Regular Session - May 11, 2021

                                                                   3266

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 11, 2021

11                      3:10 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3267

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

 2                ACTING PRESIDENT MAYER:   The Senate 

 3   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 MAYER:   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 MAYER:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   May 10, 2021, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, May 9, 2021, 

18   was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT MAYER:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.  

23                Messages from the Assembly.

24                Messages from the Governor.  

25                Reports of standing committees.


                                                               3268

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Good afternoon, 

 7   Madam President.  

 8                Amendments are offered to the 

 9   following Third Reading Calendar bills:  

10                By Senator Myrie, page 24, Calendar 

11   522, Senate Print 294;

12                By Senator Rivera, page 26, Calendar 

13   550, Senate Print 4257;

14                By Senator Sanders, page 28, 

15   Calendar 613, Senate Print 5096; 

16                By Senator Kaplan, page 35, Calendar 

17   744, Senate Print 52; 

18                And by Senator Brooks, page 36, 

19   Calendar 762, Senate Print 1391. 

20                ACTING PRESIDENT MAYER:   The 

21   amendments are received, and the bills shall 

22   retain their place on the Third Reading Calendar.

23                Senator Gianaris.

24                SENATOR GIANARIS:   On behalf of 

25   Senator Kennedy, I wish to call up Senate Print 


                                                               3269

 1   5060, recalled from the Assembly, which is now at 

 2   the desk.

 3                ACTING PRESIDENT MAYER:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   639, Senate Print 5060, by Senator Kennedy, an 

 7   act to amend the Vehicle and Traffic Law.

 8                SENATOR GIANARIS:   Move to 

 9   reconsider the vote by which the bill was passed.

10                ACTING PRESIDENT MAYER:   The 

11   Secretary will call the roll on reconsideration.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT MAYER:   The bill 

15   is restored to its place on the Third Reading 

16   Calendar.

17                SENATOR GIANARIS:   I offer the 

18   following amendments.

19                ACTING PRESIDENT MAYER:   The 

20   amendments are received.

21                SENATOR GIANARIS:   Also on behalf 

22   of Senator Kennedy, I wish to call up 

23   Senate Print 6003, recalled from the Assembly, 

24   which is now at the desk.

25                ACTING PRESIDENT MAYER:   The 


                                                               3270

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   701, Senate Print 6003, by Senator Kennedy, an 

 4   act to amend the Public Authorities Law.

 5                SENATOR GIANARIS:   Move to 

 6   reconsider the vote by which the bill was passed.

 7                ACTING PRESIDENT MAYER:   The 

 8   Secretary will call the roll on reconsideration.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 63.

11                ACTING PRESIDENT MAYER:   The bill 

12   is restored to its place on the Third Reading 

13   Calendar.

14                SENATOR GIANARIS:   I offer the 

15   following amendments.

16                ACTING PRESIDENT MAYER:   The 

17   amendments are received.

18                SENATOR GIANARIS:   Please recognize 

19   Senator Lanza.

20                ACTING PRESIDENT MAYER:   Senator 

21   Lanza.

22                SENATOR LANZA:   Thank you.  Thank 

23   you, Madam President.  

24                On motion by Senator Gallivan, on 

25   page 36 I offer the following amendments to 


                                                               3271

 1   Calendar Number 759, Senate Print Number 5877A, 

 2   and ask that said bill retain its place on Third 

 3   Reading Calendar.

 4                ACTING PRESIDENT MAYER:   The 

 5   amendments are received, and the bill shall 

 6   retain its place on the Third Reading Calendar.

 7                Senator Gianaris.  

 8                SENATOR GIANARIS:   At this time I 

 9   move to adopt the Resolution Calendar, with the 

10   exception of Resolutions 738, 753, 761 and 762.

11                ACTING PRESIDENT MAYER:   All in 

12   favor of adopting the Resolution Calendar, with 

13   the exception of Resolutions 738, 753, 761 and 

14   762, please signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT MAYER:   Opposed, 

17   nay.  

18                (No response.)

19                ACTING PRESIDENT MAYER:   The 

20   Resolution Calendar is adopted.

21                Senator Gianaris.

22                SENATOR GIANARIS:   Can we now take 

23   up Resolution 738, by Senator Ryan, read the 

24   resolution's title, and recognize Senator Ryan.

25                ACTING PRESIDENT MAYER:   The 


                                                               3272

 1   Secretary will read.

 2                THE SECRETARY:   Senate Resolution 

 3   738, by Senator Ryan, mourning the death of 

 4   Madeline Davis, trailblazing gay and lesbian 

 5   activist, historian, distinguished citizen and 

 6   devoted member of her community.

