Regular Session - May 19, 2021

                                                                   3375

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 19, 2021

11                      3:26 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President

19  SENATOR ROXANNE J. PERSAUD, Acting President

20  ALEJANDRA N. PAULINO, ESQ., Secretary

21  

22  

23  

24  

25  


                                                               3376

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

 2                ACTING PRESIDENT PERSAUD:   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 PERSAUD:   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 PERSAUD:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Tuesday, 

16   May 18, 2021, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, May 17, 

18   2021, was read and approved.  On motion, the 

19   Senate adjourned.

20                ACTING PRESIDENT PERSAUD:   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 


                                                               3377

 1   Reichlin-Melnick moves to discharge, from the 

 2   Committee on Local Government, Assembly Bill 

 3   Number 3489 and substitute it for the identical 

 4   Senate Bill 4855, Third Reading Calendar 754.

 5                ACTING PRESIDENT PERSAUD:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Mayer moves 

 8   to discharge, from the Committee on Elections, 

 9   Assembly Bill Number 2168 and substitute it for 

10   the identical Senate Bill 6216, Third Reading 

11   Calendar 879.

12                ACTING PRESIDENT PERSAUD:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Breslin 

15   moves to discharge, from the Committee on 

16   Environmental Conservation, Assembly Bill Number 

17   6389 and substitute it for the identical Senate 

18   Bill 5725, Third Reading Calendar 980.

19                ACTING PRESIDENT PERSAUD:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator Mannion 

22   moves to discharge, from the Committee on 

23   Disabilities, Assembly Bill Number 7120A and 

24   substitute it for the identical Senate Bill 

25   6382A, Third Reading Calendar 989.


                                                               3378

 1                ACTING PRESIDENT PERSAUD:   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:   Thank you.

11                Madam President, amendments are 

12   offered to the following Third Reading Calendar 

13   bills.  This is a lengthy list.  

14                By Senator Kaplan, page 13, Calendar 

15   82, Senate Print 531A; 

16                By Senator Hoylman, page 15, 

17   Calendar 208, Senate Print 566; 

18                By Senator Skoufis, page 23, 

19   Calendar 464, Senate Print 1625; 

20                By Senator Hoylman, page 24, 

21   Calendar 515, Senate Print 4402; 

22                By Senator Kaplan, page 26, 

23   Calendar 561, Senate Print 4615; 

24                By Senator Kaplan again, page 26, 

25   Calendar 562, Senate Print 4703; 


                                                               3379

 1                By Senator Rivera, page 31, 

 2   Calendar 666, Senate Print 5118;

 3                By Senator Kaplan, page 36, 

 4   Calendar 753, Senate Print 4614; 

 5                By Senator Brooks, page 36, 

 6   Calendar 758, Senate Print 5758;

 7                By Senator Sanders, page 39, 

 8   Calendar 800, Senate Print 6070.

 9                By Senator Gaughran, page 45, 

10   Calendar 898, Senate Print 1318; 

11                By Senator Parker, page 46, 

12   Calendar 906, Senate Print 3034;

13                And by Senator Comrie, page 21, 

14   Calendar 411, Senate Print 3156.

15                ACTING PRESIDENT PERSAUD:   The 

16   amendments are received, and the bills shall 

17   retain their places on the Third Reading 

18   Calendar.

19                SENATOR GIANARIS:   I also wish to 

20   call up the following bills, which were recalled 

21   from the Assembly and are now at the desk:  

22                Senate Print Numbers 523, 412, 4485, 

23   1442, 612A, 2936, 2819, and 1201.

24                ACTING PRESIDENT PERSAUD:   The 

25   Secretary will read.


                                                               3380

 1                THE SECRETARY:   Calendar Number 

 2   406, Senate Print 523, by Senator Hoylman, an act 

 3   to amend the Civil Practice Law and Rules.  

 4                Calendar Number 438, Senate Print 

 5   412, by Senator Biaggi, an act to amend the 

 6   Mental Hygiene Law and the Racing, Pari-Mutuel 

 7   Wagering and Breeding Law.

 8                Calendar Number 817, Senate Print 

 9   4485, by Senator Harckham, an act to amend the 

10   Private Housing Finance Law.

11                Calendar Number 87, Senate Print 

12   1442, by Senator Addabbo, an act to amend the 

13   Agriculture and Markets Law.

14                Calendar Number 330, Senate Print 

15   612A, by Senator May, an act to amend the 

16   Elder Law.

17                Calendar Number 335, Senate Print 

18   2936, by Senator Kaminsky, an act to amend the 

19   Environmental Conservation Law.

20                Calendar Number 772, Senate Print 

21   2819, by Senator Addabbo, an act to amend the 

22   General Business Law.

23                Calendar Number 657, Senate Print 

24   1201, by Senator Harckham, an act to amend the 

25   Public Health Law.


                                                               3381

 1                SENATOR GIANARIS:   Move to 

 2   reconsider the vote by which these bills were 

 3   passed.

 4                ACTING PRESIDENT PERSAUD:   The 

 5   Secretary will call the roll on reconsideration.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT PERSAUD:   The 

 9   bills are restored to their place on the 

10   Third Reading Calendar.

11                SENATOR GIANARIS:   I offer the 

12   following amendments on the aforementioned bills.

13                ACTING PRESIDENT PERSAUD:   The 

14   amendments are received.

15                SENATOR GIANARIS:   Please recognize 

16   Senator Lanza.

17                ACTING PRESIDENT PERSAUD:   Senator 

18   Lanza.

19                SENATOR LANZA:   Thank you.  

20                Madam President, on behalf of 

21   Senator Jordan, on page 31 I offer the following 

22   amendments to Calendar Number 680, Senate Print 

23   Number 2091, and ask that said bill retain its 

24   place on the Third Reading Calendar.

25                ACTING PRESIDENT PERSAUD:   The 


                                                               3382

 1   amendments are received, and the bill shall 

 2   retain its place on the Third Reading Calendar.

 3                SENATOR LANZA:   Additionally, 

 4   Madam President, on behalf of myself, 

 5   Senator Lanza, on page 34 I offer the following 

 6   amendments to Calendar Number 709, Senate Print 

 7   Number 4299, and ask that said bill retain its 

 8   place on the Third Reading Calendar.

 9                ACTING PRESIDENT PERSAUD:   The 

10   amendments are received, and the bill shall 

11   retain its place on the Third Reading Calendar.

12                Senator Gianaris.

13                SENATOR GIANARIS:   At this time, 

14   Madam President, we're going to take up two 

15   resolutions at once.  So please take up 

16   previously adopted Resolution 61 and previously 

17   adopted Resolution 409, both by Senator Parker, 

18   read those resolutions, and recognize 

19   Senator Parker.

20                ACTING PRESIDENT PERSAUD:   The 

21   Secretary will read.

22                THE SECRETARY:   Senate Resolution 

23   61, by Senator Parker, memorializing Governor 

24   Andrew M. Cuomo to proclaim May 18, 2021, as 

25   Haitian Flag Day in the State of New York.


                                                               3383

 1                Senate Resolution 409, also by 

 2   Senator Parker, memorializing Governor Andrew M. 

 3   Cuomo to proclaim May 20, 2021, as Haitian Unity 

 4   Day in the State of New York, in conjunction with 

 5   the observance of Haitian Heritage Month.

 6                ACTING PRESIDENT PERSAUD:   Senator 

 7   Parker on the resolutions.

 8                SENATOR PARKER:   Thank you, 

 9   Madam President.  

10                I rise first to say it's about time 

11   that we had a president presiding from Brooklyn.  

12   Let me just put that on the record.

13                As you know, I represent the 

14   21st District in Brooklyn, which is part of 

15   Canarsie and part of Flatlands, but principally 

16   Flatbush and East Flatbush, Midwood, Ditmas Park, 

17   Windsor Terrace and Park Slope.  I represent the 

18   largest concentration of people of Haitian 

19   descent outside of Haiti in the world.  

20                And so it's really a pleasure and an 

21   honor to have an opportunity to recognize, in 

22   this grand body, both Haitian Unity Day but also 

23   Haitian Flag Day, referred to as "De Jou Me," 

24   which is May 18th.  

