Regular Session - January 14, 2020

                                                                   145

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 14, 2020

11                      3:25 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  

19  SENATOR BRIAN A. BENJAMIN, Acting President

20  ALEJANDRA N. PAULINO, ESQ., Secretary

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, Monday, 

16   January 13, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, January 12, 

18   2020, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   Senator May moves 


                                                               147

 1   to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 8214B and substitute it for 

 3   the identical Senate Bill 6185B, Third Reading 

 4   Calendar 74.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Metzger 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 712A and substitute it for 

10   the identical Senate Bill 6186B, Third Reading 

11   Calendar 75.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Gaughran 

15   moves to discharge, from the Committee on Rules, 

16   Assembly Bill Number 9058 and substitute it for 

17   the identical Senate Bill 6187C, Third Reading 

18   Calendar 76.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator Gaughran 

22   moves to discharge, from the Committee on Rules, 

23   Assembly Bill Number 8172B and substitute it for 

24   the identical Senate Bill 6188B, Third Reading 

25   Calendar 77.


                                                               148

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                THE SECRETARY:   Senator Kaplan 

 4   moves to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 1316C and substitute it for 

 6   the identical Senate Bill 6189C, Third Reading 

 7   Calendar 78.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   substitution is so ordered.

10                THE SECRETARY:   Senator Kennedy 

11   moves to discharge, from the Committee on Rules, 

12   Assembly Bill Number 9057 and substitute it for 

13   the identical Senate Bill 6191C, Third Reading 

14   Calendar 79.

15                ACTING PRESIDENT BENJAMIN:   The 

16   substitution is so ordered.

17                THE SECRETARY:   Senator Kennedy 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 8474A and substitute it for 

20   the identical Senate Bill 6192A, Third Reading 

21   Calendar 80.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                THE SECRETARY:   Senator Kennedy 

25   moves to discharge, from the Committee on Rules, 


                                                               149

 1   Assembly Bill Number 9056 and substitute it for 

 2   the identical Senate Bill 6193C, Third Reading 

 3   Calendar 81.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   substitution is so ordered.

 6                THE SECRETARY:   Senator Sanders 

 7   moves to discharge, from the Committee on Rules, 

 8   Assembly Bill Number 9059 and substitute it for 

 9   the identical Senate Bill 6604B, Third Reading 

10   Calendar 82.

11                ACTING PRESIDENT BENJAMIN:   The 

12   substitution is so ordered.

13                THE SECRETARY:   Senator Hoylman 

14   moves to discharge, from the Committee on Rules, 

15   Assembly Bill Number 8990 and substitute it for 

16   the identical Senate Bill 7134, Third Reading 

17   Calendar 83.

18                ACTING PRESIDENT BENJAMIN:   The 

19   substitution is so ordered.

20                Messages from the Governor.

21                Reports of standing committees.

22                Reports of select committees.

23                Communications and reports from 

24   state officers.  

25                Motions and resolutions.


                                                               150

 1                Senator Gianaris.

 2                SENATOR GIANARIS:   Mr. President, I 

 3   move to adopt the Resolution Calendar, with the 

 4   exception of Resolution 2267, please.

 5                ACTING PRESIDENT BENJAMIN:   All in 

 6   favor of adopting the Resolution Calendar, with 

 7   the exception of Resolution 2267, please signify 

 8   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 you please 

17   recognize Senator Kaminsky for an introduction.

18                ACTING PRESIDENT BENJAMIN:    

19   Senator Kaminsky for an introduction.

20                SENATOR KAMINSKY:   Thank you, 

21   Mr. President.  I have the privilege today to 

22   introduce to you and to the Senate body a very 

23   important organization doing work by a very 

24   special family.  

25                I'm here today to recognize the 


                                                               151

 1   O'Shea family.  Last year they suffered the 

 2   unimaginable loss of their son Ryan Patrick, who 

 3   took his own life.  But instead of cursing the 

 4   darkness, they've lit a candle and, in his name, 

 5   have started a foundation that has done 

 6   tremendous work to raise awareness of mental 

 7   health and to begin an important conversation 

 8   about suicide, about how families should talk 

 9   about it, recognize it, and take mental health 

10   out of the stigma out of which it's associated.  