 7                ACTING PRESIDENT MAYER:   Senator 

 8   Ryan on the resolution.

 9                SENATOR RYAN:   Thank you, 

10   Madam President.

11                It's been a difficult couple of 

12   weeks for the LGBTQ community in Buffalo and 

13   Western New York.  Last week I spoke of the loss 

14   of long-time activist Bruce Kogan, and today I 

15   rise to honor the life of another leading 

16   activist who was born in the City of Buffalo.  

17                Her name was Madeline Davis.  She 

18   was Dr. Madeline Davis, as she was a Ph.D.  She 

19   was an active and accomplished woman, and saying 

20   that is an understatement.  She spent her whole 

21   adult life fighting as an activist for equality.  

22   She was a teacher, an author, an historian, an 

23   accomplished actor, on top of being a trailblazer 

24   in so many different ways.  

25                She founded the first gay liberation 


                                                               3273

 1   organization in Western New York.  It was called 

 2   the Matachine Society of the Niagara Frontier.  

 3   How far we've come since those days.  

 4                She was also very involved in 

 5   politics, and she became the first openly gay 

 6   delegate to any political convention in America.  

 7                She taught at the University of 

 8   Buffalo.  She formed the first all-lesbian 

 9   theater company in the United States.  This is 

10   one person I'm talking about here, not several 

11   people.  

12                She was inducted into the Advocate 

13   Magazine's Hall of Fame in 2012.  

14                But what she really ended up doing, 

15   as she went decades into advocacy, was realizing 

16   that she was part of a historic moment.  So she 

17   became somebody who started writing down the 

18   history of the lesbian community, and she 

19   collected oral histories of people throughout 

20   Buffalo and Western New York.  Her whole body of 

21   work eventually went to the University of 

22   Buffalo, and they have the Dr. Madeline Davis 

23   LGBTQ Archive of Western New York at the 

24   University of Buffalo.

25                So she truly made a difference 


                                                               3274

 1   during her lifetime to so many people.  Madeline 

 2   Davis's legacy will continue for countless years 

 3   to come.  And I offer my condolences to her wife, 

 4   Wendy, to all her friends and her family.  

 5                Thank you, Madam President, for 

 6   allowing me to speak on this resolution.

 7                ACTING PRESIDENT MAYER:   The 

 8   question is on the resolution.  All in favor 

 9   signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT MAYER:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT MAYER:   The 

14   resolution is adopted.

15                Senator Gianaris.

16                SENATOR GIANARIS:   Thank you, 

17   Madam President.  

18                Now can we move on to Resolution 

19   753, by Senator Gaughran, read the title of that 

20   resolution, and recognize Senator Gaughran.

21                ACTING PRESIDENT MAYER:   The 

22   Secretary will read.

23                THE SECRETARY:   Senate Resolution 

24   753, by Senator Gaughran, mourning the tragic and 

25   untimely death of NYPD Police Officer Anastasios 


                                                               3275

 1   Tsakos on Tuesday, April 27, 2021.  

 2                ACTING PRESIDENT MAYER:   Senator 

 3   Gaughran on the resolution.

 4                SENATOR GAUGHRAN:   Thank you, 

 5   Madam President.

 6                I rise today to mourn the very 

 7   tragic loss of NYPD Officer Anastasios Tsakos, 

 8   who made the ultimate sacrifice on April 27th, 

 9   2021, bravely protecting the citizens of 

10   New York.

11                On that day Officer Tsakos was 

12   performing duties that he often did, just making 

13   sure that all New Yorkers and anybody visiting 

14   our state could go about their daily lives 

15   safely.  

16                This resolution and many accounts of 

17   the tragedy and the details that happened to this 

18   brave hero have -- are in the resolution, and 

19   there are various accounts of what happened that 

20   awful day.  And I'm not going to repeat them, 

21   because I want to really talk about the life of 

22   this wonderful human being and brave police 

23   officer.

24                He was the proud son of immigrants 

25   who came to the country from Laconia, from 


                                                               3276

 1   Greece, came to this country.  And he grew up in 

 2   Astoria, Queens, and actually for a brief time he 

 3   went to Greece and during this time he actually 

 4   joined, briefly, the Greek military.  

 5                He served as a member of the NYPD 

 6   proudly for 14 years.  His tenure included 

 7   service in the 75th and 93rd Precincts and also 

 8   Highway 3.  

 9                He was active in a whole bunch of 

10   important fraternal and charitable organizations 

11   because he always gave back to his community.  

