Regular Session - January 24, 2022

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 1                 NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 24, 2022

11                      3:27 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR BRIAN A. BENJAMIN, President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

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24  

25  


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

 2                 THE PRESIDENT:   The Senate will 

 3    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                 THE PRESIDENT:   His Eminence 

 9    Timothy Cardinal Dolan, Archbishop of the 

10    Roman Catholic Diocese of New York, will deliver 

11    today's invocation.

12                 CARDINAL DOLAN:   Thank you, 

13    Governor.  I appreciate you being here.

14                 It's an honor to be here, everybody.  

15    I appreciate the invitation.  

16                 Let us pray.

17                 Dear God and Father of us all, we 

18    acknowledge Your sovereignty, Your dominion, 

19    Your governances, Lord, of Your creation and 

20    Your creatures, as we humbly thank You for 

21    allowing us in this historic chamber to share 

22    governance with You.

23                 Thus do we seek Your wisdom, 

24    guidance, prudence and courage as we try our best 

25    to serve the people who have entrusted this honor 


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 1    to us.

 2                 In a special way do we ask Your 

 3    protection upon the homes, the families, the 

 4    streets of our communities and upon the police 

 5    and fire and rescue professionals who guard them, 

 6    and as we ask Your healing upon those plagued by 

 7    the pandemic and Your strength upon those heroic 

 8    healthcare professionals who serve them.  

 9                 Without You, we can do nothing, 

10    while with You, nothing is impossible.  

11                 You are Lord forever and ever, Amen.

12                 (Response of "Amen.")

13                 CARDINAL DOLAN:   Thanks again, 

14    everybody.  Good to be with you.  

15                 THE PRESIDENT:   Majority Leader 

16    Andrea Stewart-Cousins. 

17                 SENATOR STEWART-COUSINS:   Yes, yes.   

18    I just wanted to thank His Eminence for being 

19    here, for praying in our chamber, and for making 

20    sure, even though there's just a few of us here, 

21    to really pray for all of us as we continue to do 

22    the work of the people.  And we thank you for 

23    what you do as well.

24                 CARDINAL DOLAN:   I thank you, and 

25    I'll see you in Yonkers.  


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 1                 (Laughter.) 

 2                 SENATOR STEWART-COUSINS:   Yes, you 

 3    will.  At Elizabeth Seton, too.  Take care.

 4                 THE PRESIDENT:   The reading of the 

 5    Journal.

 6                 THE SECRETARY:   In Senate, Sunday, 

 7    January 23, 2022, the Senate met pursuant to 

 8    adjournment.  The Journal of Saturday, 

 9    January 22, 2022, was read and approved.  On 

10    motion, the Senate adjourned.

11                 THE PRESIDENT:   Without objection, 

12    the Journal stands approved as read.

13                 Presentation of petitions.

14                 Messages from the Assembly.

15                 Messages from the Governor.

16                 Reports of standing committees.

17                 Reports of select committees.

18                 Communications and reports from 

19    state officers.

20                 Motions and resolutions.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Thank you, 

23    Mr. President.  

24                 There will be an immediate meeting 

25    of the Rules Committee in Room 332.


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 1                 THE PRESIDENT:   There will be an 

 2    immediate meeting of the Rules Committee in 

 3    Room 332.

 4                 SENATOR GIANARIS:   The Senate will 

 5    stand at ease.

 6                 THE PRESIDENT:   The Senate will 

 7    stand at ease.

 8                 (Whereupon, the Senate stood at ease 

 9    at 3:30 p.m.)

10                 (Whereupon, the Senate reconvened at 

11    3:43 p.m.)

12                 THE PRESIDENT:   The Senate will 

13    return to order.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Mr. President, I 

16    believe there's some messages from the Assembly 

17    that we have received.  

18                 Can we take those up?  

19                 THE PRESIDENT:   Yes.  

20                 Messages from the Assembly.

21                 THE SECRETARY:   Senator May moves 

22    to discharge, from the Committee on Rules, 

23    Assembly Bill Number 8592 and substitute it for 

24    the identical Senate Bill 7777, Third Reading 

25    Calendar 148.


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 1                 Senator Kaminsky moves to discharge, 

 2    from the Committee on Rules, Assembly Bill Number 

 3    8721 and substitute it for the identical 

 4    Senate Bill 7827, Third Reading Calendar 187.

 5                 THE PRESIDENT:   Substitutions so 

 6    ordered.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Mr. President, I 

 9    believe there's a report of the Rules Committee 

10    at the desk.  Can we take that up, please.

11                 THE PRESIDENT:   The Secretary will 

12    read.

