Regular Session - July 22, 2020

                                                                   2199

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    July 22, 2020

11                     12:07 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  


                                                               2200

 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, Tuesday, 

16   July 21, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, July 20, 

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 Hoylman 


                                                               2201

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 5991A and substitute it for 

 3   the identical Senate Bill Number 52A, Third 

 4   Reading Calendar 757.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Hoylman 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 2176A and substitute it for 

10   the identical Senate Bill 425A, Third Reading 

11   Calendar 759.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Boyle moves 

15   to discharge, from the Committee on Local 

16   Government, Assembly Bill Number 7302 and 

17   substitute it for the identical Senate Bill 672, 

18   Third Reading Calendar 761.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator May moves 

22   to discharge, from the Committee on Rules, 

23   Assembly Bill Number 2655 and substitute it for 

24   the identical Senate Bill 3392, Third Reading 

25   Calendar 767.


                                                               2202

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                THE SECRETARY:   Senator Montgomery 

 4   moves to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 5045 and substitute it for 

 6   the identical Senate Bill 3457, Third Reading 

 7   Calendar 768.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   substitution is so ordered.

10                THE SECRETARY:   Senator Carlucci 

11   moves to discharge, from the Committee on 

12   Mental Health and Developmental Disabilities, 

13   Assembly Bill Number 3402 and substitute it for 

14   the identical Senate Bill 4255, Third Reading 

15   Calendar 771.

16                ACTING PRESIDENT BENJAMIN:   The 

17   substitution is so ordered.

18                THE SECRETARY:   Senator Parker 

19   moves to discharge, from the Committee on Rules, 

20   Assembly Bill Number 9804 and substitute it for 

21   the identical Senate Bill 4549, Third Reading 

22   Calendar 774.

23                ACTING PRESIDENT BENJAMIN:   The 

24   substitution is so ordered.

25                THE SECRETARY:   Senator Kavanagh 


                                                               2203

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 6787D and substitute it for 

 3   the identical Senate Bill 5140B, Third Reading 

 4   Calendar 779.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Comrie 

 8   moves to discharge, from the Committee on 

 9   Housing, Construction and Community Development, 

10   Assembly Bill Number 5410A and substitute it for 

11   the identical Senate Bill 5342A, Third Reading 

12   Calendar 781.

13                ACTING PRESIDENT BENJAMIN:   The 

14   substitution is so ordered.

15                THE SECRETARY:   Senator Kennedy 

16   moves to discharge, from the Committee on Rules, 

17   Assembly Bill Number 7463B and substitute it for 

18   the identical Senate Bill 5348B, Third Reading 

19   Calendar 782.

20                ACTING PRESIDENT BENJAMIN:   The 

21   substitution is so ordered.

22                THE SECRETARY:   Senator Myrie moves 

23   to discharge, from the Committee on Elections, 

24   Assembly Bill Number 1385B and substitute it for 

25   the identical Senate Bill 6302A, Third Reading 


                                                               2204

 1   Calendar 790.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   substitution is so ordered.

 4                THE SECRETARY:   Senator Brooks 

 5   moves to discharge, from the Committee on Rules, 

 6   Assembly Bill Number 8186B and substitute it for 

 7   the identical Senate Bill 6371A, Third Reading 

 8   Calendar 791.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   substitution is so ordered.

11                THE SECRETARY:   Senator Gounardes 

12   moves to discharge, from the Committee on Rules, 

13   Assembly Bill Number 8127 and substitute it for 

14   the identical Senate Bill 6430, Third Reading 

15   Calendar 793.

16                ACTING PRESIDENT BENJAMIN:   The 

17   substitution is so ordered.

18                THE SECRETARY:   Senator Sepúlveda 

19   moves to discharge, from the Committee on Rules, 

20   Assembly Bill Number 8337B and substitute it for 

21   the identical Senate Bill Number 6437A, Third 

22   Reading Calendar 794.

23                ACTING PRESIDENT BENJAMIN:   The 

24   substitution is so ordered.

25                THE SECRETARY:   Senator Carlucci 


                                                               2205

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 8300A and substitute it for 

 3   the identical Senate Bill 6459A, Third Reading 

 4   Calendar 795.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Salazar 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 5240A and substitute it for 

10   the identical Senate Bill 6479A, Third Reading 

11   Calendar 796.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Benjamin 

15   moves to discharge, from the Committee on Social 

16   Services, Assembly Bill Number 8023 and 

17   substitute it for the identical Senate Bill 6665, 

18   Third Reading Calendar 803.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator Metzger 

22   moves to discharge, from the Committee on 

23   Transportation, Assembly Bill Number 8608 and 

24   substitute it for the identical Senate Bill 6836, 

25   Third Reading Calendar 806.


                                                               2206

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                THE SECRETARY:   Senator Gaughran 

 4   moves to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 8936 and substitute it for 

 6   the identical Senate Bill 6868, Third Reading 

 7   Calendar 807.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   substitution is so ordered.

10                THE SECRETARY:   Senator Savino 

11   moves to discharge, from the Committee on Rules, 

12   Assembly Bill Number 7579 and substitute it for 

13   the identical Senate Bill 7210, Third Reading 

14   Calendar 813.

15                ACTING PRESIDENT BENJAMIN:   The 

16   substitution is so ordered.

17                THE SECRETARY:   Senator Gaughran 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 9779A and substitute it for 

20   the identical Senate Bill 7589B, Third Reading 

21   Calendar 820.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                THE SECRETARY:   Senator Helming 

25   moves to discharge, from the Committee on Rules, 


                                                               2207

 1   Assembly Bill Number 9675 and substitute it for 

 2   the identical Senate Bill 7591, Third Reading 

 3   Calendar 821.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   substitution is so ordered.

 6                THE SECRETARY:   Senator Harckham 

 7   moves to discharge, from the Committee on Rules, 

 8   Assembly Bill Number 9691A and substitute it for 

 9   the identical Senate Bill 7740A, Third Reading 

10   Calendar 826.

11                ACTING PRESIDENT BENJAMIN:   The 

12   substitution is so ordered.

13                THE SECRETARY:   Senator Mayer moves 

14   to discharge, from the Committee on Rules, 

15   Assembly Bill Number 9913 and substitute it for 

16   the identical Senate Bill 7787, Third Reading 

17   Calendar 828.

18                ACTING PRESIDENT BENJAMIN:   The 

19   substitution is so ordered.

20                THE SECRETARY:   Senator Harckham 

21   moves to discharge, from the Committee on Rules, 

22   Assembly Bill Number 10012 and substitute it for 

23   the identical Senate Bill 7845, Third Reading 

24   Calendar 829.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2208

 1   substitution is so ordered.

 2                THE SECRETARY:   Senator Ortt moves 

 3   to discharge, from the Committee on Rules, 

 4   Assembly Bill Number 9905A and substitute it for 

 5   the identical Senate Bill 7870A, Third Reading 

 6   Calendar 830.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   substitution is so ordered.

 9                THE SECRETARY:   Senator Comrie 

10   moves to discharge, from the Committee on Rules, 

11   Assembly Bill Number 9763A and substitute it for 

12   the identical Senate Bill 7881, Third Reading 

13   Calendar 832.

14                ACTING PRESIDENT BENJAMIN:   The 

15   substitution is so ordered.

16                THE SECRETARY:   Senator Bailey 

17   moves to discharge, from the Committee on Rules, 

18   Assembly Bill Number 10039 and substitute it for 

19   the identical Senate Bill 7926, Third Reading 

20   Calendar 834.

21                ACTING PRESIDENT BENJAMIN:   The 

22   substitution is so ordered.

23                THE SECRETARY:   Senator Stavisky 

24   moves to discharge, from the Committee on Rules, 

25   Assembly Bill Number 10021A and substitute it for 


                                                               2209

 1   the identical Senate Bill 7986A, Third Reading 

 2   Calendar 837.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   substitution is so ordered.

 5                THE SECRETARY:   Senator Boyle moves 

 6   to discharge, from the Committee on Rules, 

 7   Assembly Bill Number 7919 and substitute it for 

 8   the identical Senate Bill 8018, Third Reading 

 9   Calendar 839.

10                ACTING PRESIDENT BENJAMIN:   The 

11   substitution is so ordered.

12                THE SECRETARY:   Senator May moves 

13   to discharge, from the Committee on Rules, 

14   Assembly Bill Number 9922 and substitute it for 

15   the identical Senate Bill 8021, Third Reading 

16   Calendar 840.

17                ACTING PRESIDENT BENJAMIN:   The 

18   substitution is so ordered.

19                THE SECRETARY:   Senator Funke moves 

20   to discharge, from the Committee on Rules, 

21   Assembly Bill Number 10209A and substitute it for 

22   the identical Senate Bill 8084A, Third Reading 

23   Calendar 846.

24                ACTING PRESIDENT BENJAMIN:   The 

25   substitution is so ordered.


                                                               2210

 1                THE SECRETARY:   Senator Gaughran 

 2   moves to discharge, from the Committee on Rules, 

 3   Assembly Bill Number 10041 and substitute it for 

 4   the identical Senate Bill 8220, Third Reading 

 5   Calendar 850.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   substitution is so ordered.

 8                THE SECRETARY:   Senator Borrello 

 9   moves to discharge, from the Committee on Rules, 

10   Assembly Bill Number 5456A and substitute it for 

11   the identical Senate Bill 8224A, Third Reading 

12   Calendar 851.

13                ACTING PRESIDENT BENJAMIN:   The 

14   substitution is so ordered.

15                THE SECRETARY:   Senator Harckham 

16   moves to discharge, from the Committee on Rules, 

17   Assembly Bill Number 10388A and substitute it for 

18   the identical Senate Bill 8256A, Third Reading 

19   Calendar 852.

20                ACTING PRESIDENT BENJAMIN:   The 

21   substitution is so ordered.

22                THE SECRETARY:   Senator Harckham 

23   moves to discharge, from the Committee on Health, 

24   Assembly Bill Number 7812A and substitute it for 

25   the identical Senate Bill 8259, Third Reading 


                                                               2211

 1   Calendar 853.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   substitution is so ordered.

 4                THE SECRETARY:   Senator Ritchie 

 5   moves to discharge, from the Committee on Rules, 

 6   Assembly Bill Number 10514 and substitute it for 

 7   the identical Senate Bill 8302, Third Reading 

 8   Calendar 855.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   substitution is so ordered.

11                THE SECRETARY:   Senator Rivera 

12   moves to discharge, from the Committee on Rules, 

13   Assembly Bill Number 10463A and substitute it for 

14   the identical Senate Bill 8315A, Third Reading 

15   Calendar 856.

16                ACTING PRESIDENT BENJAMIN:   The 

17   substitution is so ordered.

18                THE SECRETARY:   Senator Metzger 

19   moves to discharge, from the Committee on Rules, 

20   Assembly Bill Number 10464A and substitute it for 

21   the identical Senate Bill 8464A, Third Reading 

22   Calendar 860.

23                ACTING PRESIDENT BENJAMIN:   The 

24   substitution is so ordered.

25                THE SECRETARY:   Senator Thomas 


                                                               2212

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 10587 and substitute it for 

 3   the identical Senate Bill 8523, Third Reading 

 4   Calendar 863.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Carlucci 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 10313 and substitute it for 

10   the identical Senate Bill 8531, Third Reading 

11   Calendar 864.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Liu moves 

15   to discharge, from the Committee on Rules, 

16   Assembly Bill Number 10566A and substitute it for 

17   the identical Senate Bill 8643A, Third Reading 

18   Calendar 866.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator Metzger 

22   moves to discharge, from the Committee on Rules, 

23   Assembly Bill Number 6679C and substitute it for 

24   the identical Senate Bill 8805, Third Reading 

25   Calendar 869.


                                                               2213

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                Messages from the Governor.

 4                Reports of standing committees.

 5                Reports of select committees.

 6                Communications and reports from 

 7   state officers.

 8                Motions and resolutions.

 9                Senator Gianaris.

10                SENATOR GIANARIS:   I move to adopt 

11   the Resolution Calendar, with the exception of 

12   Resolutions 3275 and 3286, please.

13                ACTING PRESIDENT BENJAMIN:   All in 

14   favor of adopting the Resolution Calendar, with 

15   the exception of Resolutions 3275 and 3286, 

16   please signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT BENJAMIN:    

19   Opposed, nay.

20                (No response.)

21                ACTING PRESIDENT BENJAMIN:   The 

22   Resolution Calendar, with exceptions, is adopted.

23                Senator Gianaris.

24                SENATOR GIANARIS:   There will be an 

25   immediate meeting of the Rules Committee in 


                                                               2214

 1   Room 332.

 2                ACTING PRESIDENT BENJAMIN:   There 

 3   will be an immediate meeting of the Rules 

 4   Committee in Room 332.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   Senate will stand at ease.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   Senate will stand at ease.

 9                (Whereupon, the Senate stood at ease 

10   at 12:17 p.m.)

11                (Whereupon, the Senate reconvened at 

12   12:49 p.m.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   Senate will return to order.

15                Senator Gianaris.

16                SENATOR GIANARIS:   Is there a 

17   report of the Rules Committee at the desk?  

18                ACTING PRESIDENT BENJAMIN:   There 

19   is a report of the Rules Committee at the 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 222C, by 

25   Senator Benjamin, an act to amend the 


                                                               2215

 1   Social Services Law; 

 2                Senate Print 272A, by 

 3   Senator Benjamin, an act to amend the Retirement 

 4   and Social Security Law, the Education Law, and 

 5   the Administrative Code of the City of New York; 

 6                Senate Print 432A, by 

 7   Senator Hoylman, an act to amend the 

 8   Domestic Relations Law; 

 9                Senate Print 584A, by 

10   Senator Kennedy, an act to amend the New York 

11   State Urban Development Corporation Act; 

12                Senate Print 745A, by 

13   Senator Montgomery, an act to amend the 

14   Executive Law; 

15                Senate Print 1476B, by 

16   Senator Hoylman, an act to direct the Department 

17   of Financial Services to study, evaluate and make 

18   recommendations concerning lending practices by 

19   financial institutions; 

20                Senate Print 1548, by 

21   Senator Kennedy, an act to amend the Highway Law; 

22                Senate Print 1550, by 

23   Senator Kennedy, an act to amend the Highway Law; 

24                Senate Print 1693B, 

25   by Senator Krueger, an act to amend the 


                                                               2216

 1   Public Health Law and the Civil Rights Law; 

 2                Senate Print 3880, by 

 3   Senator Martinez, an act to amend the 

 4   Criminal Procedure Law; 

 5                Senate Print 3904A, by 

 6   Senator Martinez, an act in relation to entitling 

 7   Robert V. Vassallo, Sr., to reapply for a 

 8   disability retirement from the New York State 

 9   Police; 

10                Senate Print 4176A, by 

11   Senator Harckham, an act to amend the 

12   Environmental Conservation Law; 

13                Senate Print 4580C, by 

14   Senator Kennedy, an act to amend the Vehicle and 

15   Traffic Law; 

16                Senate Print 4717A, by 

17   Senator Metzger, an act to amend the Tax Law; 

18                Senate Print 5254B, by 

19   Senator Breslin, an act to amend the 

20   Real Property Tax Law; 

21                Senate Print 5282B, by 

22   Senator Kaminsky, an act to amend the 

23   Environmental Conservation Law and the 

24   State Finance Law; 

25                Senate Print 5470B, by 


                                                               2217

 1   Senator Thomas, an act to amend the 

 2   Financial Services Law; 

 3                Senate Print 5579A, by 

 4   Senator Serrano, an act to amend the 

 5   Environmental Conservation Law; 

 6                Senate Print 6144A, by 

 7   Senator Robach, an act to amend the 

 8   General Municipal Law; 

 9                Senate Print 6226, by Senator 

10   Felder, an act to amend the Public Health Law; 

11                Senate Print 6420A, by 

12   Senator Seward, an act relating to the 

13   miscalculation of benefits paid to 

14   Katherine Sweeney; 

15                Senate Print 6491B, by 

16   Senator Gaughran, an act to amend the 

17   Public Authorities Law; 

18                Senate Print 6880, by 

19   Senator Gallivan, an act to amend the 

20   General Municipal Law;

21                Senate Print 6886D, by 

22   Senator Skoufis, an act to amend the 

23   Election Law; 

24                Senate Print 8015D, by 

25   Senator Biaggi, an act to amend the Election Law; 


                                                               2218

 1                Senate Print 8216A, by 

 2   Senator Seward, an act to authorize certain 

 3   police officers to receive certain service credit 

 4   under Section 384D of the Retirement and Social 

 5   Security Law; 

 6                Senate Print 8217, by 

 7   Senator Seward, an act to authorize the City of 

 8   Cortland, in the County of Cortland, to offer an 

 9   optional twenty-year retirement plan to 

10   firefighter Travis Marshall; 

11                Senate Print 8218, by 

12   Senator Seward, an act to authorize the City of 

13   Little Falls, in the County of Herkimer, to offer 

14   certain retirement options to Police Officer 

15   Justin Dibble;

16                Senate Print 8278A, by 

17   Senator Kennedy, an act to amend the Labor Law; 

18                Senate Print 8303, by 

19   Senator Griffo, an act to repeal Section 16 of 

20   the General Business Law; 

21                Senate Print 8328, by 

22   Senator Hoylman, an act to amend the 

23   Public Authorities Law; 

24                Senate Print 8333, by Senator 

25   Seward, an act to authorize Thomas J. Carinci, 


                                                               2219

 1   Jr., to take the competitive civil service 

 2   examination; 

 3                Senate Print 8337, by 

 4   Senator Rivera, an act to amend the 

 5   Social Services Law; 

 6                Senate Print 8361, by 

 7   Senator Rivera, an act to amend the 

 8   Public Health Law; 

 9                Senate Print 8370B, by 

10   Senator Myrie, an act to amend the Election Law; 

11                Senate Print 8403, by 

12   Senator Rivera, an act to amend the 

13   Social Services Law; 

14                Senate Print 8429, by 

15   Senator Brooks, an act to amend the 

16   General Municipal Law; 

17                Senate Print 8448D, by 

18   Senator Thomas, an act in relation to the 

19   collection of emergency health data;

20                Senate Print 8450C, by 

21   Senator Rivera, an act to amend the 

22   Public Health Law; 

23                Senate Print 8465A, by Senator Liu, 

24   an act to amend the Election Law; 

25                Senate Print 8482, by 


                                                               2220

 1   Senator Skoufis, an act to amend the 

 2   Alcoholic Beverage Control Law; 

 3                Senate Print 8525, by 

 4   Senator Montgomery, an act to amend the 

 5   Public Health Law; 

 6                Senate Print 8532, by 

 7   Senator Carlucci, an act in relation to 

 8   authorizing Hamaspik of Rockland County, Inc., to 

 9   file with the Town of Ramapo assessor an 

10   application for certain real property tax 

11   exemptions;

12                Senate Print 8533, by 

13   Senator Carlucci, an act in relation to 

14   authorizing Hamaspik of Rockland County, Inc., to 

15   file with the Town of Ramapo assessor an 

16   application for certain real property tax 

17   exemptions;

18                Senate Print 8534, by 

19   Senator Carlucci, an act in relation to 

20   authorizing Hamaspik of Rockland County, Inc., to 

21   file with the Town of Ramapo assessor an 

22   application for certain real property tax 

23   exemptions; 

24                Senate Print 8535, by Senator 

25   Thomas, an act authorizing the Town of Hempstead 


                                                               2221

 1   to transfer and convey certain state land to the 

 2   Levittown School District; 

 3                Senate Print 8540, by 

 4   Senator Harckham, an act in relation to 

 5   designating a portion of the state highway system 

 6   as the "Putnam County Workers Memorial Bridge";

 7                Senate Print 8541, by 

 8   Senator Harckham, an act to amend the 

 9   Executive Law; 

10                Senate Print 8542, by 

11   Senator Harckham, an act to amend the 

12   Executive Law;

13                Senate Print 8545, by Senator May, 

14   an act to amend the General Municipal Law; 

15                Senate Print 8552A, by 

16   Senator Kaplan, an act authorizing the County of 

17   Nassau to alienate certain lands used as 

18   parklands; 

19                Senate Print 8554, by 

20   Senator Parker, an act to authorize Top Community 

21   Development Corporation to file an application 

22   for a real property tax exemption; 

23                Senate Print 8555A, by 

24   Senator Carlucci, an act to amend the 

25   Highway Law; 


                                                               2222

 1                Senate Print 8561A, by 

 2   Senator Metzger, an act to amend the 

 3   Agriculture and Markets Law; 

 4                Senate Print 8585A, by Senator May, 

 5   an act to amend the Education Law; 

 6                Senate Print 8588, by 

 7   Senator Carlucci, an act to authorize Jodi Manne 

 8   to receive a refund for the New York State 

 9   Teachers' Retirement System; 

10                Senate Print 8598, by 

11   Senator Parker, an act to amend the 

12   General Construction Law; 

13                Senate Print 8606, by 

14   Senator Carlucci, an act in relation to 

15   authorizing Hamaspik of Rockland County, Inc., to 

16   file with the Town of Ramapo assessor an 

17   application for certain real property tax 

18   exemptions;

19                Senate Print 8607, by Senator 

20   Carlucci, an act in relation to authorizing 

21   Hamaspik of Rockland County, Inc., to file with 

22   the Town of Ramapo assessor an application for 

23   real property tax exemptions; 

24                Senate Print 8608A, by 

25   Senator Carlucci, an act to amend the 


                                                               2223

 1   Mental Hygiene Law; 

 2                Senate Print 8617B, by 

 3   Senator Gounardes, an act to amend the Labor Law; 

 4                Senate Print 8623, by Senator Mayer, 

 5   an act to amend the Education Law; 

 6                Senate Print 8632, by 

 7   Senator Stavisky, an act in relation to 

 8   permitting the Education Department to renew 

 9   limited and provisional permits for an additional 

10   12 months;

11                Senate Print 8633B, by Senator May, 

12   an act in relation to enacting the "Reimagining 

13   Long-Term Care Task Force"; 

14                Senate Print 8635, by 

15   Senator Harckham, an act to amend the 

16   Environmental Conservation Law; 

17                Senate Print 8637A, by 

18   Senator Kaminsky, an act to amend the 

19   Highway Law; 

20                Senate Print 8639, by 

21   Senator Kaminsky, an act in relation to 

22   authorizing the County of Nassau to lease certain 

23   parkland located in the Village of 

24   Atlantic Beach;

25                Senate Print 8641A, by 


                                                               2224

 1   Senator Stavisky, an act to amend the 

 2   Education Law; 

 3                Senate Print 8647, by 

 4   Senator Brooks, an act to amend Chapter 122 of 

 5   the Laws of 2015; 

 6                Senate Print 8652A, by 

 7   Senator Gaughran, an act in relation to 

 8   establishing a Caumsett State Park fire readiness 

 9   study; 

10                Senate Print 8657, by 

11   Senator Martinez, an act granting retroactive 

12   membership in the New York State and Local 

13   Employees' Retirement System to 

14   Michael Posillico;

15                Senate Print 8658, by 

16   Senator Martinez, an act authorizing 

17   Marie Glarakis to change the designated 

18   beneficiary of her retirement benefits;

19                Senate Print 8663A, by 

20   Senator Kennedy, an act to establish the 

21   Adirondack Road Salt Reduction Task Force; 

22                Senate Print 8664, by Senator 

23   Seward, an act to amend the General City Law; 

24                Senate Print 8691, by 

25   Senator Skoufis, an act to amend the Town Law; 


                                                               2225

 1                Senate Print 8692, by Senator Mayer, 

 2   an act to amend the Labor Law; 

 3                Senate Print 8702, by 

 4   Senator Brooks, an act authorizing Community 

 5   Mainstreaming Associates, Inc., to receive 

 6   retroactive real property tax exempt status;

 7                Senate Print 8711, by 

 8   Senator Brooks, an act in relation to permitting 

 9   Roosevelt Fire District to file an application 

10   for a retroactive real property tax exemption;  

11                Senate Print 8721, by 

12   Senator Comrie, an action to direct the New York 

13   State Department of Financial Services and the 

14   New York State Department of State's Consumer 

15   Protection Division to conduct a study on 

16   consumer awareness;

17                Senate Print 8722, by 

18   Senator Benjamin, an act to amend the 

19   Banking Law; 

20                Senate Print 8723, by 

21   Senator Sanders, an act to amend the 

22   Public Health Law; 

23                Senate Print 8724, by 

24   Senator Parker, an act to amend the 

25   Public Service Law; 


                                                               2226

 1                Senate Print 8730, by 

 2   Senator Kaminsky, an act to authorize the County 

 3   of Nassau to discontinue use of certain lands as 

 4   parkland;

 5                Senate Print 8737, by 

 6   Senator Helming, an act to amend the Alcoholic 

 7   Beverage Control Law; 

 8                Senate Print 8740, by Senator Liu, 

 9   an act to amend the Correction Law; 

10                Senate Print 8743, by Senator Liu, 

11   an act to amend the Social Services Law; 

12                Senate Print 8748, by Senator Mayer, 

13   an act to amend the Labor Law; 

14                Senate Print 8750, by 

15   Senator Kaminsky, an act to amend the 

16   Environmental Conservation Law; 

17                Senate Print 8757, by 

18   Senator Comrie, an act to amend the New York 

19   State Medical Care Facilities Finance Agency Act;

20                Senate Print 8761, by 

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

22                Senate Print 8763A, by 

23   Senator Carlucci, an act to amend the Town Law; 

24                Senate Print 8780, by Senator Mayer, 

25   an act to amend the General Business Law; 


                                                               2227

 1                Senate Print 8781, by 

 2   Senator Comrie, an act in relation to requiring 

 3   certain provisions be included in any procurement 

 4   or agreement prior to disposing of any asset 

 5   owned; 

 6                Senate Print 8782, by 

 7   Senator Breslin, an act to amend the 

 8   Election Law; 

 9                Senate Print 8783A, by 

10   Senator Myrie, an act to amend the Election Law; 

11                Senate Print 8786A, by 

12   Senator Parker, an act to amend the 

13   Mental Hygiene Law; 

14                Senate Print 8791, by Senator 

15   Brooks, an act to amend the Executive Law; 

16                Senate Print 8795, by 

17   Senator Harckham, an act in relation to ordering 

18   a study and report on improvements of State Route 

19   9A in the Towns of Ossining and Mount Pleasant; 

20                Senate Print 8796A, by Senator 

21   Stavisky, an act to amend the Election Law; 

22                Senate Print 8799A, by Senator 

23   Gianaris, an act to amend the Election Law; 

24                Senate Print 8806, by Senator 

25   Gianaris, an act to amend the Election Law.


                                                               2228

 1                All bills ordered direct to third 

 2   reading.

 3                SENATOR GIANARIS:   Move to accept 

 4   the report of the Rules Committee.

 5                ACTING PRESIDENT BENJAMIN:   All in 

 6   favor of accepting the report of the 

 7   Rules Committee please signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT BENJAMIN:    

10   Opposed, nay.

11                (No response.)

12                ACTING PRESIDENT BENJAMIN:   The 

13   report is accepted and before the house.

14                SENATOR GIANARIS:   Mr. President, 

15   at this time can we go back to motions and 

16   resolutions and take up Resolution 3286, by 

17   Leader Stewart-Cousins, have it read in its 

18   entirety, and recognize Leader Stewart-Cousins.

19                ACTING PRESIDENT BENJAMIN:   The 

20   Secretary will read.

21                THE SECRETARY:   Senate Resolution 

22   3286, by Senator Stewart-Cousins, mourning the 

23   death of United States Representative John R. 

24   Lewis, civil rights leader and icon of American 

25   history.


                                                               2229

 1                "WHEREAS, It is the custom of this 

 2   Legislative Body to pay homage to a man of 

 3   indomitable faith and dedication whose purposeful 

 4   life and accomplishments will forever stand as a 

 5   paradigm and inspiration for others; and 

 6                "WHEREAS, With feelings of deepest 

 7   regret, this Legislative Body records the passing 

 8   of John Robert Lewis, who died on Friday, 

 9   July 17, 2020, at the age of 80; he served in the 

10   United States House of Representatives for 

11   Georgia's 5th Congressional District from 1987 

12   until his death; and 

13                "WHEREAS, Born on February 21, 1940, 

14   in Troy, Alabama, the third of 10 children of 

15   sharecroppers Willie Mae and Eddie Lewis, John  

16   R. Lewis graduated from the American Baptist 

17   Theological Seminary in Nashville, Tennessee, 

18   before receiving a bachelor's degree in religion  

19   and philosophy from Fisk University; and 

20                "WHEREAS, While studying at Fisk 

21   University, John R. Lewis became involved in the 

22   civil rights movement by organizing sit-ins at 

23   segregated lunch counters, bus boycotts, and 

24   other nonviolent protests as part of the 

25   Nashville Student Movement; and 


                                                               2230

 1                "WHEREAS, Dedicated to the movement, 

 2   John R. Lewis was one of the original 13 Freedom 

 3   Riders who rode on public transportation from 

 4   Washington, D.C., to New Orleans in an integrated 

 5   fashion, and was arrested many times, beaten and 

 6   imprisoned; and 

 7                "WHEREAS, In 1963, as chairman of  

 8   the Student Nonviolent Coordinating Committee, 

 9   SNCC, John R. Lewis was one of the primary 

10   organizers of the March on Washington and spoke 

11   at the march; and 

12                "WHEREAS, Known as the 'conscience 

13   of Congress,' John R. Lewis was one of the most 

14   liberal congressmen to represent a Deep South 

15   district, and over the course of 17 elections he 

16   only once got less than 70 percent of the vote, 

17   when he received 69 percent in 1994; and 

18                "WHEREAS, Congressman John R. Lewis 

19   was senior chief deputy whip and served on the 

20   Committee on Ways and Means; among the successful 

21   legislation he sponsored was the bill 

22   establishing the National Museum of African 

23   American History and Culture; and 

24                "WHEREAS, John R. Lewis spent his 

25   whole adult life fighting racism; he was awarded  


                                                               2231

 1   over 50 honorary degrees from prestigious 

 2   colleges and universities throughout the 

 3   United States, including Harvard University, 

 4   Brown University, the University of Pennsylvania, 

 5   Princeton University, Duke University, 

 6   Morehouse College, Clark-Atlanta University, 

 7   Howard University, Brandeis University, 

 8   Columbia University, Fisk University, and 

 9   Troy State University; and 

10                "WHEREAS, Furthermore, in 2011, 

11   President Barack Obama awarded him the 

12   Presidential Medal of Freedom, the nation's 

13   highest civilian honor; and 

14                "WHEREAS, John R. Lewis was a 

15   stalwart champion in the ongoing struggle to 

16   demand respect for the dignity and worth of every  

17   human being; he dedicated his entire life to 

18   nonviolent activism and was an outspoken advocate 

19   in the struggle for equal justice in America; and 

20                "WHEREAS, It is the sense of this 

21   Legislative Body to give acclaim to individuals 

22   of great character whose lives exemplify the 

23   highest ideals of humanity; and 

24                "WHEREAS, Predeceased by his wife of 

25   44 years, Lillian Miles Lewis, John R. Lewis is 


                                                               2232

 1   survived by his son, John-Miles Lewis, and six 

 2   siblings, as well as approximately 30 nieces and 

 3   nephews; and 

 4                "WHEREAS, In appreciation of his 

 5   life of commitment, dedication and substantial 

 6   contribution, it is the intent of this 

 7   Legislative Body to inscribe upon its records 

 8   this tribute to the memory of Congressman John R. 

 9   Lewis, that future generations may know and 

10   appreciate his admirable character, his many 

11   benevolent deeds, and the respect and esteem in 

12   which he was held; now, therefore, be it 

13                "RESOLVED, That this Legislative 

14   Body pause in its deliberations to mourn the 

15   death of U.S. Representative John R. Lewis, and 

16   to express its deepest condolences to his family; 

17   and be it further 

18                "RESOLVED, That a copy of this  

19   resolution, suitably engrossed, be transmitted to 

20   the family of U.S. Representative John R. Lewis."

21                ACTING PRESIDENT BENJAMIN:   Leader 

22   Stewart-Cousins on the resolution.

23                SENATOR STEWART-COUSINS:   Thank 

24   you, Mr. President.

25                Last Friday we lost John R. Lewis.  


                                                               2233

 1   He was 80.  It is hard to find the words to 

 2   really explain or describe Congressman Lewis.  

 3   Visionary, leader, legend, icon.  The conscience 

 4   of Congress.  Those are some of the things that 

 5   come to mind.

 6                From the beginning of the Civil 

 7   Rights Movement right up to his death, he was 

 8   fighting for change, he was fighting for what was 

 9   right.  Sometimes he almost lost his life in the 

10   fight.  John R. Lewis was arrested 45 times.  

11                But I want to go back a little bit, 

12   because his remarkable beginnings -- one of 

13   10 children, he was born outside of Troy, 

14   Alabama, to sharecropping parents.  He never knew 

15   how segregated his life was until he had an 

16   opportunity to visit Buffalo, New York.  And 

17   that's when he realized the difference between 

18   where he lived and New York.

19                He was the last surviving member of 

20   the Big Six leaders of the Civil Rights Movement 

21   in 1960.  And so I'll say the names of those 

22   leaders.  Obviously, there was Reverend 

23   Dr. Martin Luther King, James Farmer, A. Philip 

24   Randolph, Roy Wilkins, and Whitney Young.

25                Of the Big Six, Congressman Lewis 


                                                               2234

 1   was the youngest speaker on the March on 

 2   Washington in 1963.  He was only 23 years old, 

 3   and he addressed the crowd.  But the reality was 

 4   right before his speech, they forced him to 

 5   change what he was going to say because they 

 6   thought it would be just a little too provocative 

 7   and too powerful.  And he changed it because he 

 8   understood the big picture.  

 9                But he went right out there and he 

10   spoke, and he delivered a speech that resonates 

11   in so many ways today.  He spoke of being tired 

12   of waiting.  He spoke of being tired of being 

13   patient.  

14                In fact, he said:  "To those who 

15   have said be patient and wait, we have long said 

16   that we cannot be patient.  We do not want our 

17   freedom gradually, but we want to be free now.  

18   We are tired.  We are tired of being beaten by 

19   policemen.  We are tired of seeing our people 

20   locked up in jail over and over again.  And then 

21   you holler 'Be patient.'  How long can we be 

22   patient?  We want our freedom, and we want it 

23   now.  We do not want to go to jail, but we will 

24   go to jail if this is the price we must pay for 

25   love, brotherhood, and peace."


                                                               2235

 1                We are seeing some of that same 

 2   frustration today.  And I think a lot of us are 

 3   still tired of waiting, still tired of being 

 4   patient.  And we know, like Congressman Lewis, we 

 5   have to persevere.  

 6                We've made progress.  We've made 

 7   changes.  My standing in this chamber, and so 

 8   many of my colleagues standing in this position, 

 9   underscores that we've made those changes.  And 

10   it's the proof of the power of a Congressman John 

11   Lewis and what he stood for.  I know that I stand 

12   on his and so many others' shoulders. 

13                After the March on Washington, the 

14   Civil Rights Act of 1964 became law.  But again, 

15   that change wasn't easy.  The passing of the law 

16   made it easier for African-Americans to vote in 

17   the South and to bring attention to the struggle.  

18   Lewis and Hosea Williams led a march from Selma 

19   to Montgomery, Alabama, on March 7, 1965, across 

20   the Edmund Pettus Bridge.  After crossing that 

21   bridge, the marchers were attacked by state 

22   troopers, and Lewis was severely beaten.  In 

23   fact, he suffered a fractured skull.

24                We stood on this floor so many 

25   times -- I know our late colleague Senator Larkin 


                                                               2236

 1   would talk about, you know, being there and what 

 2   that Bloody Sunday march was like.  And we always 

 3   talked about it in the context of Dr. King.  But 

 4   John Lewis was one of the leaders of that march.  

 5   And when he celebrated the anniversary of that 

 6   march, he did it with President Obama.  What an 

 7   amazing moment that must have been for him.

 8                You know, there are pictures that 

 9   show President Obama and John Lewis, and there's 

10   one that was particularly poignant because he was 

11   hugging President Obama.  And I think he must 

12   have felt like, you know, we've arrived, that 

13   this dream was fulfilled.  He almost seemed to 

14   have a sense of relief.

