Regular Session - May 5, 2022

                                                                   3110

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                     May 5, 2022

11                     11:27 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3111

 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:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, 

16    Wednesday, May 4, 2022, the Senate met pursuant 

17    to adjournment.  The Journal of Tuesday, May 3, 

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 Kavanagh 


                                                               3112

 1    moves to discharge, from the Committee on 

 2    Higher Education, Assembly Bill Number 9279A and 

 3    substitute it for the identical Senate Bill 

 4    5027C, Third Reading Calendar 262.

 5                 ACTING PRESIDENT BAILEY:   So 

 6    ordered.

 7                 THE SECRETARY:   Senator Hinchey 

 8    moves to discharge, from the Committee on Energy 

 9    and Telecommunications, Assembly Bill Number 7696 

10    and substitute it for the identical Senate Bill 

11    7122, Third Reading Calendar 524.

12                 Senator Lanza moves to discharge, 

13    from the Committee on Environmental Conservation, 

14    Assembly Bill Number 9510 and substitute it for 

15    the identical Senate Bill 8357, Third Reading 

16    Calendar 774.

17                 Senator Mattera moves to discharge, 

18    from the Committee on Local Government, Assembly 

19    Bill Number 8254 and substitute it for the 

20    identical Senate Bill 7395, Third Reading 

21    Calendar 780.

22                 Senator Kennedy moves to discharge, 

23    from the Committee on Energy and 

24    Telecommunications, Assembly Bill Number 3768A 

25    and substitute it for the identical Senate Bill 


                                                               3113

 1    8327A, Third Reading Calendar 920.

 2                 And Senator Kaplan moves to 

 3    discharge, from the Committee on Commerce, 

 4    Economic Development and Small Business, Assembly 

 5    Bill Number 8620 and substitute it for the 

 6    identical Senate Bill 7913, Third Reading 

 7    Calendar 926.

 8                 ACTING PRESIDENT BAILEY:   So 

 9    ordered.

10                 Messages from the Governor.

11                 Reports of standing committees.

12                 Reports of select committees.

13                 Communications and reports from 

14    state officers.

15                 Motions and resolutions.

16                 Senator Liu.

17                 SENATOR LIU:   Mr. President, 

18    amendments are offered to the following Third 

19    Reading Calendar bills:  

20                 On page 23, Senate Print 1078A, 

21    Calendar Number 412, by Senator Gounardes.  

22                 ACTING PRESIDENT BAILEY:   The 

23    amendments are received, and the bill will retain 

24    its place on the Third Reading Calendar.  

25                 Senator Liu.


                                                               3114

 1                 SENATOR LIU:   Also, sponsored by 

 2    Senator Rivera, on page 38, Calendar Number 762, 

 3    Senate Print Number 5299.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    amendments are received, and the bill will also 

 6    retain its place on the Third Reading Calendar.

 7                 SENATOR LIU:   And sponsored by 

 8    Senator Mayer, on page 43, Calendar Number 814, 

 9    Senate Print Number 240A.

10                 ACTING PRESIDENT BAILEY:   The 

11    amendments are received, and the bill will retain 

12    its place on the Third Reading Calendar.

13                 SENATOR LIU:   Mr. President, I now 

14    move that these bills retain their place on the 

15    order of third reading.

16                 ACTING PRESIDENT BAILEY:   So 

17    ordered.

18                 Senator Liu.

19                 SENATOR LIU:   Mr. President, I wish 

20    to call up Senator May's bill, Senate Print 

21    Number 954, recalled from the Assembly, which is 

22    now at the desk.

23                 ACTING PRESIDENT BAILEY:   The 

24    Secretary will read.

25                 (Pause.)


                                                               3115

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Liu.  

 3                 SENATOR LIU:   Mr. President, let me 

 4    correct myself.  Previously I said Number 954.  

 5    It's Print Number 554, recalled from the 

 6    Assembly, which is now at the desk.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    584, Senate Print 554, by Senator May, an act to 

11    amend the Elder Law and the Economic Development 

12    Law.

13                 SENATOR LIU:   Mr. President, I now 

14    move to reconsider the vote by which this bill 

15    was passed.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is restored to its place on the Third Reading 

21    Calendar.

22                 SENATOR LIU:   Mr. President, I now 

23    offer the following amendments.

24                 ACTING PRESIDENT BAILEY:   The 

25    amendments are received, and the bill will retain 


                                                               3116

 1    its place on the Third Reading Calendar.

