Regular Session - February 17, 2022

                                                                   887

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 17, 2022

11                      9:04 a.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  


                                                               888

 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, 

16    Wednesday, February 16, 2022, the Senate met 

17    pursuant to adjournment.  The Journal of Tuesday, 

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

19    motion, the 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                 Messages from the Governor.

25                 Reports of standing committees.


                                                               889

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Madam President, 

 7    please take up Resolution 1803, by 

 8    Senator Sepúlveda, read that resolution's title, 

 9    and recognize Senator Sepúlveda.

10                 ACTING PRESIDENT PERSAUD:   The 

11    Secretary will read.

12                 THE SECRETARY:   Senate Resolution 

13    1803, by Senator Sepúlveda, commemorating the 

14    178th Anniversary of the Independence of the 

15    Dominican Republic, to be celebrated on 

16    February 27, 2022.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Sepúlveda on the resolution.

19                 SENATOR SEPÚLVEDA:   Good morning, 

20    everyone.  And thank you for giving me the 

21    opportunity to speak on this important 

22    resolution.

23                 So the Dominican Republic is home to 

24    more than 100,000 U.S. citizens.  The 

25    relationship of respect, brotherhood, and 


                                                               890

 1    solidarity between our two nations grows stronger 

 2    every day.  I share with you the words written on 

 3    the Dominican National Coat of Arms:  Dios, 

 4    Patria y Libertad.  God, Homeland and Liberty.  

 5    These words and many other things unite all of 

 6    us.  

 7                 In my district I have a great 

 8    Dominican community that I'm honored to serve.  

 9    They come from areas like Punta Cana to Dajabon, 

10    from El Cibao to El Sur Profundo.  Dominicans are 

11    free and sovereign, especially in the Bronx.

12                 The Dominican Republic celebrates 

13    its independence and sovereignty every 27th day 

14    of February.  This year we gather to celebrate 

15    the 178th anniversary of their independence.  

16                 I would like to invite all of you to 

17    celebrate this date with Dominicans around the 

18    world.  And New York has the largest 

19    Dominican community living outside of the 

20    Dominican Republic.  

21                 From 1613 to today, Dominicans 

22    continue to be an important part of our nation, 

23    of our state, and certainly of the area that I 

24    represent in the New York State Senate.  They're 

25    hardworking, they are successful, they're good 


                                                               891

 1    neighbors and better brothers and sisters.  

 2                 The Dominican heart beats stronger 

 3    than ever.  Thank you to the great State of 

 4    New York, this body, and my colleagues for 

 5    recognizing this important date and extending 

 6    greetings and affection to the great 

 7    Dominican people with this resolution.  

 8                 Y Quisiera decir estas palabras en 

 9    español:  A los valientes Quisqueyanos, desde 

10    Punta Cana a Dajabón, desde El Cibao hasta el 

11    Sur Profundo, los dominicanos y dominicanas son 

12    libres y soberanos, que dios bendiga al Pueblo 

13    Dominicano y que Dios bendiga al gran estado de 

14    Nueva York.  

15                 Thank you.  Muchas gracias.

16                 ACTING PRESIDENT PERSAUD:   Are 

17    there any other Senators wishing to be heard on 

18    the resolution?

19                 The resolution was previously 

20    adopted on February 8th.  

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Madam President, 

23    at the request of Senator Sepúlveda, that 

24    resolution is open for cosponsorship.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               892

 1    resolution is open for cosponsorship.  Should you 

 2    choose not to be a cosponsor of this resolution, 

 3    please notify the desk.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Let's take up 

 6    the reading of the calendar, please.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Calendar Number 79, 

10    Senate Print 2138, by Senator Ramos, an act to 

11    amend the Workers' Compensation Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

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

16    shall have become a law.

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:   In relation to 

23    Calendar Number 79, those Senators voting in the 

24    negative are Senators Lanza and Ortt.

25                 Ayes, 50.  Nays, 2.


                                                               893

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    106, Senate Print 4784A, by Senator Mayer, an act 

 5    to amend the Real Property 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:   Ayes, 52.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    107, Senate Print 5377, by Senator Cooney, an act 

20    to amend the Real Property Actions and 

21    Proceedings Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 9.  This 

25    act shall take effect immediately.


