Regular Session - May 9, 2022
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
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8
9 ALBANY, NEW YORK
10 May 9, 2022
11 3:17 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
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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, Sunday,
16 May 8, 2022, the Senate met pursuant to
17 adjournment. The Journal of Saturday, May 7,
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
2 Transportation, Assembly Bill Number 3593E and
3 substitute it for the identical Senate Bill 7554,
4 Third Reading Calendar 241.
5 ACTING PRESIDENT BAILEY: So
6 ordered.
7 THE SECRETARY: Senator Borrello
8 moves to discharge, from the Committee on
9 Finance, Assembly Bill Number 5338 and substitute
10 it for the identical Senate Bill 1753, Third
11 Reading Calendar 997.
12 ACTING PRESIDENT BAILEY: So
13 ordered.
14 Messages from the Governor.
15 Reports of standing committees.
16 Reports of select committees.
17 Communications and reports from
18 state officers.
19 Motions and resolutions.
20 Senator Gianaris.
21 SENATOR GIANARIS: Mr. President,
22 before I turn to motions and resolutions, let me
23 just thank my colleagues for their well wishes
24 over the last couple of weeks, and particularly
25 Senators Kennedy and Liu for filling in while I
3159
1 was out of commission.
2 So it is good to be back. And with
3 that, I have many motions for you.
4 Amendments are offered to the
5 following Third Reading Calendar bills:
6 By Senator Gaughran, page 6,
7 Calendar Number 89, Senate Print 978;
8 Senator Reichlin-Melnick, page 7,
9 Calendar Number 116, Senate Print 3966A;
10 Senator Skoufis, page 10, Calendar
11 Number 338, Senate Print 6199A;
12 Senator Savino, page 17, Calendar
13 Number 542, Senate Print 8182;
14 Senator Harckham, page 17, Calendar
15 Number 550, Senate Print 8057;
16 Senator Kaplan, page 29, Calendar
17 Number 781, Senate Print 8022;
18 Senator Hoylman, page 39, Calendar
19 Number 897, Senate Print 5746A;
20 Senator Sanders, page 41, Calendar
21 Number 927, Senate Print 7535;
22 Senator Kavanagh, page 52, Calendar
23 Number 1033, Senate Print 8793;
24 Senator Bailey, page 20, Calendar
25 Number 599, Senate Print 3390;
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1 Senator Cooney, page 55, Calendar
2 Number 1067, Senate Print 8681;
3 Senator Ramos, page 32, Calendar
4 Number 822, Calendar Number 7859;
5 And Senator Addabbo, page 40,
6 Calendar Number 906, Senate Print 3834.
7 ACTING PRESIDENT BAILEY: Those
8 amendments have all been received, and those
9 bills will retain their place on the Third
10 Reading Calendar.
11 Senator Gianaris.
12 SENATOR GIANARIS: On behalf of
13 Senator Kaplan, I wish to call up Senate Print
14 23A, recalled from the Assembly, which is now at
15 the desk.
16 ACTING PRESIDENT BAILEY: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 123, Senate Print 23A, by Senator Kaplan, an act
20 to amend the State Finance Law and the Labor Law.
21 SENATOR GIANARIS: I move to
22 reconsider the vote by which the bill was passed.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3161
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BAILEY: The bill
3 is restored to its place on the Third Reading
4 Calendar.
5 SENATOR GIANARIS: I offer the
6 following amendments.
7 ACTING PRESIDENT BAILEY: The
8 amendments are received, and the bill will retain
9 its place on the Third Reading Calendar.
10 SENATOR GIANARIS: On behalf of
11 Senator Gaughran, I wish to call up Senate 7610,
12 recalled from the Assembly, which is now at the
13 desk.
14 ACTING PRESIDENT BAILEY: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 483, Senate Print 7610A, by Senator Gaughran, an
18 act in relation to permitting India Pentecostal
19 Assembly, Inc., to file an application for a real
20 property tax exemption.
21 SENATOR GIANARIS: Move to
22 reconsider the vote by which the bill was passed.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3162
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BAILEY: The bill
3 is restored to its place on the Third Reading
4 Calendar.
5 SENATOR GIANARIS: I offer the
6 following amendments.