 2                 SENATOR LIU:   Mr. President -- 

 3    Mr. President, I wish to call up a bill by 

 4    Senator Sanders, Print Number 3178, recalled from 

 5    the Assembly, which is now at the desk.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    Secretary will read.

 8                 THE SECRETARY:   Calendar Number 

 9    208, Senate Print 3178, by Senator Sanders, an 

10    act to amend the Social Services Law.

11                 SENATOR LIU:   Mr. President, I now 

12    move to reconsider the vote by which this bill 

13    was passed.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is restored to its place on the Third Reading 

19    Calendar.

20                 SENATOR LIU:   Mr. President, I now 

21    offer the following amendments.

22                 ACTING PRESIDENT BAILEY:   The 

23    amendments are received, and the bill will retain 

24    its place on the Third Reading Calendar.

25                 SENATOR LIU:   I wish to call up a 


                                                               3117

 1    bill by Senator Comrie, Print Number 3150, 

 2    recalled from the Assembly, which is now at the 

 3    desk.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    Secretary will read.

 6                 THE SECRETARY:   Calendar Number 

 7    238, Senate Print 3150, by Senator Comrie, an act 

 8    to amend the Vehicle and Traffic Law.

 9                 SENATOR LIU:   Mr. President, I now 

10    move to reconsider the vote by which the bill was 

11    passed.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is restored to its place on the Third Reading 

17    Calendar.

18                 SENATOR LIU:   Mr. President, I now 

19    offer the following amendments.

20                 ACTING PRESIDENT BAILEY:   The 

21    amendments are received, and the bill will retain 

22    its place on the Third Reading Calendar.

23                 SENATOR LIU:   Mr. President, I wish 

24    to call up a bill by Senator Kennedy, Print  

25    Number 3468A, recalled from the Assembly, which 


                                                               3118

 1    is now at the desk.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    Secretary will read.

 4                 THE SECRETARY:   Calendar Number 

 5    259, Senate Print 3468A, by Senator Kennedy, an 

 6    act to amend the Executive Law.

 7                 SENATOR LIU:   Mr. President, I now 

 8    move to reconsider the vote by which this bill 

 9    was passed.  

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is restored to its place on the Third Reading 

15    Calendar.

16                 SENATOR LIU:   Mr. President, I now 

17    offer the following amendments.

18                 ACTING PRESIDENT BAILEY:   The 

19    amendments are received, and the bill will retain 

20    its place on Third Reading Calendar.

21                 SENATOR LIU:   Mr. President, I wish 

22    to call up Senator Krueger's bill, Senate Print 

23    Number 7278B, which is now at the desk.

24                 ACTING PRESIDENT BAILEY:   The 

25    Secretary will read.


                                                               3119

 1                 THE SECRETARY:   Calendar Number 

 2    451, Senate Print 7278B, by Senator Krueger, an 

 3    act to amend the Real Property Law.

 4                 SENATOR LIU:   Mr. President, I now 

 5    move to reconsider the vote by which this bill 

 6    was passed and ask that the bill be restored to 

 7    the order of third reading.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 62.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is restored to its place on the Third Reading 

16    Calendar.

17                 SENATOR LIU:   Mr. President, I now 

18    move to discharge, from the Committee on 

19    Judiciary, Assembly Print Number 8185B and 

20    substitute it for this identical bill.  

21                 The Senate bill on first passage was 

22    voted unanimously.  I now move that the 

23    substituted Assembly bill have its third reading 

24    at this time.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               3120

 1    Secretary will read.

 2                 THE SECRETARY:   Calendar Number 

 3    451, Assembly Print Number 8185B, by 

 4    Assemblymember Rozic, an act to amend the 

 5    Real Property Law.

 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:   Ayes, 62.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is restored to its place on the Third Reading 

14    Calendar.  The bill is passed.

15                 Senator Liu.

16                 SENATOR LIU:   Mr. President, please 

17    call on Senator Persaud for an introduction.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Persaud for the purposes of an introduction.

20                 SENATOR PERSAUD:   Thank you, 

21    Mr. President.

22                 Mr. President and my colleagues, it 

23    gives me great pleasure, as a member of the 

24    world's largest volunteer organization, the Lions 

25    group, to introduce to you today and to welcome 


                                                               3121

 1    to our chamber Lions Club International President 

 2    Douglas Alexander.  

 3                 First I'll tell you about us as 

 4    Lions.  Our motto is "We Serve."  When caring 

 5    people join together, we roll up our sleeves and 

 6    we take action to make our communities better, 

 7    and that's what we are.