11                In their community of Rockville 

12   Centre, they are leaders, and it is no surprise 

13   that their son Ryan Patrick was a leader, a star 

14   basketball and track player, loved by everyone.  

15   But he suffered, unimaginably so.  And their work 

16   in his honor, in his name, has already changed a 

17   community.  It will continue to change other 

18   communities.  

19                And their work will continue to go 

20   on, with our support, because it must, because we 

21   must take this conversation out of the shadows 

22   and bring it into the light.  And today it's 

23   important that we all recognize the work they're 

24   doing and in our own capacities carry it forward, 

25   as we must.


                                                               152

 1                Thank you for your leadership.  Your 

 2   sacrifice will always be recognized by us.  But 

 3   together we can work so that it is not in vain 

 4   and so that other families will get the benefit 

 5   of so much of your heart and goodness.  We are 

 6   with you.  We will stand together with you.  And 

 7   on behalf of Assemblywoman Judy Griffin, who's 

 8   here, together there is much more work to do.  

 9                Thank you so much.  

10                Mr. President, please welcome them 

11   to the Senate.

12                ACTING PRESIDENT BENJAMIN:   To our 

13   guests from the O'Shea family, I welcome you on 

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

15   courtesies and privileges of this house.  Please 

16   rise and be recognized.

17                (Standing ovation.)

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Gianaris.

20                SENATOR GIANARIS:   Can we now take 

21   up the reading of the calendar, please.

22                ACTING PRESIDENT BENJAMIN:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 74, 

25   Assembly Print 8214B, substituted earlier by 


                                                               153

 1   Assemblymember Santabarbara, an act to amend the 

 2   Transportation Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect one year after it shall 

 7   have become a law.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Kennedy to explain his vote.

13                SENATOR KENNEDY:   Thank you, 

14   Mr. President.

15                I'd like to start by acknowledging 

16   the 24 people we lost in the limousine crashes in 

17   Schoharie, last October 2018, and in Cutchogue in 

18   2015.

19                I'd like to request that my 

20   colleagues please stand and join me as we have a 

21   moment of silence for those were lost.

22                (Whereupon, the assemblage rose and 

23   respected a moment of silence.)

24                SENATOR KENNEDY:   Thank you, 

25   Mr. President.  


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 1                Many of their families have joined 

 2   us here today, are right here in the gallery.  

 3   I'd like to recognize those that are with us.  We 

 4   have Linda King, who lost her four daughters --   

 5   Amy, Allison, Abigail and Mary -- and three 

 6   sons-in-law.  Bethany Nacco, Linda's 

 7   daughter-in-law.  Jamison Ott-Carpentar, the best 

 8   friend of the four King daughters.  

 9                Janet Steenburg, who lost her sons 

10   Richard and Axel, and Richard's wife, Kim 

11   Steenburg.  

12                Lynne Semprivivo, who lost her 

13   daughter Erin.  Sheila McGarvey, who lost her son 

14   Shane.  Jill Richardson Perez, who lost her son 

15   Matthew.  Donna Rivenburg, who lost her daughter 

16   Amanda.  Mindy Grabina, who lost her daughter 

17   Amy.  

18                And, finally, we have Kevin, Sue and 

19   Hanna Cushing, who lost Patrick, who was one of 

20   our own, part of our Senate family, working right 

21   here in the IT department in the Senate.  

22                Thank you for joining us here today.

23                All of these families have channeled 

24   their grief into advocacy, and today we are 

25   passing legislation to ensure that no other 


                                                               155

 1   family has to experience the heartbreak that 

 2   they've experienced.  Today the Senate passes 

 3   10 monumental reforms designed to ensure the 

 4   safety of all New Yorkers when they choose to 

 5   ride in a limo or for-hire vehicle.

