Regular Session - January 18, 2022

                                                                   197

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 18, 2022

11                      3:05 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  

19  SENATOR JAMAAL T. BAILEY, Acting President

20  ALEJANDRA N. PAULINO, ESQ., Secretary

21  

22  

23  

24  

25  


                                                               198

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

 2                 ACTING PRESIDENT BAILEY:   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 BAILEY:   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 BAILEY:   The 

14    reading of the Journal.

15                 THE SECRETARY:   In Senate, Sunday, 

16    January 16, 2022, the Senate met pursuant to 

17    adjournment.  The Journal of Saturday, 

18    January 15, 2022, was read and approved.  On 

19    motion, the Senate adjourned.

20                 ACTING PRESIDENT BAILEY:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 Messages from the Governor.

25                 Reports of standing committees.


                                                               199

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   There will be an 

 7    immediate meeting of the Rules Committee in 

 8    Room 332.

 9                 ACTING PRESIDENT BAILEY:   There 

10    will be an immediate meeting of the 

11    Rules Committee in Room 332.

12                 SENATOR GIANARIS:   The Senate 

13    stands at ease.

14                 ACTING PRESIDENT BAILEY:   The 

15    Senate will stand at ease.

16                 (Whereupon, the Senate stood at ease 

17    at 3:06 p.m.)

18                 (Whereupon, the Senate reconvened at 

19    3:22 p.m.)

20                 ACTING PRESIDENT BAILEY:   The 

21    Senate will return to order.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Thank you, 

24    Mr. President.

25                 Can we please take up the 


                                                               200

 1    Rules Committee report which is at the desk.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    Secretary will read.

 4                 THE SECRETARY:   Senator 

 5    Stewart-Cousins, from the Committee on Rules, 

 6    reports the following bills:  

 7                 Senate Print 7759, by 

 8    Senator Kaplan, an act to amend the Penal Law; 

 9                 Senate Print 7760, by 

10    Senator Gianaris, an act to amend the 

11    Executive Law; 

12                 Senate Print 7761, by 

13    Senator Savino, an act to amend the 

14    Social Services Law; 

15                 Senate Print 7762, by 

16    Senator Gaughran, an act to amend the 

17    Workers' Compensation Law; 

18                 Senate Print 7763, by 

19    Senator Sanders, an act to amend a chapter of the 

20    Laws of 2021; 

21                 Senate Print 7764, by 

22    Senator Comrie, an act to amend a chapter of the 

23    Laws of 2021; 

24                 Senate Print 7765, by 

25    Senator Skoufis, an act to amend the 


                                                               201

 1    Alcoholic Beverage Control Law; 

 2                 Senate Print 7767, by 

 3    Senator Breslin, an act to amend the 

 4    Insurance Law; 

 5                 Senate Print 7768, by 

 6    Senator Breslin, an act to amend the 

 7    Insurance Law; 

 8                 Senate Print 7771, by 

 9    Senator Hinchey, an act to amend the 

10    Agriculture and Markets Law and the Public Health 

11    Law; 

12                 Senate Print 7772, by 

13    Senator Gianaris, an act to amend the 

14    Private Housing Finance Law; 

15                 Senate Print 7773, by Senator Ramos, 

16    an act to amend the Labor Law and the General 

17    Business Law; 

18                 Senate Print 7774, by 

19    Senator Reichlin-Melnick, an act to amend the 

20    Public Health Law; 

21                 Senate Print 7775, by 

22    Senator Hinchey, an act to amend the 

23    Agriculture and Markets Law; 

24                 Senate Print 7776, by Senator May, 

25    an act to amend a chapter of the Laws of 2021; 


                                                               202

 1                 Senate Print 7777, by Senator May, 

 2    an act to amend the Public Health Law; 

 3                 Senate Print 7778, by 

 4    Senator Gaughran, an act to amend the 

 5    Public Authorities Law; 

 6                 Senate Print 7779, by Senator May, 

 7    an act to amend the Elder Law; 