7 ACTING PRESIDENT BAILEY: The
8 amendments are received, and the bill will retain
9 its place on the Third Reading Calendar.
10 SENATOR GIANARIS: On behalf of
11 Senator Brooks, I wish to call up Senate 7864,
12 recalled from the Assembly, which is now at the
13 desk.
14 ACTING PRESIDENT BAILEY: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 485, Senate Print 7864, by Senator Brooks, an act
18 to amend the General Municipal Law and the
19 Public Authorities Law.
20 SENATOR GIANARIS: Move to
21 reconsider the vote by which the bill was passed.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61.
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1 ACTING PRESIDENT BAILEY: The bill
2 is restored to its place on the Third Reading
3 Calendar.
4 SENATOR GIANARIS: I offer the
5 following amendments.
6 ACTING PRESIDENT BAILEY: The
7 amendments are received, and the bill will retain
8 its place on the Third Reading Calendar.
9 SENATOR GIANARIS: On behalf of
10 Senator Gaughran, I wish to call up Senate 968,
11 recalled from the Assembly, which is now at the
12 desk.
13 ACTING PRESIDENT BAILEY: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 520, Senate Print 968, by Senator Gaughran, an
17 act to amend the Public Authorities Law.
18 SENATOR GIANARIS: Move to
19 reconsider the vote by which the bill was passed.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT BAILEY: The bill
25 is restored to its place on the Third Reading
3164
1 Calendar.
2 SENATOR GIANARIS: I offer the
3 following amendments.
4 ACTING PRESIDENT BAILEY: The
5 amendments are received, and the bill will retain
6 its place on the Third Reading Calendar.
7 SENATOR GIANARIS: Also from
8 Senator Gaughran, I wish to call up Senate 5237B,
9 recalled from the Assembly, which is now at the
10 desk.
11 ACTING PRESIDENT BAILEY: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 713, Senate Print 5237B, by Senator Gaughran, an
15 act to amend the Public Authorities Law.
16 SENATOR GIANARIS: Move to
17 reconsider the vote by which the bill was passed.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT BAILEY: The bill
23 is restored to its place on the Third Reading
24 Calendar.
25 SENATOR GIANARIS: I offer the
3165
1 following amendments.
2 ACTING PRESIDENT BAILEY: The
3 amendments are received, and the bill will retain
4 its place on the Third Reading Calendar.
5 SENATOR GIANARIS: Please recognize
6 Senator Lanza.
7 ACTING PRESIDENT BAILEY: Senator
8 Lanza.
9 SENATOR LANZA: Mr. President, on
10 behalf of Senator Stec, I wish to call up Bill
11 Print Number 5333, recalled from the Assembly,
12 which is now at the desk.
13 ACTING PRESIDENT BAILEY: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 575, Senate Print 5333, by Senator Stec,
17 Concurrent Resolution of the Senate and Assembly
18 proposing an amendment to Section 1 of Article 14
19 of the Constitution.
20 SENATOR LANZA: I now move to
21 reconsider the vote by which this bill was
22 passed.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3166
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BAILEY: The bill
3 is restored to its place on the Third Reading
4 Calendar.
5 SENATOR LANZA: Mr. President, I
6 now offer the following amendments.
7 ACTING PRESIDENT BAILEY: The
8 amendments are received, and the bill will retain
9 its place on the Third Reading Calendar.
10 SENATOR LANZA: Mr. President, on
11 behalf of Senator Weik, on page number 50 I offer
12 the following amendments to Calendar Number 1016,
13 Senate Print 8750, and ask that said bill retain
14 its place on Third Reading Calendar.
15 ACTING PRESIDENT BAILEY: The
16 amendments are received, and the bill will retain
17 its place on the Third Reading Calendar.
18 SENATOR LANZA: Perfect, thank you.
19 ACTING PRESIDENT BAILEY: Senator
20 Gianaris.
21 SENATOR GIANARIS: Let's take up
22 the reading of the calendar now, please.
23 ACTING PRESIDENT BAILEY: The
24 Secretary will read.
25 (Off the record.)