15                But like everything else, the relief 

16   isn't permanent.  And in this case, it didn't 

17   last that long.  Now we have a president who is 

18   trying to undo so much of the progress, so many 

19   of the things that Congressman Lewis fought for.  

20                He was relentless in terms of having 

21   a renewal of the Voting Rights Act that was 

22   gutted by the Supreme Court, begging to have 

23   Congress renew the Voting Rights Act -- but it 

24   didn't happen.  And here we are, in many ways 

25   watching our progress slip away.  But we have to, 


                                                               2237

 1   like John Lewis, continue to fight, again for the 

 2   ideals and dreams of America.  

 3                The last public appearance that 

 4   Congressman Lewis made was standing on the Black 

 5   Lives Matter mural in Washington, D.C.  So 

 6   fitting because, although that hug of President 

 7   Obama meant something, he realized that the fight 

 8   did not stop.  And until his dying days, he would 

 9   stand up for what's right, for what matters, for 

10   brotherhood, for peace, for love, for justice and 

11   for equality.  We are a better people because 

12   John Lewis lived.  

13                And I will just go back to one of 

14   his last quotes.  And it was, very simply:  "Wake 

15   up, America!  Wake up!  For we cannot stop, and 

16   we will not and cannot be patient."

17                Rest in peace, Congressman Lewis.

18                Thank you.

19                ACTING PRESIDENT BENJAMIN:    

20   Senator Bailey on the resolution.

21                SENATOR BAILEY:   Thank you, 

22   Mr. President.

23                And I want to thank Madam Leader for 

24   introducing an important resolution so that 

25   generations in the future in the City and the 


                                                               2238

 1   State of New York, those who will look at the 

 2   body of work that we complete, will know that we 

 3   recognize the greatness of John Lewis.  

 4                This is one of these generational 

 5   "where were you" moments.  I happened to be 

 6   sleeping, but I woke up and I looked at the news 

 7   and I found out that Congressman John Lewis had 

 8   passed away.  

 9                And rarely do I take to social media 

10   after midnight, but I felt compelled to write 

11   something, because I was moved by his life's body 

12   of work.  I was moved by all that he had 

13   accomplished.  And I was moved by his simple 

14   presence in the physical plane.

15                And I think about me being in this 

16   chamber.  And I was -- as Madam Leader was 

17   speaking, I was looking up.  And I was looking 

18   at, wow, this is a beautiful place.  And it's so 

19   amazing and incredible that I have the privilege 

20   of being here.  And I would not be here today if 

21   not for John Lewis.  

22                Now, on February 4th this past year 

23   I spoke about my great-great-great grandmother 

24   Sylvia Richardson Holder, that she was born into 

25   slavery and that we're not that far removed.  And 


                                                               2239

 1   one of the things that if you're looking up John 

 2   Lewis's biography and you look about where he 

 3   came from, the humble beginnings that he came 

 4   from, it says that he was the son of 

 5   sharecroppers.  

 6                Now, the phrase "the son of a 

 7   sharecropper" isn't just a throwaway line to 

 8   describe his legacy and his rise from humble 

 9   beginnings, like I said before, or his 

10   dedication.  But that should remind us again, 

11   still in the year 2020, that we are not that far 

12   removed from the vestiges of slavery.  John Lewis 

13   spent every single day of his life fighting 

14   against that, fighting for people, fighting for 

15   equality.  

16                You know, you can't find anybody 

17   with good sense, Mr. President, to say a bad 

18   thing about John Lewis.  Regardless of whatever 

19   political affiliation you may hold, you have to 

20   respect the tenacity and the willingness to risk 

21   his own life for people that he didn't know.  And 

22   there's one -- one of so many quotes.  

23                John Lewis said "Take a long hard 

24   look down the road you have to travel once you've 

25   made a commitment to work for change.  Know that 


                                                               2240

 1   this transformation will not happen right away.  

 2   Change often takes time.  It rarely happens at 

 3   once.  In the movement we didn't know how history 

 4   would play itself out.  When we were getting 

 5   arrested and waiting in jail or standing in 

 6   unmovable lines on courthouse steps, we didn't 

 7   know what would happen, but we knew it had to 

 8   happen."

 9                Mr. President, my prediction is that 

10   once America truly understands the greatness of 

11   John Lewis, and you look at his quotables, people 

12   will realize that he was simply just as profound 

13   as Dr. King was.  And his many quotes and his 

14   many statements also backed up with action.  

15                The Book of James in the Bible tells 

16   us that faith without works is dead.  And 

17   Congressman Lewis had the faith, but he had the 

18   work behind the faith.  And he proved that on the 

19   Edmund Pettus Bridge.  And after having his skull 

20   fractured, he didn't stop.  Dare I say he was 

21   further emboldened by that experience, that 

22   near-death experience, to move forward and move 

23   faster and be better -- not just for himself, but 

24   for people that he never knew that he would 

25   inspire.  


                                                               2241

 1                Mr. President, I think I've said it 

 2   on the floor before:  The greatest test of 

 3   leadership is not simply helping people you know, 

 4   but it's helping people that you will never meet.  

 5   I never got to meet John Lewis, but my life has 

 6   profoundly been inspired by the work that he's 

 7   done.

 8                You know, he had another quote that 

 9   he said:  "When we were organizing voter 

10   registration drives, going on Freedom Rides, 

11   sitting in, coming here to Washington for the 

12   first time, getting arrested, going to jail, 

13   being beaten, I never thought -- I never 

14   dreamed -- of the possibility that an 

15   African-American would one day be elected 

16   President of the United States of America."

17                That's why that picture that Madam 

18   Leader mentioned with John R. Lewis and President 

19   Barack Obama was so powerful.  Because if you've 

20   come from rural Alabama and you've spent your 

21   whole life fighting against injustice, the simple 

22   visual of that is enough to make you burst into 

23   tears.

24                Now, Congressmember John Lewis was 

25   not afraid of new leadership.  He was not afraid 


                                                               2242

 1   of the younger generation.  In fact, he wrote a 

 2   series of graphic novels about his work in the 

 3   Civil Rights Movement that younger readers could 

 4   be inspired by that.  And he spoke about when he 

 5   accepted an award, a National Book Award in 2016, 

 6   he said:  "Some of you knew I grew up in rural 

 7   Alabama, very poor.  Very few books in our home.  

 8   And I remember in 1956, when I was 16 years old, 

 9   going to the public library to get library cards.  

10   And we were told that the library was for whites 

11   only and not for colored people.  And to come 

12   here and receive this honor -- it's too much."  

13                He spoke about how he had a 

14   wonderful teacher in elementary school who said 

15   "Read, my child, read."  Generations before us 

16   are responsible for our success, and John Lewis's 

17   teacher encouraged him to read.  And his book 

18   hopefully will encourage nations and scores of 

19   people to read about the work that he's done.

20                And speaking of youth, they say 

21   youth is often wasted on the young, but it wasn't 

22   on John Lewis.  In his 20s, being a civil rights 

23   icon in his 20s -- but he did not rest on those 

24   laurels.  In 2019 John Lewis talked about youth 

25   climate activists, and he said that "These young 


                                                               2243

 1   people are saying that we all have a right to 

 2   know what is in the air that we breathe, in the 

 3   water that we drink, in the food that we eat.  It 

 4   is our responsibility to leave this planet 

 5   cleaner and greener.  That must be our legacy."  

 6                You see, John Lewis was well -- was 

 7   versatile.  He spoke about a great variety of 

 8   things that impacted not just black people, not 

 9   just people of color, but our entire world.  

10   That's who John Lewis was, Mr. President.

11                "I've said this before and I'll say 

12   it again," said John Lewis.  "The vote is 

13   precious.  It's almost sacred.  It is the most 

14   powerful nonviolent tool that we have in 

15   democracy."

16                He spoke about getting in good and 

17   necessary trouble and helping to redeem the soul 

18   of America.

19                As Madam Leader said, his last 

20   public appearance was a powerful one in front of 

21   that Black Lives Matter mural in Washington, D.C. 

22   And he spoke about the Justice in Policing Act 

23   related to the tragic murder of George Floyd.  

24   And he said that "democracy cannot thrive when 

25   power remains unchecked and justice is reserved 


                                                               2244

 1   for a select few.  Ignoring these cries and 

 2   failing to respond to this movement is simply not 

 3   an option, for peace cannot exist where justice 

 4   is not served."  Peace cannot exist where justice 

 5   is not served.

 6                As I conclude, the final quote from 

 7   John R. Lewis, I ask everybody to think about the 

 8   work that he's done, to think about what he has 

 9   done for you, indirectly or directly.  "We will 

10   march through the South, through the streets of 

11   Jackson, through the streets of Danville, through 

12   the streets of Cambridge, through the streets of 

13   Birmingham ... We must say:  Wake up, America!  

14   Wake up!  For we cannot stop, and we will not and 

15   cannot be patient."

16                Congressman Lewis, thank you for 

17   never stopping.  Thank you for never being 

18   patient.  Thank you for being great.  May you 

19   rest in peace, and may your legacy live on.  

20                I vote aye on the resolution, 

21   Mr. President.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Myrie on the resolution.

24                SENATOR MYRIE:   Thank you, 

25   Mr. President.


                                                               2245

 1                And thank you to the leader for 

 2   bringing this resolution.  

 3                You've already heard and you will 

 4   hear afterwards people who will speak with much 

 5   more eloquence and authority on the legend and 

 6   legacy that is John R. Lewis.  So I wanted to 

 7   take a moment to talk about the America that 

 8   Congressman Lewis bled for.  

 9                The Freedom Riders were unpopular 

10   during their time.  Sixty percent of Americans 

11   thought they were doing the wrong thing.  They 

12   thought that their efforts would set the country 

13   back, that it would not advance the progress of 

14   black people in this country.  But John Lewis 

15   didn't do what was popular, he did what was 

16   right.  And the question is always why.  Why 

17   fight for a country that has brutalized you?  Why 

18   fight for a better democracy that has devalued 

19   your right to vote?  

20                And the truth is that John Lewis 

21   believed in the hope of this country.  He 

22   believed that we could do better.  And that same 

23   country that he has fought for, the same country 

24   that he believed could do better, is still on 

25   that path today.  We have not yet arrived.  


                                                               2246

 1                And because John Lewis knew that the 

 2   descendants of Jim Crow and housing injustice and 

 3   economic injustice and democracy injustice and 

 4   education injustice live on to fight against us, 

 5   so too the descendants of John Lewis live on in 

 6   Andrea Stewart-Cousins and Senator Velmanette 

 7   Montgomery and the protesters and every young 

 8   black child in this country who wants to see 

 9   America do better.

10                So we thank you, Congressman.  We 

11   love you, Congressman.  We mourn you, 

12   Congressman.  And as the ancestors welcome you 

13   with open arms, we are so glad to have been a 

14   part of the perfecting of our democracy that you 

15   fought for.

16                I'll be voting aye on the 

17   resolution, Mr. President.  Thank you.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Robach on the resolution.

20                SENATOR ROBACH:   Yes, 

21   Mr. President, let me join in this very 

22   meritorious resolution.

23                I got to meet John Lewis several 

24   times.  He was a good friend and supporter of 

25   former Congressman and my good friend Joe 


                                                               2247

 1   Crowley, as well as Louise Slaughter, who was my 

 2   home Congressman for much of my adult life.  

 3                And one thing I could say about him 

 4   unequivocally, there was no question, in any 

 5   conversation you had with him he would weave in 

 6   parts of equality and making sure that everybody 

 7   got to participate in everything that happened.

 8                And it was interesting to me because 

 9   you see different people, how they want to get a 

10   result.  He felt very strongly that having that 

11   honor and privilege to represent in Congress gave 

12   him even a greater platform to make sure that we 

13   did things right.

14                And as Andrea Stewart-Cousins 

15   mentioned in her remarks, he always did it his 

16   way.  Even though he got bashed, probably 

17   undeservedly, he kept to the mission of civil 

18   dialogue but strong dialogue, and a man of 

19   peaceful protest, all to make a change at the 

20   sacrifice of himself.  

21                And to me, that's the greatest 

22   compliment you can give anybody.  As my father 

23   taught me, it's easy to talk the talk; it's 

24   harder to walk the walk.  But John Lewis did 

25   that, and he made a profound difference and 


                                                               2248

 1   really became a leader for many people all across 

 2   America.

 3                And the other thing I would just 

 4   say, too -- I don't want to disagree with 

 5   anything anybody said, but, you know, John Lewis 

 6   in his speech used to always say and try to unite 

 7   people and say, you know, in one way or another, 

 8   we all came on ships.  They might have been 

 9   different ships, but we all got here.  

10                And the point he was trying to make, 

11   to me, I felt very strongly that he did like 

12   America, he thought it was good.  He was for 

13   education, healthcare, things that we want here.  

14   He just wanted to make sure that everybody fairly 

15   had access to those things, as we should.

16                And he was clearly a unique 

17   individual who did it his way, who did it strong.  

18   Who, as Senator Bailey said, will live on through 

19   a lot of people and through a lot of good 

20   actions.  St. Thomas Aquinas said if a man's good 

21   actions live on, he's never really gone.  John 

22   Lewis will never really be gone and did a lot to 

23   advance and make our entire country fairer, 

24   better, and more equitable, and we thank him for 

25   that.  


                                                               2249

 1                Job well done.  Rest in peace, 

 2   Congressman Lewis.

 3                ACTING PRESIDENT BENJAMIN:    

 4   Senator Parker on the resolution.

 5                SENATOR PARKER:   Thank you, 

 6   Mr. President.  On the resolution.

 7                First let me thank Senator Andrea 

 8   Stewart-Cousins for her leadership and for 

 9   bringing this important resolution forward.

10                As you've heard from many of my 

11   colleagues who spoke before me, I am also deeply 

12   saddened by the passing of Congressman John 

13   Lewis.  

14                Again, as you heard Leader Cousins 

15   indicate, he was the true conscience of the 

16   Congress, a man whose dedication and his life was 

17   all about equality and justice for 

18   African-Americans.  But not just for 

19   African-Americans, as you heard Senator Robach 

20   indicate, but somebody who fought for justice for 

21   all people.  And as you heard Senator Bailey 

22   indicate, fought for justice in all matters, not 

23   just in the context of civil rights.

24                He fought for justice in every 

25   single breath he took.  It wasn't just something 


                                                               2250

 1   he did part-time or something he did, you know, 

 2   here and there.  His entire raison d'etre was 

 3   about providing justice in this country.  

 4                Congressman Lewis is an inspiration 

 5   for all of us, a living example who taught us how 

 6   to stand up for what is right and who encouraged 

 7   us to get into good trouble.  I want everybody in 

 8   this chamber to remember that next time I'm in a 

 9   situation -- 

10                (Laughter.)

11                SENATOR PARKER:   -- this issue 

12   about good trouble.  I'm just saying, I'm raising 

13   this for a friend.

14                (Laughter.)

15                SENATOR PARKER:   His life will 

16   continue to be an inspiration to all of us and to 

17   everyone who seeks justice.  

18                The world is a darker place for the 

19   loss of his life.  But we must continue to 

20   illuminate the way by living his legacy.  

21                I really want to send my condolences 

22   out to his family, to his staff.  You know, 

23   somebody who's spent that much years with his 

24   colleagues in Congress, I know he will absolutely 

25   be missed by the people who knew him best.  


                                                               2251

 1                But he will be missed by all of us, 

 2   and may his memory live on.  God bless him.  

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   question is on the resolution.  All in favor 

 6   signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT BENJAMIN:    

 9   Opposed?  

10                (No response.)

11                ACTING PRESIDENT BENJAMIN:   The 

12   resolution is adopted.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Mr. President, 

15   can we now move to Resolution 3275, by 

16   Senator Parker, read its title only, and 

17   recognize Senator Parker.

18                ACTING PRESIDENT BENJAMIN:   The 

19   Secretary will read.

20                THE SECRETARY:   Senate Resolution 

21   3275, by Senator Parker, mourning the death of 

22   Ronald Everton Nathan, distinguished citizen and 

23   devoted member of his community.

24                ACTING PRESIDENT BENJAMIN:    

25   Senator Parker on the resolution.


                                                               2252

 1                SENATOR PARKER:   Thank you, 

 2   Mr. President.

 3                We have all been profoundly affected 

 4   by the impact of COVID-19.  And over the past few 

 5   months, particularly here in the State of 

 6   New York, many of us have seen friends, family, 

 7   neighbors, colleagues, you know, mentors, you 

 8   know, extended families, you know, be taken by 

 9   this horrible dreaded disease.

10                And I thought it was important for 

11   us in this moment just to pause in our 

12   deliberations to just speak for a moment of at 

13   least one person in this great state who is going 

14   to be missed and who this virus has made a victim 

15   of.

16                And so I chose Mr. Ronald Everton 

17   Nathan, lovingly known by his family and friends 

18   as Bobby.  Bobby was somebody who was well-known 

19   in the community.  You know, one of those people 

20   who not just took in his family but also extended 

21   himself to take care of his community.  

22                Like many of the people in the great 

23   State of New York, and particularly in the great 

24   borough of the People's Republic of Brooklyn, he 

25   was an immigrant.  And like our president pro 


                                                               2253

 1   tem, you know, his family hailed from the island 

 2   of Jamaica.  He emigrated here when he was about 

 3   16 years old following his mother, Joyce, who he 

 4   had a very close relationship with.  

 5                He settled down and later united 

 6   with his childhood sweetheart, Pam, lovingly 

 7   known as Pam-Pam.  And together they grew a life 

 8   here with two children, many grandchildren.  

 9                And he was just somebody who -- he 

10   had various activities.  He was really involved 

11   in the community.  He was known to literally stop 

12   robberies.  He was somebody who owned -- he was a 

13   business owner.  He owned a bodega in 

14   Crown Heights for a number of years.  He drove a 

15   cab.  But mostly known for the work he did with 

16   his hands and worked in the construction arena 

17   and was really vital in the work of the Atlantic 

18   Mall that we all visit in Brooklyn.

19                He was steadfast and had an 

20   unwavering commitment to his community, but he 

21   particularly was close to seniors.  Even as he 

22   moved up in age, he continued to make sure that 

23   people in their golden years were taken care of.

24                He was somebody who enjoyed his 

25   life.  Like I said, you know, he had a 50-year 


                                                               2254

 1   marriage to his high school sweetheart.  He was 

 2   somebody who loved music, he loved a good time, 

 3   but nothing more than his grandchildren.

 4                He is survived by his two children, 

 5   Jahmeliah and Sion; his two grandchildren, Sionna 

 6   and Liam; his sister Beverly and his 

 7   sister-in-law Jakki and brothers-in-law Kassa  

 8   and Danny, and then beloved by all kinds of 

 9   family members and friends.

10                And so a man who just -- tried to 

11   just make the best way he could for his family, 

12   his friends, and his community.  And I just 

13   wanted to take this moment to honor his memory.  

14   He's somebody that I knew and somebody that, you 

15   know, on the times that I interacted with him was 

16   nothing but positivity and light.  

17                And we certainly want to remember 

18   him, and I know his legacy will continue to live 

19   on through his family and his friends.  God bless 

20   him.  

21                Thank you, Mr. President.

22                ACTING PRESIDENT BENJAMIN:   The 

23   question is on the resolution.  All in favor 

24   signify by saying aye.

25                (Response of "Aye.")


                                                               2255

 1                ACTING PRESIDENT BENJAMIN:    

 2   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   resolution is adopted.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   At this time we 

 8   will open those resolutions for cosponsorship, at 

 9   the request of the sponsors.

10                ACTING PRESIDENT BENJAMIN:   The 

11   resolutions are open for cosponsorship.  Should 

12   you choose not to be a cosponsor of the 

13   resolutions, please notify the desk.

14                Senator Gianaris.

15                SENATOR GIANARIS:   Let's move on to 

16   the calendar now, Mr. President.

17                ACTING PRESIDENT BENJAMIN:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   757, Assembly Print 5991A, substituted earlier by 

21   Assemblymember Weinstein, an act to amend the 

22   Civil Rights Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2256

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 757, those Senators voting in the 

 9   negative are Senators Amedore and O'Mara.  

10                Ayes, 58.  Nays, 2.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   758, Senate Print 123, by Senator Ortt, an act to 

15   amend the Vehicle and Traffic 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.


                                                               2257

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   759, Assembly Print 2176A, substituted earlier by 

 6   Assemblymember Solages, an act to amend the 

 7   Civil Rights Law and the Judiciary 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 759, those Senators voting in the 

19   negative are Senators Akshar, Amedore, Borrello, 

20   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

21   LaValle, O'Mara, Ranzenhofer, Ritchie, Robach and 

22   Seward.

23                Ayes, 45.  Nays, 15.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2258

 1                THE SECRETARY:   Calendar Number 

 2   760, Senate Print 668, by Senator Boyle, an act 

 3   authorizing the Church of God by Faith to file an 

 4   application for retroactive real property tax 

 5   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 Number 760, voting in the negative:  

17   Senator Akshar.  

18                Ayes, 59.  Nays, 1.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   761, Assembly Print 7302, substituted earlier by 

23   Assemblymember LiPetri, an act in relation to 

24   authorizing Good Samaritan Hospital Medical 

25   Center to file an application for exemption from 


                                                               2259

 1   real property taxes.

 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 761, voting in the negative:  

13   Senator Akshar.  

14                Ayes, 59.  Nays, 1.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   762, Senate Print 1761A, by Senator Brooks, an 

19   act to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 13.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2260

 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 762, voting in the negative:  

 7   Senator Ranzenhofer.  

 8                Ayes, 59.  Nays, 1.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   763, Senate Print 1942, by Senator Little, an act 

13   to amend the Civil Service Law.

14                ACTING PRESIDENT BENJAMIN:   There 

15   is a home-rule message at the desk.  

16                Read the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2261

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   764, Senate Print 2170A, by Senator Bailey, an 

 4   act authorizing and directing the Commissioner of 

 5   Education to conduct a study on the number of 

 6   children who are caregivers.

 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   Senator Bailey to explain his vote.

16                SENATOR BAILEY:   Thank you, 

17   Mr. President.

18                I'd like to thank the leader for 

19   allowing this bill to come to the floor for a 

20   vote.  

21                When we think about caregivers, we 

22   tend to think about older people caring for 

23   younger people.  But often the case is exactly 

24   the reverse.  There are children who are taking 

25   care of their parents, their aunts, their uncles, 


                                                               2262

 1   their grandparents and other unclassified members 

 2   of their family that require care.  

 3                According to the American 

 4   Psychological Association, approximately 1.3 to 

 5   1.4 million people nationwide serve as 

 6   caregivers.  And many of these children have 

 7   sick, disabled or elderly relatives that they 

 8   take care of, which adds another burden to them.

 9                So when we speak about the success 

10   of our children, we have to realize that we 

11   saddle sometimes -- sometimes we saddle our 

12   children with more than they may be able to bear.  

13   And sometimes I think that we should recognize 

14   that.  

15                In 2006 the Gates Foundation 

16   commissioned a survey that said approximately 

17   22 percent of high school students who dropped 

18   out did so because they were providing care for a 

19   sick family member.

20                Again, the reason why people 

21   sometimes are not able to do the best that we 

22   know that they can is because of outside 

23   complicating factors such as traumatic 

24   experiences.  And this is a form of trauma, 

25   having to take care of a family member 


                                                               2263

 1   immediately after school.  Or sometimes, 

 2   unfortunately, in lieu of school sometimes, as 

 3   we've seen with that Gates Foundation study.

 4                And so in my district a lady by the 

 5   name of Diane Cooper has an organization called 

 6   the Caregivers Outreach Ministry, and she 

 7   commissioned a study.  And however informal it 

 8   was, it found that in two schools in the 

 9   North Bronx -- PS 83, which is where I graduated 

10   from, and Christopher Columbus High School 

11   Campus -- that 43 percent of these students were 

12   also caring for sick and disabled loved ones.  

13                Now, I don't know about you, but I 

14   think about if -- I had the opportunity, after 

15   school, to play on sports teams, to go to get 

16   involved with extracurricular activities.  We are 

17   depriving certain children with the opportunity 

18   to do so because we're not providing the 

19   supplements for them to be able to provide this 

20   type of care.  

21                And while this bill is a study, I 

22   think that it's high time that a study be 

23   commissioned so that we can get a true number, a 

24   number that truly reflects how many children are 

25   actually giving care in addition to their primary 


                                                               2264

 1   job that we always tell them, that your 

 2   number-one job is to be a student.  Well, that's 

 3   not the case for at least 43 percent of the kids 

 4   in two of these schools in the North Bronx.

 5                So I'm grateful for this opportunity 

 6   to have this bill passed in the Senate, and 

 7   hopefully we can get it done in the Assembly and 

 8   the Governor hopefully will sign it into law so 

 9   that we can take a deeper look into what our 

10   children are actually facing on so many levels.  

11   And this is one of them as far as giving care 

12   goes.

13                I proudly vote aye, Mr. President.  

14   Thank you for the opportunity.  

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Bailey to be recorded in the affirmative.

17                Announce the results.

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   765, Senate Print 2187B, by Senator Bailey, an 

23   act to amend the Elder Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               2265

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect April 1, 2021.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   Ayes, 60.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   766, Senate Print 2649C, by Senator Krueger, an 

13   act to amend the Executive Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 5.  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 Number 766, those Senators voting in the 

25   negative are Senators Akshar, Amedore, Borrello, 


                                                               2266

 1   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

 2   LaValle, Little, Martinez, O'Mara, Ranzenhofer, 

 3   Ritchie, Robach and Seward.

 4                Ayes, 43.  Nays, 17.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   767, Assembly Print 2655, substituted earlier by 

 9   Assemblymember Englebright, an act to amend the 

10   Environmental Conservation 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:   Senator 

19   May to explain her vote.

20                SENATOR MAY:   Thank you, 

21   Mr. President.

22                Governor Cuomo and the Legislature 

23   have wisely banned hydraulic fracturing in 

24   New York State, in part because the practice 

25   involves the injection of toxic chemicals into 


                                                               2267

 1   the earth and the extraction of even more toxic, 

 2   often highly radioactive waste products from the 

 3   earth.

 4                In spite of this, New York is still 

 5   the destination for fracking waste from other 

 6   states.  And a loophole in the law has prevented 

 7   the state from regulating this material as 

 8   hazardous waste.  

 9                Just in April, the State of 

10   Pennsylvania reported shipments of fracking waste 

11   into my home city of Syracuse.  And as recently 

12   as 2018, large quantities of fracking waste were 

13   coming here from Pennsylvania and then being 

14   spread on roads in rural New York State.

15                I want to thank Assemblymember 

16   Englebright, our Majority Leader, and my 

17   colleagues for helping close this legal loophole 

18   and safeguard New York's soil, water and public 

19   health.

20                I vote aye.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   May to be recorded in the affirmative.

23                Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar 767, those Senators voting in the 


                                                               2268

 1   negative are Senators Amedore, Borrello, Funke, 

 2   Gallivan, Griffo, Helming, Jordan, O'Mara, 

 3   Ranzenhofer, Ritchie, Robach and Seward.

 4                Ayes, 48.  Nays, 12.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   768, Assembly Print 5045, substituted earlier by 

 9   Assemblymember Davila, an act to amend the 

10   Criminal Procedure 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   Senator Montgomery to explain her vote.

20                SENATOR MONTGOMERY:   Thank you, 

21   Mr. President.

22                I am speaking on the bill that is 

23   before the house, but I also will be speaking on 

24   one that will come later, though I will speak 

25   now.


                                                               2269

 1                As you know, I'm chair of the 

 2   Children and Families Committee, but I think that 

 3   it should be Children, Youth and Families 

 4   Committee.  And in fact, most of the legislation 

 5   that relates to the children, youth and families 

 6   in our state comes from every other committee -- 

 7   i.e., education, as I have a bill on today that 

 8   is in the Education Committee; higher ed, 

 9   health -- as one of the interests of mine, 

10   school-based health clinics, that's a very major 

11   issue for children and families in our state -- 

12   criminal justice, obviously, and juvenile 

13   justice, the judiciary and Office of Court 

14   Administration and community courts, youth 

15   courts -- all of those are related to my 

16   committee.  As well as labor -- i.e., the Youth 

17   Bill Act, which we also passed in this house.  So 

18   there are -- every area -- in every area of our 

19   deliberations, there are concerns for youth, 

20   children, and families.

21                And so today the two bills that I 

22   have that I will be speaking about, one is the 

23   bill which allows for exclusion of mandatory fees 

24   and surcharges to be waived for any defendant 

25   under the age of 21.  That bill deals with youth 


                                                               2270

 1   in court.  

 2                And as you know, in 2017 New York 

 3   State and local courts collected about $3 million 

 4   dollars in fees and surcharges from young people 

 5   between the ages of 18 and 21.  And even though 

 6   they may have been deemed to have been unable to 

 7   pay, they were still given a civil judgment.  

 8   Which meant that if they got employed, whenever 

 9   they got employed, they still had to pay those 

10   fees.  So the judges could not waive fees on 

11   young people based on the fact that they were 

12   unable to pay.

13                So this bill would correct that and 

14   would make it possible for judges to waive the 

15   fees without the necessity of a civil judgment on 

16   young people in particular.

17                The other related bill that we will 

18   pass shortly I consider the Anti-Shackling of 

19   Youth in Court Bill.  As you know, Mr. President, 

20   I did the anti-shackling bill of pregnant women 

21   who were incarcerated.  This bill today is the 

22   anti-shackling bill of youth.  So that when they 

23   appear in court, they are not brought in in 

24   shackles.

25                So I am considering these two bills 


                                                               2271

 1   that we're doing today to be addressing youth in 

 2   court, to bring some level of support and justice 

 3   to young people who find themselves in court who 

 4   are really unable to pay, so their parents end up 

 5   being responsible for paying the fees and charges 

 6   that are levied to them without consideration of 

 7   their ability to pay.

 8                So thank you to the staff who worked 

 9   on these with me.  Thank you to the Office of 

10   Court Administration and the Family Court judges 

11   who have been working with us these last few 

12   months to make sure that we begin to address the 

13   problem of having penalties levied, especially on 

14   youth, without giving the support that they need 

15   before they get to court, before they get in 

16   trouble, and before their families essentially 

17   fall apart.

18                So thank you.  I vote aye.

19                ACTING PRESIDENT BENJAMIN:    

20   Senator Montgomery to be recorded in the 

21   affirmative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar 768, those Senators voting in the 

25   negative are Senators Akshar, Amedore, Borrello, 


                                                               2272

 1   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

 2   LaValle, Little, O'Mara, Ortt, Ranzenhofer, 

 3   Ritchie, Robach, Serino and Seward.

 4                Ayes, 42.  Nays, 18.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   769, Senate Print 3688A, by Senator LaValle, an 

 9   act to amend the Navigation Law and the 

10   Insurance Law. 

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the first of January.

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 769, voting in the negative:  

22   Senator Skoufis.

23                Ayes, 59.  Nays, 1.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2273

 1                THE SECRETARY:   Calendar Number 

 2   770, Senate Print 3836A, by Senator Krueger, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect on the first of April.

 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 770, those Senators voting in the 

15   negative are Senators Amedore, Borrello, 

16   Gallivan, Griffo, Jordan, LaValle, O'Mara and 

17   Ranzenhofer.

18                Ayes, 52.  Nays, 8.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   771, Assembly Print 3402, substituted earlier by 

23   Assemblymember Gunther, an act to amend the 

24   Mental Hygiene Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               2274

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   772, Senate Print 4352B, by Senator Skoufis, an 

14   act to amend the Executive Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 3.  This 

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

19   shall have become a law.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               2275

 1   Calendar 772, those Senators voting in the 

 2   negative are Senators Borrello and Griffo.  

 3                Ayes, 58.  Nays, 2.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   773, Senate Print 4454A, by Senator Brooks, an 

 8   act to amend the Insurance Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 6.  This 

12   act shall take effect on the first of January.

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 773, those Senators voting in the 

20   negative are Senators Akshar, Funke, Gallivan, 

21   Griffo, Helming, Jordan, Lanza, Little, O'Mara, 

22   Ortt, Ranzenhofer, Ritchie, Robach and Serino.

23                Ayes, 46.  Nays, 14.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2276

 1                THE SECRETARY:   Calendar Number 

 2   774, Assembly Print 9804, substituted earlier by 

 3   Assemblymember Hyndman, an act to amend the 

 4   Education Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 3.  This 

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

 9   shall have become a law.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   775, Senate Print 4652, by Senator Sanders, an 

20   act to amend the Banking 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 


                                                               2277

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   776, Senate Print 4819, by Senator Parker, an act 

10   to amend the Real Property Actions and 

11   Proceedings 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 776, those Senators voting in the 

23   negative are Senators Akshar, Amedore, Borrello, 

24   Boyle, Funke, Gallivan, Griffo, Helming, Lanza, 

25   LaValle, Little, O'Mara, Ortt, Ranzenhofer, 


                                                               2278

 1   Ritchie, Robach and Serino.

 2                Ayes, 43.  Nays, 17.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   777, Senate Print 5047, by Senator Krueger, an 

 7   act to amend the New York City Civil Court Act 

 8   and the Real Property Actions and Proceedings 

 9   Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect on the 90th 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 777, those Senators voting in the 

22   negative are Senators Akshar, Amedore, Borrello, 

23   Funke, Gallivan, Griffo, Helming, Jordan, 

24   LaValle, O'Mara, Ortt, Ranzenhofer, Ritchie, 

25   Serino, Seward and Skoufis.


                                                               2279

 1                Ayes, 44.  Nays, 16.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   778, Senate Print 5090A, by Senator Parker, an 

 6   act to amend the Workers' Compensation Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 5.  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                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 778, those Senators voting in the 

20   negative are Senators Amedore, Borrello, 

21   Gallivan, Griffo, Helming, Jordan, Lanza, Little, 

22   O'Mara, Ortt, Ranzenhofer, Ritchie, Robach and 

23   Seward.

24                Ayes, 46.  Nays, 14.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2280

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   779, Assembly Number 6787D, substituted earlier 

 4   by Assemblymember Wallace, an act to amend the 

 5   Education --

 6                SENATOR ROBACH:   Lay it aside, 

 7   please. 

 8                ACTING PRESIDENT BENJAMIN:   Lay it 

 9   aside.

10                THE SECRETARY:   Calendar Number 

11   780, Senate Print 5210A, by Senator Metzger, an 

12   act to authorize Susan Gillinder, the widow of 

13   Robert C. Ritchie, to file a new service 

14   retirement application.

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, 60.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2281

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   781, Assembly Print 5410A, substituted earlier by 

 4   Assemblymember Cymbrowitz, an act to amend the 

 5   Public Authorities Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

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

10   shall have become a law.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   782, Assembly Print Number 7463B, substituted 

21   earlier by Assemblymember Hunter, an act to amend 

22   the Vehicle and Traffic Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 8.  This 


                                                               2282

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

 2   shall have become a law.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Kennedy to explain his vote.

 8                SENATOR KENNEDY:   Yes, thank you, 

 9   Mr. President.  I rise today to explain my vote 

10   and support for this very important piece of 

11   legislation.  

12                Our criminal justice system punishes 

13   poverty in many ways, including by suspending an 

14   individual's driver's license for failure to pay 

15   a fine for minor traffic infractions.  And simply 

16   put, that inability to pay became magnified over 

17   the last few months as millions of people found 

18   themselves out of work during the COVID-19 

19   pandemic.  

20                We know that the communities 

21   affected by these antiquated fines and fees are 

22   often communities of color and low-income 

23   New Yorkers.  And it's the same population that's 

24   been hardest hit by COVID-19.

25                According to the data provided by 


                                                               2283

 1   the Driven by Justice Coalition, during a recent 

 2   28-month period New York issued over 1.6 million 

 3   driver's license suspensions related to traffic 

 4   debt.  

 5                Driver's license suspension rates in 

 6   New York are nearly nine times higher in the 

 7   10 poorest communities compared to the 

 8   10 wealthiest communities.  In upstate New York 

 9   where I live, communities with the highest 

10   percent of people of color receive driver's 

11   license suspensions at rates four times as high 

12   as communities with the smallest percentage of 

13   people of color.  This isn't just an issue of 

14   economic justice, it's a civil rights issue.

15                In many regions of our state, 

16   without a driver's license people cannot get to 

17   work, school, or even access healthcare.  These 

18   consequences compound and make it even less 

19   likely the person can repay the original fine 

20   they incurred.  In other words, we're kicking 

21   people while they're down.  