13                 THE SECRETARY:   Senator 

14    Stewart-Cousins, from the Committee on Rules, 

15    reports the following bills:  

16                 Senate Print 7766, by 

17    Senator Parker, an act to amend the 

18    Public Service Law; 

19                 Senate Print 7769, by 

20    Senator Kaplan, an act to amend a chapter of the 

21    Laws of 2021; 

22                 Senate Print 7770, by 

23    Senator Gaughran, an act to amend the 

24    Real Property Law; 

25                 Senate Print 7781, by 


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 1    Senator Kaminsky, an act to amend the 

 2    Environmental Conservation Law; 

 3                 Senate Print 7782, by 

 4    Senator Kavanagh, an act to amend a chapter of 

 5    the Laws of 2021; 

 6                 Senate Print 7790, by 

 7    Senator Brisport, an act to amend the 

 8    Criminal Procedure Law; 

 9                 Senate Print 7792, by 

10    Senator Parker, an act to amend the Real Property 

11    Actions and Proceedings Law; 

12                 Senate Print 7795, by 

13    Senator Kavanagh, an act to amend the 

14    General Obligations Law; 

15                 Senate Print 7821, by 

16    Senator Salazar, an act to amend the 

17    Executive Law and a chapter of the Laws of 2021; 

18                 Senate Print 7824, by 

19    Senator Biaggi, an act to amend the 

20    Public Authorities Law; 

21                 Senate Print 7828, by 

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

23    Laws of 2021; 

24                 Senate Print 7831, by 

25    Senator Kavanagh, an act to amend the 


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 1    Private Housing Finance Law; 

 2                 Senate Print 7834, by Senator May, 

 3    an act to amend the Public Authorities Law; 

 4                 Senate Print 7842, by 

 5    Senator Kaplan, an act to amend a chapter of the 

 6    Laws of 2021; 

 7                 Senate Print 7844, by 

 8    Senator Reichlin-Melnick, an act to amend the 

 9    Tax Law; 

10                 Senate Print 7882, by 

11    Senator Gounardes, an act to amend the 

12    Civil Practice Law and Rules; 

13                 Senate Print 7883, by Senator Brouk, 

14    an act to amend the Public Health Law; 

15                 Senate Print 7884, by 

16    Senator Addabbo, an act to amend the 

17    Public Health Law; 

18                 Senate Print 7885, by 

19    Senator Rivera, an act to amend the Public Health 

20    Law; 

21                 Senate Print 7886, by Senator May, 

22    an act to amend the Public Health Law; 

23                 Senate Print 7887, by 

24    Senator Kennedy, an act to amend the 

25    Executive Law and the Public Authorities Law; 


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 1                 Senate Print 7888, by Senator  

 2    Harckham,an act to amend the Public Health Law; 

 3                 Senate Print 7889, by 

 4    Senator Reichlin-Melnick, an act to amend the 

 5    General Business Law; and 

 6                 Senate Print 7890, by 

 7    Senator Hinchey, an act to amend the 

 8    Public Health Law.

 9                 All bills reported direct to third 

10    reading.

11                 SENATOR GIANARIS:   I move to accept 

12    the report of the Rules Committee.

13                 THE PRESIDENT:   All those in favor 

14    of accepting the report of the Rules Committee 

15    signify by saying aye.

16                 (Response of "Aye.")

17                 THE PRESIDENT:   Opposed, nay.

18                 (No response.)

19                 THE PRESIDENT:   The Rules Committee 

20    report is accepted.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Can we now take 

23    up the calendar, please.

24                 THE PRESIDENT:   The Secretary will 

25    read.


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 1                 THE SECRETARY:   Calendar Number 25, 

 2    Senate Print 7697, by Senator Hinchey, an act to 

 3    amend the Social Services Law.

 4                 THE PRESIDENT:   Read the last 

 5    section.

 6                 THE SECRETARY:   Section 2.  This 

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

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

 9                 THE PRESIDENT:   Call the roll.

10                 (The Secretary called the roll.)

11                 THE PRESIDENT:   Announce the 

12    results.

13                 THE SECRETARY:   Ayes, 62.

14                 THE PRESIDENT:   The bill is passed.

15                 THE SECRETARY:   Calendar Number 29, 

16    Senate Print 7701, by Senator Kaminsky, an act to 

17    amend the Public Housing Law.

18                 THE PRESIDENT:   Read the last 

19    section.

20                 THE SECRETARY:   Section 2.  This 

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

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

23                 THE PRESIDENT:   Call the roll.

24                 (The Secretary called the roll.)

25                 THE PRESIDENT:   Announce the 


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 1    results.