25                Anybody who knows Haitian people 


                                                               3384

 1   knows that they're a very proud people, and 

 2   rightfully so.  Haiti was the first country in 

 3   the Western Hemisphere to get its freedom out of 

 4   colonization from any country, but in this case 

 5   from France.  And it wasn't an easy fight that 

 6   they went through.  And they say that the second 

 7   biggest fight they went through outside of 

 8   freedom was trying to decide on their flag.  And 

 9   it took a number of times, and they eventually 

10   came up with red, white and blue and a slogan 

11   that reads "Liberty or Death."

12                And they finally -- again, it wasn't 

13   until May 18, 1803, in which the flag of Haiti 

14   was decided upon.  And Catherine Flon sewed the 

15   original flag on the last day that they had put 

16   together a congress to decide on the flag.  

17                And again, there's no really greater 

18   symbol of their everlasting dedication to 

19   independence or the triumphs that Haitian people 

20   have gone through than their flag.  And again, we 

21   celebrate that time and Haitian Unity Day around 

22   the same time.  

23                And Haiti is an island nation not 

24   too far from the U.S., about 90 miles or a 

25   hundred-something miles away from Florida.  And 


                                                               3385

 1   again, the fight that it went through to get away 

 2   from France was big.  I wanted to acknowledge the 

 3   contributions of Jean-Jacques Dessalines, who 

 4   actually was born into enslavement but became the 

 5   general of the army and really was really one of 

 6   the major tacticians of the Haitian independence.  

 7   And really Jean-Jacques Dessalines is really 

 8   somebody who is really known as kind of the major 

 9   tactician of the Haitian Revolution.  

10                And of course if anybody knows 

11   anybody, it's Toussaint L'Ouverture, who was 

12   essentially, you know, the head of the 

13   revolution, kind of the George Washington, if you 

14   may, of Haiti -- even though he preceded George 

15   Washington.  But unfortunately, he went to France 

16   to negotiate a treaty and the treacherous French 

17   captured him and executed him.

18                But that really was in part the 

19   strength of the Haitian people, who saw the death 

20   of their leader and recommitted themselves to 

21   freedom.

22                Haitian people have migrated to the 

23   United States really since the 1700s.  And 

24   they're saying that there are probably over 

25   200,000 people of Haitian descent in New York.  


                                                               3386

 1   Right?  I think it's probably more than that, 

 2   because of what the Census is saying, but I think 

 3   we have that many in my district.  

 4                (Laughter.)

 5                SENATOR PARKER:   But it's become a 

 6   place in which Haitian people have contributed a 

 7   great deal, you know, to our communities across 

 8   the State of New York, but particularly in places 

 9   like New York.  Some of the people -- as I talk 

10   about Haitian Unity Day, some of the Haitian 

11   people who have given to the United States are 

12   people like Jean Baptiste Point Du Sable, who was 

13   born in Haiti and was first permanent resident of 

14   Chicago and known as the "Father of Chicago."  

15                You're talking about people like 

16   Jean-Michel Basquiat, who was a Brooklyn native 

17   and became famous for his profound and 

18   thought-provoking artwork and his social 

19   commentary to discuss social inequities and to 

20   promote social mobility amongst contemporary 

21   artists.  His work is really, really influential 

22   by other artists, and even poets pay attention to 

23   Basquiat and the work that he's contributed.

24                John James Audubon.  Some people 

25   don't know, when they talk about the Audubon 


                                                               3387

 1   Society, that you're talking about somebody who 

 2   is of Haitian descent.  Born in Haiti and, again, 

 3   one of the founders of the Audubon Society in the 

 4   late 1800s.  And it's named after him because of 

 5   his reputation and his deep appreciation and 

 6   concern around the natural world.  And his name 

 7   has become synonymous with avian life, wildlife 

 8   protection, and environmental conservation all 

 9   over the world.

10                And then we have, you know, the 

11   folks in the State Legislature.  People like 

12   Rodneyse Bichotte, the Assemblywoman of the 

13   42nd Assembly District in Brooklyn.  People like 

14   Clyde Vanel, from Queens.  Kim Jean-Pierre, 

15   Assemblywoman from Suffolk County, Long Island.  

16   Phara Souffrant Forrest, also from Brooklyn.  And 

17   Mathylde Frontus, from Coney Island, in Brooklyn 

18   as well.  All part of the Haitian delegation here 

19   in the State Legislature.  

20                And so, again, I want to thank 

21   everybody in this body for giving me the time and 

22   yourselves celebrating Haitian culture and the 

23   contributions that they have made and the 

24   indelible mark, not for just the progression of 

25   equality and independence, but upon the 


                                                               3388

 1   development of the eclectic expressions of art, 

 2   literature, politics, economics and all endeavors 

 3   of life.

 4                Haitian Americans have had an impact 

 5   on the United States, not just here in New York 

 6   but really across the country.  And today we 

 7   recognize them and we congratulate them for all 

 8   their accomplishments and for their contributions 

 9   to the great State of New York.

10                Thank you, Madam President.  I vote 

11   aye.

12                ACTING PRESIDENT PERSAUD:   Thank 

13   you, Senator.

14                Senator Reichlin-Melnick on the 

15   resolutions.

16                SENATOR REICHLIN-MELNICK:   Thank 

17   you, Madam President.

18                And thank you, Senator Parker, for 

19   introducing these resolutions.

20                I'm proud to rise in support of 

21   these resolutions for Haitian Unity Day and 

22   Haitian Flag Day, and proud to be representing 

23   most of Rockland County, which is home to the 

24   third-largest community of Haitian Americans in 

25   the United States and the second largest in 


                                                               3389

 1   New York State.

 2                So under the military leadership of 

 3   Francois Toussaint L'Ouverture, the grandson of 

 4   an African chief, and Jean-Jacques Dessalines, 

 5   making the Haitian revolution was a major turning 

 6   point in the history of the world, with 

 7   repercussions that extended far beyond this 

 8   Caribbean nation.  

 9                Under the leadership of Jean-Jacques 

10   Dessalines, Haiti declared independence in 1804.  

11   The Haitian National Anthem, La Dessalinienne, is 

12   named after him to honor his fervent efforts to 

13   protect the independence of Haiti from foreign 

14   intervention and imperialism.  

15                Towards the end of this revolution, 

16   the Congress of Arcahaie convened to unite the 

17   command of the Revolutionary Army under one 

18   authority, and to adopt a flag.  The flag debate 

19   lasted the entire day, and finally the congress 

20   adopted the blue and red bicolor which is the 

21   flag of Haiti.  It's said that Jean-Jacques 

22   Dessalines himself ripped the white part of the 

23   French flag out as a symbol of freeing the 

24   Haitian people from the French oppressors.  

25                Catherine Flon, the goddaughter of 


                                                               3390

 1   Jean-Jacques Dessalines, had sewed the original 

 2   flag on the last day of the congress, and the 

 3   generals swore an oath of "Liberty or Death" on 

 4   the flag, which was to lead the slaves to victory 

 5   and freedom.  The blue and the red represent the 

 6   Black and Mulatto Haitians banding together for 

 7   independence.  

 8                And after struggling for years to 

 9   rid their territory of both slavery and 

10   imperialism, the Haitian revolutionaries were 

11   able to achieve these goals.  There is no greater 

12   symbol of their everlasting dedication to an 

13   independent Haiti than the flag which represents 

14   their triumphs.  

15                The Haitian Revolution ignited a 

16   groundbreaking change in the history of the 

17   modern world by enabling hundreds of thousands of 

18   African slaves worldwide, and tens of thousands 

19   of free persons of color to find the wherewithal 

20   to unite in the quest for individual and 

21   collective liberty.

22                The descendants of these 

23   revolutionaries were so proud of them that 

24   students of Haitian backgrounds within the 

25   United States dress with the colors of the flag 


                                                               3391

 1   throughout the week of May 18th, celebrating when 

 2   the flag was first created.  

 3                And since the 1700s many Haitian 

 4   people have migrated to the United States, 

 5   resulting in approximately 200,000 Haitians 

 6   residing in the State of New York, including 

 7   upwards of 20,000 Haitian residents in the 38th 

 8   State Senate District.  This long-lasting 

 9   influence that Haitian Americans have had on our 

10   country can be seen through not only the 

11   progression of equality and independence, but 

12   also upon the development of expressions of arts 

13   and literature in our culture.  

14                That's why I am proud to stand with 

15   this body to recognize May 18th as Haitian Flag 

16   Day and May 20th as Haitian Unity Day.  I'm proud 

17   to support this resolution.  

