken
15 advantage of at the most vulnerable point in
16 their life.
17 Nonprofit entities can set up
18 for-profit entities to sell monuments. For
19 whatever reason, the archdiocese around the state
20 has decided not to do that. They have routinely
21 violated an agreement that they made with the
22 State of New York that they would not sell
23 monuments.
24 Monuments are sold by small
25 businesses in this state. They are highly
6529
1 regulated. There are 400 of them.
2 And so what we've said to the
3 Catholic Conference and to the Archdiocese and
4 the Buffalo Diocese: Do what you said you were
5 going to do years ago when you said you wanted no
6 part of this industry. If you want to be in this
7 industry, set up a for-profit arm, like other
8 nonprofits have, pay the sales tax to the State
9 of New York. But they have refused to do so, and
10 that's why we need to pass this piece of
11 legislation.
12 And I proudly vote in favor of this
13 legislation, as a Catholic, in spite of being
14 told by the Archdiocese that they're not happy
15 with my legislation. What they're doing is not
16 right, and what we're trying to do tonight is
17 correct a wrong.
18 Thank you, Madam President.
19 ACTING PRESIDENT MAYER: Senator
20 Savino to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1601, those Senators voting in
24 the negative are Senators Akshar, Amedore,
25 Antonacci, Brooks, Flanagan, Funke, Gaughran,
6530
1 Griffo, Harckham, Jacobs, Jordan, Krueger, Lanza,
2 LaValle, Martinez, O'Mara, Ortt, Ranzenhofer,
3 Ritchie, Robach, Serino, Seward and Tedisco.
4 Ayes, 39. Nays, 23.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1602, Senate Print 4664, by Senator Carlucci, an
9 act to establish the Toll Advisory Task Force,
10 and providing for the powers and duties thereof.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1602, those Senators voting in
22 the negative are Senators Antonacci, Flanagan,
23 Funke, Griffo, Helming, Jacobs, LaValle, Little,
24 O'Mara, Ortt, Ranzenhofer and Seward. Also
25 Senator Serino and Senator Jordan.
6531
1 Ayes, 48. Nays, 14.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1603, Senate Print 4711, by Senator Parker, an
6 act to amend the Domestic Relations Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect on the first of November.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 There is a substitution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator Ritchie
22 moves to discharge, from the Committee on Civil
23 Service and Pensions, Assembly Bill Number 6913
24 and substitute it for the identical Senate Bill
25 Number 4790, Third Reading Calendar 1604.
6532
1 ACTING PRESIDENT MAYER: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1604, Assembly Print Number 6913, by
6 Assemblymember Barclay, an act to authorize the
7 City of Oswego, in the County of Oswego, to offer
8 an optional twenty-year retirement plan to police
9 officer Zackary Quinones.
10 ACTING PRESIDENT MAYER: There is a
11 home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1605, Senate Print 5023, by Senator Parker, an
25 act to amend the Education Law.
6533
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect December 1, 2019.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 There is a substitution at the desk.
14 The Secretary will read.
15 THE SECRETARY: Senator Ritchie
16 moves to discharge, from the Committee on Rules,
17 Assembly Bill Number 7228 and substitute it for
18 the identical Senate Bill Number 5152, Third
19 Reading Calendar 1606.
20 ACTING PRESIDENT MAYER: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1606, Assembly Print Number 7228, by
25 Assemblymember Barclay, an act relating to
6534
1 legalizing, validating, ratifying and confirming
2 a transportation contract of the Fulton City
3 School District.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1608, Senate Print 5394A, by Senator Jackson, an
18 act to amend the Education Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of July.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
6535
1 ACTING PRESIDENT MAYER: Senator
2 Jackson to explain his vote.
3 SENATOR JACKSON: Thank you,
4 Madam President.
5 My colleagues, I rise in order to
6 communicate with you my sponsorship of this bill.
7 Parents have a right to opt their
8 children out of state testing. But few parents
9 know about it, and that's not -- and that's by
10 design.