12                But most importantly, he was a 

13   loving husband and father, leaving behind his 

14   wife Irene and two very young children, Jenny and 

15   Stavros.  

16                And being assigned to work nights, 

17   Officer Tsakos enjoyed playing with his children 

18   during the day and teaching them the values of 

19   life.  So we mourn this very tragic loss for 

20   their family.

21                Recently the Tsakos family bought a 

22   home on Long Island, in East Northport.  He 

23   immediately became involved with his neighbors in 

24   his new community.  And during this difficult 

25   COVID period, he actually volunteered countless 


                                                               3277

 1   hours and he delivered food to many of his 

 2   neighbors who couldn't leave their houses -- some 

 3   of them had COVID, some of them were older.  And 

 4   he just wanted to do his part on his own time.  

 5   He even did some home improvements for some 

 6   neighbors that were in need.

 7                So Officer Tsakos's exemplary life 

 8   makes this tragedy just so much more profound, 

 9   because we know he would have accomplished so 

10   much more good for his community and for this 

11   state.

12                We will forever honor the heroic 

13   service of Police Officer Anastasios Tsakos to 

14   New York and once again express our deepest 

15   condolences to the Tsakos family and to the NYPD.  

16                I vote in the affirmative, 

17   Madam President.  Thank you.

18                ACTING PRESIDENT MAYER:   Thank you, 

19   Senator Gaughran.

20                Senator Mattera on the resolution.

21                SENATOR MATTERA:   Thank you.  Thank 

22   you, Madam President.  

23                Last week the family of Detective 

24   Tsakos, the Long Island community, along with his 

25   fellow police officers and the New York Police 


                                                               3278

 1   Department, laid to rest Detective Tsakos.  A 

 2   hero was taken from his family and our state in a 

 3   senseless tragedy.  

 4                Today, led by Senator Jim Gaughran, 

 5   we stand together to honor his life and to let 

 6   his family know that we will never forget his 

 7   life.  Detective Tsakos was a 14-year veteran who 

 8   gave his life protecting our state's residents, 

 9   and we owe him an unpayable debt.

10                Throughout his career he was a 

11   member of the New York Police Department who had 

12   been called the best of the best by his fellow 

13   police officers, a mentor to all.  He was a 

14   shining example of how important our police are 

15   and how much we owe all of them for their 

16   service.  Sixty-seven-thousand New York State 

17   police officers protect all of us from harm's way 

18   every day.  

19                Most importantly, he was a husband, 

20   a son, a brother, and a father, a neighbor and a 

21   friend.  We hope his entire family knows that 

22   their state is with them during this difficult 

23   time and that we share in their loss.  

24                To his wife, Irene, we stand with 

25   you in this trying time.  We will continue to be 


                                                               3279

 1   there for you as you deal with this tragedy.

 2                To his young son, Stavros, and his 

 3   young daughter, Jenny, we hope you know that your 

 4   daddy was and is a hero, both in how we serve our 

 5   residents and who was in his community.  

 6                We will never forget his selfless 

 7   service to our residents to serve and to protect.  

 8   We will never forget the impact he had on our 

 9   community.  And we will never forget his 

10   sacrifice.  Rest in peace, Detective Tsakos.

11                Thank you.

12                ACTING PRESIDENT MAYER:   Thank you.

13                The question is on the resolution.  

14   All in favor signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT MAYER:   Opposed?  

17                (No response.)

18                ACTING PRESIDENT MAYER:   The 

19   resolution is adopted.

20                Senator Gianaris.

21                SENATOR GIANARIS:   Now, 

22   Madam President, Resolution 761, by Senator Rath, 

23   read the title of that resolution, and recognize 

24   Senator Rath.

25                ACTING PRESIDENT MAYER:   The 


                                                               3280

 1   Secretary will read.

 2                THE SECRETARY:   Senate Resolution 

 3   761, by Senator Rath, congratulating Joan 

 4   Fishburn upon the occasion of her designation as 

 5   recipient of the "Unsung Hero" SPARK Award by 

 6   Arts Services Inc.

 7                ACTING PRESIDENT MAYER:   Senator 

 8   Rath on the resolution.

 9                SENATOR RATH:   Thank you, 

10   Madam President.

11                I am happy to honor Joan Fishburn 

12   today as an Amherst resident who has been 

13   recognized as a recipient of the "Unsung Hero" 

14   Award by the Arts Services Inc. at their annual 

15   SPARK Awards.  The SPARK Awards identify 

16   outstanding individuals and organizations from 

17   across Western New York for their dedication, 

18   talent and impact on the arts and the cultural 

19   sectors of our community.

