Regular Session - May 24, 2021

                                                                   3499

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 24, 2021

11                      3:16 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3500

 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:   Reading 

14   of the Journal.

15                THE SECRETARY:   In Senate, Sunday, 

16   May 23, 2021, the Senate met pursuant to 

17   adjournment.  The Journal of Saturday, May 22, 

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 Hoylman 


                                                               3501

 1   moves to discharge, from the Committee on Codes, 

 2   Assembly Bill Number 4319 and substitute it for 

 3   the identical Senate Bill 689, Third Reading 

 4   Calendar 101.

 5                ACTING PRESIDENT PERSAUD:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Kaminsky 

 8   moves to discharge, from the Committee on 

 9   Environmental Conservation, Assembly Bill Number 

10   7290 and substitute it for the identical Senate 

11   Bill 3321A, Third Reading Calendar 338.

12                ACTING PRESIDENT PERSAUD:   

13   Substitution so ordered.

14                THE SECRETARY:   Senator Kennedy 

15   moves to discharge, from the Committee on 

16   Transportation, Assembly Bill Number 6155A and 

17   substitute it for the identical Senate Bill 

18   Number 5060A, Third Reading Calendar 639.

19                ACTING PRESIDENT PERSAUD:    

20   Substitution so ordered.

21                THE SECRETARY:   Senator Kennedy 

22   moves to discharge, from the Committee on 

23   Corporations, Authorities and Commissions, 

24   Assembly Bill Number 6158A and substitute it for 

25   the identical Senate Bill 6003A, Third Reading 


                                                               3502

 1   Calendar 701.

 2                ACTING PRESIDENT PERSAUD:    

 3   Substitution so ordered.

 4                THE SECRETARY:   Senator Rivera 

 5   moves to discharge, from the Committee on 

 6   Finance, Assembly Bill Number 4572 and substitute 

 7   it for the identical Senate Bill 4316, Third 

 8   Reading Calendar 722.

 9                ACTING PRESIDENT PERSAUD:    

10   Substitution so ordered.

11                THE SECRETARY:   Senator May moves 

12   to discharge, from the Committee on Environmental 

13   Conservation, Assembly Bill Number 5605 and 

14   substitute it for the identical Senate Bill 6334, 

15   Third Reading Calendar 983.

16                ACTING PRESIDENT PERSAUD:    

17   Substitution so ordered.

18                Messages from the Governor.

19                Reports of standing committees.

20                Reports of select committees.

21                Communications and reports from 

22   state officers.

23                Motions and resolutions.

24                Senator Gianaris.

25                SENATOR GIANARIS:   Good afternoon, 


                                                               3503

 1   Madam President.  

 2                Amendments are offered to the 

 3   following Third Reading Calendar bills:  

 4                By Senator Addabbo, page 26, 

 5   Calendar 87, Senate Print 1442A; 

 6                By Senator Sanders, page 28, 

 7   Calendar 216, Senate Print 1788; 

 8                By Senator Brouk, page 32, Calendar 

 9   378, Senate Print 4345; 

10                By Senator Krueger, page 35, 

11   Calendar 454, Senate Print 511; 

12                By Senator Benjamin, page 39, 

13   Calendar 544, Senate Print 4335; 

14                By Senator Kavanagh, page 46, 

15   Calendar 707, Senate Print 2740A; 

16                By Senator Brooks, page 48, 

17   Calendar 752, Senate Print 4562; 

18                By Senator May, page 51, 

19   Calendar 804, Senate Print 4435;

20                By Senator Mannion, page 51, 

21   Calendar 810, Senate Print 4468; 

22                By Senator Brooks, page 59, 

23   Calendar 942, Senate Print 1964; 

24                By Senator Krueger, page 65, 

25   Calendar 1014, Senate Print 4817; 


                                                               3504

 1                By Senator Kaminsky, page 49, 

 2   Calendar 775, Senate Print 542; 

 3                By Senator Harckham, page 44, 

 4   Calendar 682, Senate Print 2977; 

 5                By Senator Kaminsky, page 62, 

 6   Calendar 978, Senate Print 4630A; 

 7                And by Senator Brooks, page 48, 

 8   Calendar 758, Senate Print 5758A. 

 9                ACTING PRESIDENT PERSAUD:   The 

10   amendments are received, and the bills shall 

11   retain their place on the Third Reading Calendar.

12                Senator Gianaris.

13                SENATOR GIANARIS:   I also wish to 

14   call up the following bills, which were recalled 

15   from the Assembly and are now at the desk:  

16                Senate Bill Numbers 1172, 2884, 113, 

17   1780B, 5753, 133, 5434, 6293, 1353, 13, 14, 5066 

18   and 4670.

19                ACTING PRESIDENT PERSAUD:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   107, Senate Print 1172, by Senator Rivera, an act 

23   to amend the Public Health Law.

24                Calendar Number 199, Senate Print 

25   2884, by Senator May, an act to amend the 


                                                               3505

 1   Executive Law.

 2                Calendar Number 317, Senate Print 

 3   113, by Senator Kaplan, an act to amend the 

 4   Business Corporation Law and the Limited 

 5   Liability Company Law.

 6                Calendar Number 458, Senate Print 

 7   1780B, by Senator Skoufis, an act to amend the 

 8   Executive Law.

 9                Calendar Number 806, Senate Print 

10   5753, by Senator Ryan, an act to amend the 

11   Education Law.

12                Calendar Number 769, Senate Print 

13   133, by Senator Mayer, an act to amend the 

14   General Business Law.

15                Calendar Number 844, Senate Print 

16   5434, by Senator Harckham, an act to amend the 

17   Mental Hygiene Law.

18                Calendar Number 888, Senate Print 

19   6293, by Senator Mannion, an act to amend the 

20   Mental Hygiene Law.

21                Calendar Number 112, Senate Print 

22   1353, by Senator Kavanagh, an act to amend the 

23   Public Housing Law.

24                Calendar Number 311, Senate 

25   Print 13, by Senator Kaplan, an act to amend the 


                                                               3506

 1   Penal Law.

 2                Calendar Number 312, Senate Print 

 3   14, by Senator Hoylman, an act to amend the 

 4   Penal Law.

 5                Calendar Number 441, Senate Print 

 6   5066, by Senator Harckham, an act to amend the 

 7   Mental Hygiene Law.

 8                And Calendar Number 521, Senate 

 9   Print 4670, by Senator Parker, an act to amend 

10   the Tax Law.

11                SENATOR GIANARIS:   Move to 

12   reconsider the vote by which all these bills were 

13   passed.

14                ACTING PRESIDENT PERSAUD:   The 

15   Secretary will call the roll on reconsideration.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT PERSAUD:   The 

19   bills are restored to their place on the 

20   Third Reading Calendar.

21                SENATOR GIANARIS:   I offer the 

22   following amendments to the aforementioned bills.

23                ACTING PRESIDENT PERSAUD:   The 

24   amendments are received.

25                SENATOR GIANARIS:   Please recognize 


                                                               3507

 1   Senator Lanza.

 2                ACTING PRESIDENT PERSAUD:   Senator 

 3   Lanza.

 4                SENATOR LANZA:   Madam President, on 

 5   behalf of Senator Boyle, on page 66 I offer the 

 6   following amendments to Calendar Number 1024, 

 7   Senate Print Number 6188, and ask that said bill 

 8   retain its 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 LANZA:   Thank you.

13                ACTING PRESIDENT PERSAUD:   Senator 

14   Gianaris.

15                SENATOR GIANARIS:   At this time, 

16   Madam President, let's take up previously adopted 

17   Resolution 854, by Senator Serrano, read that 

18   resolution's title, and recognize Senator Serrano 

19   on the resolution.

20                ACTING PRESIDENT PERSAUD:   The 

21   Secretary will read.

22                THE SECRETARY:   Senate Resolution 

23   854, by Senator Serrano, mourning the death of 

24   former Assemblymember and Bronx Deputy Borough 

25   President Aurelia Greene, renowned public servant 


                                                               3508

 1   and devoted member of her community.