 6                The reforms we're passing today will 

 7   undoubtedly strengthen safety standards here in 

 8   New York.  From requiring stretch limousines to 

 9   be retrofitted with seat belts, to mandating 

10   commercial driver's licenses and drug and alcohol 

11   testing for drivers of vehicles with nine or more 

12   passengers, to increasing criminal penalties for 

13   drivers who break the law while on the road, 

14   we're taking significant steps to ensure safety 

15   measures are firmly in place when anyone steps 

16   into one of these vehicles.  

17                These pieces of legislation before 

18   us make critical changes, including mandating 

19   that an impounded vehicle must be repaired and 

20   must be reinspected before it is released to the 

21   road.

22                Today we're creating the strongest 

23   limousine safety standards in the entire nation 

24   right here in the State of New York.  And while 

25   we're advancing this aggressive agenda, we also 


                                                               156

 1   know that there's always more work to do, which 

 2   is why we're also creating a task force that will 

 3   further examine current limo regulations and 

 4   safety training programs.  

 5                Thank you to our incredible 

 6   Majority Leader, Senator Andrea Stewart-Cousins, 

 7   for making this a priority.  Without her 

 8   leadership, we would not be here today, and we 

 9   would not be seeing so many progressive reforms 

10   making their way to the Senate floor so 

11   expeditiously this session.  

12                I'd like to thank our colleagues in 

13   the Assembly for doing the right thing, working 

14   with our conference to enact legislation that 

15   complements what we put forward here in the 

16   Senate, and also to the Governor for signaling 

17   his partnership and commitment to signing these 

18   pieces of legislation into law.

19                I want to thank my colleagues for 

20   joining me and all of us in casting an aye vote 

21   on this historic day here in this chamber.  

22                I hope it brings the families a bit 

23   of closure that your loved ones did not die in 

24   vain, but that their legacy will carry on and 

25   will undoubtedly save lives here in the State of 


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 1   New York and, there's no question in my mind, act 

 2   as a model for the rest of the nation to follow 

 3   suit.  

 4                Thank you for your fortitude, your 

 5   commitment, for championing this effort, for 

 6   taking that heartache and that difficult, 

 7   heartbreaking situation and turning it into 

 8   positive advocacy and ultimately action here on 

 9   the Senate floor today.  You are all to be 

10   commended.  Thank you from the bottom of my 

11   heart.  

12                With that, Mr. President, I vote 

13   aye.  Thank you.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Kennedy to be recorded in the affirmative.

16                Senator Seward to explain his vote.

17                SENATOR SEWARD:   Thank you, 

18   Mr. President.

19                When individuals enter a limousine 

20   or a similar vehicle, there is an expectation of 

21   safety.  But sadly and very tragically, on 

22   October 6, 2018, that expectation was not met.  

23   Twenty people were killed in Schoharie County, in 

24   the heart of my Senate district, in a horrific 

25   limousine crash that literally made global 


                                                               158

 1   headlines.

 2                You know, following the crash I 

 3   spent time meeting with family members of the 

 4   victims, the emergency responders who were called 

 5   to the scene that day, most of which were from 

 6   volunteer units.  And I also met with 

 7   investigators who were tasked with determining 

 8   what happened and making some sense of what had 

 9   occurred.  

10                The consensus from all was that we 

11   need to, number one, better enforce our current 

12   laws and regulations and, number two, make 

13   meaningful revisions to our laws and regulations 

14   to truly improve limousine safety on our highways 

15   in New York State.

16                These bills that we are passing 

17   today are a direct result of the courageous input 

18   from the people who have experienced unimaginable 

19   grief and pain, and that is the families of our 

20   victims.  

21                You know, I have such deep 

22   admiration and respect for the family members who 

23   have continued to keep the memory of their loved 

24   ones alive and have turned this grief and tragedy 

25   in their lives into something positive, and that 


                                                               159

 1   is meaningful changes in the laws of the State of 

 2   New York that govern limousines.  You have gone 

 3   above and beyond to ensure that other families 

 4   won't have to go through the same heartbreak that 

 5   you continue to experience.

 6                These bills that we're passing today 

 7   are a testament to your determination, and they 

 8   will make our highways safer and limousine 

 9   ridership safer in New York State.  

10                Mr. President, I vote aye.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Seward to be recorded in the affirmative.

