Regular Session - January 13, 2020

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 13, 2020

11                      3:17 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

 9   absence of clergy, let us bow our heads in a 

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Sunday, 

16   January 12, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Saturday, 

18   January 11, 2020, was read and approved.  On 

19   motion, Senate adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               128

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.  

 4                Motions and resolutions.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Thank you, 

 7   Mr. President.

 8                I move that the following bills be 

 9   discharged from their respective committees and 

10   recommitted with instructions to strike the 

11   enacting clause:  Senate Bill 3660, by 

12   Senator Gounardes; and Senate Bills 13, 226, 235, 

13   2001, 3116 and 3293, by Senator Hoylman.

14                ACTING PRESIDENT BENJAMIN:   It is 

15   so ordered.

16                SENATOR GIANARIS:   Please call on 

17   Senator Griffo.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Griffo.

20                SENATOR GRIFFO:   Thank you, 

21   Mr. President.  

22                I also move that the following bills 

23   be discharged from their respective committees 

24   and recommitted with instructions to strike the 

25   enacting clause:  Senate Bills 6392 and 6518, by 


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 1   Senator O'Mara, and Senate Bill 155A, by 

 2   Senator Helming.

 3                ACTING PRESIDENT BENJAMIN:   It is 

 4   so ordered.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Can we now take 

 7   up the reading of the calendar.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 13, 

11   Senate Print 6934, by Senator Stewart-Cousins, an 

12   act to amend a chapter of the Laws of 2019.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the same date and in the 

17   same manner as a chapter of the Laws of 2019.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 51.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


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 1                THE SECRETARY:   Calendar Number 15, 

 2   Senate Print 6936, by Senator Parker, an act to 

 3   amend the Public Service Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the same date and in the 

 8   same manner as a chapter of the Laws of 2019.

 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 15, those Senators voting in the 

16   negative are Senators Akshar, Helming, Ortt, 

17   Ranzenhofer and Seward.  

18                Ayes, 46.  Nays, 5.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 16, 

22   Senate Print 6937, by Senator Salazar, an act to 

23   amend the Public Buildings Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


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 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 BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 50.  Nays, 1.  

10   Senator Ortt recorded in the negative.  

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 19, 

14   Senate Print 6940, by Senator Kaminsky, an act to 

15   amend the Environmental Conservation Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect on the same date and in the 

20   same manner as a chapter of the Laws of 2019.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


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 1                THE SECRETARY:   Ayes, 51.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 24, 

 5   Senate Print 6945, by Senator Kaplan, an act to 

 6   amend the Executive Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the same date and in the 

11   same manner as a chapter of the Laws of 2019.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:   

16   Announce the results.

17                THE SECRETARY:   Ayes, 51.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 26, 

21   Senate Print 6947, by Senator Bailey, an act to 

22   amend the General Business Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               133

 1   act shall take effect on the same date and in the 

 2   same manner as a chapter of the Laws of 2019.

 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, 51.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 28, 

12   Senate Print 6949, by Senator Kavanagh, an act to 

13   amend the Private Housing Finance Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the same date and in the 

18   same manner as a chapter of the Laws of 2019.

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 28, those Senators recorded in 


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 1   the negative are Senators Boyle, Flanagan, 

 2   Helming and Ortt.  

 3                Ayes, 47.  Nays, 4.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 34, 

 7   Senate Print 6955, by Senator Kennedy, an act to 

 8   amend the Environmental Conservation Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect 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:    

18   Announce the results.

19                THE SECRETARY:   Ayes, 54.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 41, 

23   Senate Print 6962, by Senator Gaughran, an act to 

24   amend the General Municipal Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


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 1   the last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect on the same date and in the 

 4   same manner as a chapter of the Laws of 2019.

 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, 54.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 43, 

14   Senate Print 6964, by Senator Serrano, an act to 

15   amend a chapter of the Laws of 2019 amending the 

16   Tax Law and the State Finance Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the same date and in the 

21   same manner as a chapter of the Laws of 2019.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


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 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 43, those Senators voting in the 

 4   negative are Senators O'Mara and Ortt.

 5                Ayes, 52.  Nays, 2.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                Senator Gianaris, that completes the 

 9   reading of today's calendar.