22                While a ticket for $50 or $100 may 

23   not seem like a lot to some people, for some it 

24   can be financially devastating.  Now more than 

25   ever, New Yorkers shouldn't have to live in fear 


                                                               2284

 1   of losing a job, missing a rent payment, or 

 2   forfeiting an education due to personal and 

 3   financial challenges.  

 4                Through this bill we're addressing 

 5   that injustice by offering a common sense 

 6   solution, a path toward repaying traffic fines 

 7   without further penalizing drivers and sending 

 8   them into the dark hole of debt.  With these 

 9   payment plans, people will now have the ability 

10   to pay back their debt while also benefiting the 

11   state and municipalities who otherwise would not 

12   see any of this money.

13                It's important to note that this 

14   move is not unprecedented.  Mississippi, Idaho, 

15   California, Washington, D.C., and Virginia all 

16   have similar programs.  We couldn't have pushed 

17   this legislation forward as aggressively as we 

18   did without incredible partnerships.  

19                And in closing, I want to thank 

20   those who are also responsible for moving this 

21   reform forward.  First and foremost, I'd like to 

22   recognize the Majority Leader in the Senate, 

23   Senator Andrea Stewart-Cousins, for allowing this 

24   bill to come to the floor for a vote and for her 

25   continued leadership.


                                                               2285

 1                To my colleague in the Assembly, 

 2   Pam Hunter, who joined with me in championing 

 3   this issue in the State Legislature, and so many 

 4   of our colleagues that got behind us to drive 

 5   this agenda forward.

 6                To those community leaders like 

 7   Katie Adamides and the Fines and Fees Justice 

 8   Center, along with the Bronx and Brooklyn 

 9   Defenders, the Fiscal Policy Institute, and the 

10   entire Drive for Justice Coalition.  Today is for 

11   those advocates, and a demonstration of their 

12   hard work to correct injustices across New York 

13   and across this great nation.

14                And to the leaders in Western 

15   New York who have championed reforms like these 

16   alongside us, including Buffalo City Court Chief 

17   Judge Craig Hannah; Pastor George Nicholas of 

18   Lincoln Memorial United Methodist Church, 

19   co-convener of Buffalo's African-American Health 

20   Equity Task Force; the Western New York Law 

21   Center; and Neighborhood Legal Services.  A great 

22   thank you to all of those organizations and 

23   individuals.  Their partnership is creating real 

24   systemic change across our community and across 

25   this great state, here and now.  


                                                               2286

 1                Together we're going to keep pushing 

 2   for justice on behalf of these communities that 

 3   need our help, because it's our responsibility as 

 4   public servants to truly serve the people -- all 

 5   of the people.  And that's exactly what we're 

 6   dedicated to doing with this bill.  

 7                With that, Mr. President, I vote 

 8   aye.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Kennedy to be recorded in the affirmative.

11                Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 782, those Senators voting in the 

14   negative are Senators Akshar, Amedore, Borrello, 

15   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

16   Lanza, LaValle, Little, Martinez, O'Mara, Ortt, 

17   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

18   Tedisco.

19                Ayes, 39.  Nays, 21.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 783 

23   Senate Print 5366, by Senator Comrie, an act to 

24   amend the General Business Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               2287

 1   the 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 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 783, voting in the negative:  

12   Senator Lanza.  

13                Ayes, 59.  Nays, 1.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   784, Senate Print 5414F, by Senator Gounardes, an 

18   act to amend the Retirement and Social Security 

19   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.


                                                               2288

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 784, those Senators voting in the 

 6   negative are Senators Borrello, Jordan, Lanza and 

 7   Ritchie.

 8                Ayes, 56.  Nays, 4.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   785, Senate Print 5537A, by Senator Brooks, an 

13   act in relation to authorizing the Town of 

14   Babylon to grant Long Island Teen Challenge of 

15   West Babylon a real property tax exemption.  

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               2289

 1   Calendar Number 785, those Senators voting in the 

 2   negative are Senators Akshar and O'Mara.  

 3                Ayes, 58.  Nays, 2.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   786, Senate Print 5625A, by Senator May, an act 

 8   to amend the State Finance Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect June 1, 2020.  

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 786, those Senators voting in the 

20   negative are Senators Akshar, Amedore, Borrello, 

21   Boyle, Gallivan, Griffo, Helming, Jordan, Lanza, 

22   LaValle, O'Mara, Ortt, Ranzenhofer, Ritchie, 

23   Serino, Seward and Tedisco.

24                Ayes, 43.  Nays, 17.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2290

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   787, Senate Print 5683A, by Senator Comrie, an 

 4   act to amend the Real Property 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 787, those Senators voting in the 

16   negative are Senators Akshar, Amedore, Borrello, 

17   Gallivan, Griffo, Helming, Jordan, Lanza, O'Mara, 

18   Ortt, Ranzenhofer, Ritchie, Seward and Tedisco.

19                Ayes, 46.  Nays, 14.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   788, Senate Print 5959D, by Senator Savino, an 

24   act to amend the Civil Rights Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               2291

 1   the last section.

 2                THE SECRETARY:   Section 3.  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:   Senator 

 9   Savino to explain her vote.

10                SENATOR SAVINO:   Thank you, 

11   Mr. President.  To explain my vote.

12                This piece of legislation has been 

13   33 years in the making.  That's the last time the 

14   State of New York took the opportunity to update 

15   our Right to Publicity Law.  In those 33 years, a 

16   lot has changed in the recording industry, in the 

17   motion picture industry, and in this area of law.  

18                When I first got elected, we used to 

19   call this bill the "Dead Celebrities Bill."  It 

20   has actually been carried by several members of 

21   the Senate over the years, and with each passing 

22   year the bill becomes more complicated, more 

23   difficult to write, and in fact here we are today 

24   with probably the most updated and most 

25   complicated one we've ever had.  


                                                               2292

 1                It would not have happened, though, 

 2   had it not been for the Majority Leader, 

 3   Senator Stewart-Cousins, who decided that the 

 4   time was right for us to finally solve this 

 5   problem, making sure that people in New York 

 6   State had a right to publicity and a right to 

 7   privacy bill that was enforceable, that made 

 8   sense, that the industries understood.  And she 

 9   assigned the staff -- Kenan, standing right next 

10   to you, he's instrumental in it -- asked the 

11   Deputy Majority Leader to convene interested 

12   parties on this issue to help us get to a place 

13   where we could finally satisfy people in the 

14   motion picture industry, in the electronic gaming 

15   industry, in the First Amendment rights area.  

16                Not everyone is going to be happy, 

17   but everyone understands what this bill does.  It 

18   makes sure that people know who owns their image, 

19   how to protect them posthumously, how to make 

20   sure that people don't monetize your personhood 

21   without your rights being protected.  

22                We are the first in the nation to 

23   finally get it right, and I just want to say a 

24   heartfelt thank you to everyone who played a role 

25   in getting us to where we are today.  And I 


                                                               2293

 1   proudly vote aye, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Savino to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   789, Senate Print 6266D, by Senator Biaggi, an 

10   act to amend the Labor Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 15.  This 

14   act shall take effect January 1, 2021.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Biaggi to explain her vote.

20                SENATOR BIAGGI:   Thank you, 

21   Mr. President.

22                I rise today to proudly cast my vote 

23   in support of the Healthy Terminals Act.  I 

24   introduced this bill last year with Assemblywoman 

25   Alicia Hyndman long before the arrival of 


                                                               2294

 1   COVID-19, because it should not take a pandemic 

 2   for us to value workers' lives and fulfill their 

 3   right to healthcare.  

 4                This pandemic has made it tragically 

 5   clear just how important it is to guarantee 

 6   healthcare coverage for all New Yorkers, 

 7   especially those at high risk of exposure like 

 8   our front-line airport workers, our essential 

 9   workers.  We have told airport workers that they 

10   are essential and must come and continue to 

11   report to work throughout the pandemic.  But as 

12   we have praised them for their bravery and 

13   thanked them, we have failed to ensure that they 

14   can access healthcare to keep themselves, their 

15   families, and passengers healthy.

16                COVID-19 has taken the lives of at 

17   least 26 airport workers serving our great state 

18   and has infected countless others and their 

19   families.  It is truly harrowing to think of how 

20   many lives could have been saved, how many lives 

21   could have been saved if our airport workers had 

22   access to the affordable healthcare they needed 

23   and if we had not asked them to choose between 

24   medical care and paying for other essential 

25   expenses.  


                                                               2295

 1                By enacting the Healthy Terminals 

 2   Act, we can provide tens of thousands -- tens of 

 3   thousands -- of workers, including those who work 

 4   for subcontractors, with the ability to purchase 

 5   health insurance without failing and falling into 

 6   poverty.

 7                It is paramount that we now show up 

 8   for these New Yorkers.  These are the people who 

 9   put their lives on the line for all of us.  They 

10   are the critical infrastructure of our state, and 

11   they did this in our time of greatest need.  

12                We have chosen to dedicate this bill 

13   to Leland Jordan.  Leland was a baggage handler 

14   at JFK Airport and one of the first airport 

15   workers serving New Yorkers to die from COVID-19.  

16   He was an architectural drafter who immigrated 

17   from Guyana, and Leland took the job at JFK to 

18   support his family, who live in Queens.  Leland 

19   could not afford quality health insurance and, at 

20   73 years old, often worked overtime to cover the 

21   cost of his diabetes medicine and medical 

22   expenses.  He was a dedicated, dedicated union 

23   leader who fiercely advocated for his coworkers, 

24   winning the first union contract at his job and 

25   raises for himself and his colleagues.  He had 


                                                               2296

 1   been fighting for this very bill.

 2                Of course we will never be able to 

 3   erase the pain and the impact of losing Leland.  

 4   But what we can do is everything in our power to 

 5   make sure that all of the essential workers who 

 6   work in our airports actually have the ability to 

 7   get access to quality healthcare.

 8                I am deeply grateful to the Majority 

 9   Leader, Andrea Stewart-Cousins, to Assemblywoman 

10   Alicia Hyndman, and to 32BJ for their partnership 

11   to push this bill at a very, very challenging 

12   time.  

13                We stand here today because of the 

14   tireless organizing and strength of essential 

15   airport workers, labor advocates, immigrants, and 

16   working families.  And I have to say it is an 

17   absolute honor to stand alongside all of them to 

18   be able to push this bill over the finish line 

19   and to do this in the honor and the spirit of 

20   Héctor Figueroa.  

21                Thank you very much, Mr. President.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Biaggi to be recorded in the affirmative.

24                Senator Skoufis to explain his vote.

25                SENATOR SKOUFIS:   Thank you very 


                                                               2297

 1   much, Mr. President.  

 2                And I want to start by thanking and 

 3   congratulating the sponsor, my colleague Senator 

 4   Biaggi, 32BJ, the Majority Leader, for getting 

 5   this bill done.

 6                And over the past four or five 

 7   months during this pandemic, there has been a lot 

 8   of -- and rightfully so -- thanking of our 

 9   essential workers, calling our front-line men and 

10   women here in New York State heroes.  We're all 

11   doing that, we all ought to be acknowledging 

12   their efforts.  But we as legislators, we as 

13   legislators have an obligation to back up those 

14   words with actions like this bill.

15                And as the Senator who proudly 

16   represents Stewart Airport, we're finally going 

17   to see the workers at Stewart, the workers at JFK 

18   and LaGuardia get some compensation to buy the 

19   most basic of protections during times like this:  

20   Healthcare.

21                And so I thank everyone who I 

22   mentioned before who got this across the finish 

23   line.  We are backing up our words with actions 

24   today and looking out for our front-line 

25   workers -- our baggage handlers, our wheelchair 


                                                               2298

 1   attendants, our terminal cleaners.  These are the 

 2   unsung heroes.  And with today's vote, we're 

 3   finally telling them:  You matter, and we have 

 4   your back.  

 5                I vote yes.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Skoufis to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 789, those Senators voting in the 

11   negative are Senators Akshar, Amedore, Borrello, 

12   Helming, Jordan, Lanza, Serino and Seward.

13                Ayes, 52.  Nays, 8.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   790, Assembly Print Number 1385B, substituted 

18   earlier by Assemblymember Perry, an act to amend 

19   the Election Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of December.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               2299

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 790, voting in the negative:  

 6   Senator Boyle.  

 7                Ayes, 59.  Nays, 1.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   791, Assembly Print Number 8186B, substituted 

12   earlier by Assemblymember Darling, an act 

13   authorizing the County of Nassau to alienate and 

14   sell parklands.

15                ACTING PRESIDENT BENJAMIN:   There 

16   is a home-rule message at the desk.

17                Read the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               2300

 1   Calendar Number 791, voting in the negative:  

 2   Senator Lanza.  

 3                Ayes, 59.  Nays, 1.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   792, Senate Print 6400, by Senator Lanza, an act 

 8   to amend the Vehicle and Traffic Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 4.  This 

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

13   shall have become a law.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Announce the results.

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                ACTING PRESIDENT BENJAMIN:    

23   Calendar Number 793, Assembly Print Number 8127, 

24   substituted earlier by Assemblymember Dinowitz, 

25   an act to amend the Public Authorities Law.


                                                               2301

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   794, Assembly Print Number 8337B, substituted 

15   earlier by Assemblymember Walker, an act to amend 

16   the Mental Hygiene 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.


                                                               2302

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   795, Assembly Print Number 8300A, substituted 

 6   earlier by Assemblymember Zebrowski, an act to 

 7   authorize the Town of Clarkstown to offer a 

 8   certain retirement option to Clarkstown police 

 9   officers.

10                ACTING PRESIDENT BENJAMIN:   There 

11   is a 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 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 795, voting in the negative:  

22   Senator Griffo.

23                Ayes, 59.  Nays, 1.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2303

 1                THE SECRETARY:   Calendar Number 

 2   796, Assembly Print Number 5240A, substituted 

 3   earlier by Assemblymember O'Donnell, an act to 

 4   amend the Civil Rights Law and the Education Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 6.  This 

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

 9   shall have become a law.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 796, those Senators voting in the 

17   negative are Senators Akshar, Amedore, Funke, 

18   Helming, Ortt, Seward and Tedisco.

19                Ayes, 53.  Nays, 7.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   797, Senate Print 6502A, by Senator Serrano, an 

24   act to amend the Environmental Conservation Law.

25                SENATOR O'MARA:   Lay it aside.


                                                               2304

 1                ACTING PRESIDENT BENJAMIN:   Lay it 

 2   aside.

 3                THE SECRETARY:   Calendar Number 

 4   798, Senate Print Number 6523A, by 

 5   Senator Parker, an act to amend the 

 6   General Municipal 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, 60.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   799, Senate Print 6534, by Senator Montgomery, an 

21   act to amend the Family Court Act.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               2305

 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 799, those Senators voting in the 

 8   negative are Senators Akshar, Amedore, Borrello, 

 9   Funke, Gallivan, Griffo, Helming, Jordan, 

10   LaValle, Little, O'Mara, Ortt, Ritchie, Robach, 

11   Seward and Tedisco.

12                Ayes, 44.  Nays, 16.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   800, Senate Print 6537, by Senator Montgomery, an 

17   act to amend the Education Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

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

22   shall have become a law.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2306

 1                ACTING PRESIDENT BENJAMIN:    

 2   Senator Montgomery to explain her vote.

 3                SENATOR MONTGOMERY:   Yes, thank 

 4   you, Mr. President.

 5                I know this is a small bill, but I 

 6   just did not want this moment to pass without 

 7   making a comment about how important I think this 

 8   legislation is.  This is -- it codifies the Early 

 9   College High School program in the State of 

10   New York.  And it was really requested by the 

11   State Education Department and the Regents.

12                This particular program has been 

13   tested to really work for young people throughout 

14   the state.  It establishes, in my opinion, a new 

15   paradigm in the way that we educate young people 

16   because it creates a partnership, a marriage, 

17   between the higher ed community and high schools 

18   throughout the state.  It is also very much 

19   available to many of the young people for whom 

20   there are not big opportunities for advanced high 

21   school courses which prepare them for college.

22                The curriculum and the professionals 

23   work together in this program to prepare young 

24   people for advanced educational experiences.  

25   Sometimes high school students are taking classes 


                                                               2307

 1   in college; in very many cases, college 

 2   professors are teaching classes in high schools.  

 3   So it's a very, very important educational 

 4   improvement.  

 5                And what is the level -- what is the 

 6   record of success of this program?  Well, I have, 

 7   at least from the Bard College program -- which 

 8   was one of the early, early college programs -- 

 9   the Bard High School Early College program is 

10   extremely successful, based on them, with 

11   students in their program completing an 

12   associate's degree at the rate of 94 percent and 

13   graduates completing bachelor's degrees at a rate 

14   well above national and state averages.  

15                That is the record that is reported 

16   in most of those programs across the state.  So 

17   it's not only Bard, but it's many of those higher 

18   ed institutions who participate in this program.

19                Why is it necessary for us to do 

20   this legislation?  Well, one of the problems is 

21   currently it is a grant program, it is not 

22   coordinated, and it is not evaluated by State Ed 

23   because it is still in the early stages and 

24   considered to some extent to be an experimental 

25   program.


                                                               2308

 1                So we would like -- this bill would 

 2   establish a uniform system of approval and 

 3   oversight for all of the programs across the 

 4   state by State Ed, including Smart Scholars Early 

 5   College High School as well as Pathways in 

 6   Technology Early College High Schools.

 7                So this is necessary for us to 

 8   institutionalize this very, very valuable 

 9   program.  And it also is an answer as to how can 

10   the state upgrade our high school experience as 

11   well as allow for young people to be able to get 

12   up to even an associate's degree without their 

13   parents having to pay.

14                It's extremely important, and I hope 

15   we pass it today.  I hope that it also will pass 

16   in the Assembly, I expect it will, and that it 

17   becomes law.  Because this really for New York 

18   State is, I think, a giant step toward improving 

19   high school education for students throughout our 

20   state.

21                Thank you, Mr. President.  I vote 

22   aye.

23                ACTING PRESIDENT BENJAMIN:    

24   Senator Montgomery to be recorded in the 

25   affirmative.


                                                               2309

 1                Announce the results.

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   801, Senate Print 6569, by Senator Jackson, an 

 7   act to amend the Executive Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect on the 90th 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 this afternoon 

21   to speak about this bill.  It provides a new 

22   level of protection for our constituents who are 

23   dealing with issues of housing discrimination.  

24   And as you know, people can go to Housing and 

25   Community Renewal with a claim of housing 


                                                               2310

 1   discrimination.  Unfortunately, some of these 

 2   cases that are initially taken up by HCR, Housing 

 3   and Community Renewal, are dropped by the 

 4   Division of Human Rights because it finds a lack 

 5   of probable cause or jurisdiction.

 6                This bill gives people seeking 

 7   justice on a housing discrimination claim a 

 8   new avenue if this happens.  They can start a new 

 9   case in court, or they can use the option of 

10   asking the court to review the HCR action.  While 

11   housing discrimination remains an issue 

12   throughout our state, I am glad that we're 

13   providing another avenue to justice for those who 

14   are on this bill.  

15                And not only that, but, 

16   Mr. President, I say to you that I represent the 

17   31st Senatorial District in Manhattan.  It has 

18   the most rent-regulated units in the entire 

19   state.  And housing discrimination, as you know, 

20   it has no color.  It can be blacks discriminating 

21   against whites.  It can be whites discriminating 

22   against blacks, or Latinos, or religious 

23   discrimination.

24                All discrimination is bad, and we 

25   need to stop it.  And this is another avenue for 


                                                               2311

 1   people to seek justice when they feel that 

 2   they've been denied as a result of 

 3   discrimination.

 4                I vote aye, Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Jackson to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 801, those Senators voting in the 

10   negative are Senators Akshar, Amedore, Borrello, 

11   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

12   Lanza, LaValle, Little, Ranzenhofer, Ritchie, 

13   Seward and Tedisco.

14                Ayes, 44.  Nays, 16.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   802, Senate Print 6658B, by Senator Bailey, an 

19   act to amend the Executive 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.


                                                               2312

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Senator Bailey to explain his vote.

 4                SENATOR BAILEY:   Thank you, 

 5   Mr. President.

 6                This has been an interesting time in 

 7   our society when we've been able to look back -- 

 8   because of the recent protests about the 

 9   injustice in our society, we've been looking back 

10   and taking a look at what has happened in our 

11   society to bring us to the point that we're in.

12                And for the first time this year in 

13   New York State we celebrated Juneteenth, which 

14   was to celebrate the abolition of slavery in the 

15   United States, June 19th.  But in New York State 

16   the date that the slaves were freed was July 4, 

17   1827.

18                So for the past 16 years, the 

19   members of the New York State branches of ASALH, 

20   the Association for the Study of African American 

21   Life and History, they've been celebrating 

22   Abolition Commemoration Day on July 4th.  And 

23   they've done many things in my district and 

24   districts throughout the state, Mr. President.  

25   And I know they have come to Harlem and spoken to 


                                                               2313

 1   you about the importance of this legislation, and 

 2   to many other of our colleagues as well.  

 3                And I'm glad that we're recognizing 

 4   Abolition Commemoration Day as a day of 

 5   commemoration in the state so that people can 

 6   understand that, you know, slavery has a deep, 

 7   dark past.  And we tend to think of just Southern 

 8   states as the slaveholder states.  But many 

 9   enslaved -- there were many enslaved Africans in 

10   the South, but in 1703 more than 42 percent of 

11   households in New York City had slaves.  

12                So -- and over time, the North 

13   became known as a more -- as a better venue for 

14   those -- for those of us, but I want us to make 

15   sure that we recognize that there is a history of 

16   slavery here, and to recognize the freedom of our 

17   people in New York State.  So I wanted to make 

18   sure I thanked the New York State branches of 

19   ASALH, specifically Ms. Bessie Jackson.  Bessie 

20   Jackson is 94 years young and speaks with amazing 

21   tenacity.  She's ferocious, and she's been 

22   calling me every day since she's known me -- even 

23   before I got elected -- to tell me how important 

24   this is.

25                And being 94 years old, Ms. Jackson 


                                                               2314

 1   has seen a few things.  She's seen a few things 

 2   that I'm sure she hasn't liked.  But today is a 

 3   day that I hope that we can make Ms. Jackson 

 4   proud, and those other members of ASALH such as 

 5   Dina Robbins, one of my former high school 

 6   teachers, and so many others.  

 7                To finally say that we're 

 8   recognizing the day that slaves became free in 

 9   New York State is a momentous occasion, and I am 

10   appreciative of the opportunity for us to mark 

11   that day of commemoration.  But again, let us not 

12   rest on those laurels to just simply make a day 

13   of commemoration.  Let us understand what the 

14   past was so that we're not doomed to repeat it in 

15   the future.  

16                I vote aye on this bill, 

17   Mr. President.  Thank you for the opportunity.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Bailey to be recorded in the affirmative.

20                Announce the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   803, Assembly Bill Number 8023, substituted 


                                                               2315

 1   earlier by Assemblymember Williams, an act to 

 2   amend the Executive Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   804, Senate Print 6712, by Senator Metzger, an 

17   act to amend the Executive 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:    


                                                               2316

 1   Senator Metzger to explain her vote.

 2                SENATOR METZGER:   Thank you, 

 3   Mr. President.

 4                I rise to thank Majority Leader 

 5   Andrea Stewart-Cousins for advancing this 

 6   important bill to designate September 22nd as 

 7   Veteran Suicide Awareness and Remembrance Day, as 

 8   an annual observance.

 9                I also want to thank my colleagues 

10   on both sides of the aisle for cosponsoring this 

11   important bill.

12                The number 22 has significant and 

13   tragic meaning for veterans, their families, and 

14   our communities.  It's been estimated that we 

15   have been losing 22 veterans a day to suicide, on 

16   average.  Suicide rates among male veterans are 

17   1.4 times the general population, and it's 

18   1.8 times for women veterans.

19                They return home from their service 

20   to our country with wounds of war that are not 

21   necessarily visible to all of us but take a 

22   serious mental and physical toll.  In 2018 alone, 

23   153 veterans in New York lost their lives to 

24   suicide.  

25                By designating September 22nd as 


                                                               2317

 1   Veteran Suicide Awareness and Remembrance Day, we 

 2   recognize and remember those we have lost, we 

 3   elevate this issue in the public consciousness, 

 4   and we bring attention to the need to address the 

 5   root causes so that we can prevent the further 

 6   tragic loss of life in our veteran communities.

 7                I want to thank Manny Tirado and 

 8   Carol Olszanecki, constituents of mine, for their 

 9   advocacy on this issue, and I want to give a 

10   special thanks to Kevin Hertell, a colleague of 

11   Manny's on the MTA New York City Transit Veterans 

12   Resource Group, who has worked incredibly hard to 

13   elevate this issue.  

14                Thank you, Mr. President.  I vote 

15   aye.

16                ACTING PRESIDENT BENJAMIN:    

17   Senator Metzger to be recorded in the 

18   affirmative.

19                Announce the results.

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   805, Senate Print 6829B, by Senator Kaminsky, an 

25   act to amend the Environmental Conservation Law.


                                                               2318

 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   Senator Kaminsky to explain his vote.

10                SENATOR KAMINSKY:   Thank you, 

11   Mr. President.

12                For decades now, something has been 

13   amiss in this country when study after study 

14   shows that the chemical TCE has been harmful to 

15   human beings throughout this country.  A known 

16   carcinogen and a known cause of fetal heart 

17   defects, it has been in our water wherever it has 

18   been used on industrial usage, whether it be on a 

19   military plant or in other establishments 

20   throughout our country.

21                But powerful forces have fought to 

22   keep this chemical in constant usage.  Lobbyists 

23   have won fight after fight.  Indeed, the Trump 

24   administration buried a study that should have 

25   led to its banning in the very beginning of its 


                                                               2319

 1   term.

 2                Today New York takes a step to fight 

 3   back.  New York says that the most prevalent uses 

 4   of TCE will now be outlawed because the health 

 5   and safety of our children and our communities 

 6   should be paramount and more important than 

 7   anything else.

 8                I'm proud we're taking this step 

 9   today to ban TCE.  I thank the Majority Leader 

10   for her support, the Assembly, especially 

11   Assemblyman Englebright, Chairman Englebright, 

12   for his support.  And together let's continue to 

13   do the right thing by keeping our New Yorkers 

14   safe, and that should count above all else.

15                Mr. President, I vote in the 

16   affirmative.

17                ACTING PRESIDENT BENJAMIN:    

18   Senator Kaminsky to be recorded in the 

19   affirmative.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 805, those Senators voting in the 

23   negative are Senators Akshar, Borrello, Funke, 

24   Gallivan, Griffo, Helming, Little, O'Mara, Ortt, 

25   Ritchie, Seward and Tedisco.


                                                               2320

 1                Ayes, 48.  Nays, 12.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   806, Assembly Print 8608, substituted earlier by 

 6   Assemblymember Paulin, an act to amend the 

 7   Vehicle and Traffic 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:    

17   Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 806, those Senators voting in the 

20   negative are Senators Gallivan, Lanza and Ortt.  

21                Ayes, 57.  Nays, 3.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   807, Assembly Print Number 8936, substituted 


                                                               2321

 1   earlier by Assemblymember Thiele, an act to amend 

 2   the Public Authorities Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Gaughran to explain his vote.

12                SENATOR GAUGHRAN:   Thank you, 

13   Mr. President.

14                When this Legislature back in 2013 

15   enacted the Long Island Power Authority Reform 

16   Act, Long Islanders lost almost all of their 

17   oversight over their utility rates and utility 

18   issues.

19                Most public utilities in this state 

20   have the right to go to the Public Service 

21   Commission to review rates and other issues.  

22   LIPA is exempt from this.  They are 

23   self-policing.  They get to set rates, and nobody 

24   gets to review them.  

25                So this bill today actually provides 


                                                               2322

 1   some relief to ratepayers, because the act is 

 2   sort of limited in what we can do.  But it simply 

 3   says that if there is an audit that LIPA submits 

 4   and in that audit there is found to be fraud, 

 5   abuse or mismanagement, the Public Service 

 6   Commission can then take action to make sure that 

 7   LIPA reforms on behalf of the ratepayers.

 8                So thank you, Mr. President.  I vote 

 9   in the affirmative.

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Gaughran 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 

17   808, Senate Print 6874A, by Senator Gaughran, an 

18   act to amend the Real Property Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2323

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Gaughran to explain his vote.

 3                SENATOR GAUGHRAN:   Thank you, 

 4   Mr. President.

 5                "The tenant agrees not to permit the 

 6   premises to be used by any person other than 

 7   members of the Caucasian race.  But employment of 

 8   other than Caucasian domestic servants shall be 

 9   permitted."

10                That was language in 1948 that the 

11   Levittown Corporation used when anybody signed a 

12   lease for one of the new homes that was built for 

13   this Long Island community that became known as 

14   America's first suburbs.  The exact same language 

15   was also used when somebody purchased one of 

16   these homes.  And that language stayed in the 

17   deed for posterity.

18                The base price for these homes was 

19   $6,990, and for most a down payment was not 

20   required. Many of our returning World War II 

21   veterans were able to buy homes that took 

22   advantage of the GI Bill, which guaranteed $4,000 

23   of this.

24                But if you happened to be part the 

25   Greatest Generation and you were African-American 


                                                               2324

 1   or Hispanic or Asian or anything -- of any race 

 2   other than Caucasian, you could not take 

 3   advantage of this opportunity.  It was suggested 

 4   that you go to another community.

 5                Now, this may have been the first 

 6   subdivision on Long Island, but this continued 

 7   throughout Long Island, New York State, and 

 8   across America.  And yes, the racist language and 

 9   these deeds were then thrown out as 

10   unconstitutional, but they accomplished their 

11   purpose.  Segregated neighborhoods developed, and 

12   then followed discriminatory land use practices 

13   and other measures.  

14                And for years this was carried out 

15   by the real estate sales industry across this 

16   country.  They would steer potential homeowners 

17   to neighborhoods based on the race of the 

18   potential buyer.

19                And you would hope that this ugly 

20   history has passed us, but very recently a 

21   Newsday investigation proved otherwise.  Using 

22   undercover potential homebuyers, it became clear 

23   that there still are those in the industry who 

24   want to continue to steer people to communities 

25   based on race.


                                                               2325

 1                So today we will be passing 

 2   legislation that will start to begin an end to 

 3   this ugly practice.  There's obviously more that 

 4   we need to do, but this legislation gives the 

 5   Department of State the power to suspend or to 

 6   revoke a real estate salesperson or broker's 

 7   license.  Simply put, if you continue these 

 8   discriminatory practices, you're going to lose 

 9   your license and you're going to lose your 

10   occupation.

11                Now, I just want to make it clear 

12   that not all real estate brokers or salespeople 

13   engage in this practice.  In fact, I think the 

14   vast majority do not.  And in fact when I filed 

15   this bill, I received many calls from those in 

16   the real estate sales industry who were thanking 

17   me for filing this bill who were appalled that 

18   this continues and that Newsday uncovered this 

19   and were very supportive of this legislation.

20                So I want to thank the Majority 

21   Leader, Andrea Stewart-Cousins, for allowing this 

22   bill to go to the floor today; my colleagues for 

23   their support; Assemblywoman Kimberly 

24   Jean-Pierre, my partner on this legislation in 

25   the Assembly as well.


                                                               2326

 1                And finally, Mr. President, I think 

 2   today we're heeding the words of Congressman John 

 3   Lewis when he said recently "When you see 

 4   something that is not right, not just, not fair, 

 5   you have a moral obligation to say something, do 

 6   something."

 7                Therefore, Mr. President, I vote in 

 8   the affirmative.  Thank you very much.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Gaughran to be recorded in the affirmative.  

11                Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 808, voting in the negative:  

14   Senator Lanza.

15                Ayes, 59.  Nays, 1.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   809, Senate Print 7104A, by Senator Mayer, an act 

20   to amend the General Business Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect one year after it shall 

25   have become a law.


                                                               2327

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   810, Senate Print 7131, by Senator Harckham, an 

11   act to amend the General Municipal Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:   

20   Announce the results.  

21                THE SECRETARY:   In relation to 

22   Calendar Number 810, voting in the negative:  

23   Senator Lanza.

24                Ayes, 59.  Nays, 1.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2328

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   811, Senate Print 7159, by Senator Jackson, an 

 4   act to amend the Insurance Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

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

 9   shall have become a law.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Jackson to explain his vote.

15                SENATOR JACKSON:   Thank you, 

16   Mr. President.

17                And good afternoon, my colleagues.  

18   I rise this afternoon again in order to talk 

19   about the passage of a bill to provide accurate 

20   information for medical coverage notices.  And I 

21   thank you for the opportunity to speak on the 

22   passage of this bill.

23                As you know, this bill is an 

24   important one not only for my constituents, but 

25   all of the people of New York State.  This bill 


                                                               2329

 1   is part of an ongoing effort to demystify how the 

 2   private insurance industry works.  We want our 

 3   people in our districts across the state to 

 4   receive information from insurance carriers that 

 5   is clear, understandable, and usable.  

 6                By passing S5159, we are forcing 

 7   these private companies to clearly specify if 

 8   they are approving a claim or partially approving 

 9   or denying a claim.

10                When people receive clear 

11   information that avoids confusing consumers, our 

12   constituents are better prepared to deal with and 

13   will be less likely to face the shock of one of 

14   those surprise hospital bills for tens of 

15   thousands of dollars.  This bill is especially 

16   important now because -- as many of our people 

17   are still dealing with COVID-19 and the effects 

18   on their lives and their families' lives.  

19                I'd like to say many thanks to our 

20   great ally, the Assemblyman Richard "Dick" 

21   Gottfried, who sponsored this bill in the other 

22   house.  And this bill is a good step, but it also 

23   reminds me that when we -- as a state and a 

24   nation, we must do better to provide public plain 

25   plans that work for all of the families that we 


                                                               2330

 1   represent, and not just for those who have 

 2   private insurance.  We need a system that works 

 3   for all of the people.

 4                I vote aye, Madam President {sic}.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Jackson to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 811, those Senators voting in the 

10   negative are Senators Amedore, Borrello, Funke, 

11   Gallivan, Griffo, Helming, Little, Ortt, Serino 

12   and Seward.

13                Ayes, 50.  Nays, 10.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   812, Senate Print 7203, by Senator Amedore, an 

18   act to authorize Stephen Ferraro and Stephen 

19   Porcello to take the competitive civil service 

20   examination.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2331

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   813, Assembly Print Number 7579, substituted 

10   earlier by Assemblymember Reyes, an act to amend 

11   the Workers' Compensation Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   814, Senate Print 7219, by Senator Borrello, an 


                                                               2332

 1   act to amend the Criminal Procedure Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   In relation to 

12   Calendar Number 814, those Senators voting in the 

13   negative are Senators Krueger, Rivera and 

14   Skoufis.

15                Ayes, 57.  Nays, 3.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   815, Senate Print 7235, by Senator May, an act to 

20   amend the Education 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 


                                                               2333

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   May to explain her vote.

 5                SENATOR MAY:   Thank you, 

 6   Mr. President.  

 7                One of my favorite things about this 

 8   job is that you learn things you never thought 

 9   about before, almost on a daily basis.  Last year 

10   a man came up to me at a party and he said, "Let 

11   me tell you about medical oxygen tanks."  And in 

12   the end, I went to his welding supply company to 

13   see they how they fill medical oxygen tanks, and 

14   learned a lot about the whole process.  

15                And it turns out that medical oxygen 

16   tanks -- his company is a welding supply company, 

17   and they fill medical oxygen tanks for hospitals 

18   and nursing homes and individuals who need them.  

19   And they provide this life-saving equipment for 

20   people all over upstate, and some in very rural 

21   areas.

22                So it turns out that medical oxygen 

23   is regulated the same way as pharmaceutical 

24   drugs.  And that means you're supposed to have 

25   somebody with a college education and a certain 


                                                               2334

 1   amount of experience to supervise anybody who's 

 2   filling these tanks.  But honestly, in the 15 

 3   minutes that I was touring that part of his 

 4   plant, I think I could have learned how to do it 

 5   myself.  It's not that complicated.  It's very 

 6   technical, but once you've learned it, you've 

 7   learned it and it's hard to make any mistakes.  

 8                So he's in a position of not being 

 9   able to offer this service to the people of 

10   upstate New York anymore because he can't hire, 

11   in a rural welding supply company, somebody who's 

12   got a degree in chemistry from a college or 

13   something like that.  And he made a very 

14   compelling argument that it's time to change the 

15   requirements for who is allowed to do this job.

