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
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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