 8                 Senate Print 7780, by 

 9    Senator Skoufis, an act to amend the 

10    Executive Law; 

11                 Senate Print 7783, by 

12    Senator Addabbo, an act to amend the 

13    Agriculture and Markets Law; 

14                 Senate Print 7784, by Senator Ramos, 

15    an act to amend the Alcoholic Beverage Control 

16    Law; 

17                 Senate Print 7785, by 

18    Senator Skoufis, an act to amend the 

19    Workers' Compensation Law; 

20                 Senate Print 7786, by 

21    Senator Krueger, an act to amend the 

22    State Technology Law; 

23                 Senate Print 7787, by 

24    Senator Hoylman, an act to amend the 

25    State Technology Law; 


                                                               203

 1                 Senate Print 7788, by 

 2    Senator Harckham, an act to amend the 

 3    Environmental Conservation Law; 

 4                 Senate Print 7789, by 

 5    Senator Bailey, an act to amend the Family Court 

 6    Act and the Social Services Law; 

 7                 Senate Print 7791, by 

 8    Senator Kaplan, an act to amend the 

 9    Transportation Law; 

10                 Senate Print 7793, by 

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

12                 Senate Print 7794, by 

13    Senator Mannion, an act to amend the Domestic 

14    Relations Law and the Family Court Act; 

15                 Senate Print 7796, by 

16    Senator Brooks, an act to amend the Penal Law; 

17                 Senate Print 7797, by 

18    Senator Sanders, an act to amend the 

19    Insurance Law; 

20                 Senate Print 7798, by 

21    Senator Hinchey, an act to amend the 

22    Public Health Law; 

23                 Senate Print 7799, by 

24    Senator Comrie, an act to amend a chapter of the 

25    Laws of 2021; 


                                                               204

 1                 Senate Print 7800, by Senator Ramos, 

 2    an act to amend the Social Services Law; 

 3                 Senate Print 7801, by 

 4    Senator Jackson, an act to amend the 

 5    Real Property Law; 

 6                 Senate Print 7802, by 

 7    Senator Comrie, an act to amend the 

 8    Public Service Law; 

 9                 Senate Print 7803, by 

10    Senator Skoufis, an act to amend the 

11    Public Officers Law; 

12                 Senate Print 7084, by 

13    Senator Sanders, an act to amend a chapter of the 

14    Laws of 2021; 

15                 Senate Print 7805, by 

16    Senator Gianaris, an act to amend the 

17    State Administrative Procedure Act; 

18                 Senate Print 7806, by 

19    Senator Gianaris, an act to amend a chapter of 

20    the Laws of 2021; 

21                 Senate Print 7807, by 

22    Senator Hoylman, an act to amend the 

23    Executive Law;

24                 Senate Print 7808, by 

25    Senator Hoylman, an act to amend the Civil Rights 


                                                               205

 1    Law;

 2                 Senate Print 7811, by Senator Mayer, 

 3    an act to amend the Labor Law; 