16                I am very pleased, I am grateful to 

17   the leadership and to my colleagues for 

18   supporting this bill that will allow him to 

19   continue providing life-saving medical oxygen to 

20   the people of upstate New York and other 

21   companies that do it too.  

22                So thank you very much.  I vote aye.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   May to be recorded in the affirmative.

25                Announce the results.


                                                               2335

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 815, those Senators voting in the 

 3   negative are Senators Lanza and LaValle.

 4                Ayes, 58.  Nays, 2.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   816, Senate Print 7256, by Senator Ramos, an 

 9   act -- 

10                SENATOR ROBACH:   Lay it aside.

11                SENATOR GIANARIS:   Lay it aside for 

12   the day, please.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill will be laid aside for the day.

15                THE SECRETARY:   Calendar Number 

16   817, Senate Print 7367A, by Senator Harckham, an 

17   act to establish the New York City Watershed Road 

18   Salt Reduction Task Force.

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.)


                                                               2336

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 817, voting in the negative:  

 5   Senator Lanza.  

 6                Ayes, 59.  Nays, 1.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   818, Senate Print 7369, by Senator Metzger, an 

11   act to amend the Alcoholic Beverage Control Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  This 

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

16   shall have become a law.

17                ACTING PRESIDENT 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 


                                                               2337

 1   819, Senate Print 7587, by Senator Skoufis, an 

 2   act to amend the Education Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 819, those Senators voting in the 

14   negative are Senators Akshar, Amedore, Borrello, 

15   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

16   LaValle, Lanza, Little, O'Mara, Ortt, 

17   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

18   Tedisco.

19                Ayes, 40.  Nays, 20.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   820, Assembly Print Number 9779A, substituted 

24   earlier by Assemblymember Thiele, an act 

25   directing the Office of Fire Prevention and 


                                                               2338

 1   Control within the Division of Homeland Security.  

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Gaughran to explain his vote.

11                SENATOR GAUGHRAN:   Thank you, 

12   Mr. President.

13                Our volunteer firefighters are the 

14   lifeblood of so many of our communities.  And 

15   during this COVID crisis, many of them have been 

16   afflicted with this disease.  Some of them, 

17   unfortunately, have passed away.

18                And they're having problems -- they 

19   had it before COVID, and they have it now -- in 

20   terms of recruitment.  Many of these departments 

21   are having a hard time recruiting volunteers.  In 

22   fact, it is argued by some studies that if we 

23   ever had to go to a fully paid fire department 

24   for some of our communities, our property taxes 

25   in places like Long Island could go up 25 percent 


                                                               2339

 1   or more.

 2                So today we're taking a step to 

 3   create a Volunteer Firefighter Recruitment 

 4   Task Force, with a mission to come up with a plan 

 5   so we can help recruit new firefighters.  And my 

 6   hope is this task force will come up with a good 

 7   plan, the state can then implement it, and then 

 8   we will have many more future heroes who will be 

 9   joining the ranks of the volunteer fire 

10   departments across this state.

11                Thank you very much, Mr. President.  

12   I vote in the affirmative.

13                ACTING PRESIDENT BENJAMIN:    

14   Senator Gaughran 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 

21   821, Assembly Print Number 9675, substituted 

22   earlier by Assemblymember Kolb, an act providing 

23   for the transfer of Onanda Park from the 

24   Department of Environmental Conservation.  

25                ACTING PRESIDENT BENJAMIN:   There 


                                                               2340

 1   is a home-rule message at the desk.

 2                Read the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   822, Senate Print 7607, by Senator Breslin, an 

15   act to repeal Subdivision 6 of Section 11-0907 of 

16   the Environmental Conservation 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.


                                                               2341

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 822, those Senators voting in the 

 3   negative are Senators Boyle and Martinez.  

 4                Ayes, 58.  Nays, 2.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   823, Senate Print 7655, by Senator Amedore, an 

 9   act to amend the Real Property Tax Law.

10                ACTING PRESIDENT BENJAMIN:   There 

11   is a 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 BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   824, Senate Print 7664, by Senator Breslin, an 

25   act to amend the State Finance Law and the 


                                                               2342

 1   General Municipal Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   In relation to 

12   Calendar Number 824, voting in the negative:  

13   Senator Griffo.  

14                Ayes, 59.  Nays, 1.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   825, Senate Print 7694, by Senator Persaud, an 

19   act to amend the Social Services Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect October 1, 2020.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               2343

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 825, those Senators voting in the 

 6   negative are Senators Akshar, Borrello, Funke, 

 7   Gallivan, Griffo, Jordan, LaValle, Little, Ortt 

 8   and Ritchie.

 9                Ayes, 50.  Nays, 10.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   826, Assembly Print Number 9691A, substituted 

14   earlier by Assemblymember Galef, an act to amend 

15   the Vehicle and Traffic Law.

16                ACTING PRESIDENT BENJAMIN:   There 

17   is a home-rule message at the desk.

18                Read 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.


                                                               2344

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   827, Senate Print 7760, by Senator Ritchie, an 

 6   act in relation to authorizing the Town of 

 7   DeKalb, in the County of St. Lawrence, to reduce 

 8   the maximum speed limit.

 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, 60.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   829, Assembly Print Number 10012, substituted 

24   earlier by Assemblymember Byrne, an act to amend 

25   the General Municipal Law.


                                                               2345

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   828, Assembly Print Number 9913, substituted 

15   earlier by Assemblymember Gunther, an act to 

16   amend the State Finance Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               2346

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   830, Assembly Print Number 9905A, substituted 

 6   earlier by Assemblymember Hawley, an act to amend 

 7   the Public Officers Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 60.

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 Rivera 

23   moves to discharge, from the Committee on Rules, 

24   Assembly Bill Number 10034 and substitute it for 

25   the identical Senate Bill 7879, Third Reading 


                                                               2347

 1   Calendar 831.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   substitution is so ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   831, Assembly Bill 10034, by Assemblymember 

 7   Gottfried, an act to amend the Public Health Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   832, Assembly Print 9763A, substituted earlier by 

22   Assemblymember Hyndman, an act to amend the 

23   Insurance Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               2348

 1                THE SECRETARY:   Section 2.  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, 60.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   833, Senate Print 7885A, by Senator Kaplan, an 

13   act to amend the Transportation Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 833, those Senators voting in the 

25   negative are Senators Amedore, Helming and Ortt.


                                                               2349

 1                Ayes, 57.  Nays, 3.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   834, Assembly Print Number 10039, substituted 

 6   earlier by Assemblymember Rozic, an act to amend 

 7   the Family Court Act.

 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   Senator Bailey to explain his vote.

17                SENATOR BAILEY:   Thank you, 

18   Mr. President.

19                So smart technology has made many of 

20   our lives easier.  It allows us access to do a 

21   lot of great things in terms of even setting 

22   thermometers, thermostats, opening garage doors 

23   and setting alarms, and having cellphones.  

24                But unfortunately, with the 

25   increased accessibility with smart tech, it has 


                                                               2350

 1   also created a loophole for people who take the 

 2   opportunity to be -- it also creates a loophole 

 3   for individuals who are engaged in domestic abuse 

 4   to take advantage of those that they are abusing.  

 5                So that's why I'm glad that we're 

 6   able to get this bill passed today, and I want to 

 7   thank Leader Stewart-Cousins and Assemblymember 

 8   Rozic in the Assembly for being such a champion 

 9   on this.  Because, you know, as we rely more on 

10   technology, this is sort of a silent way of 

11   abusing individuals.  When you have a password or 

12   when you have access to these devices of 

13   somebody, it's another way to try to exercise 

14   control over another individual, which is wrong.  

15                And I'm glad that we're finally 

16   taking steps towards changing this loophole.  And 

17   again, either we change with the times or we're 

18   going to be changed by them.  And I'm glad that 

19   we're changing with the times with this 

20   forward-looking legislation that encompasses -- 

21   that is going to encompass the way that we look 

22   at -- the way that we handle orders of protection 

23   and victims of domestic violence so that we can 

24   give them a sense of assurance that they're going 

25   to be safe and protected.  


                                                               2351

 1                And for that reason -- for those 

 2   reasons and for many other reasons, I vote aye, 

 3   Mr. President.

 4                ACTING PRESIDENT BENJAMIN:    

 5   Senator Bailey to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   835, Senate Print 7929, by Senator Mayer, an act 

12   to amend the Civil Practice Law and Rules and the 

13   Criminal Procedure Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 4.  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 Number 835, those Senators voting in the 


                                                               2352

 1   negative are Senators Akshar, Borrello, Gallivan, 

 2   Griffo, Helming, Jordan, Lanza, O'Mara, Ortt, 

 3   Ranzenhofer, Ritchie, Robach and Tedisco.

 4                Ayes, 47.  Nays, 13.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   836, Senate Print 7930, by Senator Salazar, an 

 9   act to amend the Family Court Act.

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 836, those Senators voting in the 

21   negative are Senators Akshar, Borrello, Funke, 

22   Lanza, O'Mara and Robach.

23                Ayes, 54.  Nays, 6.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2353

 1                THE SECRETARY:   Calendar Number 

 2   837, Assembly Print Number 10021A, substituted 

 3   earlier by Assemblymember Englebright, an act to 

 4   amend the Education Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect January 1.

 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 837, voting in the negative:  

16   Senator Lanza.  

17                Ayes, 59.  Nays, 1.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   838, Senate Print 7995A, by Senator Skoufis, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2354

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   839, Assembly Print Number 7919, substituted 

12   earlier by Assemblymember LiPetri, an act in 

13   relation to authorizing the Good Samaritan 

14   Hospital Medical Center to file an application 

15   for a real property tax exemption.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               2355

 1   Calendar Number 839, voting in the negative:  

 2   Senator Akshar.  

 3                Ayes, 59.  Nays, 1.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   840, Assembly Print Number 9922, substituted 

 8   earlier by Assemblymember Stirpe, an act in 

 9   relation to authorizing the Liverpool Central 

10   School District to receive state aid for certain 

11   approved capital funded projects.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                There is a substitution at the desk. 

25                The Secretary will read.


                                                               2356

 1                THE SECRETARY:   Senator Kaminsky 

 2   moves to discharge, from the Committee on Rules, 

 3   Assembly Bill Number 10001 and substitute it for 

 4   the identical Senate Bill Number 8026, Third 

 5   Reading Calendar 841.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   substitution is so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   841, Assembly Print Number 10001, by 

11   Assemblymember Thiele, an act to amend the 

12   Environmental Conservation Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2357

 1   842, Senate Print 8033B, by Senator Seward, an 

 2   act authorizing the Village of Herkimer, County 

 3   of Herkimer, to alienate and convey certain 

 4   parcels of land used as parkland.

 5                ACTING PRESIDENT BENJAMIN:   There 

 6   is a home-rule message at the desk.

 7                Read the last section.

 8                THE SECRETARY:   Section 7.  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, 60.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   843, Senate Print 8040, by Senator Breslin, an 

20   act to amend the Navigation Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2358

 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 843, those Senators voting in the 

 7   negative are Senators Akshar, Griffo, Helming, 

 8   Martinez and Tedisco.

 9                Ayes, 55.  Nays, 5.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   844, Senate Print 8046, by Senator Sepúlveda, an 

14   act to amend the Correction Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 3.  This 

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

19   shall have become a law.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               2359

 1   Calendar Number 844, those Senators voting in the 

 2   negative are Senators Akshar, Amedore, Borrello, 

 3   Boyle, Funke, Gallivan, Griffo, Harckham, 

 4   Helming, Jordan, Lanza, LaValle, Little, O'Mara, 

 5   Ortt, Ranzenhofer, Ritchie, Robach, Serino, 

 6   Seward, Skoufis and Tedisco.

 7                Ayes, 38.  Nays, 22.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   845, Senate Print 8057, by Senator Akshar, an act 

12   to amend the General Municipal Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2360

 1   846, Assembly Print Number 10209A, substituted 

 2   earlier by Assemblymember Kolb, an act to amend 

 3   Chapter 672 of the Laws of 1993.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   847, Senate Print 8129, by Senator Gounardes, an 

18   act amending Part B of Chapter 104 of the Laws of 

19   2005.

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 the 

25   roll.


                                                               2361

 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 

 8   848, Senate Print 8146, by Senator Funke, an act 

 9   to amend the Criminal Procedure 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 848, those Senators voting in the 

21   negative are Senators Krueger, Rivera and 

22   Skoufis.

23                Ayes, 57.  Nays, 3.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2362

 1                THE SECRETARY:   Calendar Number 

 2   849, Senate Print 8154B, by Senator Harckham, an 

 3   act to amend the Public Service Law.

 4                SENATOR GIANARIS:   Lay it aside for 

 5   the day.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill will be laid aside for the day.

 8                THE SECRETARY:   Calendar Number 

 9   850, Assembly Print Number 10041, substituted 

10   earlier by Assemblymember Gunther, an act to 

11   amend the General Municipal Law and the Town Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 850, voting in the negative:  

23   Senator Skoufis.  

24                Ayes, 59.  Nays, 1. 

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2363

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   851, Assembly Print Number 5456A, substituted 

 4   earlier by Assemblymember Goodell, an act to 

 5   amend the Public Health 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 851, those Senators voting in the 

17   negative are Senators Gaughran, Kennedy and 

18   Martinez.  

19                Ayes, 57.  Nays, 3.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   852, Assembly Print Number 10388A, substituted 

24   earlier by Assemblymember Byrne, an act in 

25   relation to authorizing the Town of Southeast, 


                                                               2364

 1   County of Putnam, to alienate certain lands used 

 2   as parkland.

 3                ACTING PRESIDENT BENJAMIN:   There 

 4   is a home-rule message at the desk.

 5                Read the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   853, Assembly Print Number 7812A, substituted 

18   earlier by Assemblymember Rosenthal, an act to 

19   amend the Public Health 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.


                                                               2365

 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 

 8   854, Senate Print 8282, by Senator Gaughran, an 

 9   act to amend the Public Health 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, 60.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   855, Assembly Print Number 10514, substituted 

24   earlier by the Assembly Committee on Rules, an 

25   act to amend the Uniform City Court Act and the 


                                                               2366

 1   Judiciary Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 6.  This 

 5   act shall take effect on the first of April.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   856, Assembly Print Number 10463A, substituted 

16   earlier by the Assembly Committee on Rules, an 

17   act to amend the Public Health 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:    


                                                               2367

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 856, voting in the negative:  

 4   Senator Helming.  

 5                Ayes, 59.  Nays, 1.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   857, Senate Print 8332, by Senator Persaud, an 

10   act to amend the Social Services Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                There is a substitution at the desk.  

24                The Secretary will read.

25                THE SECRETARY:   Senator Persaud 


                                                               2368

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 10513 and substitute it for 

 3   the identical Senate Bill 8421A, Third Reading 

 4   Calendar 858.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   858, Assembly Print Number 10513, by the Assembly 

10   Committee on Rules, an act to amend the Social 

11   Services Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   859, Senate Print 8451A, by Senator Kaplan, an 


                                                               2369

 1   act -- 

 2                SENATOR ROBACH:   Lay it aside, 

 3   please.

 4                ACTING PRESIDENT BENJAMIN:   Lay it 

 5   aside.

 6                THE SECRETARY:   Calendar Number 

 7   860, Assembly Bill Number 10464A, substituted 

 8   earlier by the Assembly Committee on Rules, an 

 9   act to amend the Agriculture and Markets 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   Senator Metzger to explain her vote.

19                SENATOR METZGER:   Thank you, 

20   Mr. President.

21                Our farms have been hit hard during 

22   this pandemic, and they face great uncertainty 

23   about what this year will bring in terms of 

24   sales.  This bill provides assurance that farms 

25   can hold on to their agricultural assessment even 


                                                               2370

 1   if gross sales fall short during this challenging 

 2   time.  

 3                Our farms are absolutely critical to 

 4   New York's economic recovery and to our food 

 5   security, and this bill will help to keep farmers 

 6   on their land.  

 7                Thank you, and I vote aye.

 8                ACTING PRESIDENT BENJAMIN:    

 9   Senator Metzger to be recorded in the 

10   affirmative.

11                Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   861, Senate Print 8474, by Senator Savino, an act 

17   to amend the Education Law and the Public Health 

18   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.)


                                                               2371

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 861, voting in the negative:  

 5   Senator Lanza.  

 6                Ayes, 59.  Nays, 1.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   862, Senate Print 8490, by Senator Skoufis, an 

11   act to amend the Highway 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:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   863, Assembly Print Number 10587, substituted 


                                                               2372

 1   earlier by the Assembly Committee on Rules, an 

 2   act in relation to authorizing the assessor of 

 3   the County of Nassau to accept from The Academy 

 4   Charter School an application for exemption from 

 5   real property taxes.

 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 863, voting in the negative:  

17   Senators Akshar and O'Mara.

18                Ayes, 58.  Nays, 2.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   864, Assembly Print Number 10313, substituted 

23   earlier by Assemblymember Galef, an act to amend 

24   Chapter 598 of the Laws of 1938.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               2373

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   866, Assembly Print Number 10566A, substituted 

14   earlier by the Assembly Committee on Rules, an 

15   act to amend the Social Services Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               2374

 1   Calendar Number 866, voting in the negative:  

 2   Senator Funke.  

 3                Ayes, 59.  Nays, 1. 

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   867, Senate Print 8666, by Senator Benjamin, an 

 8   act to amend the Criminal Procedure Law.

 9                SENATOR ROBACH:   Lay it aside.

10                ACTING PRESIDENT BENJAMIN:   Lay it 

11   aside.

12                THE SECRETARY:   Calendar Number 

13   868, Senate Print 8707A, by Senator Gianaris, an 

14   act to amend the Criminal Procedure Law and the 

15   Civil Practice Law and Rules.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Gianaris to explain his vote.

25                SENATOR GIANARIS:   Thank you, 


                                                               2375

 1   Mr. President.

 2                In the last several weeks we have 

 3   seen all over this nation people take to the 

 4   streets to protest police misconduct.  And the 

 5   reactions to those protests often involved 

 6   additional misconduct.  Now we've seen currently 

 7   situations where the Trump administration is 

 8   responsible for problems in Portland, Oregon, 

 9   where people's constitutional rights are being 

10   trampled.  But it's not just coming from those 

11   quarters.  

12                In reaction to the protests in 

13   New York City, the city administration, the city 

14   police and a city judge decided it was okay to 

15   detain people for longer than 24 hours without 

16   charging them.

17                Now, that is an affront to our very 

18   basic constitutional principles of habeas corpus, 

19   that someone should not be detained and lose 

20   their freedom without even being accused of a 

21   crime.

22                And somehow an individual judge 

23   decided to make a blanket exception for everyone 

24   who was arrested as part of these protests, to 

25   allow them to be detained for days and days at a 


                                                               2376

 1   time.

 2                This bill would stop that.  It would 

 3   return us to a norm that we thought we had, which 

 4   is someone needs to be charged within 24 hours or 

 5   be released upon request.  If there's going to be 

 6   an exception, it needs to be individualized for a 

 7   specific reason, not one that applies to 

 8   thousands of people just because the courts are 

 9   busy at that moment.

10                And so this is an important piece of 

11   legislation.  It was actually a standard we 

12   thought we had in place before this court 

13   decision, and now we will codify that as to the 

14   fact so that we don't have to allow a rogue judge 

15   to allow hundreds and hundreds of people to be 

16   held for days without being charged.  

17                So I thank my colleagues for voting 

18   in support of this legislation, and I vote in the 

19   affirmative.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Gianaris to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 868, those Senators voting in the 

25   negative are Senators Akshar, Amedore, Borrello, 


                                                               2377

 1   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

 2   Lanza, LaValle, Little, Martinez, O'Mara, Ortt, 

 3   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

 4   Tedisco.

 5                Ayes, 39.  Nays, 21.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   869, Assembly Print Number 6679C, substituted 

10   earlier by Assemblymember Ryan, an act to amend 

11   the Public Service Law.

12                SENATOR ROBACH:   Lay it aside, 

13   please. 

14                ACTING PRESIDENT BENJAMIN:   Lay it 

15   aside.

16                Senator Gianaris, that completes the 

17   reading of today's calendar.

18                SENATOR GIANARIS:   Mr. President, 

19   can we return to Calendar Number 779, remove the 

20   lay-aside on that bill, and take that up.

21                ACTING PRESIDENT BAILEY:   So 

22   ordered.

23                The Secretary will read.  

24                THE SECRETARY:   Calendar Number 

25   779, Assembly Print Number 6787D, by 


                                                               2378

 1   Assemblymember Wallace, an act to amend the 

 2   Education Law.

 3                ACTING PRESIDENT BAILEY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BAILEY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BAILEY:    Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 779, those Senators voting in the 

14   negative are Senators Akshar, Amedore, Funke, 

15   Gallivan, Griffo, Jordan, LaValle, O'Mara, Ortt, 

16   Ranzenhofer, Ritchie, Robach and Serino.

17                Ayes, 47.  Nays, 13.

18                ACTING PRESIDENT BAILEY:   The bill 

19   is passed.

20                SENATOR GIANARIS:   Mr. President, 

21   can we now move to take up the supplemental 

22   calendar, please.

23                ACTING PRESIDENT BAILEY:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               2379

 1   893, Senate Print 6886D, by Senator Skoufis, an 

 2   act to amend the Election Law.

 3                ACTING PRESIDENT BAILEY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BAILEY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BAILEY:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 893, those Senators voting in the 

14   negative are Senators Akshar, Borrello, Boyle, 

15   Gallivan, Griffo, Helming, Jordan, Lanza, 

16   LaValle, Little, O'Mara, Ortt, Ranzenhofer, 

17   Ritchie, Robach, Serino, Seward and Tedisco.

18                Ayes, 42.  Nays, 18.

19                ACTING PRESIDENT BAILEY:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   894, Senate Print 8015D, by Senator Biaggi, an 

23   act to amend the Election Law.

24                ACTING PRESIDENT BAILEY:   Read the 

25   last section.


                                                               2380

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT BAILEY:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BAILEY:   Announce 

 7   the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 894, those Senators voting in the 

10   negative are Senators Akshar, Borrello, Boyle, 

11   Funke, Gallivan, Griffo, Helming, Jordan, Lanza, 

12   LaValle, O'Mara, Ortt, Ranzenhofer, Ritchie, 

13   Robach, Serino, Seward and Tedisco.

14                Ayes, 42.  Nays, 18.

15                ACTING PRESIDENT BAILEY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   904, Senate Print 8370B, by Senator Myrie, an act 

19   to amend the Election Law.

20                ACTING PRESIDENT BAILEY:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BAILEY:   Call the 

25   roll.


                                                               2381

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BAILEY:   Senator 

 3   Myrie to explain his vote.

 4                SENATOR MYRIE:   Thank you, 

 5   Mr. President.

 6                We are in very different times in 

 7   this state and in this country, and this pandemic 

 8   has touched every area of our lives, and our 

 9   elections have been no exception to that.  We 

10   saw, just this past June 23rd, an uptick by 

11   almost 600 percent in participation in our 

12   democracy by way of absentee ballot.  

13                Now, while we appreciate the 

14   improved process by which folks do not have to 

15   choose between their health and their democracy, 

16   we also have seen a high rate of the discarding 

17   of absentee ballots for technicalities.  People 

18   should not have to lose their franchise, their 

19   constitutional right to vote simply because they 

20   failed to make a signature or failed to meet some 

21   other technicality in the law.

22                And so what this bill provides is 

23   notice and an opportunity to be heard.  That is 

24   what this bill is about.  If you cast an absentee 

25   ballot, you should know whether it was deficient 


                                                               2382

 1   and if it was deficient, you should have the 

 2   opportunity to correct that deficiency.  

 3                We are, as a body, putting voting 

 4   rights at the top of our agenda.  And we have 

 5   done so since the beginning of 2019, and we 

 6   continue the journey to make New York go from 

 7   worst to first in our democracy here in the 

 8   state.

 9                And so, Mr. President, I will be 

10   voting in the affirmative, and I will encourage 

11   my colleagues to do the same.  Thank you.

12                ACTING PRESIDENT BAILEY:   Senator 

13   Myrie to be recorded in the affirmative.

14                Announce the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 904, those Senators voting in the 

17   negative are Senators Akshar, Amedore, Borrello, 

18   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

19   Lanza, LaValle, Little, O'Mara, Ortt, 

20   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

21   Tedisco.

22                Ayes, 40.  Nays, 20.

23                ACTING PRESIDENT BAILEY:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2383

 1   909, Senate Print 8465A, by Senator Liu, an act 

 2   to amend the Election Law.

 3                ACTING PRESIDENT BAILEY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BAILEY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BAILEY:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 909, voting in the negative are 

14   Senators Akshar and Funke.

15                Ayes, 58.  Nays, 2.

16                ACTING PRESIDENT BAILEY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   963, Senate Print 8782, by Senator Breslin, an 

20   act to amend the Election Law.

21                ACTING PRESIDENT BAILEY:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect January 1, 2021.

25                ACTING PRESIDENT BAILEY:   Call the 


                                                               2384

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BAILEY:   Announce 

 4   the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 963, those Senators voting in the 

 7   negative are Senators Akshar, Amedore, Borrello, 

 8   Boyle, Gallivan, Griffo, Helming, Jordan, 

 9   LaValle, O'Mara, Ortt, Ranzenhofer, Ritchie, 

10   Robach, Serino, Seward and Tedisco.

11                Ayes, 43.  Nays, 17.

12                ACTING PRESIDENT BAILEY:   The bill 

13   is passed.

14                There is a substitution at the desk.

15                The Secretary will read.  

16                THE SECRETARY:   Senator Myrie moves 

17   to discharge, from the Committee on Rules, 

18   Assembly Bill Number 10807 and substitute it for 

19   the identical Senate Bill 8783A, Third Reading 

20   Calendar 964.

21                ACTING PRESIDENT BAILEY:   The 

22   substitution is so ordered.

23                The Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   964, Assembly Print Number 10807, by the Assembly 


                                                               2385

 1   Committee on Rules, an act to amend the 

 2   Election Law.

 3                ACTING PRESIDENT BAILEY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

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

 7   shall have become a law.

 8                ACTING PRESIDENT BAILEY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BAILEY:   Announce 

12   the results.

13                THE SECRETARY:   In relation to 

14   Calendar Number 964, those Senators voting in the 

15   negative are Senators Akshar, Amedore, Borrello, 

16   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

17   LaValle, Little, O'Mara, Ortt, Ranzenhofer, 

18   Ritchie, Robach, Serino, Seward and Tedisco.

19                Ayes, 41.  Nays, 19.

20                ACTING PRESIDENT BAILEY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   968, Print 8796A, by Senator Stavisky, an act to 

24   amend the Election Law.

25                ACTING PRESIDENT BAILEY:   Read the 


                                                               2386

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BAILEY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BAILEY:   Announce 

 8   the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 968, voting in the negative:  

11   Senator Tedisco.

12                Ayes, 59.  Nays, 1.

13                ACTING PRESIDENT BAILEY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   969, Senate Print 8799A, by Senator Gianaris, an 

17   act to amend the Election Law.

18                ACTING PRESIDENT BAILEY:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BAILEY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BAILEY:   Announce 


                                                               2387

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 969, those Senators voting in the 

 4   negative are Senators Akshar, Amedore, Borrello, 

 5   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

 6   Lanza, LaValle, Little, O'Mara, Ortt, 

 7   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

 8   Tedisco.

 9                Ayes, 40.  Nays, 20.

10                ACTING PRESIDENT BAILEY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   970, Senate Print 8806, by Senator Gianaris, an 

14   act to amend the -- 

15                SENATOR ROBACH:   Lay it aside, 

16   please. 

17                ACTING PRESIDENT BAILEY:   The bill 

18   will be laid aside.

19                Senator Gianaris, that completes the 

20   noncontroversial reading of the supplemental 

21   calendar.

22                SENATOR GIANARIS:   Thank you, 

23   Mr. President.

24                Can we now begin taking up the bills 

25   on the controversial calendar, starting with 


                                                               2388

 1   Calendar 867.

 2                ACTING PRESIDENT BAILEY:   The 

 3   Secretary will ring the bell.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   867, Senate Print 8666, by Senator Benjamin, an 

 7   act to amend the Criminal Procedure Law.

 8                ACTING PRESIDENT BAILEY:   Senator 

 9   Robach, why do you rise?

10                SENATOR ROBACH:   Yes, 

11   Mr. President, there's an amendment at the desk.  

12   I waive the reading of the amendment and ask that 

13   Senator Gallivan be recognized to be heard on the 

14   amendment, please.

15                ACTING PRESIDENT BAILEY:   Thank 

16   you, Senator Robach.

17                Upon review of the amendment, in 

18   accordance with Rule 6, Section 4B, I rule it 

19   nongermane and out of order at this time.

20                SENATOR ROBACH:   Accordingly, I 

21   appeal the ruling of the chair, Mr. President, 

22   and ask that Senator Gallivan be recognized on 

23   the amendment.

24                ACTING PRESIDENT BAILEY:   The 

25   appeal has been made and recognized, and Senator 


                                                               2389

 1   Gallivan may be heard.

 2                SENATOR GALLIVAN:   Thank you, 

 3   Mr. President.

 4                The amendment is germane as it seeks 

 5   to end the bill-in-chief's continuation of laws 

 6   and policies enacted in the last year and a half 

 7   that have favored offenders over the law-abiding 

 8   New Yorkers and communities that have entrusted 

 9   us with their safety.  

10                When we see and hear violent 

11   criminals walking free only to reoffend time and 

12   time again -- when we hear a repeat offender 

13   asking "How could they release someone like me?  

14   What were they thinking?" -- when we hear 

15   cheering when cop killers are released from 

16   prison -- when we see looters and arsonists 

17   destroying businesses and private properties -- a 

18   one-year-old shot dead in the midst of rising 

19   violence across the state, more shootings, more 

20   killings, more violence, more victimization in 

21   our neighborhoods and communities and the bloody 

22   faces of police officers who are standing up to 

23   protect others -- it's time to stop the madness.  

24                It's time to change direction, it's 

25   time for us to do what the Governor calls our 


                                                               2390

 1   most fundamental responsibility:  Protect our 

 2   people.  

 3                In order to protect our people, in 

 4   order to protect our constituents, our 

 5   communities, we must protect our protectors.  We 

 6   must protect the very law enforcers that we 

 7   charge with the responsibility of protecting our 

 8   loved ones and our communities.  

 9                Our amendment does just that.  Our 

10   law enforcement protection package is designed to 

11   better protect law enforcement officers and 

12   increase penalties for those who commit crimes 

13   against police officers.  We increase penalties 

14   for assault upon a police officer, we not do not 

15   allow hate crimes against a police officer, we 

16   make it a felony to commit aggravated harassment 

17   against a police officer, making false 

18   accusations against a police officer, stalking a 

19   police officer.  And we make May 15th of each 

20   year a state holiday in honor of the more than 

21   1500 police officers killed in the line of duty 

22   in New York State.  

23                We do this not just for them, we do 

24   it for all of us -- for our families, for our 

25   constituents, for our communities -- for the 


                                                               2391

 1   simple yet most significant reason.  If the 

 2   police aren't safe, we're not safe.  Police 

 3   officers cannot protect us if we cannot protect 

 4   them.  

 5                Law enforcement officers have one of 

 6   the most difficult jobs in society and often face 

 7   life and death situations.  The vast majority of 

 8   these men and women are dedicated public servants 

 9   committed to protecting our communities.  This 

10   legislation provides additional support to police 

11   officers, sheriff's deputies, correction officers 

12   and others.  And at the same time, it also holds 

13   those individuals who target law enforcement 

14   officers or interfere with their ability to 

15   protect us, it holds them accountable for their 

16   actions.

17                I ask my colleagues in the Majority 

18   to help us protect our protectors and our 

19   communities by passing this package of bills.  

20   And I ask you, Mr. President, for the reasons 

21   stated to rule this amendment germane and help us 

22   fulfill our most fundamental responsibility, to 

23   protect our people.

24                ACTING PRESIDENT BAILEY:   Thank 

25   you, Senator Gallivan.  


                                                               2392

 1                I want to remind the house that the 

 2   vote is on the procedures of the house and the 

 3   ruling of the chair.  

 4                Those in favor of overruling the 

 5   chair signify by saying aye.

 6                (Response of "Aye.")

 7                SENATOR ROBACH:   Mr. President, 

 8   request a show of hands.

 9                ACTING PRESIDENT BAILEY:   Without 

10   objection, so ordered.

11                SENATOR GIANARIS:   Mr. President, 

12   by unanimous consent, we've agreed to waive the 

13   showing of hands and record each member of the 

14   Minority in the affirmative on this vote.

15                ACTING PRESIDENT BAILEY:   Without 

16   objection, so ordered.

17                Announce the results.

18                THE SECRETARY:   Ayes, 20.  

19                ACTING PRESIDENT BAILEY:   The 

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

21   is before the house.

22                Read the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BAILEY:   Call the 


                                                               2393

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BAILEY:   Senator 

 4   Benjamin to explain his vote.

 5                SENATOR BENJAMIN:   Thank you, 

 6   Mr. President.

 7                I rise because this bill is so 

 8   important and at this time as we are talking 

 9   about Black Lives Matter across the country, it's 

10   important to make sure that that is in law.

11                You know, I'm wearing this mask 

12   right now, it's a Black Lives Matter mask that I 

13   received in Harlem from Korey Wise.  Korey Wise 

14   is a member of the Exonerated 5, but he is known 

15   to some who remember 1989 as a member of the 

16   Central Park 5.  And those were five individuals 

17   who were wrongly convicted of a crime they didn't 

18   commit.

19                And a few weeks ago he gave me this 

20   mask and he said, "Senator, I want you to do 

21   something real with it."  And I found it 

22   interesting that he said that to me, because at 

23   that time, you know, we were only able to elbow 

24   bump because couldn't hug, but it was such an 

25   emotional moment.  But I found it interesting 


                                                               2394

 1   because at that moment we had -- did a couple of 

 2   Black Lives Matter murals, we did some marches.  

 3   Juneteenth had occurred.  And so I wondered why 

 4   he said "Do something with it." 

 5                And it occurred to me that what he 

 6   was telling me was the marches and the murals and 

 7   the symbolic things are great, but if you don't 

 8   pass real laws that impact black lives, it's not 

 9   for much.

10                And so I'm honored to be here today 

11   under that spirit to pass a bill that would 

12   basically say for anyone who is convicted of a 

13   marijuana offense before 1977 -- I'm going to get 

14   to the other side's comments in a second -- 

15   before 1977, for less than two ounces of 

16   marijuana, that your record would be expunged.

17                A number of these individuals are3 

18   now in their 60s, 70s.  Some of them still have 

19   an old offense hanging over their head.  And oh, 

20   by the way, these are law-abiding citizens.  I 

21   found the language very interesting when Brother 

22   Gallivan, who I have a lot of respect for, said 

23   that we're tired of laws that favor offenders 

24   over law-abiding citizens.  

25                I would submit to him that someone 


                                                               2395

 1   who might have committed a marijuana offense, 

 2   whether they had the marijuana in their pocket or 

 3   it was in public view, small amounts, previous to 

 4   1977 -- by the way, I'm 43 years old.  I was born 

 5   in 1976, so that's 40-plus years ago.  Those 

 6   people have reintegrated back into society, are 

 7   paying their taxes, raising families.  I think 

 8   that they're law-abiding citizens.  

 9                And maybe they made a mistake in the 

10   1970s or the 1960s -- or the 1950s, I don't 

11   know -- but they deserve a right to be 

12   reintegrated back into society and not have these 

13   small offenses hanging over their heads, 

14   particularly in a time like now where we have so 

15   many people who have lost their jobs trying to 

16   get back into society, some of them are 

17   struggling to make ends meet, and yet you're 

18   going to interview for a job and you have an old 

19   offense hanging over your head.  

20                So I feel very strongly that bills 

21   like this are the kinds of things we should be 

22   doing in the Majority.

23                Now, let me say for a second on the 

24   law enforcement piece that the other side has 

25   brought up.  I believe strongly that there is a 


                                                               2396

 1   role for law enforcement in public safety.  I 

 2   don't think there's anyone who doesn't believe 

 3   there's a role for law enforcement in public 

 4   safety.  I think the issue is that that's not the 

 5   only role in public safety.  We have to have a 

 6   community-based approach where law enforcement is 

 7   a part of the conversation, but not the only 

 8   conversation we turn to when there are issues in 

 9   our community.

