Regular Session - January 26, 2022
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 January 26, 2022
11 11:13 a.m.
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14 REGULAR SESSION
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18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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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, Tuesday,
16 January 25, 2022, the Senate met pursuant to
17 adjournment. The Journal of Monday, January 24,
18 2022, was read and approved. On motion, the
19 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 The Secretary will read.
25 THE SECRETARY: Senator Kaplan
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1 moves to discharge, from the Committee on Codes,
2 Assembly Bill Number 8700 and substitute it for
3 the identical Senate Bill 7759, Third Reading
4 Calendar 133.
5 Senator Gaughran moves to discharge,
6 from the Committee on Labor, Assembly Bill Number
7 8708 and substitute it for the identical Senate
8 Bill 7762, Third Reading Calendar 136.
9 Senator Sanders moves to discharge,
10 from the Committee on Rules, Assembly Bill
11 Number 8720 and substitute it for the identical
12 Senate Bill 7763, Third Reading Calendar 137.
13 Senator Skoufis moves to discharge,
14 from the Committee on Rules, Assembly Bill Number
15 8693 and substitute it for the identical Senate
16 Bill 7665, Third Reading Calendar 139.
17 Senator Harckham moves to discharge,
18 from the Committee on Rules, Assembly Bill
19 Number 8754 and substitute it for the identical
20 Senate Bill 7812, Third Reading Calendar 176.
21 ACTING PRESIDENT BAILEY: So
22 ordered.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
428
1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Gianaris.
5 SENATOR GIANARIS: Mr. President,
6 please take up the reading of the calendar.
7 ACTING PRESIDENT BAILEY: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 133, Assembly Print Number 8700, by
11 Assemblymember Dinowitz, an act to amend the
12 Penal Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the same date and in the
17 same manner as a chapter of the Laws of 2021.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 133, those Senators voting in the
25 negative are Senators Biaggi, Borrello, Brisport,
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1 Gallivan, Griffo, Helming, Lanza, Martucci,
2 Myrie, Oberacker, O'Mara, Ortt, Ritchie, Rivera,
3 Serino and Weik.
4 Ayes, 46. Nays, 16.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 134, Senate Print 7760, by Senator Gianaris, an
9 act to amend the Executive Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the same date and in the
14 same manner as a chapter of the Laws of 2021.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 134, those Senators voting in the
22 negative are Senators Akshar, Borrello, Boyle,
23 Gallivan, Griffo, Helming, Jordan, Lanza,
24 Martucci, Mattera, Oberacker, O'Mara, Ortt,
25 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
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1 Weik.
2 Ayes, 42. Nays, 20.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 136, Assembly Print Number 8708, by
7 Assemblymember Bronson, an act to amend the
8 Workers' Compensation Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
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 136, those Senators voting in the
20 negative are Senators Akshar, Borrello, Boyle,
21 Gallivan, Griffo, Jordan, Martucci, Mattera,
22 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
23 Serino, Stec, Tedisco and Weik.
24 Ayes, 44. Nays, 18.
25 ACTING PRESIDENT BAILEY: The bill
431
1 is passed.
2 THE SECRETARY: Calendar Number
3 137, Assembly Print Number 8720, by
4 Assemblymember Englebright, an act to amend a
5 chapter of the Laws of 2021.
6 ACTING PRESIDENT BAILEY: Read the
7 last 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 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 137, voting in the negative:
18 Senator Akshar.
19 Ayes, 61. Nays, 1.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 138, Senate Print 7764, by Senator Comrie, an act
24 to amend a chapter of the Laws of 2021.
25 ACTING PRESIDENT BAILEY: Read the
432
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the same date and in the
4 same manner as a chapter of the Laws of 2021.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 139, Assembly Print Number 8693, by
15 Assemblymember Bronson, an act to amend the
16 Alcoholic Beverage Control Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Announce
25 the results.
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1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 144, Senate Print 7773, by Senator Ramos, an act
6 to amend the Labor Law and the General Business
7 Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
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: In relation to
18 Calendar 144, those Senators voting in the
19 negative are Senators Akshar, Borrello, Gallivan,
20 Griffo, Rath, Serino, Stec and Tedisco.
21 Ayes, 54. Nays, 8.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 162, Senate Print 7796, by Senator Brooks, an act
434
1 to amend the Penal Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 3. 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: In relation to
13 Calendar 162, those Senators voting in the
14 negative are Senators Akshar, Borrello, Gallivan,
15 Griffo, Helming, Jordan, Lanza, Martucci,
16 Oberacker, O'Mara, Ortt, Rath, Ritchie, Serino,
17 Stec and Tedisco.
18 Ayes, 46. Nays, 16.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 171, Senate Print 7805, by Senator Gianaris, an
23 act to amend the State Administrative Procedure
24 Act.
25 ACTING PRESIDENT BAILEY: Read the
435
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: Ayes, 61. Nays, 1.
10 Senator Helming recorded in the negative.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 173, Senate Print 7807, by Senator Hoylman, an
15 act to amend the Executive Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 62.
436
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 176, Assembly Print Number 8754, by
5 Assemblymember Abinanti, an act to amend the
6 Environmental Conservation 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: In relation to
18 Calendar 176, those Senators voting in the
19 negative are Senators Akshar, Borrello, Gallivan
20 and Serino.
21 Ayes, 58. Nays, 4.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 190, Senate Print 7830, by Senator Kavanagh, an
437
1 act to amend the Private Housing Finance Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 7. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 190, those Senators voting in the
13 negative are Senators Akshar, Borrello, Boyle,
14 Gallivan, Griffo, Helming, Jordan, Lanza,
15 Martucci, Mattera, Oberacker, O'Mara, Ortt,
16 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
17 Weik.
18 Ayes, 42. Nays, 20.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 193, Senate Print 7835, by Senator Rivera, an act
23 to amend the Public Health Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
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1 THE SECRETARY: Section 3. 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: Ayes, 62.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 280, Senate Print 7766, by Senator Parker, an act
13 to amend the Public Service Law.
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: Ayes, 62.
25 ACTING PRESIDENT BAILEY: The bill
439
1 is passed.
2 THE SECRETARY: Calendar Number
3 296, Senate Print 7882, by Senator Gounardes, an
4 act to amend the Civil Practice Law and Rules.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 296, voting in the negative:
16 Senators Akshar and Borrello.
17 Ayes, 60. Nays, 2.
18 ACTING PRESIDENT BAILEY: The bill
19 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 ACTING PRESIDENT BAILEY: There is
25 no further business at the desk.
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1 SENATOR GIANARIS: I move to
2 adjourn until Monday, January 31st, at 3:00 p.m.,
3 intervening days being legislative days.
4 ACTING PRESIDENT BAILEY: On
5 motion, the Senate stands adjourned until Monday,
6 January 31st, at 3:00 p.m., with the intervening
7 days being legislative.
8 (Whereupon, at 11:24 a.m., the
9 Senate adjourned.)
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