10                SENATOR GIANARIS:   Mr. President, 

11   there will be an immediate meeting of the Rules 

12   Committee in Room 332.

13                ACTING PRESIDENT BENJAMIN:   There 

14   will be an immediate meeting of the Rules 

15   Committee in Room 332.

16                SENATOR GIANARIS:   Mr. President, 

17   the Senate stands at ease.

18                ACTING PRESIDENT BENJAMIN:   The 

19   Senate will stand at ease.

20                (Whereupon, the Senate stood at ease 

21   at 3:24 p.m.)

22                (Whereupon, the Senate reconvened at 

23   3:43 p.m.)

24                ACTING PRESIDENT BENJAMIN:   The 

25   Senate will return to order.  


                                                               137

 1                Senator Gianaris.

 2                SENATOR GIANARIS:   Thank you, 

 3   Mr. President.  

 4                Can you please recognize 

 5   Senator Breslin for purposes of an introduction.

 6                ACTING PRESIDENT BENJAMIN:    

 7   Senator Breslin.

 8                SENATOR BRESLIN:   Thank you, 

 9   Mr. President.  

10                We are privileged today to have the 

11   University at Albany Women's Basketball Team 

12   upstairs to my left, who have a great tradition.  

13   They're joined by the athletic director, 

14   Mark Benson, and the assistant athletic director, 

15   Cara White, and their coach, Colleen Mullen, 

16   who's done a great job.  

17                They're off to a fast start, and I 

18   expect that I'll see each one of you here, first 

19   after a league championship and then after the 

20   NCAA Invitation and great play.  

21                It's great to have you here.  Come 

22   back soon again.  I hope you get a taste of what 

23   the Legislature is about.  And I'll be back out 

24   to see you play to make sure that the NCAA is 

25   right in front of us.  Thanks, ladies. 


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 1                (Standing ovation.)

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Gianaris.

 4                SENATOR GIANARIS:   Can we please 

 5   return to reports of standing committees.  

 6                I believe there's a report of the 

 7   Rules Committee at the desk.

 8                ACTING PRESIDENT BENJAMIN:   There 

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

10                The Secretary will read.

11                THE SECRETARY:   Senator 

12   Stewart-Cousins, from the Committee on Rules, 

13   reports the following bills:  

14                Senate Print 6185B, by Senator May, 

15   an act to amend the Transportation Law; 

16                Senate Print 6186B, by 

17   Senator Metzger, an act to amend the Vehicle and 

18   Traffic Law; 

19                Senate Print 6187C, by 

20   Senator Gaughran, an act to amend the Vehicle and 

21   Traffic Law; 

22                Senate Print 6188B, by 

23   Senator Gaughran, an act to amend the Vehicle and 

24   Traffic Law; 

25                Senate Print 6189C, by 


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 1   Senator Kaplan, an act to establish the Stretch 

 2   Limousine Passenger Safety Task Force; 

 3                Senate Print 6191C, by 

 4   Senator Kennedy, an act to amend the Vehicle and 

 5   Traffic Law; 

 6                Senate Print 6192A, by Senator 

 7   Kennedy, an act to amend the Transportation Law 

 8   and the Vehicle and Traffic Law; 

 9                Senate Print 6193C, by Senator 

10   Kennedy, an act to amend the Transportation Law; 

11                Senate Print 6604B, by 

12   Senator Sanders, an act to amend the Vehicle and 

13   Traffic Law and the Transportation Law; 

14                Senate Print 7134, by 

15   Senator Hoylman, an act to amend the Vehicle and 

16   Traffic Law; 

17                Senate Print 7160, by 

18   Senator Jackson, an act to amend the Tax Law; 

19                Senate Print 7161, by 

20   Senator Hoylman, an act to amend the Public 

21   Health Law and the Executive Law; 

22                Senate Print 7162, by Senator May, 

23   an act to amend the Tax Law and the Alcoholic 

24   Beverage Control Law; 

25                Senate Print 7163, by Senator May, 


                                                               140

 1   an act to amend the Correction Law; 

 2                Senate Print 7164, by Senator Mayer, 

 3   an act to amend a chapter of the Laws of 2019;