 2                ACTING PRESIDENT PERSAUD:   Senator 

 3   Serrano on the resolution.

 4                SENATOR SERRANO:   Thank you very 

 5   much, Madam President.  

 6                It's such a pleasure to be here with 

 7   you and to pay honor and memorialize such a 

 8   tremendous leader for the Bronx and throughout 

 9   the State of New York, former Assemblymember and 

10   Bronx Deputy Borough President Aurelia Greene.  

11                She passed away recently on 

12   Saturday, May 8th, at the age of 86.  And I would 

13   like to express my sincere condolences to her 

14   family and loved ones.  

15                She was born in the Bronx, and she 

16   dedicated her life to community service.  In 1982 

17   she was elected to the New York State Assembly, 

18   and she served with distinction for 27 years, 

19   becoming the first African-American Speaker 

20   Pro Tem for the New York State Assembly.

21                In 2009 she left the Assembly to 

22   serve as deputy bureau president under 

23   Ruben Díaz, Jr.  

24                And she has been, to so many of us, 

25   a mentor, a friend, someone with tremendous 


                                                               3509

 1   kindness and grace.  And she was a true pillar of 

 2   leadership in our community, always with a ready 

 3   smile, with good advice, and there to help 

 4   others.  

 5                And those of us who are in elected 

 6   office in the Bronx, we owe her such a tremendous 

 7   debt of gratitude, and we stand on the shoulders 

 8   of such a great individual.

 9                And she did truly dedicate all of 

10   her life to the betterment of her community, to 

11   ensuring that seniors and children had access to 

12   the resources that they need.  

13                And she was also one of the most 

14   effective and truest coalition builders that I've 

15   ever seen before.  And at a time like today, 

16   where we often find ourselves so stratified, it's 

17   so refreshing to have known someone who really 

18   found common ground on so many important issues 

19   and was able to build upon that for the 

20   betterment of our society.

21                So it's with a very heavy heart that 

22   I'm here today to memorialize such a dear friend 

23   of myself and of my father, who recently retired 

24   from Congress, José Serrano.  And we're all here 

25   to offer our gratitude and our sincerest 


                                                               3510

 1   condolences to her family.  And I'm grateful to 

 2   all of my colleagues in government here in this 

 3   chamber for supporting this resolution.

 4                Thank you, Madam President.

 5                ACTING PRESIDENT PERSAUD:   The 

 6   resolution was previously adopted on May 20th.

 7                Senator Gianaris.

 8                SENATOR GIANARIS:   Thank you, 

 9   Madam President.  

10                Now let's move to previously adopted 

11   Resolution 181, by Senator Hinchey, read that 

12   resolution's title, and recognize 

13   Senator Hinchey.

14                ACTING PRESIDENT PERSAUD:   The 

15   Secretary will read.

16                THE SECRETARY:   Senate Resolution 

17   181, by Senator Hinchey, memorializing Governor 

18   Andrew M. Cuomo to proclaim May 2021 as Lyme 

19   Disease Awareness Month in the State of New York.

20                ACTING PRESIDENT PERSAUD:   Senator 

21   Hinchey on the resolution.

22                SENATOR HINCHEY:   Thank you, 

23   Madam President.  

24                I rise today to sponsor a resolution 

25   proclaiming the month of May as Lyme Disease 


                                                               3511

 1   Awareness Month here in New York.  

 2                We are so profoundly lucky to have 

 3   such a beautiful host of natural resources and 

 4   many incredible outdoor activities.  But with 

 5   that comes the real danger of Lyme disease and 

 6   tick-borne illnesses.  If you live in upstate 

 7   New York or really anywhere across the state, we 

 8   all know someone who has been touched by 

 9   Lyme disease and has their lives changed 

10   dramatically forever.  

11                This is something that we need to 

12   raise more awareness for, especially as we have 

13   more and more people discovering our incredible 

14   outdoor areas and our natural resources.  As we 

15   have more in-state tourism and more people coming 

16   to our outdoor areas, we have to make sure that 

17   we keep each other safe and we keep ourselves 

18   safe.  

19                A real danger with Lyme disease is 

20   that an average of nearly half a million 

21   Americans is estimated to have received a 

22   diagnosis of Lyme disease each year from 2010 to 

23   2018.  That's a huge number, and I believe only 

24   growing.  

25                And so I am incredibly proud today 


                                                               3512

 1   to stand here to raise awareness so that we can 

 2   keep more and more people safe across New York.  

 3   And I thank this body and this house for letting 

 4   this resolution come to the floor.

 5                Thank you.

 6                ACTING PRESIDENT PERSAUD:   Senator  

 7   Serino on the resolution.

 8                SENATOR SERINO:   Thank you, 

 9   Madam President.

10                And thank you, Senator Hinchey, for 

11   bringing this resolution to the floor today.

12                The more champions that we have 

13   committed to tackling ticks, the better for all 

14   New Yorkers.  Since I first brought this 

15   resolution to the floor -- it was five years 

16   ago -- awareness for Lyme and tick-borne diseases 

17   has risen tremendously.  And I'm sure we can all 

18   agree; we see it in our interactions, we see it 

19   on social media, TV, and we see it even in the 

20   press.  And it's really been fantastic to see how 

21   far we've come.  

22                But I attended an event recently 

23   that reminded me of just how far we still need to 

24   go to better protect New Yorkers and to fund 

25   research initiatives that would help improve 


                                                               3513

 1   testing and treatment options for thousands that 

 2   have been impacted.  

 3                So the event I went to was called 

 4   Live for Lyme, and it was at a local gym.  It was 

 5   about a young man, he was a husband and a father, 

 6   who died by suicide this February after living 

 7   with neurological Lyme.  And his wife is a 

 8   licensed clinical social worker.  She was not 

 9   familiar, as were a lot of other people that are 

10   in the mental health field, with neurological 

11   Lyme.  

12                He was diagnosed in November of 

13   2019, and by February 2020 he had to take a leave 

14   from work.  He couldn't remember how to drive to 

15   his job.  He couldn't verbalize words that he was 

16   thinking in his mind.  So by February of 2021, he 

17   decided to take his life and he died by suicide, 

18   sadly.  

19                So to hear stories like this just 

20   absolutely breaks your heart.  And there's so 

21   much of a disconnect still that we really need 

22   the money for research and education and, like I 

23   said, testing and treatment.

24                So May is Lyme Disease Awareness 

25   Month, but it's also Mental Health Awareness 


                                                               3514

 1   Month.  And many may not even know that this 

 2   connection exists, as I just talked about.  We 

 3   have a duty to ensure that no family has to 

 4   suffer the way this family has.  And that starts 

 5   by ensuring that our state is leading the way 

 6   when it comes to the funding for research, 

 7   education and prevention initiatives.  

 8                For too long now Lyme and tick-borne 

 9   disease has taken a back seat to other 

10   priorities.  As we work to rebuild and recover 

11   from the COVID-19 pandemic, there has never been 

12   a more perfect time to give Lyme the attention 

13   that it truly deserves.  

14                And when you think about this, too, 

15   the symptoms that are associated with COVID and 

16   those associated with Lyme and tick-borne 

17   diseases are incredibly similar.  And with 

18   New Yorkers taking to the outdoors like never 

19   before, we cannot afford to take any steps back 

20   in this fight.  

21                So while May may be the official 

22   Lyme Disease Awareness Month, I hope all of us 

23   will redouble our efforts and do everything we 

24   can to raise awareness not just today, but every 

25   day.  


                                                               3515

 1                Thank you, Madam President.

 2                ACTING PRESIDENT PERSAUD:   The 

 3   resolution was previously adopted on 

 4   January 20th.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   At the request 

 7   of the sponsors, these resolutions are open for 

 8   cosponsorship.

 9                ACTING PRESIDENT PERSAUD:   The 

10   resolutions are open for cosponsorship.  Should 

11   you choose not to be a cosponsor of the 

12   resolutions, please notify the desk.