 2                 THE SECRETARY:   Ayes, 62.

 3                 THE PRESIDENT:   The bill is passed.

 4                 THE SECRETARY:   Calendar Number 40, 

 5    Senate Print 7712, by Senator Ramos, an act to 

 6    amend the Social Services Law.

 7                 THE PRESIDENT:   Read the last 

 8    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                 THE PRESIDENT:   Call the roll.

13                 (The Secretary called the roll.)

14                 THE PRESIDENT:   Announce the 

15    results.

16                 THE SECRETARY:   Ayes, 62.

17                 THE PRESIDENT:   The bill is passed.

18                 THE SECRETARY:   Calendar Number 58, 

19    Senate Print 7730, by Senator Skoufis, an act to 

20    amend the Real Property Law.

21                 THE PRESIDENT:   Read the last 

22    section.

23                 THE SECRETARY:   Section 3.  This 

24    act shall take effect immediately.

25                 THE PRESIDENT:   Call the roll.


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 1                 (The Secretary called the roll.)

 2                 THE PRESIDENT:   Announce the 

 3    results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 58, those Senators voting in the 

 6    negative are Senators Lanza and Oberacker.  

 7                 Ayes, 60.  Nays, 2.

 8                 THE PRESIDENT:   The bill is passed.

 9                 THE SECRETARY:   Calendar Number 60, 

10    Senate Print 7732, by Senator Gaughran, an act to 

11    amend a chapter of the Laws of 2021.

12                 THE PRESIDENT:   Read the last 

13    section.

14                 THE SECRETARY:   Section 2.  This 

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

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

17                 THE PRESIDENT:   Call the roll.  

18                 (The Secretary called the roll.)

19                 THE PRESIDENT:   Announce the 

20    results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 60, those Senators voting in the 

23    negative are Senators Akshar, Borrello, Griffo, 

24    Jordan, Lanza, Oberacker, O'Mara, Ortt, Rath and 

25    Stec.


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 1                 Ayes, 52.  Nays, 10.

 2                 THE PRESIDENT:   The bill is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    135, Senate Print 7761, by Senator Savino, an act 

 5    to amend the Social Services Law.

 6                 THE PRESIDENT:   Read the last 

 7    section.

 8                 THE SECRETARY:   Section 2.  This 

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

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

11                 THE PRESIDENT:   Call the roll.

12                 (The Secretary called the roll.)

13                 THE PRESIDENT:   Announce the 

14    results.

15                 THE SECRETARY:   In relation to 

16    Calendar 135, voting in the negative:  

17    Senator Lanza.

18                 Ayes, 61.  Nays, 1.

19                 THE PRESIDENT:   The bill is passed.

20                 THE SECRETARY:   Calendar Number 

21    140, Senate Print 7767, by Senator Breslin, an 

22    act to amend the Insurance Law.

23                 THE PRESIDENT:   Read the last 

24    section.

25                 THE SECRETARY:   Section 6.  This 


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 1    act shall take effect immediately.

 2                 THE PRESIDENT:   Call the roll.

 3                 (The Secretary called the roll.)

 4                 THE PRESIDENT:   Announce the 

 5    results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 140, those Senators voting in the 

 8    negative are Senators Akshar, Borrello, Gallivan, 

 9    Martucci, Oberacker, Ortt, Rath, Tedisco and 

10    Weik.

11                 Ayes, 53.  Nays, 9.

12                 THE PRESIDENT:   The bill is passed.

13                 THE SECRETARY:   Calendar Number 

14    143, Senate Print 7772, by Senator Gianaris, an 

15    act to amend the Private Housing Finance Law.

16                 THE PRESIDENT:   Read the last 

17    section.

18                 THE SECRETARY:   Section 5.  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                 THE PRESIDENT:   Call the roll.

22                 (The Secretary called the roll.)

23                 THE PRESIDENT:   Announce the 

24    results.

25                 THE SECRETARY:   In relation to 


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 1    Calendar 143, those Senators voting in the 

 2    negative are Senators Borrello, Boyle, Gallivan, 

 3    Griffo, Jordan, Mattera, Oberacker, O'Mara, Ortt, 

 4    Palumbo, Rath, Ritchie, Stec and Tedisco.

 5                 Ayes, 48.  Nays, 14.

 6                 THE PRESIDENT:   The bill is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    147, Senate Print 7776, by Senator May, an act to 

 9    amend a chapter of the Laws of 2021.

10                 THE PRESIDENT:   Read the last 

11    section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.

14                 THE PRESIDENT:   Call the roll.

15                 (The Secretary called the roll.)

16                 THE PRESIDENT:   Announce the 

17    results.