18                Thank you, Madam President.

19                ACTING PRESIDENT PERSAUD:   Thank 

20   you.

21                The resolutions were previously 

22   adopted on January 12th and March 2nd.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Madam President, 

25   at the request of Senator Parker, these 


                                                               3392

 1   resolutions are open for cosponsorship.

 2                ACTING PRESIDENT PERSAUD:   The 

 3   resolutions are open for cosponsorship.  Should 

 4   you choose not to be a cosponsor of the 

 5   resolutions, please notify the desk.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   As long as we're 

 8   still on motions and resolutions, on behalf of 

 9   Senator Hinchey, on page 31 I offer the following 

10   amendments to Calendar 664, Senate Print 4085, 

11   and ask that said bill retain its place on 

12   Third Reading Calendar.  

13                ACTING PRESIDENT PERSAUD:   The 

14   amendments are received, and the bill shall 

15   retain its place on the Third Reading Calendar.

16                SENATOR GIANARIS:   Let's please 

17   take up the calendar at this time.

18                ACTING PRESIDENT PERSAUD:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   283, Senate Print 2241, by Senator Ritchie, an 

22   act to amend the Highway Law.

23                ACTING PRESIDENT PERSAUD:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3393

 1   act shall take effect immediately.

 2                ACTING PRESIDENT PERSAUD:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT PERSAUD:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 63.

 8                ACTING PRESIDENT PERSAUD:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   298, Senate Print 694, by Senator Kaplan, an act 

12   to amend the Executive Law.

13                ACTING PRESIDENT PERSAUD:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT PERSAUD:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT PERSAUD:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 63.

23                ACTING PRESIDENT PERSAUD:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3394

 1   350, Senate Print 1577, by Senator Rivera, an act 

 2   to amend the Social Services Law.

 3                ACTING PRESIDENT PERSAUD:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT PERSAUD:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT PERSAUD:   Announce 

11   the results.

12                THE SECRETARY:   Ayes, 63.

13                ACTING PRESIDENT PERSAUD:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   593, Senate Print 2802, by Senator Bailey, an act 

17   to amend the Labor Law.

18                ACTING PRESIDENT PERSAUD:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT PERSAUD:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT PERSAUD:   Announce 


                                                               3395

 1   the results.

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT PERSAUD:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   596, Senate Print 5490B, by Senator Hinchey, an 

 7   act to amend the Labor Law.

 8                SENATOR LANZA:   Lay it aside.

 9                ACTING PRESIDENT PERSAUD:   Lay it 

10   aside.

11                THE SECRETARY:   Calendar Number 

12   640, Senate Print 5267B, by Senator May, an act 

13   to amend the Highway Law.

14                ACTING PRESIDENT PERSAUD:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT PERSAUD:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT PERSAUD:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 63.

24                ACTING PRESIDENT PERSAUD:   The bill 

25   is passed.


                                                               3396

 1                THE SECRETARY:   Calendar Number 

 2   694, Senate Print 5472, by Senator Hoylman, an 

 3   act to amend the Real Property Law.

 4                SENATOR LANZA:   Lay it aside.

 5                ACTING PRESIDENT PERSAUD:   Lay it 

 6   aside.

 7                THE SECRETARY:   Calendar Number 

 8   696, Senate Print 977A, by Senator Gaughran, an 

 9   act to amend the Public Authorities Law and the 

10   Not-For-Profit Corporation Law.

11                ACTING PRESIDENT PERSAUD:   Read the 

12   last section.

13                THE SECRETARY:   Section 6.  This 

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

15   shall have become a law.

16                ACTING PRESIDENT PERSAUD:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT PERSAUD:   Senator 

20   Gaughran to explain his vote.

21                SENATOR GAUGHRAN:   Thank you, 

22   Madam President.

23                Public authorities have existed in 

24   this state for decades.  They've helped to build 

25   our Thruway, our subways, railroads, many of our 


                                                               3397

 1   public utilities, and so much more.

 2                But public authorities were 

 3   originally created with one of the purposes being 

 4   to insulate the public decisions from the elected 

 5   officials of the state, including elected 

 6   officials of local governments.  And today we now 

 7   have about 600 public authorities.

 8                So that makes it so much more 

 9   important that whether it's a statewide, regional 

10   or local authority, there is clear transparency 

11   and strong oversight by other levels of 

12   government.  And that's what this legislation 

13   does.

14                We have an Authorities Budget 

15   Office.  It is truly an independent agency, and 

16   it mandates that all public authorities have to 

17   provide detailed information, especially 

18   information about how they spend public funds on 

19   an annual basis.

20                However, under current law, if they 

21   don't provide the information or they provide the 

22   wrong information, or they violate the law in 

23   some way with the information they provide, this 

24   agency has no ability to really do anything.  And 

25   some public authorities believe they don't have 


                                                               3398

 1   to comply with the law at all.  

 2                So this bill seeks to correct that 

 3   problem.  It will give public authorities, when 

 4   they are violating the law, alleged to be 

 5   violating the law or omitting important 

 6   information, simply the ability and plenty of 

 7   time to either correct it or to state publicly 

 8   why they disagree and why they believe they are 

 9   in compliance with the law.

10                Authority board members are also 

11   supposed to do educational training on the 

12   various subjects that they are involved in.  Some 

13   members just ignore this.  So this will establish 

14   a process to say that if you're a member of a 

15   public authority and you blatantly don't want to 

16   do any continuing legal education as is required 

17   by law, you can be removed.

18                And I think most importantly, if 

19   somebody in a public authority knowingly and 

20   intentionally lies on public documents that they 

21   submit, this bill will now give the Authorities 

22   Budget Office the ability simply to refer that 

23   information to the proper authorities.

24                So whether it's the MTA, Long Island 

25   Power Authority, local water or sewer authorities 


                                                               3399

 1   or local IDAs or any other authority in the 

 2   state, we will finally have some real oversight.

 3                All authorities work for the people 

 4   and are accountable to the people, and none of 

 5   them are above the law.  So I vote in the 

 6   affirmative, Madam President.  Thank you.

 7                ACTING PRESIDENT PERSAUD:   Announce 

 8   the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 696, those Senators voting in the 

11   negative are Senators Akshar, Borrello, Gallivan, 

12   Griffo, Helming, Jordan, Oberacker, O'Mara, Ortt, 

13   Rath, Ritchie, Serino and Stec.

14                Ayes, 50.  Nays, 13.

15                ACTING PRESIDENT PERSAUD:   The bill 

16   is passed.

17                Calendar Number 709 is high and will 

18   be laid aside for the day.

19                THE SECRETARY:   Calendar Number 

20   754, Assembly Print 3489, substituted earlier by 

21   Assemblymember Galef, an act to amend the 

22   Real Property Tax Law.

23                ACTING PRESIDENT PERSAUD:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3400

 1   act shall take effect immediately.

 2                ACTING PRESIDENT PERSAUD:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT PERSAUD:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 63.

 8                ACTING PRESIDENT PERSAUD:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   783, Senate Print 1830, by Senator Skoufis, an 

12   act to amend the Executive Law.

13                ACTING PRESIDENT PERSAUD:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT PERSAUD:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT PERSAUD:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 63.

23                ACTING PRESIDENT PERSAUD:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3401

 1   785, Senate Print 3145, by Senator Sanders, an 

 2   act to amend the Executive Law.

 3                ACTING PRESIDENT PERSAUD:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the first of January.

 7                ACTING PRESIDENT PERSAUD:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT PERSAUD:   Announce 

11   the results.

12                THE SECRETARY:   Ayes, 63.

13                ACTING PRESIDENT PERSAUD:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   787, Senate Print 3676, by Senator Comrie, an act 

17   to amend the Banking Law and the Insurance Law.

18                ACTING PRESIDENT PERSAUD:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect September 1, 2021.

22                ACTING PRESIDENT PERSAUD:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT PERSAUD:   Announce 


                                                               3402

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 787, those Senators voting in the 

 4   negative are Senators Akshar, Borrello, Boyle, 

 5   Gallivan, Griffo, Helming, Jordan, Lanza, 

 6   Martucci, Mattera, Oberacker, O'Mara, Ortt, 

 7   Palumbo, Rath, Serino, Stec, Tedisco and Weik.

 8                Ayes, 44.  Nays, 19.

 9                ACTING PRESIDENT PERSAUD:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   825, Senate Print 5728A, by Senator Gounardes, an 

13   act to amend the Administrative Code of the City 

14   of New York.