 8                 The benefits of being a Lion:  When 

 9    you become a Lion, you become a part of a global 

10    network of volunteers working together to make a 

11    difference.  And what do you do?  You join a 

12    community of good.  There are 40,000 Lions Clubs 

13    around the world, and each is filled with people 

14    who have decided to take action and serve others.

15                 And we have a number of global 

16    causes, but amongst them are diabetes, 

17    environment, hunger, vision and childhood cancer.  

18    We're also known because we received a charge 

19    from Helen Keller to be Knights of the Blind.

20                 So, Mr. President, Lion Doug 

21    Alexander, or as we say, Lion Doug -- but 

22    officially, Lion Douglas X. Alexander -- is a 

23    family man.  He comes from a very large family, 

24    and Lionism is about being a global family and 

25    one in which the only requirement is pure and 


                                                               3122

 1    simple:  A heart for service.  These are the 

 2    feelings of our 105th International President, 

 3    Lion Douglas X. Alexander.  

 4                 Lion Alexander is from Brooklyn.  As 

 5    we all know, Brooklyn is everywhere.  He has been 

 6    serving as the International President since 

 7    2021.  He was nominated and confirmed at the 

 8    convention on June 25th through June 29th, 2021.

 9                 President Alexander is a retired 

10    vice president from JPMorgan Chase Bank.  He's a 

11    member of the Brooklyn Bedford Stuyvesant Lions 

12    Club.  He's been a member since 1984.  He has 

13    held many offices within the association -- and 

14    I'm going to name them for you, because many of 

15    us wish that we can become -- go through all of 

16    these levels in Lionism because, again, our motto 

17    is "We Serve."

18                 Lion Doug has been club president, 

19    zone chair, region chair, vice district governor, 

20    district governor, cabinet secretary, cabinet 

21    treasurer, and district governor elect group 

22    leader.

23                 He's also served as a Lions Eye Bank 

24    transporter, a member of the District and 

25    Multiple District Past District Governors 


                                                               3123

 1    Association, and a trustee of the New York State 

 2    and Bermuda Lions Foundation, and was appointed 

 3    as a Lions representative to UNICEF-New York from 

 4    2012 to 2014.  He has served on the USA/Canada 

 5    Lions Leadership Forum Planning and Host 

 6    Committees and has been a presenter at several 

 7    USA/Canada Forums.

 8                 In recognition of his service to the 

 9    association he has received numerous awards, many 

10    of them too numerous for us to mention, but they 

11    are high awards within Lionism.  He has been a 

12    Dr. Franklin G. Mason Fellow, a W.P. Woods 

13    Fellow, and a Progressive Melvin Jones Fellow.  

14    We all aspire, as Lions, to receive all of those 

15    fellowships.  

16                 In addition to his Lions activities, 

17    President Alexander is active in numerous 

18    professional and community organizations.  He has 

19    served as chairperson of the advisory board for 

20    the New York Urban League and as a board member 

21    of the St. Francis de Sales School for the Deaf.  

22    He is also a recipient of the Congressional 

23    Record Award.  

24                 President Alexander has two 

25    daughters, and his partner in service is 


                                                               3124

 1    Shabiki Cazabon, who is also a Lion and a 

 2    Progressive Melvin Jones Fellow.

 3                 Mr. President, in Lion Douglas 

 4    Alexander's term, his motto -- every club has a 

 5    motto, every president has a motto, every 

 6    governor has a motto.  And his theme for his 

 7    Lionistic term is "Service from the Heart."  

 8                 We serve with love and compassion in 

 9    communities around the world.  The selfless 

10    giving of our time and effort is precisely what 

11    makes Lions special.  When we give, we expect 

12    nothing in return -- yet we gain so much.  Our 

13    service offers hope and connection in the face of 

14    great need and also extends an invitation to the 

15    world to join us.  We embrace the joy that comes 

16    with "Service from the Heart."

17                 Mr. President, please welcome Lion 

18    Douglas X. Alexander, Lions Club International 

19    President, and accord him all the cordialities of 

20    the house.

21                 Thank you.  

22                 ACTING PRESIDENT BAILEY:   Thank 

23    you, Senator Persaud.