3167
1 THE SECRETARY: Calendar Number
2 116, Senate Print Number 3966A, by
3 Senator Reichlin-Melnick, an act to amend the
4 Public Authorities Law and the Social Services
5 Law.
6 SENATOR GIANARIS: Lay it aside for
7 the day.
8 ACTING PRESIDENT BAILEY: The bill
9 will be laid aside for the day.
10 THE SECRETARY: Calendar Number
11 208, Senate Print 3178A, by Senator Sanders, an
12 act to amend the Social Services Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 90th day after it
17 shall have become a law.
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: Ayes, 61.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3168
1 THE SECRETARY: Calendar Number
2 239, Senate Print 3823, by Senator Griffo, an act
3 to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
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, 61.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 241, Assembly Print Number 3593E, by
18 Assemblymember Solages, an act to amend the
19 Vehicle and Traffic Law.
20 ACTING PRESIDENT BAILEY: There is
21 a home-rule message at the desk.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BAILEY: Call the
3169
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BAILEY: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 241, voting in the negative:
7 Senators Skoufis and Palumbo.
8 Ayes, 59. Nays, 2.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 254, Senate Print 774B, by Senator Hoylman, an
13 act to amend the Executive Law.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 120th day after it
18 shall have become a law.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Senator
23 Hoylman to explain his vote.
24 SENATOR HOYLMAN: Thank you,
25 Mr. President.
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1 This bill would require the
2 collection of certain demographic information
3 about the sexual orientation and gender identity
4 or expression of residents by state agencies,
5 boards and commissions. And the bill's goal is
6 to keep a more accurate and relevant public
7 record of populations by sexual orientation and
8 gender identity or expression in the State of
9 New York.
10 While gay, lesbian, bisexual,
11 transgender and those of nonconforming gender
12 identity or expression in the state share
13 geographical and cultural commonalities, they
14 also experience diverse social, educational,
15 health and economic differences that are unique
16 to their life experiences.
17 And given the diversity of the
18 population, separating data for these areas of
19 the population and making the data publicly
20 accessible are critical for enhancing our state's
21 understanding of the needs and experiences of
22 these communities.
23 And while other states are
24 regressing on LGBTQIA rights, New York is moving
25 forward to improve the services and support for
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1 all LGBTQIA New Yorkers.
2 The bottom line is, Mr. President,
3 data saves lives. And for decades the struggle
4 of the LGBTQIA community has been to stop being
5 invisible. And when you don't have data about a
6 community, at times it can seem that that
7 community doesn't exist at all.
8 So with this bill we are changing
9 that, Mr. President, and I proudly vote aye.
10 ACTING PRESIDENT BAILEY: Senator
11 Hoylman to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar 254, those Senators voting in the
15 negative are Senators Akshar, Borrello, Griffo,
16 Jordan, Lanza, Oberacker, O'Mara, Ortt, Palumbo,
17 Rath, Ritchie, Serino, Stec, Tedisco and Weik.
18 Ayes, 46. Nays, 15.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 339, Senate Print 6210A, by Senator Skoufis, an
23 act to amend the Executive Law and the
24 Energy Law.
25 ACTING PRESIDENT BAILEY: Read the
3172
1 last section.
2 THE SECRETARY: Section 4. 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: In relation to
10 Calendar Number 339, those Senators voting in the
11 negative are Senators Akshar, Borrello, Gallivan,
12 Griffo, Helming, Jordan, Lanza, Martucci,
13 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
14 Serino, Stec and Tedisco.
15 Ayes, 44. Nays, 17.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 455, Senate Print 4708, by Senator Comrie, an act
20 to amend the Executive Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of January.
25 ACTING PRESIDENT BAILEY: Call the
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1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BAILEY: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 455, those Senators voting in the
7 negative are Senators Akshar, Borrello, Gallivan,
8 Griffo, Jordan, Martucci, Oberacker, O'Mara,
9 Ortt, Palumbo, Rath, Serino, Stec and Tedisco.
10 Ayes, 47. Nays, 14.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 470, Senate Print 6443B, by Senator Mayer, an act
15 to amend the Criminal Procedure Law and the
16 Family Court Act.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 7. 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.