15                ACTING PRESIDENT PERSAUD:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT PERSAUD:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT PERSAUD:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar 825, those Senators voting in the 


                                                               3403

 1   negative are Senators Borrello, Gallivan, 

 2   Helming, Lanza, Martucci, Oberacker, O'Mara, Rath 

 3   and Ritchie.

 4                Ayes, 54.  Nays, 9.

 5                ACTING PRESIDENT PERSAUD:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   843, Senate Print 4534, by Senator Brouk, an act 

 9   to amend the Mental Hygiene Law.

10                SENATOR GIANARIS:   Lay it aside for 

11   the day.

12                ACTING PRESIDENT PERSAUD:   The bill 

13   will be laid aside for the day.

14                THE SECRETARY:   Calendar Number 

15   846, Senate Print 556, by Senator May, an act to 

16   amend the Alcoholic Beverage Control Law.

17                ACTING PRESIDENT PERSAUD:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

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

21   shall have become a law.

22                ACTING PRESIDENT PERSAUD:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT PERSAUD:   Announce 


                                                               3404

 1   the results.

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT PERSAUD:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   858, Senate Print 6352, by Senator Addabbo, an 

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

 8   Breeding Law.

 9                ACTING PRESIDENT PERSAUD:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT PERSAUD:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT PERSAUD:   Announce 

17   the results.

18                THE SECRETARY:   Ayes, 63.

19                ACTING PRESIDENT PERSAUD:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   879, Assembly Print 2168, substituted earlier by 

23   Assemblymember Jacobson, an act to amend the 

24   Election Law.

25                ACTING PRESIDENT PERSAUD:   Read the 


                                                               3405

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT PERSAUD:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT PERSAUD:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 63.

10                ACTING PRESIDENT PERSAUD:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   880, Senate Print 1231, by Senator Gianaris, an 

14   act to amend the General Municipal Law.

15                ACTING PRESIDENT PERSAUD:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the first of January.

19                ACTING PRESIDENT PERSAUD:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT PERSAUD:   Announce 

23   the results.

24                THE SECRETARY:   Ayes, 63.

25                ACTING PRESIDENT PERSAUD:   The bill 


                                                               3406

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   887, Senate Print 6277, by Senator Mannion, an 

 4   act to amend the Mental Hygiene Law.

 5                ACTING PRESIDENT PERSAUD:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

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

 9   shall have become a law.

10                ACTING PRESIDENT PERSAUD:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT PERSAUD:   Senator 

14   Mannion to explain his vote.

15                SENATOR MANNION:   Thank you, 

16   Madam President.

17                Informed public policy comes from 

18   the gathering and analyzing of data.  OPWDD has a 

19   mandate to provide services in an equitable 

20   manner to individuals in need.  How are we to 

21   understand where services are needed, by whom, 

22   and are services being provided equitably across 

23   the state without this information?

24                That's why I'm proud to sponsor 

25   legislation that requires OPWDD to include in 


                                                               3407

 1   their comprehensive five-year strategic plan 

 2   important demographic information related to age, 

 3   race, ethnicity, residence type, primary 

 4   language, and average Medicaid expenditures on 

 5   services.

 6                This is also about openness and 

 7   transparency.  This demographic information is 

 8   crucial to the state to fully fund services and 

 9   assure that no community is left behind.

10                A recent study found that minority 

11   communities receive disability services at rates 

12   9 to 23 percent lower than white individuals, and 

13   that expenditures were nearly 50 percent lower 

14   for non-white participants.  

15                We need to make sure that this is 

16   not happening in New York State.  OPWDD already 

17   collects demographic information; however, such 

18   information is not widely available to the 

19   public.

20                By including demographic data in the 

21   state's comprehensive five-year plan, the state 

22   can then appropriate necessary funding for 

23   outreach to underrepresented communities who may 

24   need additional support services.  

25                I proudly cast my vote in the 


                                                               3408

 1   affirmative, and I'm proud to sponsor this 

 2   legislation.  

 3                Thank you, Madam President.

 4                ACTING PRESIDENT PERSAUD:   Senator 

 5   Mannion to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   Ayes, 63.

 8                ACTING PRESIDENT PERSAUD:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   899, Senate Print 1333, by Senator Krueger, an 

12   act to amend the Executive Law.

13                ACTING PRESIDENT PERSAUD:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

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

17   shall have become a law.

18                ACTING PRESIDENT PERSAUD:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT PERSAUD:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 63.

24                ACTING PRESIDENT PERSAUD:   The bill 

25   is passed.


                                                               3409

 1                THE SECRETARY:   Calendar Number 

 2   900, Senate Print 1795, by Senator Bailey, an act 

 3   to amend the Correction Law.

 4                ACTING PRESIDENT PERSAUD:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 4.  This 

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

 8   shall have become a law.

 9                ACTING PRESIDENT PERSAUD:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT PERSAUD:   Senator 

13   Akshar to explain his vote.

14                SENATOR AKSHAR:   Madam President, 

15   thank you very much for your indulgence.

16                Here in Albany there are certain 

17   issues, in my humble opinion, that transcend 

18   politics.  And when it comes to substance use 

19   disorder, that is one of those issues.

20                We have, for the last three years, 

21   had very measured and deliberate conversations in 

22   the Alcoholism and Substance Abuse Committee, in 

23   the Crime Victims, Crime and Corrections 

24   Committee; I have had personal conversations with 

25   the sponsor of this bill.  And we have gotten to 


                                                               3410

 1   a place today that looks completely different 

 2   than we were in 2019.

 3                So I wanted to take a moment to 

 4   thank the sponsor for having those -- what I 

 5   describe as very important conversations about 

 6   what this bill looks like, what the real-world 

 7   implications of the bill are.  

 8                And I would say this, that those who 

 9   manage correctional facilities by and large have 

10   an incredibly difficult job to do, but medically 

11   assisted treatment programs within the confines 

12   of correctional facilities do in fact work.  And 

13   collectively, as a state, we need a buy-in from 

14   everybody who is involved in that process.

15                Locally we've secured hundreds of 

16   thousands of dollars to provide this programming 

17   within the confines of correctional facilities.  

18   And I would say this respectfully, that we have 

19   not experienced the expected outcomes from those 

20   programs that we would have liked to see.  So 

21   that sends a very clear message that in fact we 

22   must do better.  

23                This bill, as currently authored, 

24   does three things that I think are incredibly 

25   important for everyone to understand and realize.  


                                                               3411

 1   That it is a program that is in existence for 

 2   those that want to participate.  Not every single 

 3   person must participate.  And it of course gives 

 4   the option of those in charge of correctional 

 5   facilities to partner with outside agencies to 

 6   provide these services, which I think is 

 7   critically important.

 8                And the last issue I raise is that 

 9   where we end up in terms of the financial 

10   responsibility is a far cry from where we began.  

11   We were at 4 million; we're at 20 million now.  

12                So I thank the sponsor for 

13   listening, I thank the sponsor for being willing 

14   to have meaningful conversations about getting 

15   that number up.  We certainly have more work to 

16   do -- 20 million doesn't come close enough to the 

17   need statewide.

18                But I feel much better today than I 

19   did in 2019, and that's why I will be voting in 

20   the affirmative.

21                Thank you, Madam President.

22                ACTING PRESIDENT PERSAUD:   Senator  

23   Akshar to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               3412

 1   Calendar 900, those Senators voting in the 

 2   negative are Senators Borrello, Gallivan, Griffo, 

 3   Helming, Jordan, Martucci, Mattera, Oberacker, 

 4   O'Mara, Ortt, Rath, Ritchie, Serino, Stec and 

 5   Tedisco.

 6                Ayes, 48.  Nays, 15.

 7                ACTING PRESIDENT PERSAUD:   The bill 

 8   is passed.

 9                There is a substitution at the desk.  

10                The Secretary will read.

11                THE SECRETARY:   Senator Kaminsky 

12   moves to discharge, from the Committee on 

13   Finance, Assembly Bill Number 3476 and substitute 

14   it for the identical Senate Bill 2934, 

15   Third Reading Calendar 903.

16                ACTING PRESIDENT PERSAUD:    

17   Substitution so ordered.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   903, Assembly Print Number 3476, by 

21   Assemblymember Abbate, an act to amend the 

22   Retirement and Social Security Law.

23                ACTING PRESIDENT PERSAUD:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3413

 1   act shall take effect immediately.