20                Joan has dedicated her time and her 

21   talents to the Western New York community for 

22   over six decades, and as a member of the Amherst 

23   Symphony Orchestra since 1959.  She has committed 

24   herself to the arts, and that has been an 

25   impressive set of accomplishments in our 


                                                               3281

 1   hometown.

 2                She has dedicated her time as the 

 3   president of both the Women's and the Friends 

 4   Committees of the Amherst Symphony, as well as 

 5   the Amherst Symphony Association's board of 

 6   directors.

 7                Joan has expanded many programs, 

 8   brought hundreds of young people to participate 

 9   in symphony concerts, and has brought symphony 

10   members into our schools in Amherst for 

11   educational presentations.  

12                She has been an advocate for the 

13   positive impact of music and what it can have on 

14   the lives of the children and adults alike in our 

15   community.  

16                So I would like to say thank you and 

17   congratulations to Joan Fishburn and thank her 

18   for all the incredible and outstanding impact she 

19   has had in our Amherst community.  

20                Madam President, thank you for the 

21   opportunity to speak on this resolution.

22                ACTING PRESIDENT MAYER:   Thank you.  

23                The question is on the resolution. 

24   All in favor signify by saying aye.

25                (Response of "Aye.")


                                                               3282

 1                ACTING PRESIDENT MAYER:   Opposed?  

 2                (No response.)

 3                ACTING PRESIDENT MAYER:   The 

 4   resolution is adopted.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   And finally, 

 7   Madam President, let's move to Resolution 762, 

 8   also by Senator Rath, read the title of that 

 9   resolution, and recognize Senator Rath.

10                ACTING PRESIDENT MAYER:   The 

11   Secretary will read.  

12                THE SECRETARY:   Senate Resolution 

13   762, by Senator Rath, congratulating 

14   Williamsville North wrestler Cameron Catrabone 

15   upon the occasion of winning the Freshman  

16   Division Title at the National High School 

17   Coaches Association Tournament.

18                ACTING PRESIDENT MAYER:   Senator 

19   Rath on the resolution.

20                SENATOR RATH:   Thank you, 

21   Madam President.  

22                I am honored to recognize an 

23   outstanding student athlete from my district, 

24   Cameron Catrabone.  

25                Cameron Catrabone is a freshman at 


                                                               3283

 1   Williamsville North High School and a wrestler on 

 2   the Wrestling Team.  And as a wrestler, Cameron 

 3   recently won the Freshman Division Title at the 

 4   National High School Coaches Association 

 5   Tournament held on Sunday, April 25th, in 

 6   Virginia.  This marks his sixth victory of the 

 7   tournament, and he conducted all of that without 

 8   a loss over the three-day tournament.

 9                Adding to the impressive feat, this 

10   was Cameron's first time at this national 

11   tournament.  It is also believed that he is the 

12   first winner from Western New York since 2015 for 

13   this esteemed title.  

14                His dedication to his sport and 

15   studies is extremely remarkable.  Cameron is 

16   actually a neighbor of mine, living one street 

17   over, and I've watched him grow up and become the 

18   remarkable young man that he is.  

19                And I wish him all the best in his 

20   future matches and look forward to following his 

21   future success.  

22                Thank you, Madam Chair.  I 

23   appreciate the opportunity to speak on this 

24   resolution.

25                ACTING PRESIDENT MAYER:   Thank you.  


                                                               3284

 1                The question is on the resolution.  

 2   All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT MAYER:   Opposed?  

 5                (No response.)

 6                ACTING PRESIDENT MAYER:   The 

 7   resolution is adopted.  

 8                Senator Gianaris.  

 9                SENATOR GIANARIS:   At the request 

10   of the various sponsors, these resolutions are 

11   all open for cosponsorship.

12                ACTING PRESIDENT MAYER:   The 

13   resolutions are open for cosponsorship.  Should 

14   you choose not to be a cosponsor of any of the 

15   resolutions, please notify the desk.

16                Senator Gianaris.  

17                SENATOR GIANARIS:   Let's take up 

18   the calendar, Madam President.  

19                ACTING PRESIDENT MAYER:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   118, Senate Print 1557A, by Senator Parker, an 

23   act to amend the Public Service Law and the 

24   General Business Law.

25                ACTING PRESIDENT MAYER:   Read the 


                                                               3285

 1   last section.  

 2                THE SECRETARY:   Section 6.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT MAYER:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT MAYER:   Senator  

 8   Parker to explain his vote.

 9                SENATOR PARKER:   Thank you, 

10   Madam President.  

11                I rise to vote aye on this bill.  

12   It's an important issue around domestic violence 

13   and how there are issues related to people who 

14   are trying to get out of these circumstances and 

15   their utility bills.  