13                Senator Little to explain her vote.

14                SENATOR LITTLE:   Thank you, 

15   Mr. President.

16                This is such a tragedy.  And I think 

17   when we all saw this in the paper and read the 

18   reports of this, everyone's heart ached for all 

19   of you.  

20                And we all, I'm sure, have 

21   experienced riding in a limousine or watching 

22   your kids go off to proms or weddings.  And 

23   they're all such happy, happy occasions.  And you 

24   know that everyone in that limousine were 

25   enjoying a happy occasion, and to have such a 


                                                               160

 1   tragedy occur just had to break your hearts.  But 

 2   it just breaks everyone's heart here when you 

 3   think about it could have been any of us, it 

 4   could have been anyone.

 5                And so what we are doing here today, 

 6   I commend all of the Senators here voting yes on 

 7   this, because we are making a change and, as 

 8   Senator Seward said, seeing that our current laws 

 9   are enforced but that we have new, stricter laws 

10   and somehow can prevent something like this from 

11   ever happening.  

12                We have families who have their 

13   roots -- the King family have roots in the 

14   North Country, and my deepest sympathy, not just 

15   to them but to all of you.  

16                I vote aye.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Little to be recorded in the affirmative.

19                Senator LaValle to explain his vote.

20                SENATOR LaVALLE:   Thank you.

21                There is very little that one could 

22   say, because we can't bring back people who -- 

23   daughters who were very vibrant.  

24                And I represent the 1st Senate 

25   District, the North Fork, and I go by that place 


                                                               161

 1   where the limo accident occurred, and I must tell 

 2   you I think about it almost every single time 

 3   when I go by that spot.  

 4                But something good has come out of 

 5   it, and we will be helping individuals in the 

 6   future be safer, be safer, and that is a good 

 7   thing.  So know that the deaths did not go for 

 8   naught, but we're bringing about changes that 

 9   will save lives, that will save lives.  And you 

10   are part of that.  You are part of what is taking 

11   place here today.

12                I vote in the affirmative.

13                ACTING PRESIDENT BENJAMIN:    

14   Senator LaValle to be recorded in the 

15   affirmative.

16                Announce the results.

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 75, 

21   Assembly Print 712A, substituted earlier by 

22   Assemblymember Paulin, an act to amend the 

23   Vehicle and Traffic Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               162

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect one year after it shall 

 3   have become a law.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Metzger to explain her vote.

 9                SENATOR METZGER:   Thank you, 

10   Mr. President.

11                To the families, I want to express 

12   my gratitude for your leadership, your courage, 

13   your incredible advocacy.  The work we're doing 

14   today is really -- is really your work.  

15                I do also want to thank our chair of 

16   our Transportation Committee for bringing this to 

17   fruition at this time.  It's so important.  

18                There's a saying in the traffic 

19   safety advocacy world that will most crashes are 

20   predictable and preventable.  We call them 

21   accidents, but many are not accidental, they are 

22   the result of risky and often illegal driving 

23   behaviors.

24                As part of this package, we are 

25   passing a law that I introduced to mandate drug 


                                                               163

 1   and alcohol testing for limo drivers and other 

 2   for-hire drivers.  This will help save lives, 

 3   along with all of the other legislative 

 4   initiatives we pass today.

 5                It is our duty as legislators to do 

 6   everything that we can to prevent these kinds of 

 7   horrible tragedies.  To all of you who have 

 8   suffered unimaginable losses, our hearts are with 

 9   you.

10                Thank you.

11                ACTING PRESIDENT BENJAMIN:    

12   Senator Metzger to be recorded in the 

13   affirmative.

14                Announce the results.

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 76, 

19   Assembly Print 9058, substituted earlier by 

20   Assemblymember Santabarbara, an act to amend the 

21   Vehicle and Traffic Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect 30 days after it shall have 


                                                               164

 1   become a law.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 77, 

11   Assembly Print 8172B, substituted earlier by 

12   Assemblymember Santabarbara, an act to amend the 

13   Vehicle and Traffic Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect one year after it shall 

18   have become a law.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Gaughran to explain his vote.