3174
1 THE SECRETARY: In relation to
2 Calendar 470, those Senators voting in the
3 negative are Senators Akshar, Borrello, Gallivan,
4 Griffo, Helming, Jordan, Lanza, Oberacker,
5 O'Mara, Ortt, Rath, Ritchie, Serino, Stec and
6 Tedisco.
7 Ayes, 46. Nays, 15.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 588, Senate Print 1830, by Senator Skoufis, an
12 act to amend the Executive Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar Number 588, voting in the negative:
24 Senator Martucci.
25 Ayes, 60. Nays, 1.
3175
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 683, Senate Print 6287B, by Senator Mannion, an
5 act to amend the Social Services Law and the
6 Public Health Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect on the 180th day after it
11 shall have become a law.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 770, Senate Print 1232, by Senator Gianaris, an
22 act to amend the Environmental Conservation Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 3. This
3176
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 770, those Senators voting in the
9 negative are Senators Akshar, Borrello, Griffo,
10 Jordan, Oberacker, O'Mara, Rath, Stec and
11 Tedisco.
12 Ayes, 52. Nays, 9.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 771, Senate Print 2937, by Senator Kaminsky, an
17 act to amend the Environmental Conservation Law.
18 SENATOR LANZA: Lay it aside.
19 ACTING PRESIDENT BAILEY: Lay it
20 aside.
21 THE SECRETARY: Calendar Number
22 814, Senate Print 240B, by Senator Mayer, an act
23 to amend the Multiple Residence Law and the
24 Multiple Dwelling Law.
25 ACTING PRESIDENT BAILEY: Read the
3177
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 90th day after it
4 shall have become a law.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Senator
9 Mayer to explain her vote.
10 SENATOR MAYER: Thank you,
11 Mr. President.
12 And I want to thank the Majority
13 Leader, Senator Stewart-Cousins, for bringing
14 this package of bills involving fire to the
15 floor.
16 I can't think of anything more
17 disastrous in so many of our districts than the
18 continued risk of fire in residential placements.
19 And in January we all know we witnessed the
20 horrors of the high-rise fire in the Bronx, which
21 killed 17 people, including eight children.
22 And before and since then, there
23 have been fires in which first responders have
24 had a challenge responding because they do not
25 have a full and accurate list of the occupants of
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1 the building.
2 In 2019, in a fire in a Yonkers
3 apartment building in my district, 86 people were
4 displaced, 60 firefighters were on the scene, and
5 there was extensive damage to the building.
6 Fortunately, in large part due to
7 the incredible work of the first responders and
8 the firefighters particularly, no one was
9 injured. But during the blaze, first responders
10 had no way to determine who was still in the
11 building and if everyone was safely evacuated.
12 This bill was a response to this
13 fire and ensures that in a fire or natural
14 disaster requiring evacuation, emergency
15 personnel have access to residents' names and
16 contact information to locate them and confirm
17 they have safely exited the building.
18 This bill grants tenants the right
19 and option to withhold this information if they
20 choose to do so.
21 In an emergency, every second
22 counts, and first responders can most effectively
23 do their jobs and prevent loss of life when they
24 are able to determine the residents they expect
25 to find in the building and know that all
3179
1 residents are safely evacuated.
2 We should not let this day go by
3 without publicly acknowledging the work of our
4 first responders, particularly police and
5 firefighters, who are the first on the scene, the
6 last to leave, put their lives in great personal
7 danger, and are there to protect us during these
8 most dangerous, dangerous of circumstances.
9 Thank you for allowing this bill to
10 come to the floor, and I urge my colleagues to
11 vote aye. I vote aye.
12 ACTING PRESIDENT BAILEY: Senator
13 Mayer to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 814, those Senators voting in the
17 negative are Senators Akshar, Borrello, Gallivan,
18 Griffo, Jordan, Lanza, Martucci, Mattera,
19 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
20 Serino, Stec and Tedisco.
21 Ayes, 44. Nays, 17.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 819, Senate Print 5093A, by Senator Kennedy, an
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1 act to amend the Executive Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 2. 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: Ayes, 61.