13                Senator Gianaris.

14                SENATOR GIANARIS:   There will now 

15   be an immediate meeting of the Rules Committee in 

16   Room 332.

17                ACTING PRESIDENT PERSAUD:   There 

18   will be an immediate meeting of the 

19   Rules Committee in Room 332.

20                SENATOR GIANARIS:   The Senate 

21   stands at ease.

22                ACTING PRESIDENT PERSAUD:   The 

23   Senate stands at ease.

24                (Whereupon, the Senate stood at ease 

25   at 3:29 p.m.)


                                                               3516

 1                (Whereupon, the Senate reconvened at 

 2   3:45 p.m.)

 3                ACTING PRESIDENT PERSAUD:   The 

 4   Senate will return to order.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Madam President, 

 7   there's a report of the Rules Committee at the 

 8   desk.  

 9                Can we take that up, please.

10                ACTING PRESIDENT PERSAUD:   The 

11   Secretary will read.

12                THE SECRETARY:   Senator 

13   Stewart-Cousins, from the Committee on Rules, 

14   reports the following bills:

15                Senate Print 293, by Senator Myrie, 

16   an act to amend the Tax Law; 

17                Senate Print 396, by 

18   Senator Oberacker, an act relating to legalizing, 

19   validating, ratifying and confirming a 

20   transportation contract; 

21                Senate Print 448, by 

22   Senator Hoylman, an act to amend the 

23   Executive Law; 

24                Senate Print 1275, by 

25   Senator Krueger, an act to amend the 


                                                               3517

 1   Business Corporation Law; 

 2                Senate Print 1761C, by 

 3   Senator Cooney, an act to amend Chapter 416 of 

 4   the Laws of 2007; 

 5                Senate Print 1810, by 

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

 7                Senate Print 2193, by Senator 

 8   Kavanagh, an act to amend the Public Housing Law; 

 9                Senate Print 2201, by Senator 

10   Sepúlveda, an action to repeal subdivision 9 of 

11   Section 201 of the Correction Law;

12                Senate Print 2205, by 

13   Senator Addabbo, an act to amend the 

14   Environmental Conservation Law; 

15                Senate Print 2689, by 

16   Senator Martucci, an act to amend Chapter 262 of 

17   the Laws of 2005; 

18                Senate Print 2700, by Senator Ortt, 

19   an act to amend the Vehicle and Traffic Law;

20                Senate Print 2789, by Senator 

21   Sepúlveda, an act to amend the Executive Law; 

22                Senate Print 2811A, by Senator 

23   Kavanagh, an act to amend the Executive Law; 

24                Senate Print 3009, by 

25   Senator Sepúlveda, an act to amend the 


                                                               3518

 1   General Business Law;

 2                Senate Print 3594, by 

 3   Senator Gallivan, an act granting retroactive 

 4   membership in the New York State and Local 

 5   Employees' Retirement System; 

 6                Senate Print 3694, by 

 7   Senator Felder, an act to amend the 

 8   Administrative Code of the City of New York; 

 9                Senate Print 4117, by 

10   Senator Akshar, an act to authorize the Village 

11   of Endicott to offer an optional 20-year 

12   retirement plan;

13                Senate Print 4231, by Senator 

14   Stavisky, an act to amend the Executive Law; 

15                Senate Print 4686, by 

16   Senator Helming, an act granting retroactive 

17   membership in the New York State and Local 

18   Employees' Retirement System;

19                Senate Print 5399, by Senator Ortt, 

20   an act to amend the Highway Law; 

21                Senate Print 5419, by 

22   Senator Brisport, an act to amend the 

23   Social Services Law; 

24                Senate Print 5556, by 

25   Senator Palumbo, an act to amend the 


                                                               3519

 1   General Municipal Law; 

 2                Senate Print 5603A, by Senator May, 

 3   an act to amend Part A-4 of Chapter 58 of the 

 4   Laws of 2006;

 5                Senate Print 5981, by Senator Myrie, 

 6   an act to repeal subdivision 2 of Section 189 of 

 7   the Correction Law; 

 8                Senate Print 6018A, by 

 9   Senator Harckham, an act to amend Chapter 63 of 

10   the Laws of 2021;

11                Senate Print 6054, by Senator Lanza, 

12   an act to amend Chapter 759 of the Laws of 1973; 

13                Senate Print 6074, by Senator 

14   Salazar, an act to amend the Family Court Act; 

15                Senate Print 6336, by 

16   Senator Gallivan, an act in relation to granting 

17   Blake Russell additional service credit with the 

18   New York State and Local Police and Fire 

19   Retirement System; 

20                Senate Print 6357, by 

21   Senator Savino, an act to amend the Family Court 

22   Act and the Social Services Law;

23                Senate Print 6430, by Senator Stec, 

24   an act to amend Chapter 327 of the Laws of 2006;

25                Senate Print 6483, by Senator 


                                                               3520

 1   Gounardes, an act to amend the General Municipal 

 2   Law and the Retirement and Social Security Law; 

 3                Senate Print 6487, by 

 4   Senator Stavisky, an act to amend the 

 5   Real Property Tax Law;

 6                Senate Print 6510, by 

 7   Senator Mannion, an act to amend the 

 8   Environmental Conservation Law; 

 9                Senate Print 6572, by Senator 

10   Hinchey, an act to amend the Social Services Law; 

11                Senate Print 6619A, by 

12   Senator Gounardes, an act to amend the Retirement 

13   and Social Security Law; 

14                Senate Print 6642A, by 

15   Senator Kaplan, an act to amend the 

16   Executive Law;

17                Senate Print 6671, by 

18   Senator O'Mara, an act in relation to legalizing, 

19   validating, ratifying and confirming certain 

20   transportation contracts;

21                Senate Print 6686, by Senator Brouk, 

22   an act to amend Section 4 of Part M of Chapter 56 

23   of the Laws of 2012;

24                Senate Print 6703, by Senator Rath, 

25   an act to amend the Not-For-Profit Corporation 


                                                               3521

 1   Law;

 2                Senate Print 6767, by Senator 

 3   Rivera, an act to amend the Public Health Law; 

 4                Senate Print 6768, by Senator 

 5   Gianaris, an act to amend the Labor Law; 

 6                Senate Print 6779, by 

 7   Senator Mannion, an act to amend Chapter 448 of 

 8   the Laws of 2017; 

 9                Senate Print 6783, by 

10   Senator Cooney, an act to amend the 

11   Education Law; 

12                Senate Print 6797, by 

13   Senator Stewart-Cousins, an act to amend the 

14   Tax Law and Chapter 535 of the Laws of 1987; 

15                Senate Print 6801, by 

16   Senator Rivera, an act to amend Chapter 451 of 

17   the Laws of 2007;

18                Senate Print 6818, by 

19   Senator Serrano, an act to amend Chapter 192 of 

20   the Laws of 2011; 

21                Senate Print 6826, by Senator Ryan, 

22   an act to amend Chapter 122 of the Laws of 2000; 

23                Senate Print 6832, by 

24   Senator Addabbo, an act to amend Part 1 of 

25   Chapter 61 of the Laws of 2017; 


                                                               3522

 1                Senate Print 6890, by 

 2   Senator Martucci, an act authorizing the 

 3   conveyance of real property at the State 

 4   University of New York College at Delhi;

 5                Senate Print 6896, by 

 6   Senator Rivera, an act to amend Chapter 2 of the 

 7   Laws of 1998;

 8                Senate Print 6917, by 

 9   Senator Kavanagh, an act to amend the 

10   Private Housing Finance Law; 

11                Senate Print 6951, by 

12   Senator Kavanagh, an act to amend Chapter 514 of 

13   the Laws of 1983; 

14                Senate Print 6964A, by Senator 

15   Biaggi, an act to amend the Executive Law; 

16                Senate Print 6975, by 

17   Senator Kavanagh, an act to amend the Private 

18   Housing Finance Law;

19                Senate Print 7007, by Senator 

20   Persaud, an act to amend the Social Services Law; 

21                Senate Print 7008, by 

22   Senator Benjamin, an act to amend the 

23   Social Services Law.

24                All bills reported direct to third 

25   reading.