24                 To our guest, I welcome you on 

25    behalf of the Senate.  And indeed, Brooklyn is in 


                                                               3125

 1    the house!  We extend to you all of the 

 2    privileges and courtesies of this house.  

 3                 Please rise and be recognized.

 4                 (Standing ovation.)

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Liu.

 7                 SENATOR LIU:   Mr. President, please 

 8    take up the reading of the calendar.

 9                 ACTING PRESIDENT BAILEY:   The 

10    Secretary will read.

11                 THE SECRETARY:   Calendar Number 

12    262, Assembly Print Number 9279A, by 

13    Assemblymember Englebright, an act to amend the 

14    Environmental Conservation Law.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Rath to explain his vote.

24                 SENATOR RATH:   Mr. President, I 

25    rise to explain my vote.


                                                               3126

 1                 To start, I'm going to quote Yogi 

 2    Berra:  It is deja vu all over again.  Last week 

 3    I stood here and addressed numerous concerns and 

 4    points as to why this bill is problematic, not 

 5    only for businesses but, as well, for consumers 

 6    across New York State.  

 7                 I am disappointed but not surprised 

 8    to see that none of those concerns were addressed 

 9    in this amended bill today.  Neither the original 

10    print nor the A, B or C prints addresses the fact 

11    that this bill will increase costs for consumers 

12    to renovate their homes in New York.

13                 During a period of skyrocketing 

14    inflation, this bill will only exacerbate prices 

15    for residents in the State of New York.  New 

16    Yorkers at the lower end of the earning spectrum 

17    will undoubtedly be hit the hardest.  Instead, 

18    savvy buyers in New York will turn to alternative 

19    flooring -- ironically, leaving the proposed 

20    collection system to be supported by fewer and 

21    fewer consumers.

22                 For these reasons and many more I 

23    will skip for the sake of brevity, I will be 

24    voting in the negative and I urge all of my 

25    colleagues to do the same.


                                                               3127

 1                 Thank you, Madam President.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Rath to be recorded in the negative.

 4                 Announce the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 262, those Senators voting in the 

 7    negative are Senators Akshar, Borrello, Cooney, 

 8    Felder, Griffo, Helming, Lanza, Oberacker, Rath, 

 9    Ritchie, Stec, Tedisco and Weik.  Also 

10    Senator Serino.  Also Senator Boyle.

11                 Ayes, 47.  Nays, 15.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    524, Assembly Print Number 7696, by 

16    Assemblymember Barrett, an act to amend the 

17    Public Authorities 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:   Senator 


                                                               3128

 1    Borrello to explain his vote.

 2                 SENATOR BORRELLO:   Thank you, 

 3    Madam President.

 4                 I rise to speak on the Hinchey bill.  

 5    I want to thank the sponsor, the chairman of the 

 6    Ag Committee, as well for this bill.

 7                 I will be honest with you:  I 

 8    struggled a little bit with this bill because it 

 9    is, in the essence, telling farmers what they can 

10    and cannot do with their land.  But not really, 

11    actually, because if a farmer feels that they 

12    would like to bring renewable energy onto their 

13    land, they may do so.  It just won't be with this 

14    bill-ready program here in New York State.  

15                 And I think that's appropriate, 

16    because quite frankly New York State is filled 

17    with brownfields, with closed landfill cells and 

18    even fallow farmland that hasn't been productive 

19    in years.  If we're going to do this 

20    irresponsible blanketing of our land with 

21    renewables, we should at least do it in places 

22    that are not going to be used for anything else, 

23    like closed landfills and former toxic waste 

24    dumps.  

25                 The reality is right now we have a 


                                                               3129

 1    whole lot of charlatans and con artists that have 

 2    come from all over the world to try and blanket 

 3    us with solar panels in particular, in order to 

 4    make a quick buck courtesy of the taxpayers.  

 5    Because you see, folks, Wall Street figured out a 

 6    long time ago this is guaranteed return.  You 

 7    will not lose, thanks to the taxpayers of 

 8    New York State.  You will make a profit, 

 9    guaranteed.  

10                 And that's exactly what's going on.  

11    This is nothing more than an investment scam.  

12    And in New York we are losing productive farmland 

13    at a dramatic rate.  We are losing our ability to 

14    feed ourselves.  And quite frankly, there are a 

15    lot of farmers that are only growing wind 

16    turbines and solar panels and not the food that 

17    we need to sustain ourselves and to ensure that 

18    our food supply chain is strong here in New York 

19    State.  

20                 So I am certainly in favor of 

21    anyone's right to do what they wish with their 

22    land, but not with a subsidy that is encouraging 

23    the loss of productive farmland at an alarming 

24    rate.  