16                In the U.S. there are more than 

17   10 million people who are abused by their 

18   intimate partners annually.  One particular 

19   difficult challenge for many survivors of 

20   domestic violence is utility debt.  A victim of 

21   abuse may be held responsible for debt accrued by 

22   their abusers, and oftentimes utility companies 

23   try to hold survivors responsible for these 

24   delinquent utility payments, and this further 

25   limits their ability to flee their abusive 


                                                               3286

 1   partners.  The utility does not only prevent 

 2   survivors from leaving their abusers, but it also 

 3   makes it difficult for survivors to obtain new 

 4   utility service if they do manage to escape.  

 5                This bill requires the release of 

 6   those individuals from the utility 

 7   corporations' telephone, cable TV, wireless 

 8   contracts in the instances of domestic violence.  

 9   As written, this bill allows a person who is 

10   under a shared contract to opt out of such 

11   contract without fee, penalty or charge when such 

12   a person is a victim of domestic violence or 

13   intimate partner violence, and provides an 

14   attestation in writing to their eligibility as a 

15   victim.  

16                A service provider may not require 

17   such a person to disclose confidential 

18   information or details in these cases as well.  

19                Also, it waives the otherwise 

20   applicable charges for non-published telephone 

21   listings where a customer requests protection of 

22   their identity in connection with consumer 

23   purchases by telephone service and a customer 

24   provides an attestation in writing for their 

25   eligibility as a victim, again.  


                                                               3287

 1                The bill also allows a person that 

 2   is under contract, including but not limited to a 

 3   multiyear account, or bundled contract, to opt 

 4   out of such a contract without fee, penalty or 

 5   charge when such a person, again, finds 

 6   themselves in one of these horrible conditions.  

 7                This legislation, again, provides an 

 8   escape clause of these contracts.  You know, we 

 9   think that people who are, you know, survivors of 

10   this kind of violence should not have to then 

11   again go through a whole new battle with their 

12   utilities.  

13                Thank you very much for bringing 

14   this bill to the floor, and I vote aye.

15                ACTING PRESIDENT MAYER:   Senator  

16   Parker to be recorded in the affirmative.

17                Announce the results.

18                THE SECRETARY:   Ayes, 63.

19                ACTING PRESIDENT MAYER:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   266, Senate Print 2586, by Senator Brisport, an 

23   act to amend the Social Services Law.

24                ACTING PRESIDENT MAYER:   Read the 

25   last section.


                                                               3288

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT MAYER:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT MAYER:   Announce 

 7   the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 266, those Senators voting in the 

10   negative are Senators Akshar, Borrello, Boyle, 

11   Griffo, Helming, Jordan, Lanza, Martucci, 

12   Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

13   Ritchie, Stec, Tedisco and Weik.

14                Ayes, 45.  Nays, 18.

15                ACTING PRESIDENT MAYER:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   300, Senate Print 1216, by Senator Benjamin, an 

19   act to amend the State Finance Law.

20                ACTING PRESIDENT MAYER:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT MAYER:   Call the 


                                                               3289

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT MAYER:   Announce 

 4   the results.

 5                THE SECRETARY:   Ayes, 63.

 6                ACTING PRESIDENT MAYER:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   401, Senate Print 672, by Senator Sanders, an act 

10   to amend the Social Services Law and the Civil 

11   Practice Law and Rules.

12                ACTING PRESIDENT MAYER:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT MAYER:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT MAYER:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 63.

22                ACTING PRESIDENT MAYER:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   440, Senate Print 3374, by Senator Bailey, an act 


                                                               3290

 1   to amend the Alcoholic Beverage Control Law.

 2                ACTING PRESIDENT MAYER:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT MAYER:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT MAYER:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 63.

12                ACTING PRESIDENT MAYER:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   485, Senate Print 244A, by Senator Mayer, an act 

16   to amend the General Business Law.

17                ACTING PRESIDENT MAYER:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect one year after it shall 

21   have become a law.

22                ACTING PRESIDENT MAYER:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT MAYER:   Announce 


                                                               3291

 1   the results.

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT MAYER:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   486, Senate Print 748, by Senator Biaggi, an act 

 7   to amend the General Business Law and the Tax 

 8   Law.

 9                ACTING PRESIDENT MAYER:   Read the 

10   last section.

11                THE SECRETARY:   Section 5.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT MAYER:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT MAYER:   Announce 

17   the results.