 2                ACTING PRESIDENT PERSAUD:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT PERSAUD:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 63.

 8                ACTING PRESIDENT PERSAUD:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   917, Senate Print 2014, by Senator Jackson, an 

12   act to amend the Administrative Code of the City 

13   of New York.

14                ACTING PRESIDENT PERSAUD:   Read the 

15   last section.

16                THE SECRETARY:   Section 6.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT PERSAUD:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT PERSAUD:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar 917, those Senators voting in the 

25   negative are Senators Akshar, Borrello, Boyle, 


                                                               3414

 1   Gallivan, Griffo, Helming, Jordan, Lanza, 

 2   Martucci, Mattera, Oberacker, O'Mara, Ortt, 

 3   Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

 4   Weik.

 5                Ayes, 43.  Nays, 20.

 6                ACTING PRESIDENT PERSAUD:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   935, Senate Print 5054, by Senator Parker, an act 

10   to amend the Mental Hygiene Law.

11                ACTING PRESIDENT PERSAUD:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

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

15   shall have become a law.

16                ACTING PRESIDENT PERSAUD:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT PERSAUD:   Senator  

20   Parker to explain his vote.

21                SENATOR PARKER:   Madam President, 

22   to explain my vote.

23                I rise to vote aye on this bill.  I 

24   think this bill is critically important.  There's 

25   probably no corner of this great state -- or even 


                                                               3415

 1   the country, for that matter -- that is not in 

 2   fact dealing with the issue of drug and substance 

 3   abuse.  And so it really is important for us to 

 4   define what the treatment around these modalities 

 5   provides.

 6                And so my bill, S5054, enacts a bill 

 7   of rights for individuals receiving treatment in 

 8   chemical dependency programs across the state.

 9                A lot of times the existing law just 

10   doesn't provide enough so people understand, when 

11   they're going through these programs, what they 

12   need.  And so, you know, for instance the rights 

13   of nursing home residents, in that bill of 

14   rights, are explicitly defined in state law and 

15   required to be posted in nursing home facilities 

16   in six languages.  We don't do the same kind of 

17   thing with drug treatment programs.  

18                The current right of a patient in a 

19   chemical dependency program is really far too 

20   obscure for the average person.  And so this 

21   bill, by clearly enumerating the individual's 

22   rights, and the patient's, for these treatment 

23   facilities, we will help provide protections and 

24   awareness to those vulnerable patients.  And by 

25   requiring that the bill of rights be placed in 


                                                               3416

 1   conspicuous places, this legislation will provide 

 2   adequate notices to patients.  

 3                Now, some of these rights that we 

 4   are laying out in this legislation include the 

 5   right to participate in developing a treatment 

 6   plan, the right for an individual to receive an 

 7   explanation of the services they're going to 

 8   receive, and a right to privacy of treatment.

 9                And again, we want to make sure that 

10   it's posted in a place that is conspicuous so 

11   that everyone can see it and understand what 

12   their rights are.

13                And so I vote aye.  I'm hoping my 

14   colleagues will vote aye.  And I thank you for 

15   this opportunity, Madam President.

16                ACTING PRESIDENT PERSAUD:   Senator  

17   Parker to be recorded in the affirmative.

18                Announce the results.

19                THE SECRETARY:   Ayes, 63.

20                ACTING PRESIDENT PERSAUD:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   937, Senate Print 6044, by Senator Harckham, an 

24   act to amend the Mental Hygiene Law.

25                ACTING PRESIDENT PERSAUD:   Read the 


                                                               3417

 1   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 PERSAUD:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT PERSAUD:   Announce 

 9   the results.

10                THE SECRETARY:   Ayes, 63.

11                ACTING PRESIDENT PERSAUD:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   942, Senate Print 1964, by Senator Brooks, an act 

15   to amend the General Municipal Law.

16                SENATOR GIANARIS:   Lay it aside for 

17   the day.

18                ACTING PRESIDENT PERSAUD:   The bill 

19   will be laid aside for the day.

20                There is a home-rule message at the 

21   desk.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   945, Senate Print 4608, by Senator Palumbo, an 

25   act to authorize the Town of Brookhaven, County 


                                                               3418

 1   of Suffolk, to alienate and discontinue the use 

 2   of certain parklands.

 3                ACTING PRESIDENT PERSAUD:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT PERSAUD:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT PERSAUD:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 945, voting in the negative:  

14   Senator Skoufis.  

15                Ayes, 62.  Nays, 1.

16                ACTING PRESIDENT PERSAUD:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   949, Senate Print 5380, by Senator Akshar, an act 

20   to amend the General Municipal Law.

21                ACTING PRESIDENT PERSAUD:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT PERSAUD:   Call the 


                                                               3419

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT PERSAUD:   Announce 

 4   the results.

 5                THE SECRETARY:   Ayes, 63.

 6                ACTING PRESIDENT PERSAUD:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   959, Senate Print 6469, by Senator Hinchey, an 

10   act to amend the Real Property Tax Law.

11                ACTING PRESIDENT PERSAUD:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT PERSAUD:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT PERSAUD:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 63.

21                ACTING PRESIDENT PERSAUD:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   966, Senate Print 2857, by Senator Kavanagh, an 

25   act to amend the Penal Law.


                                                               3420

 1                ACTING PRESIDENT PERSAUD:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 11.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT PERSAUD:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT PERSAUD:   Announce 

 9   the results.

10                THE SECRETARY:   In relation to 

11   Calendar 966, those Senators voting in the 

12   negative are Senators Brisport and Myrie.  

13                Ayes, 61.  Nays, 2.

14                ACTING PRESIDENT PERSAUD:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   967, Senate Print 3791, by Senator Comrie, an act 

18   to amend the Penal Law.

19                ACTING PRESIDENT PERSAUD:   Read the 

20   last section.  

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT PERSAUD:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3421

 1                ACTING PRESIDENT PERSAUD:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 967, voting in the negative:  

 5   Senator Brisport.  

 6                Ayes, 62.  Nays, 1.

 7                ACTING PRESIDENT PERSAUD:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   980, Assembly Print Number 6389, substituted 

11   earlier by Assemblymember Fahy, an act to amend 

12   Chapter 141 of the Laws of 2014.

13                ACTING PRESIDENT PERSAUD:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.  

17                ACTING PRESIDENT PERSAUD:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar Number 980, voting in the negative:  

22   Senator Brisport.

23                Ayes, 52.  Nays, 1.

24                ACTING PRESIDENT PERSAUD:   The bill 

25   is passed.


                                                               3422

 1                THE SECRETARY:   Calendar Number 

 2   982, Senate Print 6173, by Senator Lanza, an act 

 3   to amend Chapter 395 of the Laws of 1978.

 4                ACTING PRESIDENT PERSAUD:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT PERSAUD:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT PERSAUD:   Announce 

12   the results.

13                THE SECRETARY:   In relation to 

14   Calendar 982, those Senators voting in the 

15   negative are Senators Akshar and O'Mara.  

16                Ayes, 61.  Nays, 2.

17                ACTING PRESIDENT PERSAUD:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   989, Assembly Print 7120A, substituted earlier by 

21   Assemblymember Jackson, an act to amend 

22   Chapter 352 of the Laws of 2005.

23                ACTING PRESIDENT PERSAUD:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3423

 1   act shall take effect immediately.

 2                ACTING PRESIDENT PERSAUD:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT PERSAUD:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 63.

 8                ACTING PRESIDENT PERSAUD:   The bill 

 9   is passed.

10                Senator Gianaris, that completes the 

11   reading of today's calendar.

12                SENATOR GIANARIS:   Let's move on to 

13   the controversial calendar, please.

14                ACTING PRESIDENT PERSAUD:   The 

15   Secretary will ring the bell.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   596, Senate Print 5490B, by Senator Hinchey, an 

19   act to amend the Labor Law.

20                ACTING PRESIDENT PERSAUD:   Senator 

21   Lanza, why do you rise?

22                SENATOR LANZA:   Madam President, I 

23   believe there's an amendment at the desk.  I 

24   waive the reading of that amendment and ask that 

25   Senator Boyle be recognized and heard.


                                                               3424

 1                ACTING PRESIDENT PERSAUD:   Thank 

 2   you, Senator Lanza.  