25                 So Madam President, I vote aye.  


                                                               3130

 1    Thank you.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Borrello to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 524, those Senators voting in the 

 7    negative are Senators Akshar, Boyle, Gallivan, 

 8    Griffo, Martucci, Mattera, Oberacker, Ortt, 

 9    Palumbo, Rath, Ritchie, Stec, Weik.  Also 

10    Senator O'Mara.  Also Senator Serino.  

11                 Ayes, 47.  Nays, 15.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    774, Assembly Print Number 9510, by 

16    Assemblymember Cusick, an act to amend 

17    Chapter 306 of the Laws of 2011.

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 


                                                               3131

 1    the results.

 2                 THE SECRETARY:   Ayes, 62.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    780, Assembly Print Number 8254, by 

 7    Assemblymember Fitzpatrick, an act in relation to 

 8    authorizing the assessor of the Town of 

 9    Smithtown, County of Suffolk, to accept from the 

10    New Horizons Counseling Center an application for 

11    exemption from real property taxes.

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:   In relation to 

22    Calendar Number 780, voting in the negative:  

23    Senators Akshar and O'Mara.

24                 Ayes, 60.  Nays, 2.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3132

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    782, Senate Print 8497, by Senator Kaminsky, an 

 4    act to amend the Real Property Tax Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 4.  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, 62.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    808, Senate Print 286A, by Senator Myrie, an act 

19    to amend the Election Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3133

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 808, those Senators voting in the 

 6    negative are Senators Akshar, Borrello, Gallivan, 

 7    Griffo, Helming, Jordan, Lanza, Martucci, 

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

 9    Ritchie, Serino, Stec, Tedisco and Weik.

10                 Ayes, 43.  Nays, 19.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    831, Senate Print 3345, by Senator Felder, an act 

15    to amend the Education Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect on the first of September.  

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.


                                                               3134

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    879, Senate Print 5355A, by Senator Breslin, an 

 5    act to amend the Education Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 4.  This 

 9    act shall take effect two years after it shall 

10    have become a law.

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.  I lost my place, I apologize.  

18    Which bill are we on?  Anybody?  Anybody?

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Breslin.

21                 SENATOR BORRELLO:   Oh, thank you 

22    very much.

23                 I rise -- I'm in favor of this bill, 

24    Madam President, but I have a concern, and that 

25    concern is we're creating another licensing here 


                                                               3135

 1    in New York State.  

 2                 Anyone who has had issues trying to 

 3    get a new member of healthcare -- a surgeon, a 

 4    doctor, a nurse -- to move from another state 

 5    into New York State has probably experienced the 

 6    tremendous bottleneck we have in our licensing 

 7    here in New York State.  

 8                 I've spoken with the folks over 

 9    there at SED, and they've told me that they are 

10    understaffed and overworked and that's why we 

11    have such a tremendous backlog.  

12                 And it takes, in some cases, months 

13    if not years to get someone, a life-saving person 

14    like a doctor, a surgeon -- who wants to actually 

15    practice in rural parts of New York -- approved, 

16    even though they have experience in other 

17    states -- for many years, in many cases -- 

18    conducting surgery.  But because it was another 

19    state, we have a very lengthy process here in 

20    New York.  

21                 And so now we're adding one more 

22    onto the pile, one more thing that we're going to 

23    license.  

24                 And I'm told also by some of the 

25    folks at SED that we license a lot of unnecessary 


                                                               3136

 1    things here in New York State, a lot of 

 2    professions that quite frankly don't need to be 

 3    licensed.  And that has further exacerbated the 

 4    backlog.  

 5                 So while I'm in favor of this, I am 

 6    very concerned about the concerns that have been 

 7    expressed to me by those folks who are in charge 

 8    of licensing new professionals here in New York 

 9    State.  So I'm a reluctant aye on this one.  

10                 Thank you.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Borrello to be recorded in the affirmative.