18                THE SECRETARY:   Ayes, 63.

19                ACTING PRESIDENT MAYER:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   493, Senate Print 3826, by Senator Griffo, an act 

23   to amend the Education Law.

24                ACTING PRESIDENT MAYER:   Read the 

25   last section.


                                                               3292

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT MAYER:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT MAYER:   Announce 

 7   the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 493, those Senators voting in the 

10   negative are Senators Brooks and Thomas.  

11                Ayes, 61.  Nays, 2.

12                ACTING PRESIDENT MAYER:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   527, Senate Print 3086, by Senator Salazar, an 

16   act to amend the Domestic Relations Law.

17                ACTING PRESIDENT MAYER:   Read the 

18   last section.

19                THE SECRETARY:   Section 8.  This 

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

21   shall have become a law.

22                ACTING PRESIDENT MAYER:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT MAYER:   Announce 


                                                               3293

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 527, those Senators voting in the 

 4   negative are Senators Felder and Lanza.

 5                Ayes, 61.  Nays, 2.

 6                ACTING PRESIDENT MAYER:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   662, Senate Print 3010, by Senator Ramos, an act 

10   to amend the Public Health Law and the Insurance 

11   Law.

12                ACTING PRESIDENT MAYER:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect one year after it shall 

16   have become a law.

17                ACTING PRESIDENT MAYER:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT MAYER:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 63.

23                ACTING PRESIDENT MAYER:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3294

 1   689, Senate Print 536, by Senator Kaplan, an act 

 2   to amend the Real Property Law.

 3                ACTING PRESIDENT MAYER:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 19.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT MAYER:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT MAYER:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar 689, voting in the negative:  

14   Senator Lanza.

15                Ayes, 62.  Nays, 1.

16                ACTING PRESIDENT MAYER:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   698, Senate Print 5137, by Senator Mattera, an 

20   act to amend the Public Authorities Law.

21                ACTING PRESIDENT MAYER:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT MAYER:   Call the 


                                                               3295

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT MAYER:   Senator 

 4   Mattera to explain his vote.

 5                SENATOR MATTERA:   Thank you, 

 6   Madam President.

 7                The formation of a subsidiary by a 

 8   public authority which itself must be 

 9   constitutionally created by the Legislature 

10   should not be allowed to be created by the parent 

11   public authority.  

12                This bill seeks to accomplish an 

13   important and major reform by prohibiting the 

14   formation of a subsidiary of public authority 

15   without prior permission of the Legislature.  

16   Several public authorities have gotten themselves 

17   into trouble due to the lack of oversight and an 

18   express set of guidelines of their subsidiaries.  

19                Accountability and operational 

20   soundness must be clearly demonstrated by these 

21   entities through public disclosure and access, 

22   with ultimate oversight resting with the people's 

23   representatives in the State Senate and Assembly.  

24                I am happy to be the sponsor of this 

25   bill and will be voting yes on S5137.  Thank you.


                                                               3296

 1                Thank you, Madam President.

 2                ACTING PRESIDENT MAYER:   Thank you.  

 3                Senator Mattera to be recorded in 

 4   the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 63.

 7                ACTING PRESIDENT MAYER:   The bill 

 8   is passed.

 9                Senator Lanza.

10                SENATOR LANZA:   Madam President, 

11   please join me in congratulating Senator Mattera 

12   on the passage of his first bill in this chamber.

13                (Applause.)

14                THE SECRETARY:   Calendar Number 

15   755, Senate Print 5381, by Senator Akshar, an act 

16   to amend the General Municipal Law.

17                ACTING PRESIDENT MAYER:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT MAYER:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT MAYER:   Announce 

25   the results.


                                                               3297

 1                THE SECRETARY:   Ayes, 63.

 2                ACTING PRESIDENT MAYER:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   771, Senate Print 1735, by Senator Skoufis, an 

 6   act to amend the General Business Law.

 7                ACTING PRESIDENT MAYER:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

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

11   shall have become a law.

12                ACTING PRESIDENT MAYER:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT MAYER:   Announce 

16   the results.  

17                THE SECRETARY:   Ayes, 63.

18                ACTING PRESIDENT MAYER:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   828, Senate Print 1399, by Senator Hoylman, an 

22   act to amend the Social Services Law.

23                SENATOR GIANARIS:   Lay it aside for 

24   the day.

25                ACTING PRESIDENT MAYER:   The bill 


                                                               3298

 1   is laid aside for the day.

 2                THE SECRETARY:   Calendar Number 

 3   835, Senate Print 6244A, by Senator Krueger, an 

 4   act to amend the Labor Law.