 3                Upon review of the amendment, in 

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

 5   nongermane and out of order at this time.

 6                SENATOR LANZA:   Accordingly, 

 7   Madam President, I appeal the ruling of the chair 

 8   and ask that Senator Boyle be recognized.

 9                ACTING PRESIDENT PERSAUD:   The 

10   appeal has been made and recognized, and 

11   Senator Boyle may be heard.

12                SENATOR BOYLE:   Madam President, I 

13   rise to appeal the ruling of the chair.  

14                The proposed amendment is germane to 

15   the bill because the bill at hand relates to 

16   unemployment applications, and as we have seen 

17   over the past year, countless people have become 

18   unemployed, many due to the Governor's closures 

19   of businesses.  

20                For over a year the Governor has 

21   handed down mandates hurting businesses and 

22   New Yorkers all across the Empire State.  His 

23   decisions have grown increasingly arbitrary and 

24   are not looked at as rooted in science.  More 

25   than two months ago, the Majority in both houses 


                                                               3425

 1   passed a bill that supposedly rescinded the 

 2   Governor's emergency powers.  But we all know it 

 3   didn't change a thing and the Governor's reign 

 4   continues.  

 5                Here we are, almost three weeks 

 6   after the Governor's powers were originally set 

 7   to expire, and we are in the same place as where 

 8   we were before:  One man making all the state's 

 9   decisions, with no oversight or any science to 

10   back up his arbitrary edicts and directives.  

11                We just saw it with the CDC mask 

12   guidelines.  The CDC says we don't need masks.  

13   The Governor kept them on New Yorkers for several 

14   days until today.

15                The Governor, who is beleaguered by 

16   scandals, is still the only person deciding how 

17   we do basic activities here in New York.  For 

18   example, things like bring our pets to the 

19   veterinarian.  To this day, New Yorkers must wait 

20   outside while their pets go into the vet, 

21   according to guidance issued by the Department of 

22   Ag & Markets a year ago, on May 20th of 2020. 

23                This order is one of dozens of 

24   superfluous orders that New Yorkers are still 

25   living under, even as sports stadiums and large 


                                                               3426

 1   venues open up.  I recently had to bring my dog 

 2   Indie to the vet.  I had to stay outside while 

 3   she went in.  You should see my dog, she's very 

 4   cute, and she was scared.

 5                It's time not only that the 

 6   Governor's emergencies end, but it's time to end 

 7   the state of emergency and all the arbitrary 

 8   directives that are set to go.

 9                Madam President, as we get towards 

10   the summer, it's going to get hotter and hotter.  

11   And as we drive down our streets and look at our 

12   veterinarians' offices, we're going to see a 

13   bunch of New Yorkers standing outside in the heat 

14   while their poor little puppies and kittens are 

15   on the inside without them.  Unless the Majority 

16   finds this amendment germane, I'm going to blame 

17   you.  

18                Thank you, Madam President.

19                ACTING PRESIDENT PERSAUD:   Thank 

20   you, Senator Boyle.

21                I want to remind the house that the 

22   vote is on the procedures of the house and the 

23   ruling of the chair.  

24                Those in favor of overruling the 

25   chair please signify by saying aye.


                                                               3427

 1                SENATOR LANZA:   Request a show of 

 2   hands.

 3                SENATOR GIANARIS:   Madam President, 

 4   we've agreed to waive the showing of hands and 

 5   record each member of the Minority in the 

 6   affirmative.

 7                ACTING PRESIDENT PERSAUD:   Without 

 8   objection, so ordered.

 9                Announce the results.

10                THE SECRETARY:   Ayes, 20.

11                ACTING PRESIDENT PERSAUD:   The 

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

13   is before the house.

14                There is a substitution at the desk.

15                The Secretary will read.

16                THE SECRETARY:   Senator Hinchey 

17   moves to discharge, from the Committee on Labor, 

18   Assembly Bill Number 6337B and substitute it for 

19   the identical Senate Bill 5490B, Third Reading 

20   Calendar 596.

21                ACTING PRESIDENT PERSAUD:   The 

22   substitution is so ordered.

23                The Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   596, Assembly Print Number 6337B, by 


                                                               3428

 1   Assemblymember Gunther, an act to amend the 

 2   Labor Law.

 3                ACTING PRESIDENT PERSAUD:   Are 

 4   there any other Senators wishing to be heard?

 5                Seeing and hearing none, debate is 

 6   closed.  The Secretary will ring the bell.

 7                Read the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT PERSAUD:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT PERSAUD:   Announce 

14   the results.

15                THE SECRETARY:   Ayes, 63.

16                ACTING PRESIDENT PERSAUD:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   694, Senate Print 5472, by Senator Hoylman, an 

20   act to amend the Real Property Law.

21                ACTING PRESIDENT PERSAUD:   Senator 

22   Palumbo.

23                SENATOR PALUMBO:   Thank you, 

24   Madam President.  Will the sponsor yield for a 

25   few questions, please.


                                                               3429

 1                ACTING PRESIDENT PERSAUD:   Will the 

 2   sponsor yield?  

 3                SENATOR KAVANAGH:   On behalf of 

 4   Senator Hoylman, the sponsor of the bill, I 

 5   yield.

 6                ACTING PRESIDENT PERSAUD:   Senator 

 7   Kavanagh will yield.

 8                SENATOR PALUMBO:   Thank you, 

 9   Senator Kavanagh.  Good afternoon.  

10                I just have a few questions 

11   regarding the way this changes overall real 

12   estate transactions.  

13                I see on the first page that prior 

14   to the signing of the contract for sale of a 

15   residential premises, the seller would now be 

16   required to file a mandatory disclosure statement 

17   of the property conditions.  Is that accurate?

18                SENATOR KAVANAGH:   I would say that 

19   the requirement that the disclosure statement be 

20   filed is already in law.  

21                But there is a mild penalty that we 

22   understand has become kind of considered a cost 

23   of doing business rather than a penalty, where 

24   the seller, if they fail to give the form to the 

25   buyer, they pay $500 at the point title changes 


                                                               3430

 1   hands.  

 2                So this bill eliminates that 

 3   $500 provision and leaves in place the 

 4   requirement that this form be included with 

 5   residential real estate transactions.  It also 

 6   adds a much narrower provision that requires 

 7   landlords to make certain disclosures to renters.

 8                SENATOR PALUMBO:   Thank you, 

 9   Senator.  Would you yield for another question, 

10   please.

11                ACTING PRESIDENT PERSAUD:   Will the 

12   Senator yield?

13                SENATOR KAVANAGH:   Yes, 

14   Madam President.  

15                ACTING PRESIDENT PERSAUD:   Senator 

16   Kavanagh yields.

17                SENATOR PALUMBO:   And I agree with 

18   that, Senator Kavanagh.  

19                And just to expound on it a little 

20   bit, essentially a buyer has the option under 

21   current law to either file a disclosure statement 

22   or pay 500 -- give a $500 credit to the purchaser 

23   in lieu of filing that disclosure statement.  And 

24   the $500 option is going to be repealed by this 

25   particular bill, is that accurate?


                                                               3431

 1                SENATOR KAVANAGH:   Yeah, I'm not 

 2   sure I can -- and, you know, bear with me, 

 3   because I'm not the sponsor of this bill and I'm 

 4   not a member of the Judiciary Committee.  But, 

 5   you know, I think that, you know, I have the 

 6   option -- that I have the option not to speed or 

 7   to pay a speeding ticket doesn't mean I don't 

 8   have a requirement not to speed.

 9                In this case, there is a $500 

10   penalty associated with not filing this form.  We 

11   understand that declining to file the form has 

12   become fairly routine in the industry, and that 

13   undermines the basic intent of this law which was 

14   passed in 2001, which was to provide information 

15   to buyers about various information that is known 

16   to the seller.  

17                And that -- we understand that 

18   disclosure requirement broadly, in -- in -- with 

19   respect to flooding but also other issues, has 

20   been thwarted by the industry just adopting this 

21   practice of paying the $500 instead of providing 

22   the form.

23                SENATOR PALUMBO:   Thank you, 

24   Senator.  Would you yield for another question, 

25   please.


                                                               3432

 1                ACTING PRESIDENT PERSAUD:   Does the 

 2   sponsor yield?