 4                 Senate Print 7812, by 

 5    Senator Harckham, an act to amend the 

 6    Environmental Conservation Law; 

 7                 Senate Print 7813, by 

 8    Senator Hinchey, an act to amend the 

 9    Environmental Conservation Law; 

10                 Senate Print 7814, by 

11    Senator Hinchey, an act to amend the 

12    Agriculture and Markets Law;

13                 Senate Print 7815, by 

14    Senator Parker, an act to amend the 

15    Mental Hygiene Law;

16                 Senate Print 7816, by 

17    Senator Kaminsky, an act to amend the 

18    Public Service Law and the Public Authorities 

19    Law; 

20                 Senate Print 7817, by 

21    Senator Savino, an act to amend a chapter of the 

22    Laws of 2021; 

23                 Senate Print 7818, by 

24    Senator Hinchey, an act to amend the Vehicle and 

25    Traffic Law;


                                                               206

 1                 Senate Print 7819, by Senator Myrie, 

 2    an act to amend the Public Officers Law and the 

 3    Election Law; 

 4                 Senate Print 7820, by 

 5    Senator Kaplan, an act to amend the 

 6    Executive Law; 

 7                 Senate Print 7822, by 

 8    Senator Comrie, an act to amend the 

 9    Public Authorities Law; 

10                 Senate Print 7823, by 

11    Senator Sanders, an act to amend the 

12    Agriculture and Markets Law; 

13                 Senate Print 7825, by 

14    Senator Kaminsky, an act to amend the 

15    Environmental Conservation Law; 

16                 Senate Print 7826, by 

17    Senator Persaud, an act to amend a chapter of the 

18    Laws of 2021; 

19                 Senate Print 7827, by 

20    Senator Kaminsky, an act to amend the 

21    Environmental Conservation Law; 

22                 Senate Print 7830, by 

23    Senator Kavanagh, an act to amend the 

24    Private Housing Finance Law; 

25                 Senate Print 7832, by 


                                                               207

 1    Senator Kennedy, an act to amend the 

 2    General Business Law;

 3                 Senate Print 7833, by 

 4    Senator Kaminsky, an act to amend the 

 5    Environmental Conservation Law; 

 6                 Senate Print 7835, by 

 7    Senator Rivera, an act to amend the Public Health 

 8    Law; 

 9                 Senate Print 7836, by 

10    Senator Kennedy, an act to amend the 

11    Public Service Law; 

12                 Senate Print 7837, by 

13    Senator Breslin, an act to amend the 

14    Public Health Law;

15                 Senate Print 7838, by 

16    Senator Breslin, an act to amend the 

17    Insurance Law, the General Business Law and the 

18    Tax Law; 

19                 Senate Print 7839, by 

20    Senator Hinchey, an act to amend the 

21    Public Health Law; 

22                 Senate Print 7840, by 

23    Senator Rivera, an act to amend the Public Health 

24    Law and the Education Law; 

25                 Senate Print 7841, by 


                                                               208

 1    Senator Brisport, an act to amend the 

 2    Education Law; 

 3                 Senate Print 7843, by Senator Ramos, 

 4    an act to amend the Workers' Compensation Law; 

 5                 Senate Print 7845, by Senator Myrie, 

 6    an act to amend Chapter 249 of the Laws of 2021; 

 7                 Senate Print 7846, by 

 8    Senator Brisport, an act to amend the 

 9    Social Services Law; 

10                 Senate Print 7847, by 

11    Senator Mannion, an act to amend a chapter of the 

12    Laws of 2021; 

13                 Senate Print 7848, by 

14    Senator Mannion, an act to amend the 

15    Mental Hygiene Law; 

16                 Senate Print 7849, by 

17    Senator Kennedy, an act to amend the Vehicle and 

18    Traffic Law; 

19                 Senate Print 7850, by Senator Brouk, 

20    an act to repeal Article 6-B of the County Law; 

21    and 

22                 Senate Print 7870, by 

23    Senator Rivera, an act to amend the State Finance 

24    Law, the Mental Hygiene Law and the Executive 

25    Law.


                                                               209

 1                 All bills reported directly to third 

 2    reading.

 3                 SENATOR GIANARIS:   Move to accept 

 4    the report of the Rules Committee.

 5                 ACTING PRESIDENT BAILEY:   All those 

 6    in favor of accepting the report of the 

 7    Rules Committee signify by saying aye.

 8                 (Response of "Aye.")

 9                 ACTING PRESIDENT BAILEY:   Opposed, 

10    nay.

11                 (No response.)

12                 ACTING PRESIDENT BAILEY:   The Rules 

13    Committee report is accepted.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Can we now take 

16    up the calendar.