24                SENATOR GAUGHRAN:   Thank you, 

25   Mr. President.


                                                               165

 1                I'd like to thank Senator Kennedy 

 2   for his leadership in this.  And, Senator, you 

 3   actually helped teach me how legislation really 

 4   works in this State Capitol by working very 

 5   closely with all the families, with colleagues 

 6   across the aisle, to make sure that we got this 

 7   done right.  And I want to thank you.  

 8                But I really want to thank 

 9   especially the families, some of whom are here 

10   today and some of whom are not, the families, the 

11   upstate families from the horrible Schoharie 

12   incident.  Mindy Grabina I know spoke earlier 

13   today on behalf of the Long Island families so 

14   eloquently.  And I also want to thank others, 

15   including Nancy DiMonte, who is not here, and 

16   whose daughter is alive but has faced many 

17   challenges because of that horrific day.

18                And, you know, when the families 

19   came to my office and also when I went to the 

20   hearing here in Albany and listened to their 

21   testimony, their testimony was so powerful.  But 

22   what was also so powerful was a simple picture of 

23   these beautiful young women just before they got 

24   into that limousine.  And it struck me, because I 

25   have a daughter who is 28 years old and we have 


                                                               166

 1   pictures like that.

 2                So thank you for your advocacy.  

 3   Thank you for making this day happen.  And while 

 4   this is probably not going to solve this problem 

 5   completely -- there will probably, unfortunately, 

 6   be other tragedies -- I guarantee you this bill 

 7   and all of these bills will be saving some lives.  

 8   So thank you so much.  

 9                And I vote in the affirmative, 

10   Mr. President.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Gaughran to be recorded in the affirmative.

13                Announce the results.

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 78, 

18   Assembly Print 1316C, substituted earlier by 

19   Assemblymember Paulin, an act to establish a 

20   Stretch Limousine Passengers Safety Task Force.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

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

25   shall have become a law.


                                                               167

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Senator Kaplan to explain her vote.

 6                SENATOR KAPLAN:   Thank you.  

 7                For too long New Yorkers took safety 

 8   for granted when getting into a limousine.  We 

 9   wrongly assumed that these vehicles were safe and 

10   their operators were all trained in their safe 

11   operation.  But I think we all got a rude 

12   awakening with the unimaginable tragedies that 

13   have taken place in the last few years.  

14                No family should have to experience 

15   the loss of a loved one because of something that 

16   could have possibly been prevented.  So that's 

17   why we're taking action to reform limousine 

18   safety in New York, because we have a duty to 

19   families across the state to do everything we can 

20   to prevent this senseless tragedy from happening 

21   again.  

22                And we owe all of that to you.  It 

23   must be a very difficult day for you, but I hope 

24   that it's also a way for you to have closure and 

25   to feel that we understand what you're going 


                                                               168

 1   through and we are working with you and we stand 

 2   beside you.

 3                That is why I'm so proud to be a 

 4   sponsor of this legislation that will help 

 5   protect our residents, and I cast my vote in the 

 6   affirmative.  And I want to thank our 

 7   chairperson, Senator Kennedy, for shepherding 

 8   this through.

 9                Thank you.

10                ACTING PRESIDENT BENJAMIN:    

11   Senator Kaplan to be recorded in the affirmative.

12                Announce the results.

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 79, 

17   Assembly Print 9057, substituted earlier by 

18   Assemblymember Paulin, an act to amend the 

19   Vehicle and Traffic Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 6.  This 

23   act shall take effect January 1, 2021.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               169

 1                (The Secretary called the roll.) 

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 80, 

 8   Assembly Print 8474A, substituted earlier by 

 9   Assemblymember Santabarbara, an act to amend the 

10   Transportation Law and the Vehicle and Traffic 

11   Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 5.  This 

15   act shall take effect one year after it shall 

16   have become a law.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 81, 


                                                               170

 1   Assembly Print 9056, substituted earlier by 

 2   Assemblymember Magnarelli, an act to amend the 

 3   Transportation Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect one year after it shall 

 8   have become a law.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 82, 

18   Assembly Print 9059, substituted earlier by 

19   Assemblymember Santabarbara, an act to amend the 

20   Vehicle and Traffic Law and the Transportation 

21   Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 5.  This 

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


                                                               171

 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:   Ayes, 60.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 83, 

11   Assembly Print 8990, substituted earlier by 

12   Assemblymember Magnarelli, an act to amend the 

13   Vehicle and Traffic Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the first of November.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Hoylman to explain his vote.