10                And so let's be very clear:  

11   Everyone who was arrested for a marijuana 

12   conviction before 1977 deserves the right to be a 

13   part of society today in a way where they don't 

14   have to continuously have hanging over their head 

15   a mistake they might have made over 40 years ago.  

16   Over 40 years ago.  

17                I am stunned that my colleagues are 

18   providing hostile amendments to a bill like this, 

19   because don't we say people deserve a second 

20   chance?  I thought that was part of what we 

21   believed in.  And I don't know what's so 

22   offensive about saying that if someone had been 

23   arrested for a marijuana offense over 

24   40-plus years ago and they have been good 

25   citizens since, that we can't expunge their 


                                                               2397

 1   records.  So maybe someone could explain it to 

 2   me, because I'm a little confused.

 3                I believe in providing people with 

 4   an opportunity to move forward in life, not have 

 5   petty offenses -- a lot of children, you know, 

 6   they smoke marijuana, you know.  We're going to 

 7   now say that you're now 67 years old, this is 

 8   going to hang over your head?  I don't think so.

 9                I want to thank you, Mr. Chair, for 

10   your earlier bill last year that created the 

11   standard that expunged marijuana convictions of 

12   all those from 1977 forward.  And I'm honored to 

13   carry the companion bill that covers those before 

14   that period.

15                So I want to thank our leader, 

16   Andrea Stewart-Cousins, for allowing this bill to 

17   the floor.  I want to thank you for allowing this 

18   through committee.  And I want to thank my 

19   colleagues for listening to my comments.

20                And to all of those who have had 

21   these records hanging over your head for decades 

22   and decades and decades, know that the New York 

23   State Senate has stepped up to your defense and, 

24   when we say Black Lives Matter, these are the 

25   kinds of things that we believe in.


                                                               2398

 1                Thank you.

 2                ACTING PRESIDENT BAILEY:   Senator 

 3   Benjamin to be recorded in the affirmative.

 4                Senator Akshar to explain his vote.

 5                SENATOR AKSHAR:   Mr. President, 

 6   thank you.  

 7                I too have a mask.  And I got this 

 8   mask from a member of law enforcement that was 

 9   searching for support from elected officials, 

10   because he didn't feel like that was happening 

11   right now.

12                And, you know, I listened intently 

13   as to what Senator Benjamin was saying.  I think 

14   it's very clear, Senator, that members of 

15   law enforcement are simply seeking an environment 

16   in which they can go out and do the job that we 

17   have asked them to do, and currently that is not 

18   happening.  

19                They want to be provided an 

20   opportunity to simply go out and do their job, 

21   and rather, quite frankly, than be disparaged and 

22   vilified by people in this building and people in 

23   City Hall.  That is -- that is -- that is 

24   happening.  That is fact.  And we could argue 

25   that all day.  


                                                               2399

 1                And I heard the points that you 

 2   made.  I think they're very valid points.  But I 

 3   rise -- of course I won't be supporting this 

 4   bill, but I rise to make a very clear point that 

 5   I too have a mask, and I was given it by somebody 

 6   who wants to be supported.  And quite frankly, 

 7   part of the conversation that you just had was 

 8   about law enforcement does in fact play a role.  

 9   I think we could help law enforcement if in fact 

10   people in this building and people at City Hall 

11   would at least afford them an opportunity to have 

12   a seat at the table and be part of those 

13   conversations.

14                So, Mr. President, while I respect 

15   the sponsor of the bill, I'll be voting no.  

16                Thank you.

17                ACTING PRESIDENT BAILEY:    

18   Senator Akshar to be recorded in the negative.

19                Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar 867, those Senators voting in the 

22   negative are Senators Akshar, Amedore, Borrello, 

23   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

24   Lanza, LaValle, O'Mara, Ortt, Ranzenhofer, 

25   Ritchie, Robach, Serino, Seward and Tedisco.


                                                               2400

 1                Ayes, 41.  Nays, 19.

 2                ACTING PRESIDENT BAILEY:   The bill 

 3   is passed.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Next, 

 6   Mr. President, let's take up Calendar 797.

 7                ACTING PRESIDENT BAILEY:   The 

 8   Secretary will ring the bell.

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   797, Senate Print 6502A, by Senator Serrano, an 

12   act to amend the Environmental Conservation Law.

13                SENATOR O'MARA:   Mr. President, 

14   would the sponsor provide an explanation of this 

15   bill.

16                ACTING PRESIDENT BAILEY:   Senator 

17   O'Mara is requesting an explanation, Senator 

18   Kaminsky.

19                SENATOR KAMINSKY:   Thank you, 

20   Mr. President.  Although I'm not the sponsor of 

21   the bill, I'm standing in for Senator Serrano 

22   today.

23                This bill would ban the use of 

24   glyphosate, commonly known in its commercial form 

25   as Roundup, on state properties by state 


                                                               2401

 1   officials.

 2                SENATOR O'MARA:   Through you, 

 3   Mr. President, will the Senator yield for some 

 4   questions?  

 5                SENATOR KAMINSKY:   Yes.

 6                ACTING PRESIDENT BAILEY:   Does the 

 7   sponsor yield?  The sponsor yields.

 8                SENATOR O'MARA:   Banning the use of 

 9   glyphosate, which is the most-used weedkiller -- 

10   most effective weedkiller, particularly on 

11   invasive species.  And the alternatives can 

12   result in harsher chemicals being used, requiring 

13   manual labor to remove vegetation along highways.  

14                Does the sponsor -- has the sponsor 

15   done any studies about what the fiscal impact of 

16   this will be to the state of not being able to 

17   use glyphosate?  

18                SENATOR KAMINSKY:   Through you, 

19   Mr. President.  There is extensive evidence about 

20   the very harmful nature of glyphosate, its impact 

21   as a cancer-causing chemical, so much so that its 

22   manufacturer settled an $11 billion settlement 

23   paying out victims for doing so.

24                The direct answer to my colleague's 

25   question is that we have asked different agencies 


                                                               2402

 1   to give us their particular costs, and that's 

 2   been a very elusive number to get at, because of 

 3   course it depends on what they replace it with.

 4                There are a number of safer organic 

 5   alternatives, but this bill does give them a year 

 6   from its signature for them to decide and figure 

 7   that out.  There may be places where they'll need 

 8   to use one chemical versus another; one may be 

 9   more expensive, one may be less.  

10                But we also don't have a handle on a 

11   different number, and that number is the health 

12   impact of this on so many different people.  We 

13   know if you are around this chemical for a period 

14   of time, you can get very sick, perhaps fatally 

15   ill.  What is the cost of that?  What is the cost 

16   of the hospital fees associated with that, the 

17   medical treatments, the loss of labor, the 

18   lawsuits paid out by the state and other actors?  

19   That's incalculable.  

20                And I think that we need to start 

21   with the position that we don't want to get 

22   people sick, we've got to figure out an 

23   alternative, we give time to do that.  And we 

24   think that state lands are a great place to have 

25   this take impact.  


                                                               2403

 1                I know my colleague would 

 2   strenuously object if this was put on all of the 

 3   citizens and farmers of the state, and that's not 

 4   how this is proceeding.  This is proceeding to 

 5   have the state be the responsible steward to 

 6   figure out how this will work, and that makes a 

 7   lot of sense to me.

 8                SENATOR O'MARA:   Will the sponsor 

 9   yield for a question?

10                SENATOR KAMINSKY:   Yes.

11                ACTING PRESIDENT BAILEY:   Does the 

12   sponsor yield?  The sponsor yields.  

13                SENATOR O'MARA:   Has the sponsor 

14   done any scientific reviews of itself, or has 

15   New York State itself, DEC or any other agency, 

16   done its own independent studies of glyphosate?

17                SENATOR KAMINSKY:   I don't believe 

18   the state has done so, but there are myriad 

19   studies done in various journals and that are -- 

20   for example, the International Agency for 

21   Research on Cancer classified glyphosate as a 

22   probable human carcinogen in 2015.  The U.S. 

23   Department of Health and Human Services 

24   determined in 2019 that glyphosate is linked to 

25   cancer, developmental defects, kidney function 


                                                               2404

 1   and other adverse health impacts.  And of course 

 2   Roundup itself settled for $11 billion instead of 

 3   saying, What do you mean, we don't really do 

 4   anything wrong.  

 5                And it should also be noted that 

 6   California listed glyphosate as a carcinogen in 

 7   2018, and a number of public agencies there have 

 8   also banned its use.  

 9                So the direct answer to your 

10   question is DEC has not done its own study, but 

11   this is not a slender reed to lean upon; there 

12   are many very valid studies that call highly into 

13   question the continued use of Roundup and very 

14   strongly suggest we should be going as far away 

15   from it as we can as soon as we can.  

16                SENATOR O'MARA:   The IARC --

17                ACTING PRESIDENT BAILEY:   Senator 

18   O'Mara, are you on the bill or still asking the 

19   sponsor to yield?

20                SENATOR O'MARA:   No, will the 

21   sponsor yield for another question.

22                ACTING PRESIDENT BAILEY:   Will the 

23   sponsor yield?  Does the sponsor yield?

24                SENATOR KAMINSKY:   Yes.

25                ACTING PRESIDENT BAILEY:   The 


                                                               2405

 1   sponsor yields.

 2                SENATOR O'MARA:   The IARC, the 

 3   Committee on Cancer Research, are you aware that 

 4   that is part of the World Health Organization?  

 5                SENATOR KAMINSKY:   Yes.

 6                SENATOR O'MARA:   And are you aware 

 7   that the World Health Organization is not a 

 8   regulatory body?

 9                SENATOR KAMINSKY:   Through you, 

10   Mr. President.  I mean, they may not make rules 

11   directly applicable to agencies, but they 

12   certainly are the major health organization 

13   providing guidance for countries all over the 

14   world.  So I don't take any less validity from 

15   their studies and their report.

16                SENATOR O'MARA:   Through you, 

17   Mr. President, if the sponsor will yield for 

18   another question.

19                SENATOR KAMINSKY:   Yes.

20                ACTING PRESIDENT BAILEY:   Does the 

21   sponsor yield?  The sponsor yields.

22                SENATOR O'MARA:   Are you familiar 

23   with an IARC committee member by the name of 

24   Chris Portier?

25                SENATOR KAMINSKY:   I am not.


                                                               2406

 1                SENATOR O'MARA:   Are you familiar 

 2   or are you aware that this Chris Portier, who is 

 3   a member of the IARC committee, was working with 

 4   U.S. law firms bringing these lawsuits against 

 5   producers of glyphosate?  Were you aware of that?

 6                SENATOR KAMINSKY:   Through you, 

 7   Mr. President, I am not aware of that.  But I 

 8   want to make clear that today's bill is not 

 9   depending upon any one particular study, any one 

10   particular report.  

11                This has been tested for a very long 

12   time.  I don't think it is fair to say, nor would 

13   I subscribe for a minute to a conspiracy theory 

14   that somebody on a particular board was able to 

15   weasel in and get a particular result from a 

16   particular study and therefore the State of 

17   New York should no longer use Roundup on its 

18   land.

19                There have been a lot of people for 

20   a long time who have been getting sick as a 

21   result of that -- so much so that the company 

22   itself is giving them $11 billion.  So much so 

23   that the State of California took action.  So 

24   much so that there have been, you know, many 

25   other studies over time.  


                                                               2407

 1                So I do not think that one 

 2   particular member who may have or may not have 

 3   had a conflict on a particular study calls 

 4   today's bill into question.

 5                SENATOR O'MARA:   Will the sponsor 

 6   yield?

 7                SENATOR KAMINSKY:   Yes.

 8                ACTING PRESIDENT BAILEY:   Does the 

 9   sponsor yield?  The sponsor yields.

10                SENATOR O'MARA:   Would it surprise 

11   you to learn that this Chris Portier, at the time 

12   the World Health Organization came out with its 

13   findings, was already working with U.S. law firms 

14   and later he served as an expert witness in those 

15   lawsuits?  

16                SENATOR KAMINSKY:   I would be 

17   surprised.

18                SENATOR O'MARA:   Well, would that 

19   give you rise and cause for concern on the 

20   accuracy of those findings by the World Health 

21   Organization?  

22                SENATOR KAMINSKY:   Mr. President, 

23   not having seen this or being able to look into 

24   this, I'm not sure.

25                I know -- I know right now, just 


                                                               2408

 1   speaking generally, I think there are a lot of 

 2   conspiracy theories going around trying to 

 3   undermine public health organizations and what 

 4   they say Americans and citizens around the world 

 5   should do to protect their health.  And I think 

 6   it's very deleterious, and we should be doing our 

 7   best to listen to our public health authorities, 

 8   but I cannot draw that conclusion.

 9                SENATOR O'MARA:   Will the sponsor 

10   yield for a question?

11                ACTING PRESIDENT BAILEY:   Does the 

12   sponsor yield?

13                SENATOR KAMINSKY:   Yes.

14                ACTING PRESIDENT BAILEY:   The 

15   sponsor yields.

16                SENATOR O'MARA:   Would you put more 

17   reliance on the World Health Organization or on 

18   the National Cancer Institute here in America?

19                SENATOR KAMINSKY:   I can't answer 

20   that question in a vacuum.  I need to evaluate 

21   both of their studies and the claims made and ask 

22   independent researchers.  

23                But I know that in a 2018 

24   agricultural study that I think you're referring 

25   to is what -- is what you're referring to.  But I 


                                                               2409

 1   do want to point out that that same 2018 

 2   agricultural study did find an increased risk 

 3   between leukemia and glyphosate exposure, 

 4   non-Hodgkin's lymphoma.  So if you are referring 

 5   to that report itself, I think that provides the 

 6   very evidence for the spirit behind this 

 7   legislation.

 8                SENATOR O'MARA:   Well, referring -- 

 9   through you, Mr. President.  

10                ACTING PRESIDENT BAILEY:   Are you 

11   asking the sponsor to yield, Senator O'Mara?  

12                SENATOR O'MARA:   If the sponsor 

13   will yield, Mr. President.

14                ACTING PRESIDENT BAILEY:   Does the 

15   sponsor yield?

16                SENATOR KAMINSKY:   Yes.

17                ACTING PRESIDENT BAILEY:   The 

18   sponsor yields.

19                SENATOR O'MARA:   In that study 

20   published in the Journal of the National Cancer 

21   Institute, entitled "Glyphosate Use and Cancer 

22   Incidence in the Agricultural Health Study," in 

23   2018, three years after the World Health 

24   Organization came out with their baseless 

25   findings, they note in this that "A previous 


                                                               2410

 1   evaluation in the Agricultural Health Study, with 

 2   follow-up through 2001, found no statistically 

 3   significant associations with glyphosate use and 

 4   cancer at any site."

 5                They continue to describe the 

 6   methods and the results that they had, and their 

 7   conclusion states:  "In this large prospective 

 8   cohort study, no association was apparent between 

 9   glyphosate and any solid tumors or lymphoid 

10   malignancies overall."

11                Are you aware of that report?  

12                SENATOR KAMINSKY:   Through you, 

13   Mr. President.  I am aware of that report.  

14                And I do want to point out those 

15   same results say the following:  "However, among 

16   applicators in the highest-exposure quartile, 

17   there was an increased risk of acute myeloid 

18   leukemia," which I think should be disturbing to 

19   all of us.  

20                SENATOR O'MARA:   In this 

21   legislation it bans the use of glyphosate on any 

22   state lands?

23                SENATOR KAMINSKY:   Uh --

24                ACTING PRESIDENT BAILEY:   One 

25   second.  Senator O'Mara -- 


                                                               2411

 1                SENATOR O'MARA:   Will the sponsor 

 2   yield?

 3                ACTING PRESIDENT BAILEY:   Does the 

 4   sponsor yield?  Just -- does the sponsor yield?

 5                SENATOR KAMINSKY:   Yes.

 6                ACTING PRESIDENT BAILEY:   The 

 7   sponsor yields.

 8                SENATOR KAMINSKY:   I can answer 

 9   that, Mr. President.

10                The state-owned properties do not 

11   include easements.

12                SENATOR O'MARA:   Do not include 

13   conservation easements?

14                SENATOR KAMINSKY:   Correct.

15                SENATOR O'MARA:   Is that what you 

16   mean?  

17                SENATOR KAMINSKY:   Through you, 

18   Mr. President, correct.

19                SENATOR O'MARA:   Through you, 

20   Mr. President, will the sponsor yield? 

21                ACTING PRESIDENT BAILEY:   Will the 

22   sponsor yield?

23                SENATOR KAMINSKY:   Yes.

24                ACTING PRESIDENT BAILEY:   The 

25   sponsor yields.


                                                               2412

 1                SENATOR O'MARA:   Does it apply to 

 2   state-owned forestland that is managed by private 

 3   companies?

 4                SENATOR KAMINSKY:   Through you, 

 5   Mr. President, only if the state is performing 

 6   the application, or its subcontractors or 

 7   contractors are performing the application.

 8                SENATOR O'MARA:   Through you, 

 9   Mr. President.

10                ACTING PRESIDENT BAILEY:   Does the 

11   sponsor yield for a question?  

12                SENATOR KAMINSKY:   Yes.

13                ACTING PRESIDENT BAILEY:   The 

14   sponsor yields.

15                SENATOR O'MARA:   So on state 

16   forestland, then, that may be managed or leased 

17   by a lumber company, timber company, they can 

18   continue to use glyphosate on those state lands?  

19                SENATOR KAMINSKY:   Through you, 

20   Mr. President, in that scenario, yes.  As long as 

21   they were not contracted by the state to be the 

22   pesticide applicator at that property.

23                SENATOR O'MARA:   Through you, 

24   Mr. President -- 

25                ACTING PRESIDENT BAILEY:   Does the 


                                                               2413

 1   sponsor yield for a question?  

 2                SENATOR KAMINSKY:   Yes.

 3                ACTING PRESIDENT BAILEY:   The 

 4   sponsor yields.

 5                SENATOR O'MARA:   Can you direct me 

 6   in the legislation where that is spelled out?

 7                SENATOR KAMINSKY:   Through you, 

 8   Mr. President, just one moment.

 9                Through you, Mr. President.  Does 

10   the colleague have in front of him the bill?  I 

11   refer him to Section 1, lines 3 through 5, where 

12   it specifically says -- references the language 

13   of "applicator employed thereby" or "contractor."

14                SENATOR O'MARA:   But it doesn't 

15   specify -- through you, Mr. President.

16                ACTING PRESIDENT BAILEY:   Will the 

17   sponsor yield?

18                SENATOR KAMINSKY:   Yes.

19                ACTING PRESIDENT BAILEY:   The 

20   sponsor yields.

21                SENATOR O'MARA:   It does not 

22   specify or make clear that a private entity doing 

23   forest management on state land can use -- 

24   continue to use glyphosate.

25                SENATOR KAMINSKY:   Through you, 


                                                               2414

 1   Mr. President, I believe it makes it pretty 

 2   clear.  It says "a contractor or subcontractor," 

 3   which would by definition be private, and it --

 4                SENATOR O'MARA:   Through you, 

 5   Mr. President.

 6                ACTING PRESIDENT BAILEY:   Will the 

 7   sponsor yield?

 8                SENATOR KAMINSKY:   Yes.

 9                ACTING PRESIDENT BAILEY:   The 

10   sponsor yields for a question.

11                SENATOR O'MARA:   Will this bill 

12   preclude the use of glyphosate on SUNY campuses?

13                SENATOR KAMINSKY:   Through you, 

14   Mr. President.  If SUNY employees are using 

15   Roundup, yes, it would.

16                SENATOR O'MARA:   Through you, 

17   Mr. President.

18                ACTING PRESIDENT BAILEY:   Will the 

19   sponsor yield for a question?  

20                SENATOR KAMINSKY:   Yes.

21                ACTING PRESIDENT BAILEY:   The 

22   sponsor yields.

23                SENATOR O'MARA:   Has the sponsor 

24   received any input from SUNY, particularly the 

25   agricultural schools -- Cornell College of Ag and 


                                                               2415

 1   Life Sciences, Morrisville, Cobleskill, or 

 2   Alfred -- on their input with regard to banning 

 3   glyphosate on their campuses in their 

 4   agricultural activities?  

 5                SENATOR KAMINSKY:   Mr. President, 

 6   no.

 7                SENATOR O'MARA:   Through you, 

 8   Mr. President.

 9                ACTING PRESIDENT BAILEY:   Does the 

10   sponsor yield for a question?  

11                SENATOR KAMINSKY:   Yes.

12                ACTING PRESIDENT BAILEY:   The 

13   sponsor yields.

14                SENATOR O'MARA:   Would it -- since 

15   you don't know that, would it surprise you to 

16   know that the farm manager of SUNY Morrisville 

17   desires to continue the use of glyphosate in its 

18   agricultural activities and states that "It would 

19   force us to use more dangerous chemistries for 

20   weed control, and in some case lose crop yields 

21   if we cannot spray them"?  

22                SENATOR KAMINSKY:   Yes, that would 

23   surprise me. 

24                SENATOR O'MARA:   Yet the sponsor of 

25   this explanation didn't bother to reach out and 


                                                               2416

 1   ask SUNY what their position was on this.  

 2                ACTING PRESIDENT BAILEY:   Through 

 3   you, Mr. President, is that a -- excuse me.  

 4   Through you, Mr. President.  

 5                Senator O'Mara, is that a question 

 6   or a rhetorical statement?  Are you asking the 

 7   sponsor to yield?

 8                SENATOR O'MARA:   I'm asking the 

 9   sponsor to yield for a question.  

10                ACTING PRESIDENT BAILEY:   Will the 

11   sponsor yield for a question?

12                SENATOR KAMINSKY:   Yes.

13                ACTING PRESIDENT BAILEY:   The 

14   sponsor yields.  

15                SENATOR O'MARA:   So the sponsor in 

16   the Senate has not asked SUNY for their input, 

17   the agricultural schools, on this legislation.

18                SENATOR KAMINSKY:   Through you, 

19   Mr. President.  My understanding, speaking 

20   through Senate Majority staff -- obviously I'm 

21   not the sponsor of the bill -- is that those 

22   conversations did not take place.

23                SENATOR O'MARA:   Those 

24   conversations did not take place?  

25                SENATOR KAMINSKY:   Correct, did not 


                                                               2417

 1   take place.

 2                SENATOR O'MARA:   Through you, 

 3   Mr. President.

 4                ACTING PRESIDENT BAILEY:   Will the 

 5   sponsor yield for a question?

 6                SENATOR KAMINSKY:   Yes.

 7                ACTING PRESIDENT BAILEY:   The 

 8   sponsor yields.

 9                SENATOR O'MARA:   What about 

10   situations of farmland that may be state land 

11   leased by a farmer and conducting farming 

12   activities?  Can they continue to use glyphosate?  

13                SENATOR KAMINSKY:   Through you, 

14   Mr. President, yes, they can.

15                SENATOR O'MARA:   And as -- through 

16   you, Mr. President.

17                SENATOR KAMINSKY:   I yield.

18                SENATOR O'MARA:   Is that specified 

19   in the legislation?  

20                SENATOR KAMINSKY:   Through you, 

21   Mr. President, I think we could continue to have 

22   the same back and forth.  But yes, I believe that 

23   the language that we referenced previously makes 

24   that clear, and I'm making it clear now as well.

25                SENATOR O'MARA:   Through you, 


                                                               2418

 1   Mr. President, could I ask him a question?  

 2                ACTING PRESIDENT BAILEY:   Are you 

 3   asking the sponsor to yield?  

 4                SENATOR O'MARA:   Yes.

 5                ACTING PRESIDENT BAILEY:   Will the 

 6   sponsor yield?

 7                SENATOR KAMINSKY:   Yes.

 8                ACTING PRESIDENT BAILEY:   The 

 9   sponsor yields.

10                SENATOR O'MARA:   Are you familiar 

11   with a Bloomberg Law Environment and Energy 

12   Report entitled "Invasive Weed Creep Spurs 

13   Concern over Roundup Bans," from February of 

14   2019?  

15                SENATOR KAMINSKY:   Through you, 

16   Mr. President, no, specifically I am not.

17                SENATOR O'MARA:   Through you, 

18   Mr. President, if the sponsor will yield.

19                ACTING PRESIDENT BAILEY:   Will the 

20   sponsor yield?

21                SENATOR KAMINSKY:   Yes.

22                ACTING PRESIDENT BAILEY:   The 

23   sponsor yields.

24                SENATOR O'MARA:   Is the sponsor 

25   aware that cited in that article, and quoted, is 


                                                               2419

 1   a Brendan Quirion, an invasive species specialist 

 2   with The Nature Conservancy, the largest 

 3   conservancy advocacy group in the world, who says 

 4   that "As it stands, glyphosate is really the best 

 5   tool we have for fighting invasive plants"?  

 6                Then he goes on to further say:  "I 

 7   think we need to fully consider both the 

 8   ecological and societal impacts of not having 

 9   this tool."

10                Are you familiar with The Nature 

11   Conservancy's position on this?  

12                SENATOR KAMINSKY:   Through you, 

13   Mr. President, I am.

14                I know that this does not apply to 

15   The Nature Conservancy.  

16                And I think that we should all be 

17   doing our best to find safer alternatives.  I 

18   think this gives us the time to do that.  I think 

19   the state is a great place to begin the hard work 

20   of doing that.

21                I have no doubt that Roundup is 

22   highly effective.  I have no doubt it's much 

23   easier for people to use.  I have no doubt it 

24   will change the way that farmers, groundskeepers, 

25   all types of stewards of our land who are 


                                                               2420

 1   responsible for getting rid of invasive species 

 2   and killing weeds and protecting dams and doing 

 3   many things want to use.  

 4                But the evidence that it likely 

 5   causes cancer should make us all pivot and want 

 6   to use other materials that are less toxic, 

 7   hopefully less expensive, and we've got to be 

 8   moving in that direction.  

 9                So I have no doubt that this should 

10   cause concern, but there should also be a lot of 

11   concern that the study that you cite says it 

12   causes leukemia.  Right?  I mean --

13                SENATOR O'MARA:   It says there is 

14   some evidence.  It doesn't conclude that it 

15   causes cancer.

16                SENATOR KAMINSKY:   Okay.  But I 

17   just want us to pause for a minute and step back 

18   a little bit and say, Oh, my gosh, something is 

19   linked to leukemia.  Maybe we should run away 

20   from it as fast as we can, because leukemia is 

21   awful and we want to do our best to protect 

22   public health.  And think of all the people out 

23   there who don't have the option whether or not to 

24   be exposed to this chemical.  Right?  For every 

25   person who sprays it, there are other people who 


                                                               2421

 1   walk around it, who breathe it, who play ball in 

 2   those fields, who run through those fields as 

 3   children.  

 4                So I'd like to think that we could 

 5   take progressive steps to get at those same 

 6   problems.  No one is saying that invasive species 

 7   is something to sneeze at.  It's a very big 

 8   problem in our state.  And we are taking action 

 9   to deal with it.  And no one is saying that 

10   having the state spend an extra million here, a 

11   million there is not a problem, especially now.  

12   These are all issues.  

13                But we've got to be able to walk and 

14   chew gum at the same time, as Mr. President likes 

15   to say.  We have to be able to use chemicals that 

16   do the trick without harming human health, and 

17   that's what this is all about today.

18                SENATOR O'MARA:   Through you, 

19   Mr. President, will the sponsor yield?

20                SENATOR KAMINSKY:   Yes.

21                ACTING PRESIDENT BAILEY:   Does the 

22   sponsor yield?  The sponsor yields for a 

23   question.

24                SENATOR O'MARA:   Senator, are you 

25   aware of the U.S. Environmental Protection 


                                                               2422

 1   Agency's findings on the use of glyphosate?

 2                SENATOR KAMINSKY:   Yes, 

 3   Mr. President.

 4                SENATOR O'MARA:   Through you, 

 5   Mr. President.

 6                ACTING PRESIDENT BAILEY:   Will the 

 7   sponsor yield for a question?

 8                SENATOR KAMINSKY:   Yes.

 9                ACTING PRESIDENT BAILEY:   The 

10   sponsor yields.  

11                SENATOR O'MARA:   Are you aware that 

12   in January of 2020 that the EPA determined that 

13   the most widely used weedkiller in the 

14   United States is not a carcinogen and, further, 

15   that the EPA has concluded there are no risks of 

16   concern to human health when glyphosate is used 

17   according to the label and that it is not a 

18   carcinogen?  

19                And this was directly reaffirming a 

20   2018 study, the -- the -- I believe from the one 

21   we referenced earlier, from the Agricultural 

22   Health Study, and references and took into 

23   consideration this World Health Organization 

24   finding.  Are you aware of the EPA's position?  

25                SENATOR KAMINSKY:   Through you, 


                                                               2423

 1   Mr. President, this is an EPA that at best, at 

 2   best is silently complicit in the poisoning of 

 3   millions of Americans already at this time.  

 4   That's done nothing to ban toxic chemicals, that 

 5   lets lobbyists into their midst at any time.  

 6                The memos for this particular study 

 7   show that Monsanto was involved in influencing 

 8   it.  This is an EPA that doesn't believe in 

 9   fighting global warming, an EPA that hasn't 

10   banned a dangerous chemical, many that have been 

11   studied for a long time.  

12                I place no weight in this EPA's 

13   response to this.  I think it's really sad that 

14   Americans who are counting on the government to 

15   protect them have no protection from this 

16   administration.

17                SENATOR O'MARA:   Through you, 

18   Mr. President, will the sponsor yield?

19                ACTING PRESIDENT BAILEY:   Does the 

20   sponsor yield?

21                SENATOR KAMINSKY:   Yes.

22                ACTING PRESIDENT BAILEY:   The 

23   sponsor yields for a question.  

24                SENATOR O'MARA:   Are you familiar 

25   with a report of the California County of Ventura 


                                                               2424

 1   from October of 2019 regarding the potential ban 

 2   of glyphosate in California?  

 3                SENATOR KAMINSKY:   Not 

 4   specifically.  Through you, Mr. President, not 

 5   specifically.

 6                SENATOR O'MARA:   Are you 

 7   familiar -- through you, Mr. President, if the 

 8   sponsor will yield.

 9                ACTING PRESIDENT BAILEY:   Will the 

10   sponsor yield?

11                SENATOR KAMINSKY:   Yes.

12                ACTING PRESIDENT BAILEY:   The 

13   sponsor yields.

14                SENATOR O'MARA:   Are you familiar 

15   with a study by the University of Massachusetts 

16   that's referenced in the County of Ventura report 

17   that using glyphosate to control weeds along 

18   roads costs about $20 per mile, and found that 

19   other alternatives varied in cost from $120 per 

20   mile to $4,000 per mile to do weed eradication?

21                SENATOR KAMINSKY:   I have seen 

22   similar studies.  There's also a new treatment 

23   called Milestone that has been found to have been 

24   safe and effective.  

25                I do think, though, there will have 


                                                               2425

 1   to be some readjustment and more creative 

 2   thinking and more collaboration in order to find 

 3   safer alternatives that are as effective and as 

 4   cheap.  But that is why the effective date on 

 5   this bill does not take place for another year.  

 6                And other California agencies have 

 7   reached a different conclusion.  Many have banned 

 8   this.  The state itself lists this as a known 

 9   carcinogen.  

10                So I don't -- I don't undercut your 

11   argument, Senator, that this is seen as 

12   inconvenient and costly at first, but I believe 

13   that's the reaction many times when change 

14   presents itself.  And I think we have to do 

15   better and we can find better things that are at 

16   the same cost.

17                SENATOR O'MARA:   Through you, 

18   Mr. President, will the sponsor yield? 

19                SENATOR KAMINSKY:   Yes.

20                ACTING PRESIDENT BAILEY:   Will the 

21   sponsor yield?  The sponsor agrees to yield.

22                SENATOR O'MARA:   This County of 

23   Ventura study further goes on to estimate that 

24   the manual removal of weeds would be 30 to 

25   40 times more expensive to eradicate weeds along 


                                                               2426

 1   the roads.  

 2                Has the sponsor done any 

 3   cost-benefit analysis of this legislation on what 

 4   the impact to the State of New York and its 

 5   taxpayers will be?

 6                SENATOR KAMINSKY:   Through you, 

 7   Mr. President, that was the first question that 

 8   the Senator asked previously:  Have you done a 

 9   study, what is this going to cost the state?  

10                As I said before, it's a moving 

11   target and it's impossible to do because the 

12   state would have to know what it's replacing its 

13   Roundup with, in how many instances, and whether 

14   they're the same or different agencies are going 

15   to do different things.  

16                So I think this bill will really 

17   force the state to take a hard look at what it's 

18   doing, to find the safest alternative.  And at 

19   that point we believe that the state certainly 

20   will not be at an exorbitant expense to get safer 

21   product.

22                And as I said previously, the cost 

23   of the state giving people leukemia is also 

24   something that's incalculable, that also costs a 

25   lot, through insurance, through hospital costs, 


                                                               2427

 1   through loss of productivity and all the other 

 2   terrible things that come with a family member 

 3   stricken with cancer, which should cause everyone 

 4   great alarm.  

 5                So I do not have a direct answer to 

 6   your question.  I understand what you are saying 

 7   very clearly.  This is not meant to cause the 

 8   state to have -- to take on a burden it cannot 

 9   undertake.  But we believe that there are safe 

10   alternatives and that it can manage to do this.

11                SENATOR O'MARA:   Through you, 

12   Mr. President, will the sponsor yield?  

13                ACTING PRESIDENT BAILEY:   Will the 

14   sponsor yield?

15                SENATOR KAMINSKY:   Yes.

16                ACTING PRESIDENT BAILEY:   The 

17   sponsor yields.

18                SENATOR O'MARA:   Are you familiar 

19   with the study and report that Health Canada did, 

20   I believe in 2018, regarding glyphosate?

21                SENATOR KAMINSKY:   No.  Through 

22   you, Mr. President, no.

23                SENATOR O'MARA:   Through you, 

24   Mr. President, will the sponsor yield.

25                ACTING PRESIDENT BAILEY:   Will the 


                                                               2428

 1   sponsor yield?

 2                SENATOR KAMINSKY:   Yes.

 3                ACTING PRESIDENT BAILEY:   The 

 4   sponsor yields for a question.

 5                SENATOR O'MARA:   So then I assume, 

 6   then, the sponsor is not aware that Health Canada 

 7   determined in that study that no pesticide 

 8   regulatory authority in the world currently 

 9   considers glyphosate to be a cancer risk to 

10   humans at the levels at which humans are 

11   currently exposed.

12                SENATOR KAMINSKY:   Through you, 

13   Mr. President, I don't know what Health Canada 

14   is.  I just know that's blatantly false.  I mean, 

15   we've already named organizations that have said 

16   the opposite here today.

17                SENATOR O'MARA:   On the bill, 

18   Mr. President.

19                ACTING PRESIDENT BAILEY:   Senator 

20   O'Mara on the bill.

21                SENATOR O'MARA:   Mr. President, I 

22   would urge a no vote on this bill.  It is not 

23   well thought out of what the cost benefits are of 

24   this legislation, what it will be to the state, 

25   what detriment it will have to our SUNY 


                                                               2429

 1   agricultural colleges.  It's not clear from the 

 2   language of the legislation what the impact will 

 3   be to state lands being forested or farmlands 

 4   being farmed, other than the sponsor saying that 

 5   it won't apply.

 6                The World Health Organization, who 

 7   has done such a bang-up job with coronavirus, is 

 8   the only entity that comes up saying it's a 

 9   probable carcinogen, when no other regulatory 

10   agency in the world has found that glyphosate is 

11   a carcinogen.  

12                The findings of the IARC of the 

13   World Health Organization are replete with a 

14   conflict of interest when a member of that 

15   committee was working for and in conjunction with 

16   lawsuits bringing litigation against 

17   manufacturers of glyphosate.

18                The World Health Organization looked 

19   only at data -- it didn't do its own study -- and 

20   made a conclusion in one week.  

21                The World Health Organization report 

22   was published in March of 2015.  After that 

23   report came out, which involved this Chris 

24   Portier who was working for plaintiff's law firms 

25   there, it was within six months of that report 


                                                               2430

 1   that plaintiff's law firms, ambulance chasers 

 2   started running advertisements about bringing 

 3   lawsuits against the producers of glyphosate.  A 

 4   clear conflict.  And that individual also worked 

 5   as an expert witness at those cases.