17                 ACTING PRESIDENT BAILEY:   The 

18    Secretary will read.

19                 THE SECRETARY:   Calendar Number 38, 

20    by Senator Kaplan, Senate Print 7710, an act to 

21    amend the Executive Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect on the same date and in the 


                                                               210

 1    same manner as a chapter of the Laws of 2021.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar Number 38, voting in the negative:  

 9    Senator Skoufis.  

10                 Ayes, 62.  Nays, 1.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 42, 

14    by Senator Mayer, Senate Print 7714, an act to 

15    amend the General Business Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect on the same date and in the 

20    same manner as a chapter of the Laws of 2021.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               211

 1                 THE SECRETARY:   Ayes, 63.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 43, 

 5    Senate Print 7715, by Senator Skoufis, an act to 

 6    amend the Economic Development Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect on the same date and in the 

11    same manner as a chapter of the Laws of 2021.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 63.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 44, 

21    by Senator Persaud, Senate Print 7716, an act to 

22    amend the Education Law and the State Finance 

23    Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               212

 1                 THE SECRETARY:   Section 4.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 44, those Senators voting in the 

10    negative are Senators Akshar, Borrello, Boyle, 

11    Griffo, Helming, Jordan, Lanza, Mattera, 

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

13    Serino, Stec, Tedisco and Weik.  

14                 Ayes, 45.  Nays, 18.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 46, 

18    by Senator Hinchey, Senate Print 7718, an act to 

19    amend a chapter of the Laws of 2021.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect on the same date and in the 

24    same manner as a chapter of the Laws of 2021.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               213

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar Number 46, those Senators voting in the 

 7    negative are Senators Gallivan and Skoufis.

 8                 Ayes, 61.  Nays, 2.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 47, 

12    Senate Print 7719, by Senator Kennedy, an act to 

13    amend a chapter of the Laws of 2021.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect on the same date and in the 

18    same manner as a chapter of the Laws of 2021.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 47, voting in the negative:  


                                                               214

 1    Senator Skoufis.

 2                 Ayes, 62.  Nays, 1.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 50, 

 6    by Senator Comrie, Senate Print 7722, an act to 

 7    amend a chapter of the Laws of 2021.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect on the same date and in the 

12    same manner as a chapter of the Laws of 2021.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 50, those Senators voting in the 

20    negative are Senators Oberacker and Stec.

21                 Ayes, 61.  Nays, 2.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 55, 

25    by Senator Kavanagh, Senate Print 7727, an act to 


                                                               215

 1    amend the Public Housing Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect on the same date and in the 

 6    same manner as a chapter of the Laws of 2021.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 56, 

16    Senate Print 7728, by Senator Gaughran, an act to 

17    amend the State Finance Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               216

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 56, those Senators voting in the 

 4    negative are Senators Gallivan and Oberacker.

 5                 Ayes, 61.  Nays, 2.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 61, 

 9    by Senator Biaggi, Senate Print 7733, an act to 

10    amend the Executive Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect on the same date and in the 

15    same manner as a chapter of the Laws of 2021.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 61, those Senators voting in the 

23    negative are Senators Akshar, Borrello, Boyle, 

24    Gallivan, Griffo, Helming, Jordan, Lanza, 

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


                                                               217

 1    Ritchie, Serino, Stec and Weik.

 2                 Ayes, 45.  Nays, 18.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 Senator Gianaris, that completes the 

 6    reading of today's calendar.

 7                 SENATOR GIANARIS:   Is there any 

 8    further business at the desk?

 9                 ACTING PRESIDENT BAILEY:   There is 

10    no further business at the desk.

11                 SENATOR GIANARIS:   Move to adjourn 

12    until tomorrow, Wednesday, January 19th, at 

13    3:00 p.m.

14                 ACTING PRESIDENT BAILEY:   On 

15    motion, the Senate stands adjourned until 

16    Wednesday, January 19th, at 3:00 p.m.

17                 (Whereupon, at 3:37 p.m., the Senate 

18    adjourned.)

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