11 The point of this bill is that we
12 should never be afraid of informing people about
13 their rights, especially as a forward-thinking
14 state. New York has not kept pace as a
15 progressive leader on this issue. Ten states,
16 including North Carolina and Utah, already have
17 laws affirming parents' rights to opt their
18 children out of state tests. I would like
19 New York to be number 11.
20 My office has received calls and
21 emails from parents all over the state telling us
22 that their children have been intimidated with
23 undue pressure from school administrators, as
24 these well-meaning administrators try to keep
25 their participation rate above the fabled
6536
1 95 percent rate. My chief of staff even fielded
2 one of these calls today.
3 These stories are heartbreaking
4 because the students most commonly pressured by
5 administrators against opting out are those with
6 special needs and English language learners whose
7 parents end up frustrated and confused about
8 their rights.
9 This bill mandates that schools
10 communicate to parents and guardians in neutral
11 language their right to opt children out of the
12 math and ELA tests for grades 3 and 8.
13 This bill is not anti-testing.
14 Plenty of literature supports the use of testing
15 as a helpful mechanism for understanding our
16 students' learning. This bill is about codifying
17 rights and making sure that parents and guardians
18 who have those rights are informed about them.
19 It's insidious that these rights are out there
20 for us, and the powers that be are hiding them.
21 I want to thank the advocates who
22 have fought back and informed parents and
23 guardians of their rights, opt-out grassroots
24 groups across the state, advocates of all
25 stripes, and even the New York State
6537
1 United Teachers.
2 I hope that you can hear the call
3 and support this bill with your vote. I hope
4 you'll join me in voting aye.
5 ACTING PRESIDENT MAYER: Senator
6 Jackson to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 1608, those Senators voting in
10 the negative are Senators Funke, Little, Martinez
11 and Montgomery.
12 Ayes, 58. Nays, 4.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 There is a substitution at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator Skoufis
18 moves to discharge, from the Committee on Rules,
19 Assembly Bill Number 2050 and substitute it for
20 the identical Senate Bill 5547, Third Reading
21 Calendar 1609.
22 ACTING PRESIDENT MAYER: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
6538
1 1609, Assembly Print Number 2050, by
2 Assemblymember Gunther, an act to amend the
3 Environmental Conservation Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1609, voting in the negative:
15 Senator Martinez.
16 Ayes, 61. Nays, 1.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 There is a substitution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator Martinez
22 moves to discharge, from the Committee on
23 Local Government, Assembly Bill Number 1606 and
24 substitute it for the identical Senate Bill 5609,
25 Third Reading Calendar 1610.
6539
1 ACTING PRESIDENT MAYER: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1610, Assembly Print 1606, by Assemblymember
6 Hunter, an act to amend the General Municipal Law
7 and the Public Authorities Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1611, Senate Print 6000A, by Senator Rivera, an
22 act to amend the Public Health Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 5. This
6540
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1611, voting in the negative:
9 Senator Lanza.
10 Ayes, 61. Nays, 1.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1612, Senate Print 6048, by Senator Breslin, an
15 act to amend the State Finance Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the 90th day after it
20 shall have become a law.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
6541
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1613, Senate Print 6110A, by Senator Savino, an
6 act to amend the Retirement and Social Security
7 Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1614, Senate Print 6201, by Senator O'Mara, an
22 act in relation to legalizing, validating,
23 ratifying and confirming certain transportation
24 contracts of the Corning City School District.
25 ACTING PRESIDENT MAYER: Read the
6542
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1615, Senate Print 6206B, by Senator LaValle, an
14 act authorizing the alienation of certain
15 parklands in the Town of Southampton, County of
16 Suffolk.
17 ACTING PRESIDENT MAYER: There is a
18 home-rule message at the desk.
19 Read the last section.
20 THE SECRETARY: Section 7. This
21 act shall take effect immediately.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 62.
6543
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1616, Senate Print Number 6228A, by Senator
5 Stewart-Cousins, an act to authorize the
6 Commissioner of General Services to transfer and
7 convey certain state land to the City of
8 New Rochelle.
9 ACTING PRESIDENT MAYER: There is a
10 home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 6. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1616, voting in the negative:
21 Senator O'Mara.
22 Ayes, 61. Nays, 1.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
6544
1 1617, Senate Print 6250A, by Senator Ramos, an
2 act to amend Chapter 450 of the Laws of 2017.
3 ACTING PRESIDENT MAYER: There is a
4 home-rule message at the desk.