                                                               3523

 1                SENATOR GIANARIS:   Move to accept 

 2   the report of the Rules Committee.

 3                ACTING PRESIDENT PERSAUD:   All 

 4   those in favor of accepting the Rules Committee 

 5   report signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT PERSAUD:   Opposed, 

 8   nay.

 9                (No response.)

10                ACTING PRESIDENT PERSAUD:   The 

11   Rules Committee report is accepted.

12                Senator Gianaris.

13                SENATOR GIANARIS:   Please take up 

14   the reading of the calendar.

15                ACTING PRESIDENT PERSAUD:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   101, Assembly Bill 4319, substituted earlier by 

19   Assemblymember Dinowitz, an act to amend the 

20   Criminal Procedure 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 


                                                               3524

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT PERSAUD:   Announce 

 4   the results.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT PERSAUD:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   125, Senate Print 123, by Senator Kaplan, an act 

10   to amend the Executive Law.

11                ACTING PRESIDENT PERSAUD:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  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:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT PERSAUD:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   220, Senate Print 498A, by Senator Breslin, an 


                                                               3525

 1   act to amend the Insurance Law.

 2                ACTING PRESIDENT PERSAUD:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT PERSAUD:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT PERSAUD:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT PERSAUD:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   338, Assembly Bill Number 7290, substituted 

16   earlier by Assemblymember Englebright, an act to 

17   amend the Environmental Conservation 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 


                                                               3526

 1   the results.

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT PERSAUD:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   381, Senate Print 210B, by Senator Persaud, an 

 7   act to amend the Public Health Law.

 8                ACTING PRESIDENT PERSAUD:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 100th day after it 

12   shall have become a law.

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, 62.

19                ACTING PRESIDENT PERSAUD:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   406, Senate Print 523A, by Senator Hoylman, an 

23   act to amend the Civil Practice Law and Rules.

24                ACTING PRESIDENT PERSAUD:   Read the 

25   last section.


                                                               3527

 1                THE SECRETARY:   Section 10.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT PERSAUD:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT PERSAUD:   Announce 

 7   the results.

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT PERSAUD:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   412, Senate Print 3262A, by Senator Comrie, an 

13   act directing the Metropolitan Transportation 

14   Authority to study the feasibility of commingling 

15   public transit.

16                ACTING PRESIDENT PERSAUD:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT PERSAUD:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT PERSAUD:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 62.


                                                               3528

 1                ACTING PRESIDENT PERSAUD:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   438, Senate Print 412A, by Senator Biaggi, an act 

 5   to amend the Mental Hygiene Law and the Racing, 

 6   Pari-Mutuel Wagering and Breeding Law.

 7                ACTING PRESIDENT PERSAUD:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT PERSAUD:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT PERSAUD:   Announce 

15   the results.

16                THE SECRETARY:   Ayes, 63.

17                ACTING PRESIDENT PERSAUD:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   443, Senate Print 1343B, by Senator Brooks, an 

21   act relating to the acquisition of real property 

22   by eminent domain.

23                ACTING PRESIDENT PERSAUD:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3529

 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:   In relation to 

 8   Calendar 443, voting in the negative:  

 9   Senator Helming.  

10                Ayes, 62.  Nays, 1.

11                ACTING PRESIDENT PERSAUD:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   528, Senate Print 4777A, by Senator Mannion, an 

15   act to amend the General Construction Law.

16                ACTING PRESIDENT PERSAUD:   Read the 

17   last section.

18                THE SECRETARY:   Section 27.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT PERSAUD:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT PERSAUD:   Senator 

24   Mannion to explain his vote.

25                SENATOR MANNION:   Thank you, 


                                                               3530

 1   Madam President.

 2                As of May 24, 2021, there are still 

 3   sections of New York State law that use language 

 4   that infers that people with mental disabilities 

 5   are somehow inferior.  This is a notion that all 

 6   Senators and all New Yorkers should completely 

 7   reject.  

 8                Today the Senate is rejecting the 

 9   use of the following words in our laws:  

10   "Lunatic," "lunacy" and "idiocy."

11                While this may seem a small and 

12   symbolic gesture to some, I believe it's a 

13   massive step forward in recognizing the 

14   contributions of all New Yorkers.  We know from 

15   the science and research that mental health is 

16   your physical health.  And mental illness is a 

17   physical illness that requires medical 

18   intervention and treatment.  

19                If you're suffering from a medical 

20   condition, you are not a lunatic or an idiot or 

21   inferior.  If you are disabled, you are not a 

22   lunatic or an idiot or inferior.  This language 

23   needed to go a long time ago.

24                Madam President, this year the 

25   Senate established a new committee dedicated to 


                                                               3531

 1   protecting and supporting disabled New Yorkers.  

 2   Today we send a powerful message, but it also 

 3   comes with a moral obligation to deliver real and 

 4   lasting change for individuals, families, 

 5   caregivers and stakeholders.  

 6                Under the leadership of Andrea 

 7   Stewart-Cousins, the State Senate is meeting 

 8   these obligations.  We are improving the lives of 

 9   disabled New Yorkers in ways large and small, 

10   continuing the Senate's renewed commitment to the 

11   I/DD community.  

12                I never want to let the disabilities 

13   community down.  Ensuring we have the policies, 

14   funding, and proper supports in place to 

15   facilitate meaningful and productive lives for 

16   all I/DD New Yorkers is one of my guideposts.  I 

17   proudly cast my vote in the affirmative, and I am 

18   proud to sponsor this legislation.

19                Thank you, Madam President.

20                ACTING PRESIDENT PERSAUD:   Senator 

21   Mannion to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   Ayes, 63.

24                ACTING PRESIDENT PERSAUD:   The bill 

25   is passed.


                                                               3532

 1                THE SECRETARY:   Calendar Number 

 2   564, Senate Print Number 5010, by 

 3   Senator Reichlin-Melnick, an act to amend the 

 4   Real Property Tax Law.

 5                ACTING PRESIDENT PERSAUD:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT PERSAUD:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT PERSAUD:   Announce 

13   the results.

14                THE SECRETARY:   Ayes, 63.

15                ACTING PRESIDENT PERSAUD:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   623, Senate Print 4350A, by Senator Gounardes, an 

19   act relating to establishing Angelina Liu as the 

20   genetic child and distributee of Wenjian Liu.

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 


                                                               3533

 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   639, Assembly Print 6155A, substituted earlier by 

10   Assemblymember Magnarelli, an act to amend the 

11   Vehicle and Traffic Law.

12                ACTING PRESIDENT PERSAUD:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.  

16                ACTING PRESIDENT PERSAUD:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT PERSAUD:   Announce 

20   the results.  

21                THE SECRETARY:   Ayes, 63.

22                ACTING PRESIDENT PERSAUD:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   664, Senate Print 4085A, by Senator Hinchey, an 


                                                               3534

 1   act to amend the Public Health Law.

 2                ACTING PRESIDENT PERSAUD:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT PERSAUD:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT PERSAUD:   Senator 

10   Hinchey to explain her vote.

11                SENATOR HINCHEY:   Thank you, 

12   Madam President.

13                Healthcare, especially in our more 

14   rural communities, depends on our first 

15   responders, especially in districts like mine, 

16   with some counties that don't even have a 

17   hospital.

18                In a medical emergency that requires 

19   air transport, access to a blood transfusion can 

20   mean the difference between life and death -- 

21   again, especially for residents in our more rural 

22   and upstate communities, where the nearest trauma 

23   center may be hours away.

24                New York is currently the only state 

25   in the country that does not allow medical 


                                                               3535

 1   helicopters to carry and transfuse blood, despite 

 2   the fact that our air ambulance crews are trained 

 3   to perform this lifesaving care.  This bill 

 4   finally reverses this outdated and dangerous 

 5   statute and gives our first responders the tools 

 6   they need to continue to save lives across our 

 7   state.