 5                ACTING PRESIDENT MAYER:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT MAYER:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT MAYER:   Announce 

13   the results.

14                THE SECRETARY:   Ayes, 63.

15                ACTING PRESIDENT MAYER:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   844, Senate Print 5434, by Senator Harckham, an 

19   act to amend the Mental Hygiene Law.

20                ACTING PRESIDENT MAYER:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT MAYER:   Call the 

25   roll.


                                                               3299

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT MAYER:   Senator 

 3   Harckham to explain his vote.

 4                SENATOR HARCKHAM:   Thank you, 

 5   Madam President.

 6                First I just want to thank our 

 7   Majority Leader for bringing this measure to the 

 8   floor.  I want to thank Chairwoman Brouk for 

 9   passing this out of the Committee on Mental 

10   Health.  And certainly I want to commend 

11   Assemblywoman Amy Paulin, who originated this 

12   legislation.

13                You'll recall, Madam President, in 

14   2019 we passed the Red Flag Bill, or Extreme Risk 

15   Protection Order Bill.  And what that bill 

16   allowed was that family members, police, 

17   educators can petition a court to remove firearms 

18   from someone who they -- the judge might deem to 

19   be at risk to themselves or to others.  

20                So sadly, in Westchester we had a 

21   case where a woman voluntarily committed herself 

22   for mental health treatment and, upon her 

23   release, purchased firearms and subsequently and 

24   tragically committed suicide.

25                And after the fact her family was 


                                                               3300

 1   distraught, wondering why she was allowed to 

 2   purchase firearms, not knowing about ERPO or the 

 3   Red Flag Bill.

 4                So this law would simply provide 

 5   information in the discharge planning, the 

 6   discharge information for both patients and 

 7   families about ERPO and where they can access 

 8   that process should they feel that that is 

 9   necessary.

10                So this bill will save lives in the 

11   long run, and I am voting yes.

12                Thank you, Madam President.

13                ACTING PRESIDENT MAYER:   Senator 

14   Harckham to be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar 844, those Senators voting in the 

18   negative are Senators Akshar, Borrello, Gallivan, 

19   Griffo, Helming, Jordan, Lanza, Oberacker, 

20   O'Mara, Ortt, Palumbo, Rath, Ritchie, Serino, 

21   Stec and Tedisco.

22                Ayes, 47.  Nays, 16.

23                ACTING PRESIDENT MAYER:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3301

 1   857, Senate Print 5723, by Senator Addabbo, an 

 2   act to amend the Racing, Pari-Mutuel Wagering and 

 3   Breeding Law.

 4                ACTING PRESIDENT MAYER:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT MAYER:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT MAYER:   Announce 

12   the results.

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT MAYER:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   859, Senate Print 404, by Senator Biaggi, an act 

18   to amend the Criminal Procedure Law.

19                ACTING PRESIDENT MAYER:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT MAYER:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3302

 1                ACTING PRESIDENT MAYER:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT MAYER:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   863, Senate Print 3020A, by Senator Parker, an 

 8   act to amend the Criminal Procedure Law and the 

 9   Executive Law.

10                ACTING PRESIDENT MAYER:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the first of January.

14                ACTING PRESIDENT MAYER:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT MAYER:   Senator  

18   Parker to explain his vote.

19                SENATOR PARKER:   Thank you, 

20   Madam President.  I rise to proudly vote aye on 

21   the Phoenix Act.  

22                More than one in three women and 

23   more than one in four men in the United States 

24   have experienced domestic violence by intimate 

25   partner.  And when that domestic violence occurs, 


                                                               3303

 1   the statute of limitations varies on the specific 

 2   crime.  The trauma and the impact of domestic 

 3   violence can take years to overcome.  

 4                And in addition, it's not uncommon 

 5   for survivors of domestic violence to be 

 6   reluctant to report their abusers.  Studies have 

 7   shown that 50 percent of domestic violence cases 

 8   go unreported, and in many cases it is not until 

 9   years after a violent relationship ends that a 

10   survivor may feel safe enough to report the 

11   crime.

12                The current statute of limitations 

13   is restrictive and does not take into account the 

14   complicated nature of these circumstances.  

15   Survivors of domestic violence may not report a 

16   crime for myriad reasons, including their age at 

17   the time of abuse, ongoing trauma, threats from a 

18   perpetrator, or the lack of evidence.

19                The Phoenix Act extends the statute 

20   of limitations for domestic violence offenses.  

21   For all offenses with a statute of limitations of 

22   less than 10 years, the bill creates a 10-year 

23   limit.  And for offenses with a statute of 

24   limitations of less than five years, the bill 

25   creates a five-year limit.