23                SENATOR HOYLMAN:   Thank you, 

24   Mr. President.

25                I too want to rise and thank 


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 1   Senator Kennedy for his leadership on this rather 

 2   solemn day where we are taking much-needed steps 

 3   to improve limousine safety as well as taxicab 

 4   and livery safety.

 5                In my district, where there is an 

 6   emergency room at NYU Langone, emergency room 

 7   doctors tell me that they'll often see 

 8   individuals come in with split lips, broken 

 9   noses, and cracked teeth.  In fact, the 

10   physicians in the ER department see it so often, 

11   they call it "partition face."  And partition 

12   face is when a passenger is sitting in the back 

13   seat of a taxicab, unbuckled, the cab makes a 

14   sudden stop, and they are flung headfirst into 

15   the plastic partition that's meant to protect the 

16   drivers.  It's very dangerous.

17                Well, today we're finally taking 

18   steps here in the State of New York to require 

19   that everyone who rides in the back seat of a cab 

20   or a livery -- 8 years or older -- buckles up.  

21                We know that wearing seat belts 

22   saves lives.  Well, seat belt laws also save 

23   lives, Mr. President.  I'm proud that we're 

24   taking this step and again want to commend 

25   Senator Kennedy for his leadership, along with 


                                                               173

 1   our colleagues on this important day.  

 2                I vote aye.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Hoylman to be recorded in the affirmative.

 5                Senator Tedisco to explain his vote.

 6                SENATOR TEDISCO:   Yeah, just to 

 7   explain my vote on this and the other seat belt 

 8   laws.  

 9                First of all, let me thank all the 

10   families for their input on this.  I think I was 

11   at the first hearing here in Albany, and it was 

12   very important to get your research and input.  

13   And I thank the Senator for sponsoring that.  I'm 

14   proud to be sponsor of several of these bills.

15                Just one caveat in the future.  I 

16   know we have a task force that we're going to put 

17   out there to give us future input on what we can 

18   do to be safer in this these large vehicles, 

19   these limousines.  It's good that we're going to 

20   require and mandate having seat belts in the back 

21   of these limousines and in the back of the 

22   liveries that we just talked about.  

23                And the fact of the matter is it's 

24   very difficult to give a limousine driver the 

25   responsibility to make sure individuals keep 


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 1   those seat belts on.  But I think what we could 

 2   add to this piece of legislation to require 

 3   having those seat belts and buckling them up is a 

 4   requirement of the individual that drives these 

 5   limousine vehicles, are part of these limousine 

 6   companies -- as they open up the doors and the 

 7   individuals go in and sit down, that that 

 8   limousine driver be required and mandated to tell 

 9   everyone who is seated there, who they will be 

10   driving and responsible for in terms of driving 

11   the vehicle, no matter what the signs are, that 

12   the law is New York State says there must be seat 

13   belts here and you must have those seat belts on 

14   and attached.  

15                And he will not put the key into the 

16   ignition and turn it until he sees all of them in 

17   their seats with the seat belt attached.  Because 

18   there's a good chance if everyone is required -- 

19   before he starts that vehicle and drives -- 

20   having their seat belt attached, being notified 

21   this is the law, that they'll keep that seat belt 

22   on.  Because we know the dangers to everybody if 

23   one, two or three people take those seat belts 

24   off.  It not only impacts them, it impacts 

25   everybody else in that vehicle.