 8                And in the district I represent, it 

 9   will ensure that every New Yorker gets the 

10   immediate medical attention and care that they 

11   need and deserve.

12                Whether you're a farmer, a hiker, or 

13   traveling along our country roads, this bill 

14   could save your life, and it has never been more 

15   important.  I am proud to sponsor this bill, and 

16   for that reason I vote aye.

17                ACTING PRESIDENT PERSAUD:   Senator 

18   Hinchey to be recorded in the affirmative.

19                Senator Akshar to explain his vote.

20                SENATOR AKSHAR:   Madam President, 

21   thank you very much.

22                Today is certainly a bittersweet day 

23   for a constituent of mine back at home.  I want 

24   to tell a very quick story of Travis Flanagan.  A 

25   30-year-old father of two, he is the husband to 


                                                               3536

 1   Lindsay, the father to Dylan and Madilyn.  

 2   Lindsay is pregnant with their third child.

 3                On March 13th, Travis was working in 

 4   a cornfield, and the machine that he was 

 5   operating had a mechanical issue.  He got off the 

 6   tractor, he went to try and address that 

 7   mechanical issue, and with his leg he was pushing 

 8   on some cornstalks and that machine then sucked 

 9   the lower portion of his body into the machine.

10                Travis, with his legs caught in this 

11   machine, laid in that field for more than 

12   45 minutes screaming for help until his father, 

13   Mike, came and tried to help.  Travis, because 

14   his father was so distraught, called 911 himself 

15   and asked the dispatcher to ensure that they sent 

16   a four-wheel-drive vehicle because he was in the 

17   middle of a cornfield, but also asked them to 

18   send a medical helicopter.

19                And I think much to everyone's 

20   surprise in the State of New York, that medical 

21   helicopter couldn't in fact transfuse blood.  And 

22   Travis knew that he had been bleeding so bad for 

23   45 minutes that he needed a blood transfusion.  

24                And by the grace of God, a New York 

25   helicopter was not available, and they sent 


                                                               3537

 1   Guthrie Air from Pennsylvania to help Travis.  

 2   And Travis attributes that blood transfusion with 

 3   the fact that he is still here today.  Had he not 

 4   gotten that transfusion from the medics on that 

 5   helicopter, he recognized and understood that he 

 6   probably wouldn't be here with us today.

 7                Ken Whitmore is the fire chief in 

 8   Smithville Flats.  He said:  "In my 20 years of 

 9   service, it was the worst call that I've ever 

10   been on."

11                When I spoke to Travis about this 

12   particular issue and learned about his accident, 

13   he said to me, "Fred, I still have both of my 

14   arms.  I'm still able to hug my children.  I'm 

15   still able to hug my wife.  Use my tragedy so 

16   that we can save lives in the State of New York."

17                Just as I close, I want to thank a 

18   couple of people.  I want to thank the Farm 

19   Bureau.  I want to thank the Association of 

20   Counties for their support of this particular 

21   bill.  I want to thank a very close friend of 

22   mine back in my district, Judi Whittaker, who has 

23   been a strong advocate of this particular issue 

24   for us.  

25                But I especially want to thank the 


                                                               3538

 1   sponsor for her fierce advocacy on this issue.  I 

 2   want to thank Senator Rivera for his willingness 

 3   to listen as the chairman on the Health 

 4   Committee.  When I called Senator Hinchey and 

 5   explained Travis's plight, we discussed about how 

 6   busy we are in Albany and all the things that we 

 7   have to do, especially towards the end of 

 8   session.  Same conversation with Senator Rivera.  

 9   But to a person, both of them were committed to 

10   moving this bill as quickly and as expeditiously 

11   as we possibly could through this house.

12                So this is the way government is 

13   supposed to work.  It doesn't much matter if 

14   you're a Republican or a Democrat.  This 

15   particular bill will in fact save lives.

16                So Senator Hinchey, on behalf of 

17   Travis and Lindsay and Dylan and Madilyn, I 

18   really thank you, I truly do, from the bottom of 

19   my heart.  Because I know undoubtedly that the 

20   work that we have done here today will in fact 

21   save lives.

22                Madam President, I very proudly vote 

23   aye.

24                ACTING PRESIDENT PERSAUD:   Senator  

25   Akshar to be recorded in the affirmative.


                                                               3539

 1                Senator Oberacker to explain his 

 2   vote.

 3                SENATOR OBERACKER:   Thank you, 

 4   Madam President.

 5                I remember it like it was yesterday.  

 6   It was a cool fall morning.  It was October 4, 

 7   2018.  I remember it because it was my 32nd 

 8   wedding anniversary.  I walked into my kitchen, 

 9   and my scanner went off, and as we would say in 

10   our service, the tones were dropped for an 

11   accident.  What came across the scanner was 

12   catastrophic farm accident, 25-year-old male, and 

13   it gave the name of the farm.  At that point I 

14   knew it was my son.

15                I call his cellphone, I don't get an 

16   answer.  I call a friend of his who he worked 

17   with, I got his cellphone.  I said, "Is it 

18   Derek?"  He said "Yes, it is."  I said, "Is it 

19   bad?"  He said, "Yes, it is."  

20                And I literally then took the father 

21   part of my brain and had to go to my emergency 

22   services side, and I actually started to triage 

23   this over the phone.

24                As I'm listening to the tones 

25   continually drop to get an ambulance out to the 


                                                               3540

 1   site, I'm also saying that we need to get an air 

 2   ambulance up in the air in case that was needed, 

 3   knowing full well that in this case he would not 

 4   be able to get a transfusion.

 5                Time seemed to kind of just drag on 

 6   as I remember, you know, the incident.  We were 

 7   finally able to get an ambulance there.  He was 

 8   transported.  I am absolutely proud and honored 

 9   to say that he is fine, much to the grace of God.

10                You know, in my short tenure here in 

11   the Senate, this is a bill that I think is just 

12   absolutely an amazing piece of legislation.  I 

13   want to thank Senator Hinchey for bringing this 

14   together.  You know, we mirror up in the lower 

15   half of my district and with hers.  More 

16   importantly, we mirror up in our conviction for 

17   those that are in the agricultural realm.

18                Had this been available, I have no 

19   doubt that I would have called for air service 

20   and we wouldn't have had half of the amount of 

21   stress and anxiety that went in with my son.  

22                Again, Derek is doing well.  In 

23   fact, he is continuing to be the most 

24   ever-pleasant pain for a child I've ever had.  So 

25   I want to thank everybody, you know, for that.


                                                               3541

 1                (Laughter.)

 2                SENATOR OBERACKER:   And it is my 

 3   extreme honor and my extreme pleasure to vote in 

 4   the affirmative.

 5                Thank you, Madam President.

 6                ACTING PRESIDENT PERSAUD:   Senator 

 7   Oberacker to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 63.

10                ACTING PRESIDENT PERSAUD:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   701, Assembly Print Number 6158A, substituted 

14   earlier by Assemblymember Wallace, an act to 

15   amend Chapter 698 of the Laws of 1991.

16                ACTING PRESIDENT PERSAUD:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT PERSAUD:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT PERSAUD:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 63.


                                                               3542

 1                ACTING PRESIDENT PERSAUD:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   704, Senate Print 5666, by Senator Stavisky, an 

 5   act to amend the Education Law.

 6                ACTING PRESIDENT PERSAUD:   Read the 

 7   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:   In relation to 

16   Calendar Number 704, voting in the negative:  

17   Senator Lanza.  

18                Ayes, 62.  Nays, 1.

19                ACTING PRESIDENT PERSAUD:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   708, Senate Print 3959A, by Senator Kennedy, an 

23   act to amend the Public Authorities Law.

24                ACTING PRESIDENT PERSAUD:   Read the 

25   last section.