5 Read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1618, Senate Print 6291, by Senator LaValle, an
18 act authorizing the alienation of certain
19 parklands in the Town of East Hampton, County of
20 Suffolk.
21 ACTING PRESIDENT MAYER: There is a
22 home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect immediately.
6545
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1619, Senate Print 6292, by Senator LaValle, an
11 act to authorize the Town of Brookhaven, County
12 of Suffolk, to alienate certain parklands and to
13 dedicate other lands as parklands.
14 ACTING PRESIDENT MAYER: There is a
15 home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 7. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT MAYER: The bill
6546
1 is passed.
2 THE SECRETARY: Calendar Number
3 1620, Senate Print Number 6312A, by
4 Senator Kavanagh, an act to authorize the City of
5 New York to discontinue the use as parkland of a
6 portion of real property in the County of
7 New York.
8 ACTING PRESIDENT MAYER: There is a
9 home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 7. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1621, Senate Print 6340, by Senator O'Mara, an
23 act to authorize the board of supervisors of
24 Tompkins County to contract with certain entities
25 for the development, maintenance or management of
6547
1 affordable housing.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Gallivan
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 5442 and substitute it for
19 the identical Senate Bill 6365, Third Reading
20 Calendar 1623.
21 ACTING PRESIDENT MAYER: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1623, Assembly Print Number 5442, by
6548
1 Assemblymember Goodell, an act to legalize,
2 validate, ratify and confirm the actions of the
3 Panama Central School District.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1625, Senate Print 6382, by Senator Ranzenhofer,
18 an act granting retroactive Tier 3 membership in
19 the New York State and Local Employees' Retirement
20 System to Steven R. Grice.
21 ACTING PRESIDENT MAYER: There is a
22 home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
6549
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1626, Senate Print 6394, by Senator Carlucci, an
11 act to amend the Social Services Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 There is a substitution at the desk.
25 The Secretary will read.
6550
1 THE SECRETARY: Senator Serrano
2 moves to discharge, from the Committee on Rules,
3 Assembly Bill Number 8136 and substitute it for
4 the identical Senate Bill Number 6398, Third
5 Reading Calendar 1627.
6 ACTING PRESIDENT MAYER: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1627, Assembly Print Number 8136, by
11 Assemblymember Englebright, an act to implement a
12 constitutional amendment authorizing the
13 placement of public utility lines and bike paths
14 in the Forest Preserve and establishing a health
15 and safety land account.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 62.
6551
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1628, Senate Print 6402, by Senator Montgomery,
5 an act to amend the Penal Law and the Criminal
6 Procedure Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1630, Senate Print 6423, by Senator Montgomery,
21 an act to amend the Family Court Act and the
22 Domestic Relations Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 6. This
6552
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1631, Senate Print 6437, by Senator Sepúlveda, an
12 act to amend the New York City Charter, the
13 Mental Hygiene Law, and the Public Health Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
6553
1 THE SECRETARY: Calendar Number
2 1632, Senate Print 6438, by Senator Gianaris, an
3 act to amend the Judiciary Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect January 1, 2020.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 There is a substitution at the desk.
17 The Secretary will read.
18 THE SECRETARY: Senator Persaud
19 moves to discharge, from the Committee on Rules,
20 Assembly Bill Number 6753A and substitute it for
21 the identical Senate Bill Number 6443, Third
22 Reading Calendar 1633.
23 ACTING PRESIDENT MAYER: The
24 substitution is so ordered.
25 The Secretary will read.
6554
1 THE SECRETARY: Calendar Number
2 1633, Assembly Print Number 6753A, by
3 Assemblymember Eichenstein, an act to amend the
4 Social Services Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1634, Senate Print 6451, by Senator Benjamin, an
19 act to amend the Alcoholic Beverage Control Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
6555
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar Number 1634, voting in the negative:
6 Senator LaValle.
7 Ayes, 61. Nays, 1.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 There is a substitution at the desk.
11 The Secretary will read.
12 THE SECRETARY: Senator Martinez
13 moves to discharge, from the Committee on Rules,
14 Assembly Bill Number 4912 and substitute it for
15 the identical Senate Bill 6460, Third Reading
16 Calendar 1636.
17 ACTING PRESIDENT MAYER: The
18 substitution is so ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1636, Assembly Print Number 4912, by
22 Assemblymember Garbarino, an act in relation to
23 permitting the Unitarian Universalist
24 Congregation of the Great South Bay Sayville to
25 file an application for a real property tax
6556
1 exemption.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1636, voting in the negative:
13 Senator Antonacci.
14 Ayes, 61. Nays, 1.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1637, Senate Print 6462, by Senator
19 Stewart-Cousins, an act to amend the Alcoholic
20 Beverage Control Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
6557
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1637, voting in the negative:
7 Senator LaValle.
8 Ayes, 61. Nays, 1.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1638, Senate Print 6476, by Senator Benjamin, an
13 act to amend Chapter 538 of the Laws of 2013.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
6558
1 THE SECRETARY: Calendar Number
2 1639, Senate Print 6483, by Senator Brooks, an
3 act to amend the Military Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 There is a substitution at the desk.
17 The Secretary will read.
18 THE SECRETARY: Senator Rivera
19 moves to discharge, from the Committee on Rules,
20 Assembly Bill Number 8053 and substitute it for
21 the identical Senate Bill Number 6485, Third
22 Reading Calendar 1640.
23 ACTING PRESIDENT MAYER: The
24 substitution is so ordered.
25 The Secretary will read.
6559
1 THE SECRETARY: Calendar Number
2 1640, Assembly Print Number 8053, by
3 Assemblymember Reyes, an act to amend Chapter 2
4 of the Laws of 1998.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 There is a substitution at the desk.
18 The Secretary will read.
19 THE SECRETARY: Senator Myrie moves
20 to discharge, from the Committee on Rules,
21 Assembly Bill Number 8014 and substitute it for
22 the identical Senate Bill Number 6486, Third
23 Reading Calendar 1641.
24 ACTING PRESIDENT MAYER: The
25 substitution is so ordered.
6560
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1641, Assembly Print Number 8014, by
4 Assemblymember Richardson, an act to amend the
5 Mental Hygiene Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1642, Senate Print 6492, by Senator Rivera, an
20 act to amend the Public Health Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
6561
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1643, Senate Print Number 6493, by Senator
10 Stewart-Cousins, an act to amend the Vehicle and
11 Traffic Law.
12 ACTING PRESIDENT MAYER: There is a
13 home-rule message at the desk.
14 Read the last section.
15 THE SECRETARY: Section 9. This
16 act shall take effect on the 30th day after it
17 shall have become a law.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
6562
1 THE SECRETARY: Calendar Number
2 1644, Senate Print 6494, by Senator Mayer, an act
3 to amend Chapter 498 of the Laws of 2017.
4 SENATOR GIANARIS: Lay it aside for
5 the day.
6 ACTING PRESIDENT MAYER: The bill
7 is laid aside for the day.
8 THE SECRETARY: Calendar Number
9 1645, Senate Print 6497A, by Senator Kavanagh, an
10 act to amend the Real Property Tax Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1646, Senate Print 6503, by Senator Martinez, an
25 act in relation to authorizing Christian Worship
6563
1 Center Church of God to file an application for
2 exemption from real property taxes for a certain
3 assessment roll.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1646, voting in the negative:
15 Senator Antonacci.
16 Ayes, 61. Nays, 1.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1647, Senate Print 6504, by Senator Flanagan, an
21 act authorizing the Saint Paraskevi Greek
22 Orthodox Shrine Church to file an application for
23 a real property tax exemption.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
6564
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar Number 1647, voting in the negative:
10 Senator Antonacci.
11 Ayes, 61. Nays, 1.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1648, Senate Print 6517, by Senator Stavisky, an
16 act to amend the Education Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect 18 months after it shall
21 have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
6565
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1649, Senate Print 6518, by Senator O'Mara, an
7 act to amend the Highway Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 There is a substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator O'Mara
23 moves to discharge, from the Committee on
24 Transportation, Assembly Bill Number 5563 and
25 substitute it for the identical Senate Bill
6566
1 Number 6528, Third Reading Calendar 1652.
2 ACTING PRESIDENT MAYER: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1652, Assembly Print Number 5563, by
7 Assemblymember Goodell, an act to amend the
8 Highway Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1653, Senate Print 6529, by Senator Rivera, an
23 act to amend the Public Health Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
6567
1 THE SECRETARY: Section 2. This
2 act shall take effect on the same date and in the
3 same manner as a chapter of the Laws of 2019.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1655, Senate Print 6547, by Senator Breslin, an
14 act to amend the Insurance Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT MAYER: The bill
6568
1 is passed.