                                                               3304

 1                This legislation will provide 

 2   domestic violence survivors with time to come 

 3   forward and ensure that their perpetrators are 

 4   held accountable.

 5                In addition, the bill strengthens 

 6   policy and training requirements for police 

 7   officers.  Training would include techniques for 

 8   handling of domestic violence situations and how 

 9   to spot signs of domestic violence.

10                It is time that we stand up and we 

11   protect people in our state.  I vote aye.  

12                Thank you.

13                ACTING PRESIDENT MAYER:   Senator  

14   Parker to be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   Ayes, 63.

17                ACTING PRESIDENT MAYER:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   867, Senate Print 6363, by Senator Mayer, an act 

21   to amend the Criminal Procedure Law and the 

22   Family Court Act.

23                ACTING PRESIDENT MAYER:   Read the 

24   last section.

25                THE SECRETARY:   Section 7.  This 


                                                               3305

 1   act shall take effect immediately.

 2                ACTING PRESIDENT MAYER:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT MAYER:   Announce 

 6   the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 867, those Senators voting in the 

 9   negative are Senators Akshar, Borrello, Gallivan, 

10   Griffo, Helming, Jordan, Lanza, Martucci, 

11   Oberacker, O'Mara, Ortt, Rath, Ritchie, Stec and 

12   Tedisco.

13                Ayes, 48.  Nays, 15.

14                ACTING PRESIDENT MAYER:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   875, Senate Print 1555, by Senator Myrie, an act 

18   to amend the Election Law.

19                ACTING PRESIDENT MAYER:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT MAYER:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3306

 1                ACTING PRESIDENT MAYER:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT MAYER:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   876, Senate Print 3855, by Senator Kennedy, an 

 8   act to amend the Election Law.

 9                ACTING PRESIDENT MAYER:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the 120th day after it 

13   shall have become a law.

14                ACTING PRESIDENT MAYER:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT MAYER:   Announce 

18   the results.

19                THE SECRETARY:   Ayes, 63.

20                ACTING PRESIDENT MAYER:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   885, Senate Print 6015, by Senator Gounardes, an 

24   act to amend the Civil Service Law.

25                ACTING PRESIDENT MAYER:   Read the 


                                                               3307

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT MAYER:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT MAYER:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 63.

10                ACTING PRESIDENT MAYER:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   897, Senate Print 1267, by Senator Gianaris, an 

14   act to amend the Public Authorities Law.

15                ACTING PRESIDENT MAYER:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT MAYER:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT MAYER:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar 897, those Senators voting in the 


                                                               3308

 1   negative are Senators Akshar, Borrello, Boyle, 

 2   Gallivan, Griffo, Helming, Jordan, Martucci, 

 3   Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

 4   Ritchie, Serino, Stec, Tedisco and Weik.

 5                Ayes, 44.  Nays, 19.

 6                ACTING PRESIDENT MAYER:   The bill 

 7   is passed.

 8                Senator Gianaris, that completes the 

 9   reading of today's calendar.

10                SENATOR GIANARIS:   Returning to 

11   motions for a moment, on behalf of 

12   Senator Breslin, I wish to call up Senate 5581, 

13   recalled from the Assembly, which is at the desk.

14                ACTING PRESIDENT MAYER:   The 

15   Secretary will read.  

16                THE SECRETARY:   Calendar Number 

17   742, Senate Print 5581, by Senator Breslin, an 

18   act to amend Chapter 589 of the Laws of 2015.

19                SENATOR GIANARIS:   Move to 

20   reconsider the vote by which the bill was passed.

21                ACTING PRESIDENT MAYER:   The 

22   Secretary will call the roll on reconsideration.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 63.

25                ACTING PRESIDENT MAYER:   The bill 


                                                               3309

 1   is restored to its place on the Third Reading 

 2   Calendar.

 3                SENATOR GIANARIS:   I offer the 

 4   following amendments.

 5                ACTING PRESIDENT MAYER:   The 

 6   amendments are received.

 7                SENATOR GIANARIS:   Is there any 

 8   further business at the desk?

 9                ACTING PRESIDENT MAYER:   There is 

10   no further business at the desk.

11                SENATOR GIANARIS:   Move to adjourn 

12   until tomorrow, Wednesday, May 12th, at 

13   11:00 a.m.

14                ACTING PRESIDENT MAYER:   On motion, 

15   the Senate stands adjourned until Wednesday, 

16   May 12th, at 11:00 a.m.

17                (Whereupon, at 3:46 p.m., the Senate 

18   adjourned.)

19

20

21

22

23

24

25