                                                               3543

 1                THE SECRETARY:   Section 9.  This 

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

 3   shall have become a law.

 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:   In relation to 

10   Calendar Number 708, voting in the negative:  

11   Senator Helming.

12                Ayes, 62.  Nays, 1.

13                ACTING PRESIDENT PERSAUD:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   709, Senate Print 4299A, by Senator Lanza, an act 

17   to amend the Vehicle and Traffic Law.

18                ACTING PRESIDENT PERSAUD:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  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 


                                                               3544

 1   the results.

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT PERSAUD:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   713, Senate Print 6091A, by Senator Gallivan, an 

 7   act to amend the Highway Law.

 8                ACTING PRESIDENT PERSAUD:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT PERSAUD:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT PERSAUD:   Announce 

16   the results.

17                THE SECRETARY:   Ayes, 63.

18                ACTING PRESIDENT PERSAUD:   The bill 

19   is passed.

20                There is a substitution at the desk. 

21                The Secretary will read.

22                THE SECRETARY:   Senator Mannion 

23   moves to discharge, from the Committee on 

24   Finance, Assembly Bill Number 1153A and 

25   substitute it for the identical Senate Bill 


                                                               3545

 1   1766A, Third Reading Calendar 719.

 2                ACTING PRESIDENT PERSAUD:   The 

 3   substitution is so ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   719, Assembly Print Number 1153A, by 

 7   Assemblymember Buttenschon, an act to amend the 

 8   Mental Hygiene Law.

 9                ACTING PRESIDENT PERSAUD:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  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   722, Assembly Print Number 4572, substituted 

23   earlier by Assemblymember Gottfried, an act to 

24   amend the Public Health Law.

25                ACTING PRESIDENT PERSAUD:   Read the 


                                                               3546

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

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

16                ACTING PRESIDENT PERSAUD:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT PERSAUD:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT PERSAUD:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 63.


                                                               3547

 1                ACTING PRESIDENT PERSAUD:   The bill 

 2   is passed.

 3                Calendar 758 is high and will be 

 4   laid aside for the day.

 5                THE SECRETARY:   Calendar Number 

 6   780, Senate Print 1363, by Senator Serrano, an 

 7   act to create a temporary state commission to 

 8   study and make recommendations concerning the 

 9   incidence of asthma.

10                ACTING PRESIDENT PERSAUD:   Read the 

11   last section.

12                THE SECRETARY:   Section 6.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT PERSAUD:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT PERSAUD:   Announce 

18   the results.

19                THE SECRETARY:   Ayes, 63.

20                ACTING PRESIDENT PERSAUD:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   781, Senate Print 1409, by Senator Rivera, an act 

24   to amend the Public Health Law.

25                SENATOR LANZA:   Lay it aside.


                                                               3548

 1                ACTING PRESIDENT PERSAUD:   Lay it 

 2   aside.

 3                THE SECRETARY:   Calendar Number 

 4   789, Senate Print 5438, by Senator Hinchey, an 

 5   act to amend the Alcoholic Beverage Control Law.

 6                ACTING PRESIDENT PERSAUD:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 5.  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   808, Senate Print 6195, by Senator Persaud, an 

20   act to amend the Social Services Law.

21                ACTING PRESIDENT PERSAUD:   Read the 

22   last section.

23                THE SECRETARY:   Section 10.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT PERSAUD:   Call the 


                                                               3549

 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   809, Senate Print 1035A, by Senator Addabbo, an 

10   act to amend the Public Health 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   812, Senate Print 4998, by Senator Mannion, an 

25   act to require the Office for People with 


                                                               3550

 1   Developmental Disabilities to establish the care 

 2   demonstration program.

 3                ACTING PRESIDENT PERSAUD:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  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   815, Senate Print Number 1104, by 

17   Senator Stewart-Cousins, an act to amend the 

18   Executive Law.

19                ACTING PRESIDENT PERSAUD:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

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

23   shall have become a law.

24                ACTING PRESIDENT PERSAUD:   Call the 

25   roll.


                                                               3551

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT PERSAUD:   Announce 

 3   the results.

 4                THE SECRETARY:   Ayes, 63.

 5                ACTING PRESIDENT PERSAUD:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   816, Senate Print 3920, by Senator Sanders, an 

 9   act to amend the Administrative Code of the 

10   City of New York.

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   817, Senate Print 4485A, by Senator Harckham, an 

25   act to amend the Private Housing Finance Law.


                                                               3552

 1                ACTING PRESIDENT PERSAUD:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  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 Number 817, those Senators voting in the 

12   negative are Senators Borrello, Boyle, Gallivan, 

13   Griffo, Helming, Jordan, Lanza, Martucci, 

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

15   Ritchie, Serino, Stec, Tedisco and Weik.

16                Ayes, 44.  Nays, 19.

17                ACTING PRESIDENT PERSAUD:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   830, Senate Print 975, by Senator Gaughran, an 

21   act to amend the Labor Law.

22                ACTING PRESIDENT PERSAUD:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3553

 1                ACTING PRESIDENT PERSAUD:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT PERSAUD:   Announce 

 5   the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 830, those Senators voting in the 

 8   negative are Senators Akshar, Borrello, Boyle, 

 9   Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

12   Weik.

13                Ayes, 43.  Nays, 20.

14                ACTING PRESIDENT PERSAUD:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   856, Senate Print 5346, by Senator Stec, an act 

18   to amend the General Municipal Law.

19                ACTING PRESIDENT PERSAUD:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT PERSAUD:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3554

 1                ACTING PRESIDENT PERSAUD:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT PERSAUD:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   871, Senate Print 557, by Senator May, an act to 

 8   amend the Election Law.

 9                ACTING PRESIDENT PERSAUD:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the first of January.

13                ACTING PRESIDENT PERSAUD:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT PERSAUD:   Senator 

17   May to explain her vote.

18                SENATOR MAY:   Thank you, 

19   Madam President.

20                In the two years since early voting 

21   has been a thing in New York State, we've seen 

22   people flock to the polls for early voting.  

23   We've seen New Yorkers of all walks of life -- 

24   young and old, upstate and downstate, urban and 

25   rural, Democratic, Republican and other.  We've 


                                                               3555

 1   also seen, with the electronic poll books that it 

 2   has worked extremely smoothly at sites all across 

 3   the state.  

 4                Now we have the opportunity to bring 

 5   early voting to more New Yorkers with pop-up 

 6   polling sites.  For three days they could set up 

 7   at the mall on the weekend or set up at a 

 8   community college on weekdays, and make voting 

 9   accessible to more New Yorkers.  

10                So I'm excited that we have been 

11   able to bring this bill forward.  I'm grateful to 

12   the leadership and my colleagues.  And I proudly 

13   vote aye.

14                ACTING PRESIDENT PERSAUD:   Senator 

15   May to be recorded in the affirmative.

16                Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar 871, those Senators voting in the 

19   negative are Senators Akshar, Borrello, Boyle, 

20   Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

23   Weik.

24                Ayes, 43.  Nays, 20.

25                ACTING PRESIDENT PERSAUD:   The bill 


                                                               3556

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   895, Senate Print 552, by Senator Mayer, an act 

 4   to amend the Education Law.

 5                ACTING PRESIDENT PERSAUD:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT PERSAUD:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT PERSAUD:   Announce 

13   the results.

14                THE SECRETARY:   Ayes, 63.

15                ACTING PRESIDENT PERSAUD:   The bill 

16   is passed.  

17                THE SECRETARY:   Calendar Number 

18   913, Senate Print 5557, by Senator Mayer, an act 

19   to amend the Retirement and Social Security Law.

20                ACTING PRESIDENT PERSAUD:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT PERSAUD:   Call the 


                                                               3557

 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   926, Senate Print 6410, by Senator Kennedy, an 

10   act to amend Chapter 108 of the Laws of 2016.

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   954, Senate Print 6046B, by Senator Harckham, an 

25   act to authorize the Town of New Castle, County 


                                                               3558

 1   of Westchester, to alienate and discontinue the 

 2   use of certain parklands.