2 THE SECRETARY: Calendar Number
3 1672, Senate Print 5908, by Senator Rivera, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 6. This
8 act shall take effect on the 120th day after it
9 shall have become a law.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 Senator Gianaris, that completes the
19 reading of today's Supplemental Calendar C.
20 SENATOR GIANARIS: Madam President,
21 I have a few motions before we wrap up.
22 On behalf of Senator Benjamin, I
23 wish to call up Senate Print 1130A, recalled from
24 the Assembly, which is now at the desk.
25 ACTING PRESIDENT MAYER: The
6569
1 Secretary will read.
2 THE SECRETARY: Calendar Number 67,
3 Senate Print 1130A, by Senator Benjamin, an act
4 to amend the Alcoholic Beverage Control Law.
5 SENATOR GIANARIS: Move to
6 reconsider the vote by which the bill was passed.
7 ACTING PRESIDENT MAYER: The
8 Secretary will call the roll on reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAYER: The bill
12 is restored to its place on the Third Reading
13 Calendar.
14 SENATOR GIANARIS: On behalf of
15 Senator Carlucci, I wish to call up Senate 4467A,
16 recalled from the Assembly, which is now at the
17 desk.
18 ACTING PRESIDENT MAYER: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 300, Senate Print 4467A, by Senator Carlucci, an
22 act to establish a Black Youth Suicide Prevention
23 Task Force.
24 SENATOR GIANARIS: Move to
25 reconsider the vote by which the bill was passed.
6570
1 ACTING PRESIDENT MAYER: The
2 Secretary will call the roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MAYER: The bill
6 is restored to its place on the Third Reading
7 Calendar.
8 SENATOR GIANARIS: I offer the
9 following amendments.
10 ACTING PRESIDENT MAYER: The
11 amendments are received.
12 SENATOR GIANARIS: On behalf of
13 Senator Bailey, I offer the following amendments
14 to Calendar Number 628, Senate Print 4980, and
15 ask that said bill retain its place on the Third
16 Reading Calendar.
17 ACTING PRESIDENT MAYER: The
18 amendments are received, and the bill will retain
19 its place on the Third Reading Calendar.
20 SENATOR GIANARIS: On behalf of
21 Senator Benjamin, I move to recommit Senate Print
22 1130A, Calendar Number 67 on the order of third
23 reading, to the Committee on Environmental
24 Conservation, with instructions to said committee
25 to strike the enacting clause.
6571
1 ACTING PRESIDENT MAYER: It is so
2 ordered.
3 SENATOR GIANARIS: Please recognize
4 Senator Griffo.
5 ACTING PRESIDENT MAYER: Senator
6 Griffo.
7 SENATOR GRIFFO: Madam President,
8 on behalf of Senator Lanza, I move to recommit
9 Senate Print 2643A, Calendar 322 on order of
10 third reading, to the Committee on Investigations
11 and Government Operations, with instructions to
12 said committee to strike the enacting clause.
13 ACTING PRESIDENT MAYER: It is so
14 ordered.
15 SENATOR GIANARIS: Madam President,
16 Leader Stewart-Cousins hands up the following
17 committee assignments.
18 ACTING PRESIDENT MAYER: The
19 hand-ups are received and filed.
20 SENATOR GIANARIS: Is there any
21 further business at the desk?
22 ACTING PRESIDENT MAYER: There is
23 no further business at the desk.
24 SENATOR GIANARIS: I move to
25 adjourn until today --
6572
1 (Laughter.)
2 SENATOR GIANARIS: -- Wednesday,
3 June 19th, at 11:00 a.m.
4 ACTING PRESIDENT MAYER: On motion,
5 the Senate stands adjourned until today,
6 Wednesday, June 19th, at 11:00 a.m.
7 (Whereupon, at 1:56 a.m., the Senate
8 adjourned.)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25