 6                The Agricultural Health Study from 

 7   2018:  No statistically significant associations 

 8   with glyphosate use and cancer at any site.  It's 

 9   reported in the Journal of the National Cancer 

10   Institute.

11                The EPA has looked at glyphosate for 

12   over 40 years.  In January of this year, they 

13   reaffirmed their decision and their findings that 

14   glyphosate, the most widely used weedkiller in 

15   the United States, is not a carcinogen.  That the 

16   EPA has concluded that there are no risks of 

17   concern to human health when glyphosate is used 

18   according to the label, and that it is not a 

19   carcinogen.  

20                The Health Canada, as I referenced 

21   earlier, is quoted as saying "Our scientists left 

22   no stone unturned in conducting this review.  

23   They had access to all relevant data and 

24   information from federal and provincial 

25   governments, international regulatory agencies, 


                                                               2431

 1   published scientific reports, and from multiple 

 2   pesticide manufacturers."  Health Canada utilized 

 3   a group of 20 of its own scientists, who were not 

 4   involved in their prior 2017 findings, which 

 5   reevaluated the concerns over glyphosate and 

 6   found that "No pesticide regulatory authority in 

 7   the world currently considers glyphosate to be a 

 8   cancer risk to humans at the levels at which 

 9   humans are currently exposed."

10                The Nature Conservancy, a leading 

11   organization to protect the environment, is very 

12   concerned about this because it is the most 

13   effective and sometimes only effective chemical 

14   to kill invasive species that are killing our 

15   native species, outperforming them, and that are 

16   downright dangerous to treat any other way.  

17   Giant hogweed, for example, causes burns to the 

18   skin if you come in contact with it.  Very 

19   significant.  Without glyphosate, our highway 

20   departments, our road crews will not be able to 

21   kill these plants and other invasive species that 

22   are invading our environment at a rapid pace.

23                And as I said, Brendan Quirion, an 

24   invasive species specialist with The Nature 

25   Conservancy, says "Glyphosate is really the best 


                                                               2432

 1   tool we have for fighting invasive plants, and I 

 2   think we need to fully consider both the 

 3   ecological and societal impacts of not having 

 4   this tool."

 5                SUNY Morrisville that I mentioned, I 

 6   have an email from a Shawn Bossard, the farm 

 7   manager of the dairy complex at SUNY Morrisville 

 8   Agricultural College.  "The Roundup ban on state 

 9   property could have real adverse effects for our 

10   ag school.  I really don't know if the research 

11   farm properties that Cornell owns are state-owned 

12   or not, but that could eliminate any research 

13   utilizing Roundup."

14                Yes, Cornell Agriculture and Life 

15   Sciences property is state-owned.

16                He's also concerned because SUNY 

17   Morrisville farms land owned by the state.  He 

18   states that "Roundup, glyphosate, is one of our 

19   key chemistries for weed control."  That they 

20   feel -- that he feels that the school will still 

21   need to be able to utilize the glyphosate for 

22   weed control and for crop protection.

23                It's clear that this sponsor of this 

24   legislation failed to do any investigation, any 

25   scientific review, any cost-benefit analysis of 


                                                               2433

 1   what this is going to cost us.

 2                I would further note that with these 

 3   plaintiff's law firms ratcheting up all these 

 4   cases, that there were two -- two plaintiff's 

 5   attorneys that started these litigations that 

 6   were indicted and convicted with a guilty plea of 

 7   federal extortion charges, trying to extort 

 8   chemical companies into settlements, demanding 

 9   over $200 million from the manufacturer.  These 

10   plaintiff's attorneys pled guilty.  These 

11   plaintiff's attorneys that were emboldened by a 

12   World Health Organization report that is rife 

13   with conflicts of interest and should not be 

14   relied upon.  

15                I strongly urge a no vote on this 

16   legislation.  Thank you, Mr. Speaker -- 

17   Mr. President.

18                ACTING PRESIDENT BAILEY:   Are there 

19   any other Senators wishing to be heard?  

20                Senator Kaminsky on the bill.

21                SENATOR KAMINSKY:   Thank you very 

22   much, Mr. President.

23                I just want to say a few things.  

24                First is I do -- now that I'm 

25   standing in his stead, I do want to thank Senator 


                                                               2434

 1   Serrano for his earnest and hard work on this 

 2   important piece of legislation, as well as 

 3   Senator Hoylman for his work on this legislation 

 4   as well.

 5                I don't want to go tit for tat on 

 6   the studies.  I think the literature is out there 

 7   and certainly undergirds this legislation.  But I 

 8   do think it is worth addressing something that 

 9   should trouble us all in this time, and that is 

10   the attack on public health authorities that's 

11   taking place.  And it is always very easy to find 

12   a board member whose cousin's sister has a 

13   conflict on something, and so we shouldn't trust 

14   the people giving us health information.  

15                That's why we're in the mess we're 

16   in with coronavirus.  Because when authorities 

17   speak, people don't listen and say, Aw, they're 

18   probably one of them, they're probably on the 

19   other side, they're probably connected with the 

20   people I don't like, they're probably part of a 

21   cabal that's against people like me.  

22                That is dangerous.  I always pride 

23   ourselves on being a society that checks 

24   authority.  I'm glad we're not a society that 

25   when the leader says jump, we all say how high.  


                                                               2435

 1   But the other extreme is really dangerous too, 

 2   where people don't believe in wearing masks and 

 3   people think Dr. Fauci's part of a cabal and 

 4   people think that a board member on the World 

 5   Health Organization concocted a study showing 

 6   that glyphosate is connected to cancer.

 7                We have to do better than that.  

 8   It's -- to trudge these things out of the dark 

 9   corners of the internet and put them on the floor 

10   of the Senate is a dangerous precedent, and it's 

11   happening from Washington to Albany, and we 

12   cannot let it affect our public health judgments.  

13                My colleague's comments on the cost, 

14   on the impact on invasive species, on what this 

15   means for our state are all meaningful and 

16   important, and I think we should keep the debate 

17   to that and people should vote accordingly.  

18                But when we all have to come 

19   together as a society to protect one another's 

20   health, whether in a long-term study or a 

21   short-term crisis like we're in now, it's very 

22   important we let the authorities do their work, 

23   that we trust the people with medical degrees who 

24   we've put in positions of power, and we all come 

25   together to support one another.  


                                                               2436

 1                And on this particular bill, thanks 

 2   to the work of Senator Serrano, Senator Hoylman, 

 3   and the Majority Leader, I vote in the 

 4   affirmative.  Thank you.

 5                ACTING PRESIDENT BAILEY:   Are there 

 6   any other Senators wishing to be heard?

 7                SENATOR O'MARA:   If I want to 

 8   explain my vote, is that now or --

 9                ACTING PRESIDENT BAILEY:   After -- 

10   after -- you will get an opportunity to explain 

11   your vote, Senator O'Mara.  

12                Seeing and hearing none, debate is 

13   closed.  The Secretary will ring the bell.

14                Read the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect December 31, 2021.

17                ACTING PRESIDENT BAILEY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BAILEY:   Senator 

21   O'Mara to explain his vote.

22                SENATOR O'MARA:   Yes, thank you, 

23   Mr. President.  

24                One item that I left out of my 

25   remarks on the bill was that on June 22nd of this 


                                                               2437

 1   year, a California judge ruled it would be 

 2   misleading to list glyphosate as known to cause 

 3   cancer to the State of California.  

 4   Notwithstanding the IARC's -- the committee of 

 5   the World Health Organization's determination 

 6   that glyphosate is a probable carcinogen, the 

 7   statement that glyphosate is known to the State 

 8   of California to cause cancer is misleading, the 

 9   judge wrote.  "Every regulator of which the court 

10   is aware, with the sole exception of the IARC of 

11   the World Health Organization, has found that 

12   glyphosate does not cause cancer or that there is 

13   insufficient evidence to show that it does."

14                I'll be voting in the negative.

15                ACTING PRESIDENT BAILEY:   Senator 

16   O'Mara to be recorded in the negative.

17                Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 797, those Senators voting in the 

20   negative are Senators Akshar, Amedore, Borrello, 

21   Gallivan, Griffo, Helming, Jordan, Lanza, Little, 

22   O'Mara, Ortt, Ranzenhofer, Ritchie, Serino and 

23   Tedisco.

24                Ayes, 45.  Nays, 15.

25                ACTING PRESIDENT BAILEY:   The bill 


                                                               2438

 1   is passed.

 2                SENATOR GIANARIS:   Mr. President, 

 3   can we now take up Calendar Number 869.

 4                ACTING PRESIDENT BAILEY:   The 

 5   Secretary will ring the bell.

 6                The Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   869, Assembly Print Number 6679C, by 

 9   Assemblymember Ryan, an act to amend the 

10   Public Service Law.

11                ACTING PRESIDENT BAILEY:   Senator 

12   Borrello.

13                SENATOR BORRELLO:   On the bill, 

14   Mr. President.

15                ACTING PRESIDENT BAILEY:   Senator 

16   Borrello on the bill.

17                SENATOR BORRELLO:   First of all, 

18   let me say that broadband is a critically 

19   important issue right now, Mr. President, 

20   particularly in rural upstate New York.  And I'm 

21   glad -- because I am a sponsor of this bill -- I 

22   am glad that there is finally something being 

23   done to address what could only be considered a 

24   fiasco when it comes to the broadband access 

25   projects that are being delayed and even canceled 


                                                               2439

 1   across the state.

 2                So with that being said, I would 

 3   like to ask the sponsor some questions in a 

 4   friendly manner, if you will -- because I am, 

 5   again, a sponsor on this bill.  But I do have 

 6   some questions, so will the sponsor yield?  

 7                ACTING PRESIDENT BAILEY:   To be 

 8   clear, you're not on the bill anymore, you're 

 9   asking the sponsor to yield?

10                SENATOR BORRELLO:   Excuse me, yes.  

11   Yes, sir.

12                ACTING PRESIDENT BAILEY:   Will the 

13   sponsor yield to a question?  

14                SENATOR METZGER:   Yes, I will.

15                ACTING PRESIDENT BAILEY:   Senator 

16   Metzger yields.

17                SENATOR METZGER:   And by the way, 

18   thank you for cosponsoring my bill.

19                (Laughter.)

20                SENATOR BORRELLO:   Thank you.

21                Through you, Mr. President, in the 

22   previous two budgets, was there any additional 

23   funding added in those budgets for broadband?  

24                SENATOR METZGER:   No, there has not 

25   been.  But I would certainly love to see 


                                                               2440

 1   additional funding added to the budget.  

 2                SENATOR BORRELLO:   Thank you, 

 3   Mr. President.  Will the sponsor continue to 

 4   yield?

 5                ACTING PRESIDENT BAILEY:   Will the 

 6   sponsor yield to another question?

 7                SENATOR METZGER:   Yes, I will.

 8                ACTING PRESIDENT BAILEY:   The 

 9   sponsor yields.

10                SENATOR BORRELLO:   In those 

11   budgets, was there anything included in those 

12   budgets that may have increased the costs of 

13   broadband projects in these last two budgets?

14                SENATOR METZGER:   So there was a 

15   provision of a bill -- of the budget passed in 

16   2019 that placed a fee for the right of way.  So 

17   yes.

18                SENATOR BORRELLO:   Mr. President, 

19   on the bill.

20                ACTING PRESIDENT BAILEY:   Senator 

21   Borrello on the bill.

22                SENATOR BORRELLO:   So that's -- 

23   yes, that's correct.  And unfortunately, this has 

24   been a terrible impediment to the expansion of 

25   broadband.  


                                                               2441

 1                In 2018, this same tax -- you can 

 2   call it a fee, you can call it a tax -- was 

 3   proposed.  And when the Republicans controlled 

 4   this house, it was defeated.  

 5                However, in 2019, when the one-party 

 6   rule that we have, that fee has now been imposed.  

 7   And it has already started to cause damage to the 

 8   broadband access and broadband projects across 

 9   the state.  

10                I've spoken to many of the 

11   providers.  Number one, they have been plagued 

12   with what I can only view as extortion, because 

13   of the money that's involved from the state for 

14   things like accessing lines.  Because once this 

15   tax was imposed, the cost to run lines 

16   underground was much higher than putting the 

17   broadband fiber optic cable on poles.  

18                So many -- and this is my opinion -- 

19   many of these -- of the utility companies that 

20   own the poles decided they were going to jack up 

21   the rates to run fiber optic cable on these 

22   poles, in some cases going from $2500 per pole to 

23   $25,000, so that they could get their access to 

24   that fee that we imposed last year.  Not me, I 

25   wasn't here.


                                                               2442

 1                Also, in addition to that, there has 

 2   been a major project in the North Country, which 

 3   is a huge challenge right now with broadband 

 4   access, that has now been canceled.  According to 

 5   the Albany Times Union, the carrier in the 

 6   North Country has abandoned the project after 

 7   determining that that tax would add a monthly 

 8   cost of $21.66 per customer, a tax that cannot be 

 9   passed along to the customer -- which is a nice 

10   idea, except for the fact that it now has killed 

11   projects and will continue to kill projects.  

12                This fee, as a matter of fact, is 

13   going to represent, on average, an approximately 

14   60 percent increase in the construction costs.  

15   In fact, most of the providers would have to 

16   scale back their projects by as much as 

17   75 percent.  That means a lot less people are 

18   going to be getting access to it.

19                The cost of this tax is actually 

20   more than what it cost to lay the fiber optic 

21   cables and run the fiber optic cables.  So we're 

22   going to spend time to do a study, which I'm in 

23   favor of.  However, this tax is one of the 

24   biggest impediments that we have to the expansion 

25   of our broadband.


                                                               2443

 1                Mr. President, will the sponsor 

 2   yield?

 3                ACTING PRESIDENT BAILEY:   Will the 

 4   sponsor yield for a question?  

 5                SENATOR METZGER:   Yes.  To a 

 6   question.  

 7                ACTING PRESIDENT BAILEY:   The 

 8   sponsor yields.

 9                SENATOR BORRELLO:   Thank you.

10                You know, the Governor claims that 

11   New York has universal access to broadband.  Do 

12   you think the New York broadband initiative has 

13   met its goals?

14                SENATOR METZGER:   Mr. President, 

15   I -- we have made significant progress in 

16   New York, but I am sponsoring this legislation 

17   because I do not believe that New York State has 

18   met its goals.  I have many -- it's probably the 

19   number-one complaint by constituents in my 

20   district, the lack of access to broadband.  And 

21   this is -- this is why we need this bill.

22                A big -- one of the biggest 

23   impediments, I would say, is not this tax, 

24   although there is a bill, I want to point out, by 

25   Senator Kennedy that would address that very 


                                                               2444

 1   topic, which I think is very important.  

 2                But the fact is that we don't have, 

 3   in New York State, accurate information about who 

 4   does and does not have broadband, about the 

 5   speeds that people have access to to support very 

 6   common uses.  And the affordability issue is huge 

 7   as well.  Many people simply can't afford it.  

 8   But we don't have transparency from the company 

 9   on the costs.

10                So all of these issues need to be 

11   looked at, they need to be mapped.  What is so -- 

12   one of the additional and very important 

13   provisions of this bill is that it makes this 

14   information public, it brings needed transparency 

15   and accountability to this issue.  It's a 

16   necessary step to closing the urban/rural divide 

17   on broadband, the rich/poor gap on broadband as 

18   well.

19                SENATOR BORRELLO:   Will the sponsor 

20   continue to yield?  

21                ACTING PRESIDENT BAILEY:   Will the 

22   sponsor yield for a question?

23                SENATOR METZGER:   Yes.

24                ACTING PRESIDENT BAILEY:   The 

25   sponsor yields.


                                                               2445

 1                SENATOR BORRELLO:   So does that 

 2   mean that we should also expect transparency from 

 3   the Cuomo administration on what's actually going 

 4   on with these projects?  

 5                And, by the way, with the serious 

 6   flaws in the data that he's presenting.  Because 

 7   according to the FCC, they kind of agree with 

 8   this 98 percent coverage.  However, there's a 

 9   major flaw in that, because it is based on census 

10   tracts.  And in rural areas, if one person has 

11   access to broadband, that entire census tract is 

12   actually considered to be served.

13                However, according to Microsoft -- 

14   and we know that the president {sic} is fond of 

15   the founder of Microsoft, Mr. Gates.  According 

16   to Microsoft's data, only 54.6 percent of 

17   New Yorkers actually have broadband.  So the 

18   Governor is, you know, ready to spike the 

19   football in the end zone, but he actually has 

20   barely crossed the 50-yard line on this.  

21                So would the sponsor agree that we 

22   need complete transparency from the Cuomo 

23   administration on the fiasco that is this current 

24   broadband initiative?  

25                SENATOR METZGER:   So, 


                                                               2446

 1   Mr. President, once again I am in agreement 

 2   broadly with the Senator and so thrilled that he 

 3   is a cosponsor of this bill.

 4                I specifically added a provision to 

 5   this bill to make sure that data is collected 

 6   below the census block level precisely because 

 7   the census block data collected by the FCC -- 

 8   which is what the state used for its Broadband 

 9   for All initiative, is flawed and it does not 

10   count.  It overlooks many people that do not have 

11   access.

12                You know, this was recognized in 

13   August 2019 with the new FCC order.  They're 

14   going to change the data collection.  But there's 

15   still a lot of uncertainty about when they're 

16   going to do this, about what their approach is 

17   going to be.  And we can't wait, we cannot wait 

18   to address this issue.  We as a state need to 

19   take action and find out this information for 

20   New York State now.

21                SENATOR BORRELLO:   Mr. President, 

22   on the bill.

23                ACTING PRESIDENT BAILEY:   Senator 

24   Borrello on the bill.

25                SENATOR BORRELLO:   Mr. President, I 


                                                               2447

 1   agree with my cosponsor, we cannot wait.  

 2   Unfortunately, this is going to take a year to 

 3   get this information.

 4                Right now our farms in New York 

 5   State, 25 percent of them do not have access to 

 6   broadband.  One in four do not have access.  And 

 7   many of those that do have access at extremely 

 8   slow speeds, like satellite and even dial-up -- 

 9   which, believe it or not, is still out there in 

10   rural New York State.

11                So we need to move quickly on this 

12   study.  But more importantly, we have to 

13   recognize the fact that the biggest impediment 

14   right now to expanding broadband for those 

15   projects that are already out there is this tax.  

16   It needs to be repealed.  

17                And I appreciate the sponsor on 

18   this; that's why I'm a cosponsor.  But the bottom 

19   line is the rhetoric of the Senate Majority 

20   doesn't match their actions.  They claim to 

21   support farmers, and yet they passed the 

22   devastating farm labor bill.  They claim to 

23   support broadband access for everyone, but they 

24   passed this very oppressive tax that is killing 

25   projects across New York State.  This will 


                                                               2448

 1   reduce the number of people that can be served.  

 2                Yes, let's do this study.  Let's 

 3   find out.  But over the next year, when we have 

 4   the crisis of COVID, when we have children that 

 5   are going to be learning from home -- many of 

 6   which in upstate New York have no access to the 

 7   internet.  I've heard stories of parents having 

 8   to take their kids to McDonald's just to do their 

 9   homework -- when we have farmers that are 

10   struggling because of COVID that do not have 

11   access to broadband, and when we're going to 

12   spend the next year doing this study -- when, 

13   right now, we can repeal this tax that will 

14   immediately start bringing more broadband access 

15   as these projects continue to move forward, and 

16   the numbers will work better so that more and 

17   more people can have access.  

18                It's time to repeal this tax.  I 

19   thank the sponsor for this bill, I appreciate 

20   where we are going, but to me it's a parallel 

21   path, Mr. President.  We have to repeal this tax, 

22   especially right now during this COVID crisis 

23   where so many people are working from home, 

24   children are learning from home, and we must in 

25   fact move along as quickly as possible.


                                                               2449

 1                Thank you.

 2                ACTING PRESIDENT BAILEY:   Are there 

 3   any other Senators wishing to be heard?

 4                Seeing and hearing none, debate is 

 5   closed, and the Secretary will ring the bell.

 6                Read the last section.

 7                THE SECRETARY:   Section 4.  This 

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

 9   shall have become a law.

10                ACTING PRESIDENT BAILEY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BAILEY:   

14   Senator Metzger to explain her vote.  

15                SENATOR METZGER:   Thank you, 

16   Mr. President.

17                Access to the internet is a 

18   fundamental necessity in today's world.  It's 

19   fundamental to getting and keeping a job.  It's 

20   fundamental to educational opportunity.  It's 

21   fundamental to access to healthcare, to 

22   telehealth services, to social connection, to 

23   daily life.  

24                We've made great strides in New York 

25   in expanding access over the years, but too many 


                                                               2450

 1   households still go without.  

 2                I have constituents who drive many 

 3   miles to a Dunkin' Donuts to take advantage of 

 4   free wifi to study or do their work or go and sit 

 5   in a parking lot in a library to take advantage 

 6   of the wifi in the library.  I have other 

 7   constituents who cobble together hotspots and 

 8   satellite service at a cost of something like 

 9   $500 a month.  I have school districts in my 

10   district where up to 20 percent of the kids don't 

11   have internet service at home.  These kids are 

12   deprived of the learning opportunities that are 

13   enjoyed by their suburban counterparts.  

14                The pandemic has magnified the 

15   impacts of existing inequalities in access.  

16   Telemedicine, telecommuting and virtual 

17   classrooms are next to impossible for too many 

18   households.  If we want to ensure equal 

19   opportunity in today's world and close the 

20   urban/rural and rich/poor gaps, then we need to 

21   make sure that every single New Yorker has 

22   affordable access to broadband.

23                This legislation rightly recognizes 

24   high-speed internet as essential to our economic 

25   and social well-being and to public safety.  We 


                                                               2451

 1   need this legislation.  We do not have a clear 

 2   understanding of who is and who is not connected 

 3   and how many New Yorkers actually have broadband 

 4   at speeds that can support common uses for work, 

 5   for school, for daily living.  I know that many 

 6   of my constituents do not, just judging by the 

 7   number of calls I get.  We also do not know how 

 8   many -- what the costs are and what the 

 9   affordability issue is.

10                With this legislation the Public 

11   Service Commission will not only undertake the 

12   needed study to provide this information, but 

13   will make it publicly available, bringing 

14   much-needed transparency and accountability to 

15   the practices of internet service providers.  

16   This is absolutely vital to closing the broadband 

17   gap and addressing the inequalities it 

18   perpetuates.  

19                Thank you to my colleagues on both 

20   sides of the aisle for their cosponsorship, and 

21   to Majority Leader Andrea Stewart-Cousins for her 

22   leadership on this issue.  

23                Finally, I want to give a huge thank 

24   you to Communication Workers of America for 

25   championing this issue and for this legislation.


                                                               2452

 1                Thank you, Mr. President.  I vote 

 2   aye.

 3                ACTING PRESIDENT BAILEY:   Senator 

 4   Metzger to be recorded in the affirmative.

 5                Senator Borrello to explain his 

 6   vote.

 7                SENATOR BORRELLO:   Thank you, 

 8   Mr. President.  

 9                Broadband access in rural America is 

10   as important as the electrification of rural 

11   America was more than a century ago.  We have 

12   moved forward in many ways, but now we need to 

13   accelerate this.  And while this study is 

14   critically important, the anchor that is weighing 

15   us down is this new tax.  

16                I've spoken to many that are the 

17   producers of broadband that are running fiber 

18   optic cables that are saying they cannot do this 

19   with this tax.  So on one hand we have celebrated 

20   the money that was allocated from the taxpayers, 

21   only to claw it back over here with the tax.

22                So I support this bill, I'm voting 

23   aye.  But the next thing we need to do is to 

24   repeal this oppressive tax on broadband service.  

25   It is critically important to everyone across the 


                                                               2453

 1   state.

 2                Thank you.

 3                ACTING PRESIDENT BAILEY:   Senator 

 4   Borrello to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 869, voting in the negative:  

 8   Senator Ortt.

 9                Ayes, 59.  Nays, 1. 

10                ACTING PRESIDENT BAILEY:   The bill 

11   is passed.

12                Senator Gianaris.

13                SENATOR GIANARIS:   Mr. President, 

14   can we now take up Calendar 859, please.

15                ACTING PRESIDENT BAILEY:   The 

16   Secretary will ring the bell.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   859, Senate Print 8451A, by Senator Kaplan, an 

20   act authorizing the Empire State Development 

21   Corporation to develop a public awareness 

22   campaign promoting personal protective clothing 

23   and equipment.

24                ACTING PRESIDENT BAILEY:   Senator 

25   Borrello.


                                                               2454

 1                SENATOR BORRELLO:   Mr. President, 

 2   would the sponsor yield for some questions.

 3                ACTING PRESIDENT BAILEY:   Will the 

 4   sponsor yield for some questions?

 5                SENATOR KAPLAN:   Yes, 

 6   Mr. President.

 7                ACTING PRESIDENT BAILEY:   The 

 8   sponsor yields.

 9                SENATOR BORRELLO:   Mr. President, I 

10   think it's laudable to try to promote a Buy 

11   New York program, especially when it comes to 

12   PPE.  My concern is the fact that we are asking 

13   ESD, which is already strained, to provide this.

14                So my first question for the sponsor 

15   is, what is the fiscal impact of this bill?  

16                SENATOR KAPLAN:   Mr. President, 

17   through you, the fiscal impact should be very 

18   minimal.  This is basically just asking ESD to -- 

19   that already has the infrastructure in place -- 

20   to create the directory.  And there is sufficient 

21   funds in there for them to be able to do this.

22                SENATOR BORRELLO:   Mr. President, 

23   will the sponsor continue to yield.

24                ACTING PRESIDENT BAILEY:   Will the 

25   sponsor yield?


                                                               2455

 1                SENATOR KAPLAN:   Yes, 

 2   Mr. President.

 3                ACTING PRESIDENT BAILEY:   The 

 4   sponsor yields.

 5                SENATOR BORRELLO:   As a former 

 6   marketing executive myself, I can tell you that 

 7   what's critically important when you're going to 

 8   put forth a marketing campaign is a budget.  

 9                So was there any additional funding 

10   for this because of the fact that we spent, for 

11   example, $300 million plus on the START-UP NY 

12   program to promote that?  Right now we are in a 

13   fiscal crisis, so was any additional funding 

14   provided so that ESD could move forward 

15   effectively with this program?  

16                SENATOR KAPLAN:   Mr. President, 

17   there is no additional funding.  This is 

18   basically a directory that is going to be put on.

19                SENATOR BORRELLO:   Okay.  

20   Mr. President, will the sponsor continue to 

21   yield?  

22                ACTING PRESIDENT BAILEY:   Does the 

23   sponsor yield for a question?  

24                SENATOR KAPLAN:   Yes.

25                ACTING PRESIDENT BAILEY:   The 


                                                               2456

 1   sponsor yields.  

 2                SENATOR BORRELLO:   Thank you, 

 3   Mr. President.  Through you, Mr. President.

 4                Does the sponsor or anyone know what 

 5   the status of the consolidated funding 

 6   applications will be through ESD over this year?  

 7   Are we going to have them?  

 8                SENATOR KAPLAN:   I'm sorry, can you 

 9   please -- Mr. President, can he repeat the 

10   question? 

11                SENATOR BORRELLO:   I'm sorry, I'll 

12   speak -- if it's okay, I'll speak toward you.

13                ACTING PRESIDENT BAILEY:   Yes.

14                SENATOR BORRELLO:   Do you know what 

15   the status of the consolidated funding 

16   applications is, the CFAs, this year through ESD?  

17                SENATOR KAPLAN:   -- pulled the 

18   information on that, but I don't believe this has 

19   anything to do with the CFA.

20                SENATOR BORRELLO:   Mr. President, 

21   on the bill.

22                ACTING PRESIDENT BAILEY:   Senator 

23   Borrello on the bill.

24                SENATOR BORRELLO:   Well, I do think 

25   it has a lot to do, because the CFA program is 


                                                               2457

 1   critically important.  And every dollar that we 

 2   have right now at ESD is critically important 

 3   because our local governments continue to suffer 

 4   under this COVID crisis.  

 5                And the hardworking men and women of 

 6   the Empire State Development, who I have worked 

 7   with closely, both when I was a county executive 

 8   and now continuing on in my role as a Senator, 

 9   I've been working diligently to try and answer 

10   questions from across the state on the daily 

11   changes to the Governor's reopening plan.  

12                During this shutdown and this crisis 

13   that we're currently facing, our economy has been 

14   incredibly damaged.  Businesses, especially small 

15   businesses, have been incredibly damaged by this, 

16   and yet we are now going to divert some of their 

17   attention and energies away from trying to 

18   support those businesses -- which I believe 

19   they've done an outstanding job of -- in order 

20   for them to promote this study.  I don't 

21   disagree -- or, excuse me, not study, with this 

22   program.

23                I don't disagree that we should try 

24   to promote "made in New York" for PPE.  However, 

25   it's critically important, I believe, that there 


                                                               2458

 1   is proper funding for this, because we are going 

 2   to have to divert people away from this at ESD.  

 3   I have seen this myself every day as we've done 

 4   constituent services.  The people that are 

 5   working at the ESD offices have been distracted 

 6   from their mission of trying to provide economic 

 7   development support and stimulus in order to 

 8   address the daily changes out of the Governor's 

 9   office to our restarting plans.  

10                So really, this is something where 

11   this cost that could normally be used for other 

12   projects is not just in the dollars and cents, 

13   but in the actual people that we have at ESD that 

14   are already, I think, hanging on by a thread -- 

15   and doing a fantastic job, but still hanging on 

16   by a thread.  

17                So while local government revenues 

18   and states revenues have been strained, this 

19   project needs to have some money behind it.  And 

20   quite frankly, the Governor has some expansive 

21   powers.  And even during this crisis, he's been 

22   spending money on lots of things that are in my 

23   opinion quite unnecessary -- like trips to other 

24   states, for example.  

25                So why not take some of that money 


                                                               2459

 1   and divert it to supporting this very worthwhile 

 2   project of being able to promote "made in 

 3   New York" PPE plants?  That's my concern.  It's 

 4   not this particular initiative; it's laudable.  

 5   It's a laudable goal.  It's the fact that -- and 

 6   again, as a former marketing official, having 

 7   something that goes out on a campaign that isn't 

 8   properly funded and without the proper due 

 9   diligence is going to be destined for failure, 

10   which is what we saw with the START-UP NY 

11   program.  So I think the Governor needs to divert 

12   some money and some attention to this program.  

13   And this program itself, by itself, is an 

14   incomplete bill, in my opinion.  

15                However, I will still be supporting 

16   it.  And I want to thank the sponsor very much 

17   for taking some questions on this today, thank 

18   you.

19                SENATOR KAPLAN:   Thank you.

20                ACTING PRESIDENT BAILEY:   Are there 

21   any other Senators wishing to be heard?

22                Seeing and hearing none, debate is 

23   closed.  The Secretary will ring the bell. 

24                Read the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2460

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BAILEY:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BAILEY:   Senator 

 6   Kaplan to explain her vote.

 7                SENATOR KAPLAN:   Thank you, 

 8   Mr. President.

 9                As our state recovers from this 

10   pandemic, we need to do more to ensure our 

11   economy is resilient.  We also need to take steps 

12   to ensure we are better prepared to meet the 

13   needs of our residents and our businesses if we 

14   have another surge in new COVID cases.

15                Back in March we learned how reliant 

16   our entire country is on manufacturing in China.  

17   Don't you think we should be making things like 

18   that PPE right here in New York State so that we 

19   can create good-paying jobs and not be forced 

20   into an international bidding war for China-made 

21   goods?

22                This bill is a first step to 

23   encourage new businesses to form here in the 

24   State of New York and to help existing businesses 

25   to rebound from this crisis, while also helping 


                                                               2461

 1   the recovery effort.  

 2                Governor Cuomo has instituted 

 3   important new programs that help our existing 

 4   manufacturers to retool and begin manufacturing 

 5   PPE, and it is important to get the word out 

 6   about it.  There are many small businesses who 

 7   could benefit from these programs.  And if they 

 8   don't know about them, how could they benefit 

 9   from them?  

10                We want to make sure that our small 

11   businesses are getting all the help that they 

12   need in these difficult times.  Specifically, 

13   this legislation would ensure Empire State 

14   Development to develop and implement a public 

15   awareness campaign promoting those businesses 

16   that manufacture personal protective equipment in 

17   New York.  This public awareness campaign would 

18   promote PPE manufacturing businesses and 

19   encourage individuals and businesses to purchase 

20   products from such manufacturing businesses here 

21   in New York.  

22                ESD would create a website providing 

23   information on these businesses and their 

24   products in a Buy New York PPE Clothing and 

25   Equipment Online Networking Directory.


                                                               2462

 1                I would also like to note that this 

 2   bill is patterned after legislation that has 

 3   passed unanimously every year since 2016 -- two 

 4   years before I joined this body.  This 

 5   legislation is the same as its brother 

 6   legislation, with the sole exception being it is 

 7   limited in scope to PPE equipment.

 8                Thank you.  I vote aye.

 9                ACTING PRESIDENT BAILEY:    

10   Senator Kaplan to be recorded in the affirmative.

11                Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT BAILEY:   The bill 

14   is passed.

15                THE SECRETARY:   Senator Gianaris.

16                SENATOR GIANARIS:   Mr. President, 

17   can we now move to Calendar 970.

18                ACTING PRESIDENT BAILEY:   The 

19   Secretary will ring the bell.

20                The Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   970, Senate Print 8806, by Senator Gianaris, an 

23   act to amend the Election Law.

24                ACTING PRESIDENT BAILEY:    

25   Senator Akshar.


                                                               2463

 1                SENATOR AKSHAR:   Thank you, 

 2   Mr. President.  Through you, if the sponsor would 

 3   yield for a few questions.

 4                ACTING PRESIDENT BAILEY:   Will the 

 5   sponsor yield for a question?  

 6                SENATOR GIANARIS:   Yes.

 7                ACTING PRESIDENT BAILEY:   The 

 8   sponsor yields.

 9                SENATOR AKSHAR:   Senator Gianaris, 

10   thank you.  

11                How does this current -- this 

12   current statute change the voter registration 

13   process as it currently exists?  

14                SENATOR GIANARIS:   This bill would 

15   set up a system of automatic voter registration 

16   through several agencies that would, upon someone 

17   interacting with them -- filling out an 

18   application for a driver's license, for 

19   example -- there would be a unified form that 

20   would serve both as an application for the 

21   services of the agency and as a voter 

22   registration form, which would be transmitted by 

23   the agency to the Board of Elections for 

24   registration.

25                SENATOR AKSHAR:   Mr. President, 


                                                               2464

 1   through you, if the sponsor will continue to 

 2   yield.

 3                ACTING PRESIDENT BAILEY:   Will the 

 4   sponsor yield?

 5                SENATOR GIANARIS:   Yes.

 6                ACTING PRESIDENT BAILEY:   The 

 7   sponsor yields.

 8                SENATOR AKSHAR:   I just want to 

 9   read, in part, Section 6 of Article 2 of the 

10   State Constitution.  In part, it reads:  "The 

11   Legislature may provide by law a system or 

12   systems of registration whereby upon personal 

13   application, a voter may be registered."

14                You used the word "application."  So 

15   is there a part of the statute that -- I guess at 

16   first glance, one could make the assumption that 

17   we're circumventing the language in the State 

18   Constitution.  But as you've described, is there 

19   a portion of this statute as authored by you that 

20   would allow us to make that change?

21                SENATOR GIANARIS:   I'm sorry, I 

22   don't understand what change you're referring to, 

23   Senator Akshar.  The -- the --

24                SENATOR AKSHAR:   Let me clarify, 

25   I'm sorry.  I recognize that I'm probably not 


                                                               2465

 1   articulating it well.

 2                Section 6 of Article 2 of the State 

 3   Constitution provides that the Legislature may 

 4   provide by law for a system or systems of 

 5   registration whereby, upon a personal 

 6   application, a voter may be registered.

 7                Is there in the statute, as authored 

 8   by you, an application for a voter to be 

 9   registered?

10                SENATOR GIANARIS:   Yes.  In fact, 

11   the very first words of the legislation say 

12   "Integrated personal voter registration 

13   application required."

14                SENATOR AKSHAR:   Thank you.  I 

15   appreciate that.  

16                Mr. President, through you, if the 

17   sponsor would continue to yield.

18                ACTING PRESIDENT BAILEY:   Will the 

19   sponsor yield?