 3                ACTING PRESIDENT PERSAUD:   There is 

 4   a home-rule message at the desk.  

 5                Read the last section.

 6                THE SECRETARY:   Section 7.  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:   Ayes, 63.

14                ACTING PRESIDENT PERSAUD:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   973, Senate Print 1093A, by Senator Gaughran, an 

18   act to amend the Environmental Conservation Law.

19                ACTING PRESIDENT PERSAUD:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT PERSAUD:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3559

 1                ACTING PRESIDENT PERSAUD:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 973, those Senators voting in the 

 5   negative are Senators Biaggi, Boyle, Brisport and 

 6   Salazar.  

 7                Ayes, 59.  Nays, 4.

 8                ACTING PRESIDENT PERSAUD:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   983, Assembly Print 5605, substituted earlier by 

12   Assemblymember Epstein, an act to amend the 

13   Environmental Conservation Law.

14                ACTING PRESIDENT PERSAUD:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  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.


                                                               3560

 1                THE SECRETARY:   Calendar Number 

 2   998, Senate Print 271, by Senator Myrie, an act 

 3   to amend the Real Property Actions and 

 4   Proceedings Law.

 5                ACTING PRESIDENT PERSAUD:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 120th 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:   Announce 

14   the results.

15                THE SECRETARY:   In relation to 

16   Calendar 998, those Senators voting in the 

17   negative are Senators Akshar, Borrello, Boyle, 

18   Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

21                Ayes, 44.  Nays, 19.

22                ACTING PRESIDENT PERSAUD:   The bill 

23   is passed.

24                There is a substitution at the desk.  

25                The Secretary will read.


                                                               3561

 1                THE SECRETARY:   Senator Skoufis 

 2   moves to discharge, from the Committee on 

 3   Finance, Assembly Bill Number 3130 and substitute 

 4   it for the identical Senate Bill 1836, Third 

 5   Reading Calendar 1010.

 6                ACTING PRESIDENT PERSAUD:   The 

 7   substitution is so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1010, Assembly Print Number 3130, by 

11   Assemblymember Steck, an act to amend the 

12   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 


                                                               3562

 1   1011, Senate Print 3852, by Senator Serino, 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 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   1015, Senate Print 4859, by Senator Skoufis, an 

17   act to amend the Retirement and Social Security 

18   Law.

19                ACTING PRESIDENT PERSAUD:   Read the 

20   last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect January 1, 2022.

23                ACTING PRESIDENT PERSAUD:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3563

 1                ACTING PRESIDENT PERSAUD:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT PERSAUD:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1028, Senate Print 4221, by Senator Stavisky, an 

 8   act to amend the Business Corporation Law.

 9                ACTING PRESIDENT PERSAUD:   Read the 

10   last section.

11                THE SECRETARY:   Section 14.  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:   In relation to 

19   Calendar 1028, those Senators voting in the 

20   negative are Senators Lanza and Weik.

21                Ayes, 61.  Nays, 2.

22                ACTING PRESIDENT PERSAUD:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1042, Senate Print 1405, by Senator Serrano, an 


                                                               3564

 1   act to amend the Parks, Recreation and Historic 

 2   Preservation 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   1056, Senate Print 5800, by Senator Comrie, an 

17   act to amend the Election Law.

18                ACTING PRESIDENT PERSAUD:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  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.)


                                                               3565

 1                ACTING PRESIDENT PERSAUD:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 1056, those Senators voting in the 

 5   negative are Senators Akshar, Borrello, Helming, 

 6   Jordan, Lanza, Martucci, Oberacker, O'Mara, Ortt, 

 7   Rath, Ritchie, Stec, Tedisco and Weik.

 8                Ayes, 49.  Nays, 14.

 9                ACTING PRESIDENT PERSAUD:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1058, Senate Print 607A, by Senator Benjamin, an 

13   act to amend the Public Authorities Law.

14                SENATOR LANZA:   Lay it aside.

15                ACTING PRESIDENT PERSAUD:   Lay it 

16   aside.

17                THE SECRETARY:   Calendar Number 

18   1064, Senate Print 4715A, by Senator Tedisco, an 

19   act to amend the Village Law and the Public 

20   Officers Law.

21                ACTING PRESIDENT PERSAUD:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT PERSAUD:   Call the 


                                                               3566

 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                Senator Gianaris, that completes the 

 9   reading of today's calendar.

10                SENATOR GIANARIS:   Can we now move 

11   to the controversial calendar, please.

12                ACTING PRESIDENT PERSAUD:   The 

13   Secretary will ring the bell.

14                The Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   781, Senate Print 1409, by Senator Rivera, an act 

17   to amend the Public Health Law.

18                ACTING PRESIDENT PERSAUD:   Senator 

19   Lanza, why do you rise?

20                SENATOR LANZA:   Madam President, I 

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

22   waive the reading of that amendment and ask that 

23   Senator Martucci be recognized and heard.

24                ACTING PRESIDENT PERSAUD:   Thank 

25   you, Senator Lanza.  


                                                               3567

 1                Upon review of the amendment, in 

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

 3   nongermane and out of order at this time.

 4                SENATOR LANZA:   Accordingly, 

 5   Madam President, I appeal the ruling of the chair 

 6   and ask that Senator Martucci be recognized.

 7                ACTING PRESIDENT PERSAUD:   The 

 8   appeal has been made and recognized, and 

 9   Senator Martucci may be heard.

10                SENATOR MARTUCCI:   Madam President, 

11   I rise to appeal the ruling of the chair.  

12                The proposed amendment is germane to 

13   the bill in front of the house because the bill 

14   in front of the house amends the Public Health 

15   Law.  And for more than a year now, our Governor 

16   has been using executive orders to amend 

17   New York's Public Health Law.

18                Frankly, Madam President, it's sad 

19   that we're here today still discussing arbitrary 

20   orders from Governor Cuomo.  As many of my 

21   colleagues on this side of the aisle have pointed 

22   out -- and I will once again today -- we wouldn't 

23   be here if the Majority had done a straight 

24   repeal of the Governor's powers rather than the 

25   sham repeal that was brought to the floor here 


                                                               3568

 1   months ago.  

 2                If real repeal had been passed, we 

 3   wouldn't be having this conversation today.  In 

 4   fact, the reason we're having this conversation 

 5   today exposes that that bill was nothing more 

 6   than a fraud to our public.

 7                If anyone here has a two-year-old 

 8   toddler, you'll know what I'm talking about.  I'm 

 9   the proud father of a 5-year-old, a 4-year-old, 

10   and an 18-month-old, so I've been through this 

11   and I know a lot about 2-year-olds.  And what's 

12   clear to me is the Governor's latest order that 

13   requires 2-year-olds to wear masks at summer 

14   camps and in daycare was written by someone who 

15   has no clue what it's like to care for a 

16   2-year-old.  

17                This is utterly nonsensical and an 

18   unreasonable demand that's made on our childcare 

19   providers -- and parents -- who have already had 

20   a tremendously hard job this year and continue to 

21   struggle.  Now our childcare providers in our 

22   camps and so many others are going to spend  

23   tremendous portions of their day fighting to put 

24   masks back on little kids who already have a 

25   very, very low risk to begin with.  


                                                               3569

 1                Worse is that this policy 

 2   contradicts one that the Office of Children and 

 3   Family Services right here in New York announced 

 4   last June, on June 26th.  That policy recommended 

 5   but did not require masks to be worn by children 

 6   in daycare and day camp settings.  

 7                That's very interesting to me, 

 8   because what's happened since that June 26th 

 9   order?  Well, providers and employers have been 

10   vaccinated, parents and caregivers have been 

11   vaccinated, and infection rates are steadily on 

12   the decline.  We got the latest infection rates 

13   from the Governor just today in a press 

14   conference that he held talking about just how 

15   low they are.  