 3                SENATOR KAVANAGH:   Yes, Madam 

 4   President.  

 5                ACTING PRESIDENT PERSAUD:   Senator 

 6   Kavanagh yields.

 7                SENATOR PALUMBO:   Thank you, 

 8   Senator.  And now in that regard and in my 

 9   experience handling these transactions for many 

10   years, that ultimately you advise your client:  

11   Look, you cannot -- you don't have to do this 

12   statement for a mere $500 because, obviously, if 

13   you make an inaccurate statement there could be 

14   some liability.  

15                So in that regard, when we juxtapose 

16   that, I guess my question is how is this 

17   different than the current state of the law 

18   where -- and I've litigated these cases -- where 

19   if a seller actively conceals a defect, you can 

20   sue and recover damages.  That's the current 

21   state of the law.  

22                So now that we're adding this 

23   disclosure statement that becomes mandatory, how 

24   would you reconcile that with that aspect where 

25   you still have remedies, as we stand here today?  


                                                               3433

 1   This, I believe, expands that to some extent.  

 2   Can you comment on that for me, please?  

 3                SENATOR KAVANAGH:   Again, it's my 

 4   understanding that this provision -- that you pay 

 5   $500 and that is perceived by many in the 

 6   industry to be a substitute for filing a 

 7   disclosure -- is unusual, perhaps unique to 

 8   New York.  

 9                We understand that real estate 

10   transactions happen all over the country without 

11   such a, you know, mild penalty, you just had sort 

12   of a mere $500 -- that that's something that has 

13   grown up in New York over the course of many 

14   years and is not -- again, it is contrary to the 

15   legislative intent of the law, which is to ensure 

16   that whatever knowledge the current owner of the 

17   property has is transmitted to the potential 

18   buyer so that they can have the full information 

19   that is available.  

20                So, you know, I think the effect of 

21   this will be probably that -- and, you know, I'm 

22   very aware that you have a lot more experience 

23   with how these transactions play out.  But I 

24   assume that you would advise clients that you 

25   might have previously advised to pay the $500, 


                                                               3434

 1   you'll now advise them that there's a legal 

 2   requirement that they fill out the form.  And 

 3   they'll do so, and more information will be 

 4   available to potential buyers.

 5                SENATOR PALUMBO:   Would you yield 

 6   for another question, Senator Kavanagh, please.

 7                ACTING PRESIDENT PERSAUD:   Senator 

 8   Kavanagh, will you yield?

 9                SENATOR KAVANAGH:   Yes.

10                ACTING PRESIDENT PERSAUD:   The 

11   Senator yields.

12                SENATOR PALUMBO:   Thank you, 

13   Madam President.  And through you.  

14                Now, as far as that credit is 

15   concerned, outside of that, this form will have 

16   to be signed in every real estate transaction, is 

17   that accurate?

18                SENATOR KAVANAGH:   Right.  So my 

19   short answer to that was going to be no, not all 

20   real estate transactions.  But my counsel has 

21   provided a little more detail there, reminding me 

22   that in a -- so, first of all, this is about 

23   one-to-four-family homes.  It is not about 

24   condos, it's not about co-ops.  There are also 

25   other exceptions like foreclosure sales and other 


                                                               3435

 1   things where this is not required.  

 2                So it's certainly not every 

 3   transaction, but it is every instance where a 

 4   one-to-four-family home is sold to a buyer.  It's 

 5   the bulk of those transactions.

 6                SENATOR PALUMBO:   Would you yield 

 7   for another question, please, Senator.

 8                ACTING PRESIDENT PERSAUD:   Will the 

 9   Senator yield?

10                SENATOR KAVANAGH:   Yes, Madam 

11   President.

12                ACTING PRESIDENT PERSAUD:   The 

13   Senator yields.

14                SENATOR PALUMBO:   And thank you.  I 

15   wasn't very clear with my question, so that 

16   clarifies it.  

17                So if it's a one-to-four-family 

18   home, they must file this disclosure form.  My 

19   question is, is there any way that this form can 

20   be waived?  For example, if the parties agree to 

21   a reduced price to purchase the property as-is, 

22   with all defects, which is done very commonly in 

23   real estate transactions.  

24                Is there any sort of waiver or other 

25   agreement that the parties can establish between 


                                                               3436

 1   the two of them to avoid having to file this 

 2   disclosure statement?  

 3                SENATOR KAVANAGH:   There is nothing 

 4   in this provision of law or in the bill before us 

 5   that would provide for that.  I suppose the 

 6   enforceability of such an agreement, you know, to 

 7   the extent to which it undermines the intent of 

 8   this law and is enforceable or not enforceable, 

 9   would be a question for courts.  

10                But again, the intent of this 

11   legislation -- which, again, has been on the 

12   books for 20 years -- is to ensure that there is 

13   disclosure of these things.  Because in addition 

14   to protecting the buyer, there's a public policy 

15   purpose in ensuring that people know about things 

16   like toxins and flood risk and other things.

17                And so the goal, in the wisdom of 

18   the Legislature about two decades ago, was to 

19   adopt this kind of disclosure, as has been done 

20   in many states.  And the goal is to get that 

21   information out so that parties who are selling 

22   might become more aware of resiliency or remedies 

23   that they could offer while they still own the 

24   property, and certainly buyers can also be aware 

25   of the potential risks and how they might 


                                                               3437

 1   mitigate those.

 2                SENATOR PALUMBO:   Madam President, 

 3   through you, would Mr. Kavanagh yield for another 

 4   question, please.

 5                ACTING PRESIDENT PERSAUD:   Senator, 

 6   will you yield?

 7                SENATOR KAVANAGH:   Yes.

 8                ACTING PRESIDENT PERSAUD:   Senator 

 9   Kavanagh yields.

10                SENATOR PALUMBO:   Thank you, 

11   Senator.  

12                So despite the fact that we have 

13   lawyers in New York -- which is fairly rare 

14   compared to other states -- the buyer has their 

15   own property inspection, they have a separate 

16   title company that is ultimately going to 

17   guarantee that there are no other encroachments 

18   and so forth.  I presume the sponsor and whomever 

19   supports this legislation feels that this duty, 

20   this additional duty is now a requirement that 

21   should be placed upon the seller and not the 

22   buyer to do their due diligence.  

23                Hence, the caveat emptor/buyer 

24   beware theory that no longer exists with respect 

25   to this form, in my opinion.  Do you have any 


                                                               3438

 1   comments in that regard?  

 2                SENATOR KAVANAGH:   Yeah, I would -- 

 3   Madam President, through you, I would not 

 4   characterize this in that way.  

 5                First of all, the form explicitly 

 6   states that this is about certain conditions and 

 7   information concerning the property known to the 

 8   seller.  They say it is not a warranty of any 

 9   kind by the seller or by any agent representing 

10   the seller.  It is not a substitute for any 

11   inspection or tests.  And the buyer is encouraged 

12   to obtain his or her own independent professional 

13   inspections and environmental tests and is 

14   encouraged to check public records pertaining to 

15   the property.

16                This form is nothing more or less 

17   than a disclosure of information that is actually 

18   known to the seller -- and, again, some of the 

19   information that the seller might be aware of may 

20   not be readily available in public records, like, 

21   you know, the fact that there was a significant 

22   water encroachment in the basement a year ago.  

23                And so the goal here of the original 

24   legislation and the goal of what we're doing 

25   today is to just ensure that that information, to 


                                                               3439

 1   the extent it is known to the seller, is 

 2   disclosed to the buyer.

 3                SENATOR PALUMBO:   Thank you, 

 4   Senator Kavanagh.

 5                On the bill, please, 

 6   Madam President.

 7                ACTING PRESIDENT PERSAUD:   Senator 

 8   Palumbo on the bill.

 9                SENATOR PALUMBO:   And Senator 

10   Kavanagh -- I appreciate him answering these 

11   questions.  And he is very well -- well-versed in 

12   this area, as is certainly the sponsor.

13                But here's the problem I see with 

14   this.  That -- and as Senator Kavanagh said, this 

15   is about simply known defects and disclosure 

16   before the contract of sale is signed.

17                Now, let's go through this in the 

18   real sense as to how this works in the real 

19   world.  This disclosure form will be filed.  

20   There's a mistake that the seller made -- 

21   unintentional -- and then you have an inspection, 

22   who the buyer pays, who inspects and finds a 

23   defect.  Say, for example, termite damage is in 

24   this.