13                 Announce the results.

14                 THE SECRETARY:   Ayes, 62.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    895, Senate Print 3049, by Senator Rivera, an act 

19    to amend the Civil Practice Law and Rules.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3137

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 895, those Senators voting in the 

 6    negative are Senators Akshar, Griffo, Helming, 

 7    Jordan, Lanza, Martucci, Oberacker, Ortt, 

 8    Palumbo, Rath, Stec and Tedisco.

 9                 Ayes, 50.  Nays, 12.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    907, Senate Print 3959A, by Senator Kennedy, an 

14    act to amend the Public Authorities Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 9.  This 

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

19    shall have become a law.

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.


                                                               3138

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    919, Senate Print 8204A, by Senator Mannion, an 

 5    act to amend the Canal Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  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, 62.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    920, Assembly Print Number 3768A, by 

20    Assemblymember Cusick, an act to amend the 

21    Public Service Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               3139

 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:   Ayes, 62.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    924, Senate Print 556, by Senator May, an act to 

11    amend the Alcoholic Beverage Control Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  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:   Senator 

21    May to explain her vote.

22                 SENATOR MAY:   Thank you, 

23    Madam President.

24                 New York is home to some of the 

25    greatest apple-growing concerns anywhere in the 


                                                               3140

 1    world.  My district is home to Beak & Skiff 

 2    Orchards, which was founded in 1911, and they 

 3    took that fact and turned it into the 

 4    1911 Established cider concern that they have 

 5    that produces some of the best hard cider that 

 6    you can get here in New York State.  

 7                 There are other cideries in my 

 8    district as well, and across the state we make 

 9    some of the best hard cider anywhere.

10                 This bill would allow cider shipment 

11    within the state and direct to consumers and also 

12    interstate cider shipment, putting cider on a par 

13    with wine in New York State and enabling the 

14    development of this really important industry.

15                 So we've passed this twice before.  

16    I hope the third time is the charm and this time 

17    it will actually get to the Governor's desk.  

18                 I am proud to vote aye.  Thank you.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    May to be recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   Ayes, 62.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3141

 1    926, Assembly Print Number 8620, by 

 2    Assemblymember Barrett, an act to amend the 

 3    Alcoholic Beverage Control Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  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:   In relation to 

14    Calendar Number 926, voting in the negative:  

15    Senator Ramos.  

16                 Ayes, 61.  Nays, 1.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    941, Senate Print 7609, by Senator Kaminsky, an 

21    act authorizing the Chabad of Oceanside, Inc., to 

22    receive retroactive real property tax exempt 

23    status.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               3142

 1                 THE SECRETARY:   Section 2.  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 941, voting in the negative:   

10    Senators Akshar and O'Mara.

11                 Ayes, 60.  Nays, 2. 

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    944, Senate Print 8247, by Senator Thomas, an act 

16    in relation to authorizing the County of Nassau 

17    assessor to accept an application for a 

18    retroactive real property tax exemption.

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.)


                                                               3143

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 944, voting in the negative:  

 5    Senators Akshar and O'Mara.

 6                 Ayes, 60.  Nays, 2.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    945, Senate Print 8248, by Senator Thomas, an act 

11    in relation to authorizing the County of Nassau 

12    assessor to accept an application for a 

13    retroactive real property tax exemption.

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:   In relation to 

24    Calendar Number 945, voting in the negative:  

25    Senators Akshar and O'Mara.


                                                               3144

 1                 Ayes, 60.  Nays, 2.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    949, Senate Print 8717, by Senator Gaughran, an 

 6    act to amend Chapter 308 of the Laws of 2012.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  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, 62.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    950, Senate Print 8718, by Senator Gaughran, an 

21    act to amend Chapter 122 of the Laws of 2015.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               3145

 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:   Ayes, 62.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    970, Senate Print 1273A, by Senator Brooks, an 

11    act to amend the Mental Hygiene Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect on the 120th 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:   Ayes, 62.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 Senator Liu, that completes the 


                                                               3146

 1    reading of today's calendar.

 2                 SENATOR LIU:   Madam President, is 

 3    there any further business at the desk?

 4                 ACTING PRESIDENT PERSAUD:   There is 

 5    no further business at the desk.

 6                 SENATOR LIU:   Then, Madam 

 7    President, I move to adjourn until Monday, 

 8    May 9th, at 3:00 p.m., intervening days being 

 9    legislative days.

10                 ACTING PRESIDENT PERSAUD:   On 

11    motion, the Senate stands adjourned until Monday, 

12    May 9th, at 3:00 p.m., intervening days being 

13    legislative days.

14                 (Whereupon, at 11:57 a.m., the 

15    Senate adjourned.)

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