16                Large entertainment venues, 

17   restaurants, amusement parks and everything else 

18   has reopened.  The CDC has rescinded mask 

19   mandates for vaccinated individuals.  And 

20   finally, after some pressure, our Governor has 

21   accepted those standards.  

22                In short, things are way better than 

23   they were on last June 26th when that order was 

24   originally issued.  And I remind you that masks 

25   were not required for children in childcare 


                                                               3570

 1   settings back then in June.

 2                Why would Governor Cuomo choose now 

 3   to mandate masks on our toddlers?  It makes 

 4   absolutely no sense, Madam President.  It's not 

 5   about public health, it's about control.  

 6                And why would this body give this 

 7   type of control to someone like our Governor, 

 8   who's under investigation for every form of 

 9   corruption and by every imaginable law 

10   enforcement source.  

11                Last week, in fact, when our 

12   Governor was asked at a press conference about 

13   the outrage people feel about him taking a 

14   $5 million payment for writing a book about the 

15   pandemic that killed 50,000 New Yorkers, his 

16   reply was:  "That's stupid.  Next question."

17                Well, when someone asks me about 

18   this mask mandate for 2-year-olds, my reply is 

19   the same:  That's stupid.  Next question.

20                For these reasons, Madam President, 

21   I strongly urge you to reconsider the ruling, and 

22   I urge my colleagues to support this commonsense 

23   amendment.  Our kids are counting on us.

24                Thank you, Madam President.

25                ACTING PRESIDENT PERSAUD:   Thank 


                                                               3571

 1   you, Senator Martucci.  

 2                I want to remind the house that the 

 3   vote is on the procedures of the house and the 

 4   ruling of the chair.

 5                Those in favor of overruling the 

 6   chair signify by saying aye.

 7                SENATOR LANZA:   Request a show of 

 8   hands.

 9                SENATOR GIANARIS:   Madam President, 

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

11   record each member of the Minority in the 

12   affirmative.

13                ACTING PRESIDENT PERSAUD:   Without 

14   objection, so ordered.

15                Announce the results.

16                THE SECRETARY:   Ayes, 20.

17                ACTING PRESIDENT PERSAUD:   The 

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

19   is before the house.

20                Are there any other Senators wishing 

21   to be heard?  

22                Seeing and hearing none, the debate 

23   is closed.  The Secretary will ring the bell.  

24                Read the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3572

 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 will read.

11                THE SECRETARY:   Calendar Number 

12   1058, Senate Print 607A, by Senator Benjamin, an 

13   act to amend the Public Authorities Law.

14                ACTING PRESIDENT PERSAUD:   Senator 

15   Lanza, why do you rise?

16                SENATOR LANZA:   Madam President, I 

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

18   waive the reading of that amendment and ask that 

19   Senator Griffo be recognized and heard.

20                ACTING PRESIDENT PERSAUD:   Thank 

21   you, Senator Lanza.  

22                Upon review of the amendment, in 

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

24   nongermane and out of order at this time.

25                SENATOR LANZA:   Accordingly, 


                                                               3573

 1   Madam President, I appeal the ruling of the chair 

 2   and ask that Senator Griffo be recognized.

 3                ACTING PRESIDENT PERSAUD:   The 

 4   appeal has been made and recognized, and Senator 

 5   Griffo may be heard.

 6                SENATOR GRIFFO:   Thank you, 

 7   Madam Chair.  

 8                I believe that the amendment before 

 9   the house is germane, as it deals with the 

10   subject at hand of antibias and human rights.  

11                For over 2,000 years the Jewish 

12   people have been the targets of hatred.  The 

13   horrors and tragedy that history has shown us 

14   over the last century show how we must condemn 

15   this antisemitic behavior.  It must be denounced, 

16   confronted and combated.  

17                Sadly, we continue to see 

18   antisemitic threats, attacks and vandalism not 

19   only here in New York State, but across our 

20   country and throughout the world.  Just recently 

21   the New York City Police Department's Hate Crimes 

22   Task Force is investigating a Jewish man 

23   reportedly assaulted in Times Square.  At the 

24   same time, in Los Angeles, police are 

25   investigating several Jewish people, simply 


                                                               3574

 1   dining at a restaurant, who had bottles thrown at 

 2   them.  Synagogues in Arizona, Illinois and 

 3   New York have been vandalized.  

 4                And we've seen this increase 

 5   significantly in just recent weeks.  The 

 6   Anti-Defamation League, a Jewish civil rights 

 7   group, received over 193 reports of antisemitic 

 8   incidents in just the last week.  And between 

 9   May 7th and the 14th of May, there were 17,000 

10   tweets that used a variation of the phrase 

11   "Hitler was right."

12                These deplorable threats and actions 

13   that we continue to witness are reprehensible.  

14   They're unacceptable.  They're inexcusable.  And 

15   they continue to spread fear throughout the 

16   Jewish community.  Those who commit such acts 

17   should be held accountable for their actions.  

18                The human rights statute that we 

19   have in our state prohibits discrimination of 

20   New Yorkers for the purposes of age, race, color, 

21   creed, national origin, sex, gender identity, 

22   sexual orientation, marital status, military 

23   status and disability.  This amendment would 

24   ensure that we have additional provisions that we 

25   can protect those, particularly of the Jewish 


                                                               3575

 1   faith, by codification and by clarification of 

 2   terminology.  It would ensure that all who 

 3   participate in antisemitic acts, activities or 

 4   attacks of any type will face real and 

 5   significant consequences for their action.

 6                These acts have no place anytime or 

 7   anywhere.  And I believe that this issue and the 

 8   amendment accordingly are germane, based on the 

 9   discussion of human rights before us.

10                Thank you, Madam Chair.

11                ACTING PRESIDENT PERSAUD:   Thank 

12   you, Senator Griffo.

13                I want to remind the house that the 

14   vote is on the procedures of the house and the 

15   ruling of the chair.

16                Those in favor of overruling the 

17   chair signify by saying aye.

18                SENATOR LANZA:   Request a show of 

19   hands.

20                SENATOR GIANARIS:   Madam President, 

21   we've again agreed to waive the showing of hands 

22   and record each member of the Minority in the 

23   affirmative.

24                ACTING PRESIDENT PERSAUD:   Without 

25   objection, so ordered.


                                                               3576

 1                Announce the results.

 2                THE SECRETARY:   Ayes, 20.

 3                ACTING PRESIDENT PERSAUD:   The 

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

 5   is before the house.

 6                Are there any other Senators wishing 

 7   to be heard?

 8                Seeing and hearing none, debate is 

 9   closed.  The Secretary will ring the bell.

10                Read the last section.

11                THE SECRETARY:   Section 2.  This 

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

13   shall have become a law.

14                ACTING PRESIDENT PERSAUD:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT PERSAUD:   Announce 

18   the results.

19                THE SECRETARY:   In relation to 

20   Calendar 1058, those Senators voting in the 

21   negative are Senators Akshar, Borrello, Boyle, 

22   Gallivan, Griffo, Helming, Jordan, Lanza, 

23   Martucci, Mattera, Oberacker, O'Mara, Ortt, Rath, 

24   Ritchie, Stec, Tedisco and Weik.

25                Ayes, 45.  Nays, 18.


                                                               3577

 1                ACTING PRESIDENT PERSAUD:   The bill 

 2   is passed.

 3                Senator Gianaris, that completes the 

 4   reading of the controversial calendar.

 5                SENATOR GIANARIS:   Thank you, 

 6   Madam President.  

 7                Is there any further business at the 

 8   desk?

 9                ACTING PRESIDENT PERSAUD:   There is 

10   no further business at the desk.

11                SENATOR GIANARIS:   I move to 

12   adjourn until tomorrow, Tuesday, May 25th, at 

13   3:00 p.m.

14                ACTING PRESIDENT PERSAUD:   On 

15   motion, the Senate stands adjourned until 

16   Tuesday, May 25th, at 3:00 p.m.

17                (Whereupon, at 4:32 p.m., the Senate 

18   adjourned.)

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