 4                Senate Print 7165, by 

 5   Senator Jackson, an act to amend the Energy Law; 

 6                Senate Print 7166, by 

 7   Senator Sanders, an act to amend the Tax Law; 

 8                Senate Print 7167, by 

 9   Senator Hoylman, an act to amend the General 

10   Business Law and the General Municipal Law; 

11                Senate Print 7168, by Senator 

12   Parker, an act to amend the Executive Law; 

13                Senate Print 7169, by 

14   Senator Benjamin, an act to amend the 

15   General Business Law; 

16                Senate Print 7170, by Senator 

17   Brooks, an act to amend the Military Law; 

18                Senate Print 7171, by Senator 

19   Brooks, an act to amend the Executive Law; 

20                Senate Print 7172, by 

21   Senator Rivera, an act to direct the Department 

22   of Health to convene a work group on rare 

23   diseases; 

24                Senate Print 7173, by 

25   Senator Rivera, an act to amend the Public Health 


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 1   Law; 

 2                Senate Print 7174, by 

 3   Senator Persaud, an act to amend the Social 

 4   Services Law; 

 5                Senate Print 7175, by 

 6   Senator Montgomery, an act to amend the Public 

 7   Health Law; 

 8                Senate Print 7176, by Senator May, 

 9   an act to amend the Elder Law; 

10                Senate Print 7177, by 

11   Senator Martinez, an act to amend the 

12   Environmental Conservation Law; 

13                Senate Print 7178, by Senator 

14   Comrie, an act to amend the Election Law; 

15                Senate Print 7179, by 

16   Senator Parker, an act to amend a chapter of the 

17   Laws of 2019; 

18                Senate Print 7180, by 

19   Senator Kaplan, an act to amend a chapter of the 

20   Laws of 2019;

21                Senate Print 7181, by 

22   Senator Breslin, an act to amend the Financial 

23   Services Law; 

24                Senate Print 7182, by Senator 

25   SepĂșlveda, an act to amend the Correction Law; 


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 1                Senate Print 7183, by 

 2   Senator Kaplan, an act to amend the State 

 3   Administrative Procedure Act; 

 4                Senate Print 7184, by Senator 

 5   Gounardes, an act to amend the Real Property Law; 

 6                Senate Print 7185, by Senator 

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

 8                Senate Print 7186, by 

 9   Senator Kaplan, an act to amend the Alcoholic 

10   Beverage Control Law; 

11                Senate Print 7187, by 

12   Senator Kaplan, an act to amend the Real Property 

13   Tax Law; 

14                Senate Print 7188, by Senator 

15   Kaplan, an act to amend the Executive Law; 

16                Senate Print 7189, by 

17   Senator Sanders, an act to amend the 

18   Environmental Conservation Law; 

19                Senate Print 7190, by 

20   Senator Rivera, an act to amend the Social 

21   Services Law;

22                Senate Print 7191, by Senator 

23   Harckham, an act to amend the Lien Law; 

24                Senate Print 7192, by Senator 

25   Salazar, an act to amend the Public Health Law; 


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 1                Senate Print 7193, by 

 2   Senator Kaplan, an act to amend the Executive 

 3   Law; 

 4                Senate Print 7194, by Senator 

 5   Benjamin, an act to amend the Election Law;

 6                Senate Print 7195, by 

 7   Senator Krueger, an act to amend a chapter of the 

 8   Laws of 2019; 

 9                Senate Print 7196, by Senator Mayer, 

10   an act to amend the Election Law; and 

11                Senate Print 7197, by Senator 

12   Metzger, an act to amend the Labor Law.

13                All bills reported direct to third 

14   reading.

15                SENATOR GIANARIS:   Move to accept 

16   the report of the Rules Committee.

17                ACTING PRESIDENT BENJAMIN:   All in 

18   favor of accepting the report of the Rules 

19   Committee signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT BENJAMIN:   

22   Opposed, nay.  

23                (No response.)

24                ACTING PRESIDENT BENJAMIN:   The 

25   Rules Committee report is accepted.


                                                               144

 1                Senator Gianaris.

 2                SENATOR GIANARIS:   Is there any 

 3   further business at the desk?

 4                ACTING PRESIDENT BENJAMIN:   There 

 5   is no further business before the desk.

 6                SENATOR GIANARIS:   I move to 

 7   adjourn until tomorrow, Tuesday, January 14th, at 

 8   3:00 p.m.

 9                ACTING PRESIDENT BENJAMIN:   On 

10   motion, the Senate stands adjourned until 

11   Tuesday, January 14th, at 3:00 p.m.

12                (Whereupon, at 3:48 p.m., the Senate 

13   adjourned.)

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