25                Then the burden is then on the 


                                                               3440

 1   seller to amend this property disclosure 

 2   statement as soon as practicable and whether or 

 3   not they falsely wrote -- or falsely filed the 

 4   original disclosure statement trying to conceal 

 5   it, when ultimately the inspector caught it.  

 6   They had a very thorough inspector, and they got 

 7   it.  They were hoping they'd miss this termite 

 8   damage, which may significantly devalue the 

 9   contract price.

10                Now what are we doing?  We're 

11   litigating -- because if it's significant damage, 

12   there will be a lawsuit -- and the seller, the 

13   little guy, is now burdened with litigating 

14   practicability, whether they amended it in time, 

15   they're litigating whether or not this was an 

16   intentional or unintentional omission.  And we 

17   have a company that's collecting money to provide 

18   an inspection.  We also have a title company.  

19   Those of us who own homes have paid a significant 

20   title bill because they ensure encroachments and 

21   metes and bounds and they ensure this property 

22   that you -- that basically what you're proposing 

23   to buy is actually what you're buying.

24                So this new affirmative duty does 

25   not provide the opportunity for a seller to say:  


                                                               3441

 1   Look, I'm not actively concealing anything.  

 2   Under current law, if someone is in fact trying 

 3   to hide something and being sneaky, they are 

 4   liable.  But they have now this affirmative duty 

 5   to try and disclose things like have you been 

 6   denied access to the property -- that's an easy 

 7   one, and in Section 6 -- or has anyone made a 

 8   formal legal claim challenging your title to the 

 9   property?  Has anyone made a claim.  It should 

10   actually be are you aware of.  Although, later 

11   on, it is within the knowledge -- if someone 

12   makes a false statement, they are liable for 

13   actual damages.  

14                So quite frankly, this -- and the 

15   intent of this is obviously laudable, that we 

16   don't want people being sneaky or otherwise 

17   concealing defects to a buyer and selling their 

18   home as quickly as they can.  But when someone 

19   buys something as-is, that's part of the 

20   negotiated price.  If someone is moving to Texas 

21   quickly and they're in an as-is contract for 

22   their home in New York, when are they going to be 

23   able to practicably amend the disclosure 

24   statement?  Or when can they actually afford to 

25   break that contract because they need the money 


                                                               3442

 1   for their move?  

 2                This is the reality of life, that 

 3   people do this, they sell their home for lesser 

 4   amounts, as is, take it or leave it.

 5                Now, you may have someone who's 

 6   slick, maybe even, God forbid, a lawyer who wants 

 7   to represent themselves.  They can litigate this 

 8   to death in New York.  Come on back to 

 9   New York and -- in my district, in Suffolk County 

10   Supreme Court, you can spend the next four years 

11   of your life not getting a dollar from me and 

12   fighting over whether or not you were trying to 

13   conceal that termite damage from me.  Or that 

14   water damage that was found in the basement.

15                So these are the type of things that 

16   that $500 credit was meant to avoid.  In fact, it 

17   was smart, in the interest of freedom of contract 

18   and disclosure.  Again, just to make it clear, 

19   active concealment still involves liability.  If 

20   the seller actively conceals -- in the case that 

21   I litigated, there were false walls up.  

22   Million-dollar home.  Very -- clearly there was 

23   an intent to hide defects and ceiling joists that 

24   were bowing.  They didn't fix it, they put up a 

25   false wall and covered it with Sheetrock.  That's 


                                                               3443

 1   clearly an act of concealment.  

 2                But for these other things, there 

 3   are issues of fact that will create lawsuits and 

 4   undue burdens on the little guy, on the seller of 

 5   a one-to-four-family home.

 6                And quite frankly, Madam President, 

 7   I don't think this is appropriate.  And I get the 

 8   intent, it's a laudable intent.  But 

 9   unfortunately, the way this is drafted, it's 

10   going to be an excessive duty to put on our 

11   homeowners in New York State.

12                Thank you very much.

13                ACTING PRESIDENT PERSAUD:   Thank 

14   you, Senator.

15                Are there any other Senators wishing 

16   to be heard?

17                Seeing and hearing none, the debate 

18   is closed.  The Secretary will ring the bell.

19                Read the last section.

20                THE SECRETARY:   Section 5.  This 

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

22   shall have become a law.

23                ACTING PRESIDENT PERSAUD:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3444

 1                ACTING PRESIDENT PERSAUD:   Senator 

 2   Kavanagh to explain his vote.

 3                SENATOR KAVANAGH:   Thank you, 

 4   Madam President.  And thank my colleague for the 

 5   debate today.

 6                I just wanted to make a few points 

 7   in explaining my support for this bill and to 

 8   respond to a couple of things that have been 

 9   said.

10                First of all, it's -- I just want 

11   to, at the most basic level, remind everyone that 

12   there is a so-called little guy, or perhaps a 

13   little gal, on each side of this transaction.  

14   This is not just about the needs of property 

15   sellers, there's also the needs of property 

16   buyers.  And as much as it might be burdensome 

17   for a seller to have to disclose certain 

18   information, it's equally burdensome for buyers 

19   not to have that information.

20                The second thing is that there is no 

21   damage that's going to result from simply filling 

22   out the form and submitting it to the buyer.  And 

23   in fact even if one were to fail to disclose 

24   something on that form, the damages that a 

25   potential buyer might get would be the damage of 


                                                               3445

 1   actual harm to them for that information not 

 2   having been provided in the form.  

 3                That means it has to be something 

 4   that a professional inspector did not detect.  It 

 5   means there has to be some problem with the 

 6   property down the road that causes damage to the 

 7   buyer.  And in this case what we'd be saying is 

 8   if that damage to the buyer is caused by a seller 

 9   misleading the buyer or failing to disclose 

10   information that they have access to, then the 

11   buyer would have some recourse.

12                This bill basically fairly allocates 

13   the burdens to the respective parties.  It says 

14   the seller should say what they know.  It doesn't 

15   require them to say things they don't know.

16                And again, it will help us in a 

17   broader public policy way with respect to 

18   flooding, which is one of the focuses of this 

19   bill, but also some of the other dangers that are 

20   supposed to be disclosed through this existing 

21   law.  Which, again, has been on the books for 

22   20 years.

23                I'd also just note that we deal with 

24   many parties that are involved in these 

25   transactions.  We have not gotten any 


                                                               3446

 1   communication in opposition to this bill from 

 2   realtors, from any of the formal bar associations 

 3   that represent buyers and sellers in these 

 4   transactions.  And I think that's because this is 

 5   the norm in the rest of the country.  And what 

 6   we're doing today is reestablishing the basic 

 7   intent of this bill here in New York.

 8                So on that basis I vote aye, 

 9   Madam President.

10                ACTING PRESIDENT PERSAUD:   Senator 

11   Kavanagh to be recorded in the affirmative.

12                Announce the results.

13                THE SECRETARY:   In relation to 

14   Calendar 694, those Senators voting in the 

15   negative are Senators Akshar, Borrello, Boyle, 

16   Griffo, Helming, Jordan, Lanza, Martucci, 

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

18   Ritchie, Serino, Stec, Tedisco and Weik.

19                Ayes, 44.  Nays, 19.

20                ACTING PRESIDENT PERSAUD:   The bill 

21   is passed.

22                Senator Gianaris, that completes the 

23   reading of the controversial calendar.

24                SENATOR GIANARIS:   Returning to 

25   motions for a moment, on behalf of 


                                                               3447

 1   Senator Kaminsky, on page 16 I offer the 

 2   following amendments to Calendar 240, 

 3   Senate 1185B, and ask that said bill shall retain 

 4   its place on Third Reading Calendar.

 5                ACTING PRESIDENT PERSAUD:   The 

 6   amendments are received, and the bill shall 

 7   retain its place on the Third Reading Calendar.

 8                SENATOR GIANARIS:   Is there any 

 9   further business at the desk?

10                ACTING PRESIDENT PERSAUD:   There is 

11   no further business at the desk.

12                SENATOR GIANARIS:   Move to adjourn 

13   until tomorrow, Thursday, May 20th, at 11:00 a.m.

14                ACTING PRESIDENT PERSAUD:   On 

15   motion, the Senate stands adjourned until 

16   Thursday, May 20th, at 11:00 a.m.

17                (Whereupon, at 4:29 p.m., the Senate 

18   adjourned.)

19

20

21

22

23

24

25