20                SENATOR GIANARIS:   Yes.

21                ACTING PRESIDENT BAILEY:   The 

22   sponsor yields.

23                SENATOR AKSHAR:   How did we decide 

24   on the current state agencies that were involved 

25   with automatic voter registration?  


                                                               2466

 1                SENATOR GIANARIS:   There was an 

 2   attempt to find agencies that would have the 

 3   broadest reach in terms of interaction with the 

 4   public so that we could reach as many people as 

 5   possible.  DMV is always a starting point in that 

 6   conversation, but then there are many people in 

 7   the state who don't have vehicles and don't 

 8   interact with the DMV, so we tried to find 

 9   additional agencies that would also be able to 

10   handle the work that would be required in doing 

11   this.  

12                And it's my understanding these are 

13   all agencies that also have and seek the 

14   information from the public that would indicate 

15   whether such people were eligible to vote in the 

16   first place -- in other words, age, obviously, 

17   and citizenship status.

18                SENATOR AKSHAR:   Mr. President, 

19   through you, if the sponsor would continue to 

20   yield.

21                ACTING PRESIDENT BAILEY:   Will the 

22   sponsor yield?

23                SENATOR GIANARIS:   Yes.

24                ACTING PRESIDENT BAILEY:   The 

25   sponsor yields.


                                                               2467

 1                SENATOR AKSHAR:   So moving forward, 

 2   there is some possibility that we would expand 

 3   this to include the Department of Environmental 

 4   Conservation, Veteran Affairs, Department of 

 5   Agriculture, other state agencies that people 

 6   come into contact with?  

 7                SENATOR GIANARIS:   I believe 

 8   there's a mechanism for continuous evaluation of 

 9   what agencies would be appropriate for that 

10   purpose, yes.

11                SENATOR AKSHAR:   Mr. President, 

12   through you, if the sponsor will continue to 

13   yield.

14                ACTING PRESIDENT BAILEY:   Will the 

15   sponsor yield?

16                SENATOR GIANARIS:   Yes.

17                ACTING PRESIDENT BAILEY:   The 

18   sponsor yields.

19                SENATOR AKSHAR:   I just want to go 

20   back to the application piece.  This is the 

21   automatic registration of a voter unless you 

22   affirmatively opt out; is that correct?

23                SENATOR GIANARIS:   That's correct.

24                SENATOR AKSHAR:   So by definition, 

25   there is no application to register to vote, 


                                                               2468

 1   would you agree?

 2                SENATOR GIANARIS:   No, I would not 

 3   agree with that.  There is in fact an application 

 4   that the applicant fills out, and included in 

 5   that is an option to opt out of registering to 

 6   vote as part of that application.  It is an 

 7   integrated application that serves the purpose 

 8   both of voter registration as well as the 

 9   services that the agency is providing.

10                SENATOR AKSHAR:   Mr. President, 

11   through you, if the sponsor would continue to 

12   yield.

13                SENATOR GIANARIS:   Yes.

14                ACTING PRESIDENT BAILEY:   Will the 

15   sponsor yield?  The sponsor agrees to yield.

16                SENATOR AKSHAR:   I just want to 

17   make sure I understand, Senator Gianaris.  So 

18   you're saying, by way of integrated application, 

19   I go in and apply for a driver's license -- that 

20   in fact is an application, but you've integrated 

21   this opt out -- opting out of being registered to 

22   vote?  

23                SENATOR KRUEGER:   That's correct.

24                SENATOR AKSHAR:   Okay.  

25   Mr. President, through you, if the sponsor will 


                                                               2469

 1   continue to yield.

 2                ACTING PRESIDENT BAILEY:   Will the 

 3   sponsor yield?

 4                SENATOR GIANARIS:   Yes.

 5                ACTING PRESIDENT BAILEY:   The 

 6   sponsor agrees to yield.

 7                SENATOR AKSHAR:   Does the bill 

 8   allow someone to vote without ever providing a 

 9   signature?

10                SENATOR GIANARIS:   I just wanted to 

11   make sure I was a hundred percent correct.

12                No, the registration for voting 

13   purposes would not be transmitted to the Board of 

14   Elections without a signature.

15                SENATOR AKSHAR:   Mr. President, 

16   through you, if the sponsor will continue to 

17   yield.

18                ACTING PRESIDENT BAILEY:   Will the 

19   sponsor yield?

20                SENATOR GIANARIS:   Yes.

21                ACTING PRESIDENT BAILEY:   The 

22   sponsor yields for a question.

23                SENATOR AKSHAR:   I just want to 

24   look quickly at California.  They recently 

25   enacted a similar program, and there were 


                                                               2470

 1   significant issues in terms of registration 

 2   error, party enrollment mistakes, and on at least 

 3   1500 occasions people who were not ineligible 

 4   {sic} to vote were registered in the months 

 5   following the rollout.  

 6                Have you or have we collectively 

 7   ensured, by way of this legislation, that that 

 8   doesn't in fact -- those mistakes don't in fact 

 9   happen here in the State of New York?

10                SENATOR GIANARIS:   I believe the 

11   process that we're rolling out in this proposal 

12   is different from the California process in 

13   several ways.  

14                We have a statewide database that 

15   would be the clearinghouse for the information, 

16   which California does not.  We also put the 

17   burden at the agency level to not transmit 

18   information about ineligible voters to the Board 

19   of Elections to begin with.  So it's not just the 

20   voter's say-so that dictates whether they become 

21   registered or not; the agency also bears a 

22   responsibility not to transmit the information to 

23   the boards of elections if they are aware that 

24   the person is ineligible to vote.

25                SENATOR AKSHAR:   Mr. President, 


                                                               2471

 1   through you, if the sponsor would continue to 

 2   yield.

 3                ACTING PRESIDENT BAILEY:   Will the 

 4   sponsor yield?

 5                SENATOR GIANARIS:   Yes.

 6                ACTING PRESIDENT BAILEY:   The 

 7   sponsor yields.

 8                SENATOR AKSHAR:   I just want to 

 9   make sure I understood you right.  So it would be 

10   the responsibility of the state agency to not 

11   transmit that particular application to the local 

12   board or the state board if in fact they knew 

13   that Fred Akshar couldn't -- couldn't be -- was 

14   not an eligible voter.

15                SENATOR GIANARIS:   If Fred Akshar 

16   hypothetically was not --

17                SENATOR AKSHAR:   Hypothetically.

18                SENATOR GIANARIS:   -- was not an 

19   eligible voter?  

20                The agency which -- we chose these 

21   agencies in part because they possess this type 

22   of information.  It would be their responsibility 

23   not to transmit it to the Board of Elections.

24                SENATOR AKSHAR:   Mr. President, 

25   through you, if the sponsor would continue to 


                                                               2472

 1   yield.

 2                ACTING PRESIDENT BAILEY:   Will the 

 3   sponsor yield?

 4                SENATOR GIANARIS:   Yes.

 5                ACTING PRESIDENT BAILEY:   The 

 6   sponsor yields.

 7                SENATOR AKSHAR:   How many 

 8   registrations do you project that the bill 

 9   will -- registration -- the increase of 

10   registration, have you quantified what that looks 

11   like, based on the language of this bill?  

12                SENATOR GIANARIS:   -- are all 

13   estimates, and they vary significantly.  But at 

14   the low end, we're talking about several hundred 

15   thousand people, and at the high end close to 

16   2 million people that are eligible voters in 

17   New York State, New York State residents who are 

18   not currently on the rolls.  So it would be very 

19   substantial.

20                SENATOR AKSHAR:   Mr. President, 

21   through you, if the sponsor would continue to 

22   yield.

23                ACTING PRESIDENT BAILEY:   Will the 

24   sponsor yield?

25                SENATOR GIANARIS:   Yes.


                                                               2473

 1                ACTING PRESIDENT BAILEY:   The 

 2   sponsor yields.

 3                SENATOR AKSHAR:   Just a couple of 

 4   questions, if I may, around the cost of something 

 5   like this.

 6                Does the sponsor know what the 

 7   annual cost of the local board is to process and 

 8   maintain voter registrations?  I guess two parts, 

 9   Senator Gianaris, if you would be so kind.  Both 

10   the local boards and then the state agencies, the 

11   sourcing agencies that are going to be handling 

12   this issue.

13                SENATOR GIANARIS:   There would be 

14   no short-term costs because the bill doesn't take 

15   effect for two years.  So there would be a 

16   ramp-up time.

17                But once the legislation is in full 

18   effect, it's -- I think estimates are 

19   approximately $3 million.

20                SENATOR AKSHAR:   I'm sorry, 

21   Senator, 3 million?  

22                SENATOR GIANARIS:   Three million.

23                SENATOR AKSHAR:   Mr. President, 

24   through you, if the sponsor would continue to 

25   yield.


                                                               2474

 1                ACTING PRESIDENT BAILEY:   Will the 

 2   sponsor yield?  

 3                SENATOR GIANARIS:   Yes.

 4                ACTING PRESIDENT BAILEY:   The 

 5   sponsor yields.

 6                SENATOR AKSHAR:   Would it be the 

 7   intention of the sponsor to continue to advocate 

 8   for increased levels of funding to address these 

 9   issues that we're speaking of so we were not 

10   advancing what one could easily describe as an 

11   unfunded mandate?  

12                SENATOR GIANARIS:   Well, unfunded 

13   mandates in my experience are typically referring 

14   to state directives at local governments.  But 

15   this -- the costs of this would largely be borne 

16   by the state, state agencies and the State Board 

17   of Elections.

18                SENATOR AKSHAR:   Thank you, 

19   Mr. President, if the sponsor would continue to 

20   yield.

21                ACTING PRESIDENT BAILEY:  Will the 

22   sponsor yield?

23                SENATOR GIANARIS:   Yes.

24                ACTING PRESIDENT BAILEY:   The 

25   sponsor yields.


                                                               2475

 1                SENATOR AKSHAR:   I just want to 

 2   talk briefly, if we may, about noncitizens.  

 3                You had made a reference just a 

 4   couple of minutes ago that the state agencies 

 5   would in fact have information at their disposal 

 6   to make a determination whether or not they can 

 7   or should transmit this application.  What 

 8   protection does the bill have to protect 

 9   noncitizens from being automatically registered?

10                SENATOR GIANARIS:   Well, the one I 

11   was referring to specifically was in -- it's on 

12   page 2, line 39.  It says:  "Notwithstanding any 

13   law to the contrary, no agency designated under 

14   this section shall transmit to the Board of 

15   Elections any application for a person that 

16   indicates on their application that they do not 

17   meet one of the eligibility requirements."  

18                It then goes on to require a listing 

19   of those eligibility requirements for the voter 

20   to also personally attest, under penalties of 

21   perjury, that they are citizens and eligible to 

22   vote.  And so there are multiple layers of 

23   protection built into the legislation.

24                SENATOR AKSHAR:   Mr. President, 

25   through you, if the sponsor would continue to 


                                                               2476

 1   yield.

 2                ACTING PRESIDENT BAILEY:   Will the 

 3   sponsor yield?

 4                SENATOR GIANARIS:   Yes.

 5                ACTING PRESIDENT BAILEY:   The 

 6   sponsor yields.

 7                SENATOR AKSHAR:   Can the DMV ask if 

 8   you're a citizen?

 9                SENATOR GIANARIS:   The application 

10   that the member of the public would fill out 

11   would contain that information.

12                I believe the restriction you're 

13   referring to is that a clerk at a DMV, for 

14   example, cannot ask someone their citizenship 

15   status.  But the application itself can request 

16   that information.

17                SENATOR AKSHAR:   Mr. President, 

18   through you, if the sponsor would continue to 

19   yield.

20                ACTING PRESIDENT BAILEY:   Does the 

21   sponsor yield?

22                SENATOR GIANARIS:   Yes.

23                ACTING PRESIDENT BAILEY:   The 

24   sponsor yields.

25                SENATOR AKSHAR:   Let's just talk 


                                                               2477

 1   about DMV, I guess, in the conversation that you 

 2   and I are having.  

 3                What does DMV have at their 

 4   disposal, what tools do they have at their 

 5   disposal to in fact know whether or not someone 

 6   is qualified to be a voter in this state?

 7                SENATOR GIANARIS:   I'm reminded 

 8   that the DMV has been registering people to vote 

 9   for many years, Senator Akshar, and so they 

10   already have systems in place and are well-versed 

11   in the information that's required to pass on 

12   voter registration information.

13                There's a reason that the law that's 

14   been around for I think a couple of decades now 

15   is called the Motor Voter Law.  It's because the 

16   DMVs have been registering people to vote.

17                SENATOR AKSHAR:   Mr. President, 

18   through you, if the sponsor would continue to 

19   yield.

20                ACTING PRESIDENT BAILEY:   Will the 

21   sponsor yield?

22                SENATOR GIANARIS:   Yes.

23                ACTING PRESIDENT BAILEY:   The 

24   sponsor yields.

25                SENATOR AKSHAR:   So in theory, if I 


                                                               2478

 1   came in and I was a noncitizen, I could not opt 

 2   out; right?  Not opt out to vote.  I came in to 

 3   get a driver's license, I could not hit the "opt 

 4   out" button, therefore I would be registered to 

 5   vote.

 6                SENATOR GIANARIS:   No.  In addition 

 7   to the opt out, there would be a attestation that 

 8   you would have to fill out under penalty of 

 9   perjury that you are -- that you do meet the 

10   eligibility requirements to be registered to 

11   vote.

12                SENATOR AKSHAR:   Thanks.  

13                Mr. President, through you, if the 

14   sponsor will continue to yield.

15                ACTING PRESIDENT BAILEY:   Will the 

16   sponsor yield?

17                SENATOR GIANARIS:   Yes.

18                ACTING PRESIDENT BAILEY:   The 

19   sponsor yields.

20                SENATOR AKSHAR:   Just a follow-up 

21   to that point, if you'd be so kind.  Will the 

22   source agency -- the DMV in this particular 

23   instance -- will they cross-check citizenship of 

24   a person to be registered before they transmit 

25   that information to the board?


                                                               2479

 1                SENATOR GIANARIS:   I'm trying to 

 2   understand the question, Senator Akshar, I'm 

 3   sorry.

 4                Are you asking if they would just -- 

 5   they would actually confirm what it is that the 

 6   applicant is saying, is that the --

 7                SENATOR AKSHAR:   Mr. President, 

 8   through you.

 9                I suppose that the people who are 

10   working in the DMVs, you and I would just have to 

11   believe that they would take that -- they would 

12   take that form -- if someone said yes, in fact I 

13   am a citizen, take the people at their word, is 

14   that fair to say?  

15                SENATOR GIANARIS:   I suppose that 

16   process is no different than someone who wants to 

17   stroll into a Board of Elections and fill out 

18   a voter registration form and would make the same 

19   attestation there.

20                SENATOR AKSHAR:   Mr. President, 

21   through you, if the sponsor would continue to 

22   yield.

23                ACTING PRESIDENT BAILEY:   Will the 

24   sponsor yield?

25                SENATOR GIANARIS:   Yes.


                                                               2480

 1                ACTING PRESIDENT BAILEY:   The 

 2   sponsor yields.

 3                SENATOR AKSHAR:   Just a couple of 

 4   last questions here.  

 5                Is there something that exists in 

 6   this statute or in the statutes that currently 

 7   exist to ensure that if somebody lied on that 

 8   application and they weren't supposed to be a 

 9   voter, that that in fact -- we could have some 

10   reassurances to know that that in fact would not 

11   happen?  

12                SENATOR GIANARIS:   The perjury laws 

13   of the state.

14                SENATOR AKSHAR:   Mr. President, 

15   through you, if the sponsor would continue to 

16   yield.

17                ACTING PRESIDENT BAILEY:   Will the 

18   sponsor yield?

19                SENATOR GIANARIS:   Yes.

20                ACTING PRESIDENT BAILEY:   The 

21   sponsor yields.

22                SENATOR AKSHAR:   The sponsor just 

23   brought up the penalty of perjury.  But your bill 

24   has a provision where it's deemed an 

25   administrative error.  So what happens to one if 


                                                               2481

 1   they in fact lie on their application?

 2                SENATOR GIANARIS:   Mr. President, I 

 3   believe that the -- Senator Akshar is referring 

 4   to the presumption of administrative error if 

 5   someone doesn't opt out inadvertently.  

 6                The attestation that the applicant 

 7   meets the eligibility requirements is a 

 8   separate -- is not covered by that presumption in 

 9   the legislation.

10                SENATOR AKSHAR:   Thank you, 

11   Mr. President.  Senator Gianaris, always a 

12   pleasure.  Thanks.

13                ACTING PRESIDENT BAILEY:   Are there 

14   any other Senators wishing to be heard?

15                Seeing and hearing none, debate is 

16   closed.  The Secretary will ring the bell.

17                Read the last section.

18                THE SECRETARY:   Section 5.  This 

19   act shall take effect January 1, 2023.

20                ACTING PRESIDENT BAILEY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BAILEY:   Announce 

24   the results.

25                THE SECRETARY:   In relation to 


                                                               2482

 1   Calendar Number 970, those Senators voting in the 

 2   negative are Senators Akshar, Amedore, Borrello, 

 3   Boyle, Funke, Gallivan, Griffo, Helming, Jordan, 

 4   Lanza, LaValle, Little, O'Mara, Ortt, 

 5   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

 6   Tedisco.

 7                Ayes, 40.  Nays, 20.

 8                ACTING PRESIDENT BAILEY:   The bill 

 9   is passed.

10                Senator Gianaris, that completes the 

11   reading of the controversial calendar.

12                SENATOR GIANARIS:   Okay, thank you, 

13   Mr. President.

14                At this time let me outline for 

15   anyone that's paying attention what the plan is 

16   for the rest of the evening.  We're going to 

17   stand at ease for 90 minutes for party 

18   conferences.  It's a little after 5:00, so why 

19   don't we say let us stand at ease until 6:30, 

20   after which we will have a Rules Committee 

21   meeting and additional floor action on 

22   supplemental calendars based on that 

23   Rules Committee meeting.

24                So, Mr. President, the Senate stands 

25   at ease until 6:30, at which time there will be a 


                                                               2483

 1   Rules Committee meeting in Room 332.

 2                ACTING PRESIDENT BAILEY:   The 

 3   Senate will stand at ease.

 4                (Whereupon, the Senate stood at ease 

 5   at 5:10 p.m.)

 6                (Whereupon, the Senate reconvened at 

 7   7:26 p.m.)

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   Senate will return to order.

10                Senator Gianaris.

11                SENATOR GIANARIS:   Thank you, 

12   Mr. President.  At this time can we take up the 

13   reading of Supplemental Calendar 38B.

14                ACTING PRESIDENT BENJAMIN:   There's 

15   a substitution at the desk.  

16                The Secretary will read.

17                THE SECRETARY:   Senator Benjamin 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 1436C and substitute it for 

20   the identical Senate Bill 222C, Third Reading 

21   Calendar 870.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               2484

 1   870, Assembly Print Number 1436C, by 

 2   Assemblymember Epstein, an act to amend the 

 3   Social Services Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   871, Senate Print 272A, by Senator Benjamin, an 

18   act to amend the Retirement and Social Security 

19   Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 7.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2485

 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 871, voting in the negative:  Senator 

 7   Lanza.

 8                Ayes, 59.  Nays, 1.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   873, Senate Print 584A, by Senator Kennedy, an 

13   act to amend the New York State Urban Development 

14   Corporation Act.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect on the first of April.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Kennedy to explain his vote.

24                SENATOR KENNEDY:   Thank you, 

25   Mr. President.  


                                                               2486

 1                I rise today to support the passage 

 2   of this bill that I sponsor referred to as the 

 3   FRESH Act, which stands for the "Food Retail 

 4   Establishment Subsidization for Healthy 

 5   Communities."  

 6                Across the nation, Mr. President, 

 7   23.5 million Americans currently live in food 

 8   deserts.  And according to USDA research, more 

 9   than 2.3 million Americans live more than a mile 

10   away from a supermarket and do not own a car.  

11                Back in my district, there's several 

12   food deserts, both in the City of Lackawanna and 

13   in the City of Buffalo, where at least one-third 

14   of the population lives more than a mile from a 

15   supermarket or a large grocery store.  They have 

16   little to no access to fresh, healthy food 

17   options, all because grocers have chosen not to 

18   invest in these neighborhoods.  

19                And think about it.  As these 

20   individuals have to get these foods from 

21   somewhere, they have to go out in the inclement 

22   weather, oftentimes risking life and limb just to 

23   get to the grocery store where they can take care 

24   of themselves and their families -- and that's 

25   not right.  


                                                               2487

 1                These communities are often 

 2   underserved, low income, and at risk for 

 3   diabetes, obesity and other underlying issues.  

 4   This gap in access to proper nutrition is simply 

 5   unacceptable.  All New Yorkers deserve access to 

 6   fresh food, regardless of zip code or 

 7   socioeconomic status.  

 8                Through this FRESH Act, we're 

 9   incentivizing opportunities for supermarkets to 

10   put down roots in urban and rural areas that 

11   currently lack sufficient access to healthy food.  

12   In turn, we're not only requiring them to provide 

13   nutritional, locally sourced produce, but we're 

14   also requesting that they create local jobs for 

15   the surrounding communities to choose to invest 

16   in.

17                Through this legislation we're 

18   attempting to close the current gap that exists 

19   by providing the kind of accessibility to healthy 

20   food options that everyone rightfully deserves 

21   regardless of where they live.  

22                Mr. President, I vote aye.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Kennedy to be recorded in the affirmative.

25                Announce the results.


                                                               2488

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 873, voting in the negative:  

 3   Senator Ranzenhofer.  

 4                Ayes, 59.  Nays, 1.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   874, Senate Print 745A, by Senator Montgomery, an 

 9   act to amend the Executive Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Announce the results.

19                THE SECRETARY:   In relation to 

20   Calendar Number 874, those Senators voting in the 

21   negative are Senators Funke, Ortt, Ranzenhofer, 

22   Robach and Seward.

23                Ayes, 55.  Nays, 5.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               2489

 1                There's a substitution at the desk.  

 2                The Secretary will read.

 3                THE SECRETARY:   Senator Hoylman 

 4   moves to discharge, from the Committee on Banks, 

 5   Assembly Bill Number 3275B and substitute it for 

 6   the identical Senate Bill 1476B, Third Reading 

 7   Calendar 875.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   substitution is so ordered.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   875, Assembly Bill Number 3275B, by 

13   Assemblymember Epstein, an act to direct the 

14   Department of Financial Services to study, 

15   evaluate and make recommendations concerning 

16   lending practices.

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.


                                                               2490

 1                THE SECRETARY:   In relation to 

 2   Calendar 875, those Senators voting in the 

 3   negative are Senators Akshar, Funke, Jordan, 

 4   Lanza, O'Mara, Ranzenhofer and Tedisco.  

 5                Ayes, 53.  Nays, 7.  

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.  

 8                THE SECRETARY:   Calendar Number 

 9   876, Senate Print 1548, by Senator Kennedy, an 

10   act to amend the Highway Law.

11                ACTING PRESIDENT BENJAMIN:   There 

12   is a home-rule message at the desk.

13                Read the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:   

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 876, voting in the negative:  

23   Senator Funke.  

24                Ayes, 59.  Nays, 1.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2491

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   877, Senate Print 1550, by Senator Kennedy, an 

 4   act to amend the Highway Law.

 5                ACTING PRESIDENT BENJAMIN:   There 

 6   is a home-rule message at the desk.

 7                Read 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 877, voting in the negative:  

17   Senator Funke.  

18                Ayes, 59.  Nays, 1.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   879, Senate Print 3880, by Senator Martinez, an 

23   act to amend the Criminal Procedure Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               2492

 1                THE SECRETARY:   Section 2.  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:   In relation to 

 9   Calendar Number 879, those Senators voting in the 

10   negative are Senators Bailey and Krueger.  

11                Ayes, 58.  Nays, 2.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   880, Senate Print 3904A, by Senator Martinez, an 

16   act in relation to entitling Robert V. Vassallo, 

17   Sr., to reapply for a disability retirement from 

18   the New York State Police.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2493

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 60.

 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 Breslin 

 9   moves to discharge, from the Committee on Rules, 

10   Assembly Bill Number 8091A and substitute it for 

11   the identical Senate Bill Number 5254B, Third 

12   Reading Calendar 884.

13                ACTING PRESIDENT BENJAMIN:   The 

14   substitution is so ordered.  

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   884, Assembly Print Number 8091A, by Assemblyman 

18   Magnarelli, an act to amend the Real Property Tax 

19   Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect January 21, 2021.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               2494

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 884, those Senators voting in the 

 6   negative are Senators Ortt, Ranzenhofer, Ritchie, 

 7   Robach and Seward.  

 8                Ayes, 55.  Nays, 5.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                There is a substitution at the desk.

12                The Secretary will read.

13                THE SECRETARY:   Senator Robach 

14   moves to discharge, from the Committee on Rules, 

15   Assembly Bill Number 7646A and substitute it for 

16   the identical Senate Bill Number 6144A, Third 

17   Reading Calendar 888.

18                ACTING PRESIDENT BENJAMIN:   The 

19   substitution is so ordered.

20                The Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   888, Assembly Print Number 7646A, by 

23   Assemblymember Bronson, an act to amend the 

24   General Municipal Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               2495

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.  

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                There is a substitution at the desk.  

13                The Secretary will read.

14                THE SECRETARY:   Senator Felder 

15   moves to discharge, from the Committee on Rules, 

16   Assembly Bill Number 8146 and substitute it for 

17   the identical Senate Bill Number 6226, Third 

18   Reading Calendar 889.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   889, Assembly Print Number 8146, by 

24   Assemblymember Paulin, an act to amend the 

25   Public Health Law.


                                                               2496

 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:   Ayes, 60.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                There is a substitution at the desk.

15                The Secretary will read.

16                THE SECRETARY:   Senator Seward 

17   moves to discharge, from the Committee on Rules, 

18   Assembly Bill Number 8295A and substitute it for 

19   the identical Senate Bill Number 6420A, Third 

20   Reading Calendar 890.

21                ACTING PRESIDENT BENJAMIN:   The 

22   substitution is so ordered.

23                The Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   890, Assembly Print Number 8295A, by 


                                                               2497

 1   Assemblymember Salka, an act relating to the 

 2   miscalculation of benefits paid to 

 3   Katherine Sweeney.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   892, Senate Print 6880, by Senator Gallivan, an 

18   act to amend the General Municipal Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2498

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   897, Senate Print 8218, by Senator Seward, an act 

 8   to authorize the City of Little Falls, in the 

 9   County of Herkimer, to offer certain retirement 

10   options to Police Officer Justin Dibble. 

11                ACTING PRESIDENT BENJAMIN:   There 

12   is a home-rule message at the desk.

13                Read 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:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   898, Senate Print 8278A, by Senator Kennedy, an 


                                                               2499

 1   act to amend the Labor Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Kennedy to explain his vote.

11                SENATOR KENNEDY:   Yes, thank you, 

12   Mr. President.

13                Time and again throughout the 

14   COVID-19 pandemic we've talked about those 

15   front-line heroes, the individuals who are 

16   risking their own health and safety, putting 

17   their lives on the line every day to provide care 

18   and comfort to those who are impacted by this 

19   devastating virus.

20                Over the last few months, we've 

21   simultaneously seen thousands of New Yorkers lose 

22   their jobs.  

23                This legislation seeks to take those 

24   two populations and weave them into one.  We know 

25   folks who are unemployed are eager to return to 


                                                               2500

 1   the workforce, eager to help, to make a 

 2   difference during this challenging time.  We also 

 3   know that there's already a shortage of medically 

 4   necessary positions, particularly certified 

 5   nursing aides and nurses across the state.  

 6                This is a vocation that can be 

 7   trained in roughly one month under normal 

 8   circumstances.  Through this bill we're requiring 

 9   the Department of Labor, in consultation with the 

10   Department of Health, to establish a program that 

11   incentivizes unemployed individuals to enter jobs 

12   in healthcare and receive that training in an 

13   expedited fashion.

14                By providing this training in this 

15   accelerated timeline, we can ensure that our 

16   medical system is properly ramping up as demand 

17   for hospital services grows -- and as we 

18   contemplate the potential for a second wave of 

19   the COVID-19 pandemic to make its way into 

20   New York.

21                It's imperative that we develop 

22   plans to retrain and utilize our state's 

23   workforce who have been negatively impacted by 

24   business closures caused by COVID-19, and we know 

25   our medical field is desperately seeking to build 


                                                               2501

 1   its workforce.  As New York and our nation 

 2   continue to wage a war against COVID-19, we 

 3   should be ensuring that our most valuable asset, 

 4   our workforce, plays a major role in this 

 5   recovery.  

 6                To the dozens of my colleagues who 

 7   have already and actively supported our push, I 

 8   thank you.  I thank you as an occupational 

 9   therapist, as the husband of a physical 

10   therapist, the son of a nurse and as someone who 

11   has worked on the front lines but has seen 

12   individuals giving their all through this, the 

13   darkest of times, in our hospitals and other 

14   healthcare institutions.

15                Mr. President, I vote aye.

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Kennedy to be recorded in the affirmative.

18                Announce the results.

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                There's a substitution at the desk.

23                The Secretary will read.

24                THE SECRETARY:   Senator Seward 

25   moves to discharge, from the Committee on Rules, 


                                                               2502

 1   Assembly Bill Number 10453 and substitute it for 

 2   the identical Senate Bill 8333, Third Reading 

 3   Calendar 901.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   substitution is so ordered.

 6                The Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   901, Assembly Print Number 10453, by the Assembly 

 9   Committee on Rules, an act to authorize Thomas J. 

10   Carinci, Jr., to take the competitive civil 

11   service examination.

12                ACTING PRESIDENT BENJAMIN:   There 

13   is a home-rule message at the desk.

14                Read the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2503

 1   902, Senate Print 8337, by Senator Rivera, an act 

 2   to amend the Social Services Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect October 1, 2020.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   903, Senate Print 8361, by Senator Rivera, an act 

17   to amend the Public Health 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:    


                                                               2504

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   905, Senate Print 8403, by Senator Rivera, an act 

 7   to amend the Social Services Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect October 1, 2020.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   910, Senate Print 8482, by Senator Skoufis, an 

22   act to amend the Alcoholic Beverage Control Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2505

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 910, voting in the negative:  

 9   Senator Robach.  

10                Ayes, 59.  Nays, 1.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                There is a substitution at the desk.

14                The Secretary will read.

15                THE SECRETARY:   Senator Carlucci 

16   moves to discharge, from the Committee on Rules, 

17   Assembly Bill Number 10057 and substitute it for 

18   the identical Senate Bill Number 8532, Third 

19   Reading Calendar 912.

20                ACTING PRESIDENT BENJAMIN:   The 

21   substitution is so ordered.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   912, Assembly Print Number 10057, by 

25   Assemblymember Jaffee, an act in relation to 


                                                               2506

 1   authorizing Hamaspik of Rockland County, Inc., to 

 2   file with the Town of Ramapo assessor an 

 3   application for certain real property tax 

 4   exemptions.

 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, 60.

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 Carlucci 

20   moves to discharge, from the Committee on Rules, 

21   Assembly Bill Number 10056 and substitute it for 

22   the identical Senate Bill 8533, Third Reading 

23   Calendar 913.

24                ACTING PRESIDENT BENJAMIN:   The 

25   substitution is so ordered.


                                                               2507

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   913, Assembly Print Number 10056, by 

 4   Assemblymember Jaffee, an act in relation to 

 5   authorizing Hamaspik of Rockland County, Inc., to 

 6   file with the Town of Ramapo assessor an 

 7   application for certain real property tax 

 8   exemptions.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 60.

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 Carlucci 

24   moves to discharge, from the Committee on Rules, 

25   Assembly Bill Number 10055 and substitute it for 


                                                               2508

 1   the identical Senate Bill Number 8534, Third 

 2   Reading Calendar 914.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   substitution is so ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   914, Assembly Print Number 10055, by 

 8   Assemblymember Jaffee, an act in relation to 

 9   authorizing Hamaspik of Rockland County, Inc., to 

10   file with the Town of Ramapo assessor an 

11   application for certain real property tax 

12   exemptions.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2509

 1   915, Senate Print 8535, by Senator Thomas, an act 

 2   authorizing the Town of Hempstead to file and 

 3   convey certain state land to Levittown School 

 4   District.

 5                ACTING PRESIDENT BENJAMIN:   There 

 6   is a home-rule message at the desk.

 7                Read the last section.

 8                THE SECRETARY:   Section 7.  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, 60.

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 Harckham 

21   moves to discharge, from the Committee on Rules, 

22   Assembly Bill Number 7888B and substitute it for 

23   the identical Senate Bill 8540, Third Reading 

24   Calendar 916.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2510

 1   substitution is so ordered.

 2                The Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   916, Assembly Print Number 7888B, by 

 5   Assemblymember Byrne, an act in relation to 

 6   designating a portion of the state highway system 

 7   as the "Putnam County Workers Memorial Bridge."

 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 916, voting in the negative:  

19   Senator Lanza.  

20                Ayes, 59.  Nays, 1.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                There is a substitution at the desk.  

24                The Secretary will read.

25                THE SECRETARY:   Senator Harckham 


                                                               2511

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 10061A and substitute it for 

 3   the identical Senate Bill 8541, Third Reading 

 4   Calendar 917.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   917, Assembly Print Number 10061A, by 

10   Assemblymember Byrne, an act to amend the 

11   Executive Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                There is a substitution at the desk.  

25                The Secretary will read.


                                                               2512

 1                THE SECRETARY:   Senator Harckham 

 2   moves to discharge, from the Committee on Rules, 

 3   Assembly Bill Number 10073A and substitute it for 

 4   the identical Senate Bill 8542, Third Reading 

 5   Calendar 918.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   substitution is so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   918, Assembly Print Number 10073A, by 

11   Assemblymember Byrne, an act to amend the 

12   Executive Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2513

 1   919, Senate Print 8545, by Senator May, an act to 

 2   amend the General Municipal Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.  

15                There is a substitution at the desk.

16                The Secretary will read.

17                THE SECRETARY:   Senator Kaplan 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 10652A and substitute it for 

20   the identical Senate Bill 8552A, Third Reading 

21   Calendar 920.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               2514

 1   920, Assembly Print Number 10652A, by the 

 2   Assembly Committee on Rules, an act authorizing 

 3   the County of Nassau to alienate certain lands 

 4   used as parklands.

 5                ACTING PRESIDENT BENJAMIN:   There 

 6   is a home-rule message at the desk.

 7                Read 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, 60.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   921, Senate Print 8554, by Senator Parker, an act 

20   to authorize Top Community Development 

21   Corporation to file an application for a real 

22   property tax exemption.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2515

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.  

10                There is a substitution at the desk.  

11                The Secretary will read.

12                THE SECRETARY:   Senator Carlucci 

13   moves to discharge, from the Committee on Rules, 

14   Assembly Bill Number 10653A and substitute it for 

15   the identical Senate Bill 8555A, Third Reading 

16   Calendar 922.

17                ACTING PRESIDENT BENJAMIN:   The 

18   substitution is so ordered.

19                The Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   922, Assembly 10653A, by the Assembly Committee 

22   on Rules, an act to amend the Highway Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2516

 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   Carlucci to explain his vote.

 7                SENATOR CARLUCCI:   Thank you, 

 8   Mr. President.  

 9                I want to thank my colleagues for 

10   supporting this legislation.  This is to rename 

11   Route 45 in the Village of Spring Valley after 

12   Sandra Wilson.  

13                Sandra Wilson unfortunately was 

14   killed at the Finkelstein Library in February of 

15   this year, and her death really shocked our 

16   community, really rattled the library and the 

17   entire community surrounding the library.  And 

18   this legislation is to make sure that Sandra 

19   Wilson's legacy and her name doesn't die in vain, 

20   that we live on with her name and make sure that 

21   we remember her legacy.  

22                Because she worked at the 

23   Finkelstein Library in Spring Valley for about 

24   nine years, and before that she lived in the 

25   community, raised her family, went to 


                                                               2517

 1   Spring Valley High School down the street, and 

 2   was someone that you really wanted to know.  So 

 3   we wanted to dedicate the road right by the 

 4   library in her name to remember her legacy and to 

 5   make sure that we remember the contributions that 

 6   she's made to our community.  

 7                So on behalf of the Finkelstein 

 8   Library and the entire community in Spring 

 9   Valley, we thank all the Senators supporting this 

10   legislation and look forward to her name being on 

11   that street for decades to come.