18                 THE SECRETARY:   In relation to 

19    Calendar 147, voting in the negative:  

20    Senator Oberacker.  

21                 Ayes, 61.  Nays, 1.

22                 THE PRESIDENT:   The bill is passed.

23                 THE SECRETARY:   Calendar Number 

24    148, Assembly Print Number 8592, by 

25    Assemblymember Clark, an act to amend the 


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 1    Public Health Law.

 2                 THE PRESIDENT:   Read the last 

 3    section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.  

 6                 THE PRESIDENT:   Call the roll.

 7                 (The Secretary called the roll.)

 8                 THE PRESIDENT:   Announce the 

 9    results.

10                 THE SECRETARY:   Ayes, 62.

11                 THE PRESIDENT:   The bill is passed.

12                 THE SECRETARY:   Calendar Number 

13    155, Senate Print 7786, by Senator Krueger, an 

14    act to amend the State Technology Law.

15                 THE PRESIDENT:   Read the last 

16    section.

17                 THE SECRETARY:   Section 2.  This 

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

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

20                 THE PRESIDENT:   Call the roll.

21                 (The Secretary called the roll.)

22                 THE PRESIDENT:   Announce the 

23    results.

24                 THE SECRETARY:   Ayes, 62.

25                 THE PRESIDENT:   The bill is passed.


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 1                 THE SECRETARY:   Calendar Number 

 2    156, Senate Print 7787, by Senator Hoylman, an 

 3    act to amend the State Technology Law.

 4                 THE PRESIDENT:   Read the last 

 5    section.

 6                 THE SECRETARY:   Section 2.  This 

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

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

 9                 THE PRESIDENT:   Call the roll.

10                 (The Secretary called the roll.)

11                 THE PRESIDENT:   Announce the 

12    results.

13                 THE SECRETARY:   Ayes, 62.

14                 THE PRESIDENT:   The bill is passed.

15                 THE SECRETARY:   Calendar Number 

16    157, Senate Print 7788, by Senator Harckham, an 

17    act to amend the Environmental Conservation Law.

18                 THE PRESIDENT:   Read the last 

19    section.

20                 THE SECRETARY:   Section 2.  This 

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

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

23                 THE PRESIDENT:   Call the roll.

24                 (The Secretary called the roll.)

25                 THE PRESIDENT:   Announce the 


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 1    results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 157, those Senators voting in the 

 4    negative are Senators Akshar, Borrello, Gallivan, 

 5    Griffo, Helming, Jordan, Lanza, Martucci, 

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

 7    Serino, Stec, Tedisco and Weik.

 8                 Ayes, 44.  Nays, 18.

 9                 THE PRESIDENT:   The bill is passed.

10                 THE SECRETARY:   Calendar Number 

11    187, Assembly Print Number 8721, by 

12    Assemblymember Englebright, an act to amend the 

13    Environmental Conservation Law.

14                 THE PRESIDENT:   Read the last 

15    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                 THE PRESIDENT:   Call the roll.

20                 (The Secretary called the roll.)

21                 THE PRESIDENT:   Announce the 

22    results.

23                 THE SECRETARY:   In relation to 

24    Calendar 187, those Senators voting in the 

25    negative are Senators Akshar, Borrello, Felder, 


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 1    Gallivan, Griffo, Helming, Jordan, Lanza, 

 2    Oberacker, O'Mara, Ortt, Rath, Ritchie, Stec, 

 3    Tedisco and Weik.

 4                 Ayes, 46.  Nays, 16.

 5                 THE PRESIDENT:   The bill is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    206, Senate Print 7850, by Senator Brouk, an act 

 8    to repeal Article 6-B of the County Law.

 9                 THE PRESIDENT:   Read the last 

10    section.

11                 THE SECRETARY:   Section 3.  This 

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

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

14                 THE PRESIDENT:   Call the roll.

15                 (The Secretary called the roll.)

16                 THE PRESIDENT:   Announce the 

17    results.

18                 THE SECRETARY:   Ayes, 62.

19                 THE PRESIDENT:   The bill is passed.

20                 Senator Gianaris, that completes the 

21    reading of today's calendar.

22                 SENATOR GIANARIS:   Is there any 

23    further business at the desk?

24                 THE PRESIDENT:   There is no further 

25    business at the desk.


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 1                 SENATOR GIANARIS:   Accordingly, I 

 2    move to adjourn until tomorrow, Tuesday, 

 3    January 25th, at 3:00 p.m.

 4                 THE PRESIDENT:   On motion, the 

 5    Senate stands adjourned until Tuesday, 

 6    January 25th, at 3:00 p.m.

 7                 (Whereupon, at 3:53 p.m., the Senate 

 8    adjourned.)

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