                                                               175

 1                So I don't think it's a lot to ask 

 2   the person who's driving, no matter how many 

 3   people are in it -- five, 10, 15 or 20 -- this is 

 4   the law, you have to be buckled, I have to see 

 5   you all buckled, and I can't put the key in the 

 6   ignition, start it and begin to drive you on what 

 7   should be a wonderful day for you and a good 

 8   time.  I don't think that's a lot to ask of a 

 9   limousine driver.  And I think there's a good 

10   chance that people will keep those seat belts on 

11   if we start them out notifying them of the law 

12   and the requirement that it doesn't move, this 

13   vehicle doesn't move until you're all attached 

14   and I see that, and then he puts the key in and 

15   drives.  

16                So I would just suggest we think 

17   about that and look at that.  I don't think 

18   that's a lot to ask of someone who is driving 

19   people that are most precious to us.  

20                Thank you.  I vote aye.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Tedisco to be recorded in the affirmative.

23                Announce the results.

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               176

 1   bill is passed.

 2                Senator Gianaris, that completes the 

 3   reading of today's calendar.

 4                SENATOR GIANARIS:   Thank you, 

 5   Mr. President.

 6                Can we now return to motions and 

 7   resolutions and take up Resolution 2267, by 

 8   Senator Akshar, read its title only, and 

 9   recognize Senator Akshar.

10                ACTING PRESIDENT BENJAMIN:   The 

11   Secretary will read.

12                THE SECRETARY:   Senate Resolution 

13   2267, by Senator Akshar, memorializing Governor 

14   Andrew M. Cuomo to proclaim January 6 through 12, 

15   2020, as Law Enforcement Appreciation Week in the 

16   State of New York.

17                ACTING PRESIDENT BENJAMIN:   

18   Senator Akshar on the resolution.

19                SENATOR AKSHAR:   Mr. President, 

20   thank you very much for your indulgence.  

21                Allow me to thank the Majority 

22   Leader and the floor leader for allowing this 

23   resolution to the floor.  I appreciate it very 

24   much.

25                Many of you know that before being 


                                                               177

 1   elected, I had the good fortune of being a member 

 2   of law enforcement.  I spent many good years with 

 3   the Broome County Sheriff's Office.  So today, by 

 4   way of this resolution, I simply want to say 

 5   thank you to the more than 850,000 men and women 

 6   who wear the uniform across this great state and 

 7   across this great nation.

 8                Being a member of law enforcement, 

 9   it's a thankless job, very long hours.  It's 

10   challenging work.  But I also know, and I think 

11   it's incredibly important for me to remind 

12   everybody, that law enforcement members care 

13   about their community and, underneath their 

14   uniform, they're real people with a heart.  And 

15   they protect the communities that they love.  

16   They are on the streets every day doing what they 

17   love, ensuring that their communities are safe.  

18                But there is also an undeniable 

19   fact, that the men and women of law enforcement 

20   are under attack.  And their job is getting more 

21   difficult, it's becoming more dangerous every 

22   single day.  And despite all of that, the men and 

23   women who wear the uniform, they remain committed 

24   to doing their job, to keeping our communities 

25   safe.  And because of that, they deserve our 


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 1   respect and they deserve our gratitude.  

 2                And quite honestly, that's what this 

 3   resolution is all about.  It's about allowing all 

 4   of us to take a moment to think about the 

 5   selfless sacrifices that these men and women make 

 6   and give them a sincere thank you.  

 7                Mr. President, I thank you for your 

 8   indulgence.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   question is on the resolution.  All in favor 

11   signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT BENJAMIN:    

14   Opposed?  

15                (No response.)

16                ACTING PRESIDENT BENJAMIN:   The 

17   resolution is adopted.

18                Senator Gianaris.

19                SENATOR GIANARIS:   Mr. President, 

20   is there any further business at the desk?

21                ACTING PRESIDENT BENJAMIN:   There 

22   is no further business at the desk.

23                SENATOR GIANARIS:   I move to 

24   adjourn until tomorrow, Wednesday, January 15th, 

25   at 11:00 a.m.


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 1                ACTING PRESIDENT BENJAMIN:   On 

 2   motion, the Senate stands adjourned until 

 3   Wednesday, January 15th, at 11:00 a.m.

 4                (Whereupon, at 3:58 p.m., the Senate 

 5   adjourned.)

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