                                                               894

 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 Number 107, voting in the negative:  

 8    Senator Felder.

 9                 Ayes, 51.  Nays, 1.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    269, Senate Print 238, by Senator Thomas, an act 

14    to amend the Social Services Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 3.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 52.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               895

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    278, Senate Print 3330, by Senator Rivera, an act 

 4    to amend the Education Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect on the 180th 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 Number 278, voting in the negative:  

17    Senator Griffo.

18                 Ayes, 51.  Nays, 1.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    296, Senate Print 7882A, by Senator Gounardes, an 

23    act to amend the Civil Practice Law and Rules.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               896

 1                 THE SECRETARY:   Section 3.  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:   In relation to 

 9    Calendar Number 296, voting in the negative:  

10    Senator Akshar.

11                 Ayes, 51.  Nays, 1.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    312, Senate Print 1646, by Senator Skoufis, an 

16    act to amend the General Municipal Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               897

 1                 THE SECRETARY:   Ayes, 52.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    340, Senate Print 6488, by Senator Kavanagh, an 

 6    act to amend the Private Housing Finance Law.

 7                 SENATOR GIANARIS:   Lay it aside for 

 8    the day, please.  

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    will be laid aside for the day.

11                 THE SECRETARY:   Calendar Number 

12    352, Senate Print 952, by Senator Gaughran, an 

13    act to amend the Volunteer Firefighters' 

14    Benefit Law and the Volunteer Ambulance Workers' 

15    Benefit Law.

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, 52.


                                                               898

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    462, Senate Print Number 3985, by 

 5    Senator Reichlin-Melnick, an act to amend the 

 6    General Business 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:   Senator 

15    Borrello to explain his vote.

16                 SENATOR BORRELLO:   Thank you, 

17    Madam Chair.  

18                 I want to start off by thanking the 

19    sponsor for this bill.  

20                 You know, we often try to limit what 

21    businesses can do, but really what we really 

22    should be doing is just doing the bare minimum to 

23    ensure that they are not engaging in deceptive 

24    practices.  And I think this bill addresses that 

25    with the rental car fees.


                                                               899

 1                 I spent nearly 20 years on the road, 

 2    more than 50 percent of my time traveling.  And I 

 3    can tell you, when dealing with rental car 

 4    companies, there are a number of, in my opinion, 

 5    price gouging and deceptive practices that go on.  

 6    This is probably one of the most egregious.  

 7                 I realize that, look, if I make the 

 8    mistake of showing up at the airport and haven't 

 9    refilled my tank with gas, that I should pay a 

10    price for that, that there is a cost to that for 

11    them.  

12                 But once you enter that airport, 

13    it's very difficult to turn around and go out, 

14    especially if you're going to catch a flight, and 

15    they know that.  So they've set these excessive 

16    fees in place.

17                 Also, if you rent at a local 

18    location, they don't want you even to refill the 

19    tank.  Because often I would rent a car locally, 

20    and it would have a quarter tank of gas or a half 

21    a tank of gas.  Even though they charged that 

22    previous renter the full rate plus the penalty, 

23    they gave it to me and said, Well, just bring it 

24    back with the same amount of gas in it.

25                 That, to me, is price gouging and 


                                                               900

 1    deceptive practices, and we should limit that.  

 2                 And that's what this bill does, and 

 3    I proudly vote aye.  Thank you.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Borrello to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 52.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 Senator Gianaris, that completes the 

11    reading of today's calendar.

12                 SENATOR GIANARIS:   Is there any 

13    further business at the desk?

14                 ACTING PRESIDENT PERSAUD:   There is 

15    no further business at the desk.

16                 SENATOR GIANARIS:   I move to 

17    adjourn until Monday, February 28th, at 

18    3:00 p.m., intervening days being legislative 

19    days.

20                 ACTING PRESIDENT PERSAUD:   On 

21    motion, the Senate stands adjourned until Monday, 

22    February 28th, at 3:00 p.m., with intervening 

23    days being legislative days.

24                 (Whereupon, at 9:14 a.m., the Senate 

25    adjourned.)