12                So thank you, Mr. President.  I'll 

13   be voting in favor of this legislation.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Carlucci to be recorded in the affirmative.

16                Announce the results.

17                THE SECRETARY:   Ayes, 60.

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 Metzger 

23   moves to discharge, from the Committee on Rules, 

24   Assembly Bill Number 10607A and substitute it for 

25   the identical Senate Bill 8561A, Third Reading 


                                                               2518

 1   Calendar 923.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   substitution is so ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   923, Assembly Print Number 10607A, by the 

 7   Assembly Committee on Rules, an act to amend the 

 8   Agriculture and Markets Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   925, Senate Print 8588, by Senator Carlucci, an 

23   act to authorize Jodi Manne to receive a refund 

24   from the New York State Teachers' Retirement 

25   System.


                                                               2519

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                There is a substitution at the desk.

14                The Secretary will read.

15                THE SECRETARY:   Senator Carlucci 

16   moves to discharge, from the Committee on Rules, 

17   Assembly Bill Number 10058 and substitute it for 

18   the identical Senate Bill 8606, Third Reading 

19   Calendar 927.

20                ACTING PRESIDENT BENJAMIN:   The 

21   substitution is so ordered.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   927, Assembly Print Number 10058, by 

25   Assemblymember Jaffee, an act in relation to 


                                                               2520

 1   authorizing Hamaspik of Rockland County, Inc., to 

 2   file with the Town of Ramapo assessor an 

 3   application for certain real property tax 

 4   exemptions.

 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, 60.

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 Carlucci 

20   moves to discharge, from the Committee on Rules, 

21   Assembly Bill Number 10059 and substitute it for 

22   the identical Senate Bill 8607, Third Reading 

23   Calendar 928.

24                ACTING PRESIDENT BENJAMIN:   The 

25   substitution is so ordered.


                                                               2521

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   928, Assembly Print Number 10059, by 

 4   Assemblymember Jaffee, an act in relation to 

 5   authorizing Hamaspik of Rockland County, Inc., to 

 6   file with the Town of Ramapo assessor an 

 7   application for certain real property tax 

 8   exemptions.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 60.

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 Stavisky 

24   moves to discharge, from the Committee on Rules, 

25   Assembly Bill Number 10741 and substitute it for 


                                                               2522

 1   the identical Senate Bill 8632, Third Reading 

 2   Calendar 932.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   substitution is so ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   932, Assembly Print Number 10741, by the Assembly 

 8   Committee on Rules, an act in relation to 

 9   permitting the Education Department to renew 

10   limited and provisional permits for an additional 

11   12 months.  

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   933, Senate Print 8633B, by Senator May, an act 


                                                               2523

 1   in relation to enacting the "Reimagining 

 2   Long-Term Care Task Force."  

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 6.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 933, voting in the negative:  

14   Senator Ortt.

15                Ayes, 59.  Nays, 1.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   934, Senate Print 8635, by Senator Harckham, an 

20   act to amend the Environmental Conservation 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 


                                                               2524

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Harckham to explain his vote.

 5                SENATOR HARCKHAM:   Thank you, 

 6   Mr. President.

 7                I'm proud to sponsor this bill, and 

 8   it's an exciting bill because it accomplishes 

 9   some major goals that we all have:  Job creation, 

10   reducing greenhouse gases, and expanding our 

11   portfolio of renewal energy.  

12                This bill came about when the Town 

13   of Yorktown was working with a solar provider 

14   about putting solar canopies above the parking 

15   lot in one of their parks.  And as we worked with 

16   them, we worried about running out of time on 

17   alienation because of session ending, their local 

18   approvals, and how long it took.

19                Well, fortunately my legislative 

20   director, Joelle Foskett, thought what if we 

21   could eliminate that on all these projects.  And 

22   so therefore this legislation would do away with 

23   alienation for solar canopies above municipal 

24   parking lots and parks.  It doesn't impact the 

25   green space whatsoever.  It can save years on 


                                                               2525

 1   projects, create valuable green jobs, and will 

 2   help local communities and New York State meet 

 3   their clean climate goals.  

 4                So I'm excited to support this.  

 5   I'll be voting yes on this.  And with my 

 6   20 seconds remaining, I'd just like to comment on 

 7   a bill that we voted on earlier this evening -- 

 8   in fact, it was a bill of yours, Mr. President.  

 9                A Republican colleague brought a 

10   hostile amendment which was ruled nongermane, and 

11   it was voted down.  Well, lo and behold, within 

12   20 seconds of that vote my district was flooded 

13   with robocalls saying that I had voted against 

14   mom, pop and apple pie.  And that's just 

15   childish, it's cynical, and New Yorkers deserve 

16   better.  

17                And if our Republican colleagues 

18   really want to help police officers and their 

19   families, I invite them to support my bill, which 

20   increases the threshold for death benefit or 

21   serious injury benefit to $500,000.  

22                Thank you, Mr. President.  

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Harckham to be recorded in the affirmative.

25                Announce the results.


                                                               2526

 1                THE SECRETARY:   In relation to 

 2   Calendar 934, those Senators voting in the 

 3   negative are Senators Lanza and Ritchie.

 4                Ayes, 58.  Nays, 2.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   935, Senate Print 8637A, by Senator Kaminsky, an 

 9   act to amend the Highway Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 3.  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:   Senator 

18   Kaminsky to explain his vote.

19                SENATOR KAMINSKY:   Thank you very 

20   much, Mr. President.

21                During this pandemic many of us have 

22   had to sacrifice, but some sacrificed more than 

23   others -- and some sacrificed everything.  And 

24   today I rise in commemoration of a true hero, 

25   Michael Field, who as a volunteer firefighter 


                                                               2527

 1   contracted COVID while working on behalf of the 

 2   community, and passed away.  

 3                But I'd like to focus on a wonderful 

 4   life of sacrifice and citizenship and bravery 

 5   that he embodied, first as an EMT for the 

 6   New York City Fire Department, where he was 

 7   actually at the South Tower when the second plane 

 8   hit on 9/11.  He gave years to the citizens of 

 9   New York, rushing to the scenes that many were 

10   running away from, putting his life on the line 

11   on a daily basis.  

12                But also, at home on Long Island, he 

13   was a dedicated volunteer in the Valley Stream 

14   Fire Department, a dedicated Cub Scout leader, a 

15   dedicated man who could be counted on to be there 

16   again and again for our community, just like he 

17   was when he responded to his last call.  

18                So we are now today voting on a bill 

19   to name a bridge after him on the Southern State 

20   Parkway so that all entering Valley Stream, his 

21   home community, where his family still resides, 

22   will see the name of the Michael J. Field 

23   EMT/Firefighter Memorial Bridge.  They will know 

24   about his sacrifice and bravery for generations, 

25   and they will remember what he stood for.  And we 


                                                               2528

 1   will all take a little bit of him with us as we 

 2   continue to follow his lead.  

 3                I vote in the affirmative.  Thank 

 4   you, Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Kaminsky to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   Ayes, 60.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   936, Senate Print 8639, by Senator Kaminsky, an 

13   act in relation to authorizing the County of 

14   Nassau to lease certain parkland located in the 

15   Village of Atlantic Beach.  

16                ACTING PRESIDENT BENJAMIN:   There 

17   is a home-rule message at the desk.

18                Read the last section.

19                THE SECRETARY:   Section 5.  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.


                                                               2529

 1                THE SECRETARY:   Ayes, 60.

 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 Stavisky 

 7   moves to discharge, from the Committee on Rules, 

 8   Assembly Bill Number 10634B and substitute it for 

 9   the identical Senate Bill 8641A, Third Reading 

10   Calendar 937.

11                ACTING PRESIDENT BENJAMIN:   The 

12   substitution is so ordered.

13                The Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   937, Assembly 10634B, by the Assembly Committee 

16   on Rules, an act to amend the Education Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 5.  This 

20   act shall take effect nine months after it shall 

21   have become a law.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               2530

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                There is a substitution at the desk.  

 6                The Secretary will read.

 7                THE SECRETARY:   Senator Brooks 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 9968 and substitute it for 

10   the identical Senate Bill 8647, Third Reading 

11   Calendar 938.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                The Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   938, Assembly Print Number 9968, by 

17   Assemblymember Jean-Pierre, an act to amend 

18   Chapter 122 of the Laws of 2015.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2531

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 60.

 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 Gaughran 

 9   moves to discharge, from the Committee on Rules, 

10   Assembly Bill Number 10786A and substitute it for 

11   the identical Senate Bill 8652A, Third Reading 

12   Calendar 939.

13                ACTING PRESIDENT BENJAMIN:   The 

14   substitution is so ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   939, Assembly Number 10786A, by the Assembly 

18   Committee on Rules, an act in relation to 

19   establishing a Caumsett State Park fire readiness 

20   study.

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 


                                                               2532

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   940, Senate Print 8657, by Senator Martinez, an 

10   act granting retroactive membership in the 

11   New York State and Local Employees' Retirement 

12   System.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                There is a substitution at the desk.


                                                               2533

 1                The Secretary will read.  

 2                THE SECRETARY:   Senator Kennedy 

 3   moves to discharge, from the Committee on Rules, 

 4   Assembly Bill Number 8767A and substitute it for 

 5   the identical Senate Bill Number 8663A, Third 

 6   Reading Calendar 942.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   substitution is so ordered.

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   942, Assembly Print Number 8767A, by 

12   Assemblymember Jones, an act to establish the 

13   Adirondack Road Salt Reduction Task Force.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Kennedy to explain his vote.

21                SENATOR KENNEDY:   Thank you very 

22   much, Mr. President.

23                I rise as the sponsor of this 

24   legislation to support this bill creating the 

25   Adirondack Road Salt Reduction Task Force, a 


                                                               2534

 1   badly needed solution to a major problem in our 

 2   6.2 million-square-acre Adirondack Park.

 3                Despite New York's attempts to 

 4   protect the pristine environment of the 

 5   Adirondacks, the use of salt over the years has 

 6   been found in study after study to negatively 

 7   impact the lakes and watersheds in the area, 

 8   specifically downslope from roads.  The 

 9   ecological damage that has already been made is 

10   extraordinarily significant, and it's predicted 

11   to only get worse if we don't act immediately.  

12                Salt in surface and groundwater 

13   release, heavy metals and other toxic substances 

14   threatening the welfare of humans and animals 

15   alike -- not only is this in the watershed, found 

16   in the lakes and streams of the Adirondacks, but 

17   we've heard of catastrophic data coming out of 

18   individuals' wells that they use for their homes.

19                The single biggest culprit is the 

20   overuse of road salt during winter months, which 

21   we all know oftentimes can last up to six months 

22   throughout the year, especially in the higher 

23   altitudes of the Adirondacks.  A task force with 

24   representation from a wide range of partners will 

25   take all sides into consideration on this issue, 


                                                               2535

 1   study and examine the problem in detail, and 

 2   issue mandatory recommendations as to how to 

 3   address the use of salt on roadways.

 4                We have other options that we can 

 5   use, whether it's a different substance to treat 

 6   this ice and snow, different types of road plows, 

 7   or less harmful de-icing material.  We just need 

 8   to convene everyone together to figure out how 

 9   best to set new standards and practices.  That 

10   time is now.

11                This bill was moved forward in 

12   partnership with many strong advocates across 

13   New York who are committed to protecting our 

14   environment and our wildlife.  There's so many 

15   individuals to thank.  First and foremost, I want 

16   to mention Majority Leader Senator Andrea 

17   Stewart-Cousins for making sure that this 

18   legislation got to the floor this legislative 

19   session.  

20                I want to recognize Assemblymember 

21   Billy Jones, who carried this legislation to 

22   passage in the Assembly.  I also want to 

23   recognize our partner in the Senate, Senator 

24   Betty Little, who is the coprime sponsor of this 

25   bill and has worked diligently for many years in 


                                                               2536

 1   her district with the environmental advocates and 

 2   the Department of Transportation to come to a 

 3   solution on this problem.

 4                I also want to recognize the 

 5   organizations that worked so hard over many years 

 6   to drive this agenda forward:  The Adirondack 

 7   Council, the Sierra Club, the Citizens Campaign 

 8   for the Environment, the Environmental Advocates, 

 9   the New York League of Conservation Voters, the 

10   Adirondack Recreational Trail Advocates, 

11   ADKAction.org, and so many others.

12                And I also want to recognize our 

13   colleague Senator Todd Kaminsky, who brought this 

14   to my attention as chair of the Transportation 

15   Committee, as he is the chair of Environmental 

16   Conservation.  This is dealing with so many 

17   different partners that it takes all of us 

18   working together to find that final solution.  

19                But because of the dedication of so 

20   many, we're taking a step forward and 

21   prioritizing the preservation of New York's great 

22   outdoors, and I'm proud to join as an ally in 

23   this fight.  

24                With that, Mr. President, I vote 

25   aye.


                                                               2537

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Kennedy to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 942, voting in the negative:  

 6   Senator Lanza.

 7                Ayes, 59.  Nays, 1.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.  

10                There is a substitution at the desk.  

11                The Secretary will read.

12                THE SECRETARY:   Senator Seward 

13   moves to discharge, from the Committee on Rules, 

14   Assembly Bill Number 10774 and substitute it for 

15   the identical Senate Bill Number 8664, Third 

16   Reading Calendar 943.

17                ACTING PRESIDENT BENJAMIN:   The 

18   substitution is so ordered.

19                The Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   943, Assembly Print Number 10774, by the 

22   Assembly Committee on Rules, an act to amend the 

23   General City Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               2538

 1                THE SECRETARY:   Section 2.  This 

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

 3   shall have become a law.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                There is a substitution at the desk.  

13                The Secretary will read.

14                THE SECRETARY:   Senator Brooks 

15   moves to discharge, from the Committee on Rules, 

16   Assembly Bill Number 10077 and substitute it for 

17   the identical Senate Bill 8702, Third Reading 

18   Calendar 946.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   946, Assembly Print Number 10077, by 

24   Assemblymember McDonough, an act authorizing 

25   Community Mainstreaming Associates, Inc., to 


                                                               2539

 1   receive retroactive real property tax exempt 

 2   status.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.  

15                There is a substitution at the desk.

16                The Secretary will read.

17                THE SECRETARY:   Senator Brooks 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 8283A and substitute it for 

20   the identical Senate Bill Number 8711, Third 

21   Reading Calendar 947.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               2540

 1   947, Assembly Print Number 8283A, by 

 2   Assemblymember Darling, an act in relation to 

 3   permitting Roosevelt Fire District to file an 

 4   application for a retroactive real property tax 

 5   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:   Ayes, 60.

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 Helming 

21   moves to discharge, from the Committee on Rules, 

22   Assembly Bill Number 10222B and substitute it for 

23   the identical Senate Bill Number 8737, Third 

24   Reading Calendar 953.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2541

 1   substitution is so ordered.

 2                The Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   953, Assembly 10222B, by Assemblymember Bronson, 

 5   an act to amend the Alcoholic Beverage Control 

 6   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, 60.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                Senator Gianaris, that completes the 

20   reading of today's supplemental calendar.

21                SENATOR GIANARIS:   Mr. President, I 

22   believe there's a report of the Rules Committee 

23   at the desk.

24                ACTING PRESIDENT BENJAMIN:   There 

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


                                                               2542

 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 982, by 

 6   Senator Breslin, an act to amend the Banking Law; 

 7                Senate Print 5719, by Senator 

 8   Jackson, an act to amend the Education Law; 

 9                Senate Print 6308A, by 

10   Senator Metzger, an act to amend the 

11   Environmental Conservation Law; 

12                Senate Print 7072A, by 

13   Senator Ritchie, an act authorizing the 

14   Village of Canton to reduce the speed limit; 

15                Senate Print 7155, by 

16   Senator Comrie, an act to amend the 

17   Not-for-Profit Corporation Law;

18                Senate Print 7302A, by 

19   Senator Skoufis, an act to amend the Tax Law;

20                Senate Print 7531, by 

21   Senator Gallivan, an act to authorize 

22   Patrick Humiston to receive certain service 

23   credit under Section 384-d of the Retirement and 

24   Social Security Law;

25                Senate Print 7532, by 


                                                               2543

 1   Senator Gallivan, an act to authorize William J. 

 2   Cooley to receive certain service credit under 

 3   Section 384-d of the Retirement and Social 

 4   Security Law;

 5                Senate Print 7703, by 

 6   Senator Hoylman, an act to amend the 

 7   Judiciary Law; 

 8                Senate Print 7730, by 

 9   Senator Seward, an act to amend the Tax Law;

10                Senate Print 7731, by 

11   Senator Seward, an act to amend the Tax Law;

12                Senate Print 7741, by 

13   Senator Harckham, an act to amend the Tax Law;

14                Senate Print 7778, by 

15   Senator Seward, an act to amend the Tax Law; 

16                Senate Print 7789, by Senator May, 

17   an act to amend the Tax Law; 

18                Senate Print 7945, by 

19   Senator Seward, an act to amend the Tax Law; 

20                Senate Print 8064, by 

21   Senator Metzger, an act to amend the Tax Law; 

22                Senate Print 8127, by 

23   Senator Carlucci, an act in relation to 

24   authorizing Bais Malka HASC LLC to file an 

25   application for certain real property tax 


                                                               2544

 1   exemptions;

 2                Senate Print 8247A, by 

 3   Senator Kaminsky, an act to amend the 

 4   Social Services Law; 

 5                Senate Print 8255, by 

 6   Senator Rivera, an act to amend the 

 7   Insurance Law;

 8                Senate Print 8298B, by 

 9   Senator Biaggi, an act to amend the 

10   Public Buildings Law and the Agriculture and 

11   Markets Law; 

12                Senate Print 8331, by 

13   Senator O'Mara, an act to amend the Tax Law;

14                Senate Print 8345, by 

15   Senator O'Mara, an act to amend the Tax Law; 

16                Senate Print 8494, by 

17   Senator Skoufis, an act to amend the Town Law; 

18                Senate Print 8649, by 

19   Senator Skoufis, an act to amend the Town Law; 

20                Senate Print 8662, by 

21   Senator Kennedy, an act to amend the Alcoholic 

22   Beverage Control Law;

23                Senate Print 8714, by 

24   Senator Felder, an act to authorize Rickly Dear, 

25   the widow of Noach Dear, to file a new service 


                                                               2545

 1   retirement application and option election form 

 2   with the New York State and Local Employees' 

 3   Retirement System;

 4                Senate Print 8719, by 

 5   Senator Savino, an act in relation to directing 

 6   the Commissioner of Health to conduct a study of 

 7   the delivery of ambulatory care on Staten Island; 

 8                Senate Print 8734, by 

 9   Senator Stavisky, an act to amend the 

10   Education Law;

11                Senate Print 8739, by 

12   Senator Persaud, an act to amend the 

13   Social Services Law;

14                Senate Print 8742, by 

15   Senator Kaminsky, an act to authorize the Village 

16   of Malverne, in the County of Nassau, to offer a 

17   twenty-year retirement plan to Police Officer 

18   Thomas Smith; 

19                Senate Print 8753, by 

20   Senator Persaud, an act to authorize Jolie Louise 

21   Baynes, the daughter of Johnny Baynes, to file a 

22   new service retirement application; 

23                Senate Print 8787, by 

24   Senator Thomas, an act to amend the County Law 

25   and the New York City Charter; 


                                                               2546

 1                Senate Print 8793, by 

 2   Senator Martinez, an act in relation to 

 3   authorizing the Town of Brookhaven to accept an 

 4   application for a real property tax exemption.

 5                All bills ordered direct to third 

 6   reading.

 7                SENATOR GIANARIS:   Mr. President, 

 8   at this time, as we await the printing of 

 9   Supplemental Calendar C -- oh, I'm sorry.  

10                Before we do that, move to accept 

11   the report of the Rules Committee.

12                ACTING PRESIDENT BENJAMIN:   All in 

13   favor of accepting the Committee on Rules report 

14   signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT BENJAMIN:   

17   Opposed, nay.

18                (No response.)

19                ACTING PRESIDENT BENJAMIN:   The 

20   report is accepted and before the house.  

21                SENATOR GIANARIS:   Now, 

22   Mr. President, as we await the printing of 

23   Supplemental Calendar C, let us stand at ease 

24   just for a few minutes until that arrives.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2547

 1   Senate will stand at ease.

 2                (Whereupon, the Senate stood at ease 

 3   at 8:13 p.m.)

 4                (Whereupon, the Senate reconvened at 

 5   8:30 p.m.)

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   Senate will return to order.

 8                Senator Gianaris.

 9                SENATOR GIANARIS:   At this time, 

10   Mr. President, can we take up the reading of 

11   Supplemental Calendar C.

12                ACTING PRESIDENT BENJAMIN:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   971, Senate Print 982, by Senator Breslin, an act 

16   to amend the Banking Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the first of January.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               2548

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 971, those Senators voting in the 

 3   negative are Senators Jordan and Seward.  

 4                Ayes, 58.  Nays, 2.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   972, Senate Print 5719, by Senator Jackson, an 

 9   act to amend the Education 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:   Senator 

18   Jackson to explain his vote.

19                SENATOR JACKSON:   Thank you, 

20   Mr. President.

21                And to my colleagues here and at 

22   home, I thank you for the opportunity to talk on 

23   this bill.

24                There are thousands of children and 

25   parents that will be positively impacted as a 


                                                               2549

 1   result of if this bill is signed into law by the 

 2   Governor.

 3                And as you know, too many children 

 4   in our state have to walk to school past many 

 5   vacant and abandoned buildings or through areas 

 6   that have been scarred by scenes of crime and 

 7   violence, and too many parents have to worry 

 8   every day about their child's journey.  And this 

 9   kind of stress on a youngster creates an adult 

10   who may be saddled with trauma.

11                It is up to us as a state, and as 

12   responsible adults, to stop that from happening.  

13   Adding neighborhood decay and the ravage of crime 

14   to the list of factors that would allow a child 

15   to be eligible to take a school bus instead of 

16   walking to school is praiseworthy.  

17                And I say to all of you that safety 

18   and security is number one for our children.  And 

19   allowing this to happen will make sure that they 

20   are safe by a bus driver and/or a matron, 

21   depending on the conditions that they have, in 

22   order to get to school safely and return home 

23   safely.  And that's the primary responsibility of 

24   us as parents and as representatives, to make 

25   sure our families are safe.  


                                                               2550

 1                So, Mr. President, I vote aye on 

 2   this.  Thank you.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Jackson to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   973, Senate Print 6308A, by Senator Metzger, an 

11   act to amend the Environmental Conservation 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 973, those Senators voting in the 

23   negative are Senators Jordan, Ortt, Ritchie, 

24   Robach, Serino and Seward.

25                Ayes, 54.  Nays, 6.


                                                               2551

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   975, Senate Print 7072A, by Senator Ritchie, an 

 5   act relating to authorizing the Village of Canton 

 6   to reduce the speed limit on certain public 

 7   roadways.

 8                ACTING PRESIDENT BENJAMIN:   There 

 9   is a home-rule message at the desk. 

10                Read the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 60.

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 Comrie 

24   moves to discharge, from the Committee on 

25   Finance, Assembly Bill Number 9089 and substitute 


                                                               2552

 1   it for the identical Senate Bill 7155, Third 

 2   Reading Calendar 976.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   substitution is so ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   976, Assembly Print Number 9089, by 

 8   Assemblymember Paulin, an act to amend the 

 9   Not-for-Profit Corporation 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, 60.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   977, Senate Print 7302A, by Senator Skoufis, an 

24   act to amend the Tax Law.

25                ACTING PRESIDENT BENJAMIN:   There 


                                                               2553

 1   is a home-rule message at the desk.

 2                Read 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 977, those Senators voting in the 

12   negative are Senators Akshar, Brooks, Gaughran, 

13   Harckham, Helming, Jordan, Kaplan, Kennedy, 

14   Martinez, Metzger, O'Mara, Ortt, Ritchie, Serino, 

15   Seward and Thomas.

16                Ayes, 44.  Nays, 16.

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 Gallivan 

22   moves to discharge, from the Committee on Rules, 

23   Assembly Bill Number 9682 and substitute it for 

24   the identical Senate Bill 7531, Third Reading 

25   Calendar 978.


                                                               2554

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   978, Assembly Print Number 9682, by 

 6   Assemblymember Byrne, an act to authorize 

 7   Patrick Humiston to receive certain service 

 8   credit under Section 384-d of the Retirement and 

 9   Social Security 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, 60.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                There's a substitution at the desk.

23                The Secretary will read.

24                THE SECRETARY:   Senator Gallivan 

25   moves to discharge, from the Committee on Rules, 


                                                               2555

 1   Assembly Bill Number 9663 and substitute it for 

 2   the identical Senate Bill Number 7532, Third 

 3   Reading Calendar 979.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   substitution is so ordered.

 6                The Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   979, Assembly Print Number 9663, by 

 9   Assemblymember Ryan, an act to authorize William 

10   J. Cooley to receive certain service credit under 

11   Section 384-d.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.  

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   980, Senate Print 7703, by Senator Hoylman, an 


                                                               2556

 1   act to amend the Judiciary Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                There is a substitution at the desk.

15                The Secretary will read.

16                THE SECRETARY:   Senator Seward 

17   moves to discharge, from the Committee on Rules, 

18   Assembly Bill Number 10016 and substitute it for 

19   the identical Senate Bill Number 7730, Third 

20   Reading Calendar 981.

21                ACTING PRESIDENT BENJAMIN:   The 

22   substitution is so ordered.

23                The Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   981, Assembly Print Number 10016, by 


                                                               2557

 1   Assemblymember Salka, an act to amend the 

 2   Tax Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the first of the month 

 7   next succeeding the date on which it shall have 

 8   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:   In relation to 

15   Calendar Number 981, those Senators voting in the 

16   negative are Senators Brooks, Gaughran, Harckham, 

17   Jordan, Kaplan, Kennedy, Martinez, Metzger, 

18   Skoufis and Thomas.

19                Ayes, 50.  Nays, 10.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   982, Senate Print 7731, by Senator Seward, an act 

24   to amend the Tax Law.

25                ACTING PRESIDENT BENJAMIN:   There 


                                                               2558

 1   is a home-rule message at the desk.

 2                Read 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 982, those Senators voting in the 

12   negative are Senators Brooks, Gaughran, Kennedy 

13   and Thomas.  

14                Ayes, 56.  Nays, 4. 

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   983, Senate Print 7741, by Senator Harckham, an 

19   act to amend the Tax Law.

20                ACTING PRESIDENT BENJAMIN:   There 

21   is a home-rule message at the desk.

22                Read the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2559

 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 983, those Senators voting in the 

 7   negative are Senators Brooks, Gaughran, Kennedy 

 8   and Thomas.  

 9                Ayes, 56.  Nays, 4.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                There is a substitution at the desk.

13                The Secretary will read.

14                THE SECRETARY:   Senator Seward 

15   moves to discharge, from the Committee on Rules, 

16   Assembly Bill Number 9816 and substitute it for 

17   the identical Senate Bill Number 7778, Third 

18   Reading Calendar 984.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   984, Assembly Print Number 9816, by 

24   Assemblymember Lifton, an act to amend the 

25   Tax Law.


                                                               2560

 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 984, those Senators voting in the 

12   negative are Senators Brooks, Gaughran, Harckham, 

13   Kaplan, Kennedy, Martinez, Metzger, Skoufis and 

14   Thomas.  

15                Ayes, 51.  Nays, 9.

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 May moves 

21   to discharge, from the Committee on Rules, 

22   Assembly Bill Number 9738 and substitute it for 

23   the identical Senate Bill Number 7789, Third 

24   Reading Calendar 985.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               2561

 1   substitution is so ordered.

 2                The Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   985, Assembly Print Number 9738, by 

 5   Assemblymember Hunter, an act to amend the 

 6   Tax Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first day of the 

11   month next succeeding the date on which 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:   In relation to 

19   Calendar Number 985, those Senators voting in the 

20   negative are Senators Brooks, Gaughran, Harckham, 

21   Kaplan, Martinez, Metzger, Skoufis and Thomas.

22                Ayes, 52.  Nays, 8.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2562

 1   986, Senate Print 7945, by Senator Seward, an act 

 2   to amend the Tax Law.

 3                ACTING PRESIDENT BENJAMIN:   There 

 4   is a home-rule message at the desk.

 5                Read 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 986, those Senators voting in the 

15   negative are Senators Brooks, Gaughran, Kennedy 

16   and Thomas.  

17                Ayes, 56.  Nays, 4.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   987, Senate Print 8064, by Senator Metzger, an 

22   act to amend the Tax Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2563

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 987, those Senators voting in the 

 9   negative are Senators Akshar, Brooks, Gaughran, 

10   Harckham, Helming, Jordan, Kaplan, Martinez, 

11   O'Mara, Ortt, Ritchie, Serino, Seward, Skoufis 

12   and Thomas.  

13                Ayes, 45.  Nays, 15.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   988, Senate Print 8127, by Senator Carlucci, an 

18   act in relation to authorizing Bais Malka HASC 

19   LLC to file an application for certain real 

20   property tax exemptions.

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 


                                                               2564

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   989, Senate Print 8247A, by Senator Kaminsky, an 

10   act to amend the Social Services Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 4.  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, 60.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   990, Senate Print 8255, by Senator Rivera, an act 

25   to amend the Insurance Law.


                                                               2565

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 4.  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 990, those Senators voting in the 

12   negative are Senators Borrello, Jordan, Robach 

13   and Seward.

14                Ayes, 56.  Nays, 4.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   991, Senate Print 8298B, by Senator Biaggi, an 

19   act to amend the Public Buildings Law and the 

20   Agriculture and Markets Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2566

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 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 O'Mara 

11   moves to discharge, from the Committee on Rules, 

12   Assembly Bill Number 10415 and substitute it for 

13   the identical Senate Bill Number 8331, Third 

14   Reading Calendar 992.

15                ACTING PRESIDENT BENJAMIN:   The 

16   substitution is so ordered.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   992, Assembly Print Number 10415, by the Assembly 

20   Committee on Rules, an act to amend the Tax Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               2567

 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 992, those Senators voting in the 

 7   negative are Senators Akshar, Brooks, Gaughran, 

 8   Harckham, Helming, Jordan, Kaplan, Kennedy, 

 9   Martinez, Metzger, Serino, Skoufis and Thomas.

10                Ayes, 47.  Nays, 13.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.  

13                There is a substitution at the desk. 

14                The Secretary will read.

15                THE SECRETARY:   Senator O'Mara 

16   moves to discharge, from the Committee on Rules, 

17   Assembly Bill Number 10416 and substitute it for 

18   the identical Senate Bill Number 8345, Third 

19   Reading Calendar 993.

20                ACTING PRESIDENT BENJAMIN:   The 

21   substitution is so ordered.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   993, Assembly Print Number 10416, by the Assembly 

25   Committee on Rules, an act to amend the Tax Law.


                                                               2568

 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 993, those Senators voting in the 

12   negative are Senators Brooks, Gaughran, Harckham, 

13   Kaplan, Kennedy, Serino and Skoufis.

14                Ayes, 53.  Nays, 7.

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 Skoufis 

20   moves to discharge, from the Committee on Rules, 

21   Assembly Bill Number 9154A and substitute it for 

22   the identical Senate Bill Number 8494, Third 

23   Reading Calendar 995.

24                ACTING PRESIDENT BENJAMIN:   The 

25   substitution is so ordered.


                                                               2569

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   995, Assembly 9154A, by Assemblymember Jacobson, 

 4   an act to amend the Town 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 995, those Senators voting in the 

16   negative are Senators Brooks, Gaughran and 

17   Martinez.  

18                Ayes, 57.  Nays, 3.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   997, Senate Print 8649, by Senator Skoufis, an 

23   act to amend the Town Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               2570

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 997, those Senators voting in the 

10   negative are Senators Akshar, Amedore, Borrello, 

11   Brooks, Felder, Gaughran, Helming, Jordan, 

12   Kennedy, Martinez, O'Mara, Ortt, Ritchie, Robach, 

13   Serino, Seward and Thomas.

14                Ayes, 43.  Nays, 17.

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 Kennedy 

20   moves to discharge, from the Committee on Rules, 

21   Assembly Bill Number 10707 and substitute it for 

22   the identical Senate Bill Number 8662, Third 

23   Reading Calendar 998.

24                ACTING PRESIDENT BENJAMIN:   The 

25   substitution is so ordered.


                                                               2571

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   998, Assembly Bill Number 10707, by the 

 4   Assembly Committee on Rules, an act to amend the 

 5   Alcoholic Beverage Control 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:   Ayes, 60.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   999, Senate Print 8714, by Senator Felder, an act 

20   to authorize Rickly Dear, the widow of 

21   Noach Dear, to file a new service retirement 

22   application and option election form with the 

23   New York State and Local Employees' Retirement 

24   System.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               2572

 1   the last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                There is a substitution at the desk.

13                The Secretary will read.

14                THE SECRETARY:   Senator Savino 

15   moves to discharge, from the Committee on Rules, 

16   Assembly Bill Number 10470A and substitute it for 

17   the identical Senate Bill Number 8719, Third 

18   Reading Calendar 1000.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   1000, Assembly Print Number 10470A, by the 

24   Assembly Committee on Rules, an act in relation 

25   to directing the Commissioner of Health to 


                                                               2573

 1   conduct a study of the delivery of ambulatory 

 2   care on Staten Island.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                There is a substitution at the desk.

16                The Secretary will read.

17                THE SECRETARY:   Senator Stavisky 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 10793 and substitute it for 

20   the identical Senate Bill Number 8734, Third 

21   Reading Calendar 1001.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               2574

 1   1001, Assembly Print 10793, by the 

 2   Assembly Committee on Rules, an act to amend the 

 3   Education Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1002, Senate Print 8739, by Senator Persaud, an 

18   act to amend the Social Services 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.)


                                                               2575

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 60.

 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 Kaminsky 

 9   moves to discharge, from the Committee on Rules, 

10   Assembly Bill Number 10796 and substitute it for 

11   the identical Senate Bill 8742, Third Reading 

12   Calendar 1003.

13                ACTING PRESIDENT BENJAMIN:   The 

14   substitution is so ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1003, Assembly Bill 10796, by the 

18   Assembly Committee on Rules, an act to authorize 

19   the Village of Malverne, in the County of Nassau, 

20   to offer a twenty-year retirement plan to 

21   Police Officer Thomas Smith.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               2576

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:   There 

 5   is a home-rule message at the desk.  

 6                Call the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1004, Senate Print 8753, by Senator Persaud, an 

15   act to authorize Jolie Louise Baynes, the 

16   daughter of Johnny Baynes, to file a new service 

17   retirement application.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               2577

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 1004, those Senators voting in 

 4   the negative are Senators Borrello, Helming, 

 5   Jordan, Ortt, Ritchie, Serino and Seward.

 6                Ayes, 53.  Nays, 7.

 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:   Senator Thomas 

12   moves to discharge, from the Committee on Rules, 

13   Assembly Bill Number 8511A and substitute it for 

14   the identical Senate Bill 8787, Third Reading 

15   Calendar 1005.

16                ACTING PRESIDENT BENJAMIN:   The 

17   substitution is so ordered.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   1005, Assembly Print Number 8511A, by 

21   Assemblymember Epstein, an act to amend the 

22   County Law and the New York City Charter.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2578

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 1005, those Senators voting in 

 9   the negative are Senators Akshar, Amedore, 

10   Borrello, Funke, Gallivan, Griffo, Helming, 

11   Jordan, Lanza, Little, O'Mara, Ortt, Ranzenhofer, 

12   Ritchie, Robach, Serino, Seward and Tedisco.

13                Ayes, 42.  Nays, 18.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1006, Senate Print 8793, by Senator Martinez, an 

18   act in relation to authorizing the Town of 

19   Brookhaven to accept an application for a real 

20   property tax exemption.

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 


                                                               2579

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                Senator Gianaris, that completes the 

 9   reading of today's supplemental calendar.

10                SENATOR GIANARIS:   Is there any 

11   further business at the desk?

12                ACTING PRESIDENT BENJAMIN:   There 

13   is no further business at the desk.

14                SENATOR GIANARIS:   Move to adjourn 

15   until tomorrow, Thursday, July 23rd, at 

16   12:00 noon.

17                ACTING PRESIDENT BENJAMIN:   On 

18   motion, the Senate stands adjourned until 

19   Thursday, July 23rd, at 12:00 noon.

20                (Whereupon, at 9:01 p.m., the Senate 

21   adjourned.)

22

23

24

25