12 ACTING PRESIDENT BAILEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 820, Senate Print 6089A, by Senator Jackson, an
16 act to amend the Multiple Dwelling 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: Senator
25 Jackson to explain his vote.
3181
1 SENATOR JACKSON: Thank you,
2 Mr. President.
3 My colleagues, I rise to speak in
4 support of my bill.
5 Fire in residential buildings and
6 small businesses has had a devastating impact on
7 our communities, and we have witnessed an uptick
8 in fire emergencies occurring in the last two
9 years.
10 As our building stock and its
11 infrastructures get older, we have to make sure
12 our safety protocols correspond with the
13 realities that more people are using appliances
14 and technology.
15 And today, New York City continues
16 to mourn the victims who lost their lives as a
17 result of fires caused by multiple factors that
18 are a product of landlord and property management
19 not living up to their responsibilities to ensure
20 their properties comply with applicable fire and
21 safety codes.
22 In the very district that I
23 represent, within a year two terrible fires
24 occurred on the same property in Inwood,
25 resulting in the displacement of dozens of
3182
1 families during the winter. In early 2021, half
2 of this building went up in flames. The cause?
3 Quote, unquote, accidental electric wiring.
4 Over 30 families lost everything.
5 And my office connected them with legal support
6 which led to a lawsuit against the landlord.
7 However, not even a lawsuit resulting from the
8 first fire was enough to pressure the property
9 owner to do the right thing and inspect the
10 wiring in the entire building.
11 Sadly, a second fire happened in the
12 other half of the building, the cause the same as
13 the first: Faulty electric wiring.
14 We hear every other month that
15 multiple fires are reported in my district and
16 across New York due to the lack of accountability
17 from the owners. These fires were 100 percent
18 preventable. These fires were not only tragic
19 but also a clear sign of housing injustice.
20 It would seem evident that apartment
21 buildings in working class communities are often
22 more vulnerable to fires. Flickering lights or
23 the electricity going out if you use the toaster
24 or an AC shouldn't be the clearest situation --
25 it should be a cause of alarm that something
3183
1 needs to upgraded or inspected.
2 But this bill is about being
3 proactive and accountable for the safety of the
4 tenants. A history of management neglect,
5 violations and complaints, including lack of heat
6 and ventilation, make the buildings in the Black
7 and brown working class communities much more
8 susceptible to devastating fires than most of the
9 housing stock in the city.
10 This must end, Mr. President. We
11 cannot continue to lose lives due to the lack of
12 safety measures provided in many New York
13 properties. I vote aye.
14 ACTING PRESIDENT BAILEY: Senator
15 Jackson to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 820, those Senators voting in the
19 negative are Senators Akshar, Borrello, Gallivan,
20 Griffo, Helming, Jordan, Lanza, Martucci,
21 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
22 Ritchie, Serino, Stec and Tedisco.
23 Ayes, 43. Nays, 18.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3184
1 THE SECRETARY: Calendar Number
2 824, Senate Print 8795A, by Senator Rivera, an
3 act to amend the Executive Law and the
4 Administrative Code of the City of New York.
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: Senator
13 Rivera to explain his vote.
14 SENATOR RIVERA: Thank you,
15 Mr. President.
16 On Sunday, January 19th of this
17 year, as I'm sure that you're all aware,
18 Twin Parks North West, a building just a couple
19 of blocks from my district office in the Bronx,
20 had a terrible fire -- a terrible fire which was
21 worse than any that we've seen in years,
22 certainly in the Bronx. As has been referenced
23 by some of my colleagues, 17 people lost their
24 lives, including eight children.
25 And the fact is that what caused it,
3185
1 as has also been pointed out by some of my
2 colleagues, the fire in this building but not
3 only that, in buildings in other parts of the
4 city, has been many times negligence and things
5 that could have been fixed.
6 In the case of Twin Parks
7 North West, it was a series of space heaters in a
8 building -- in an apartment that actually caused
9 the fire. And in turn, once the fire started,
10 self-closing doors that were not operational were
11 left open, therefore spreading the fire to other
12 parts of the building, trapping so many folks on
13 upper levels, because this only happened on the
14 second floor of this multistory building.
15 So there's a series of bills that
16 we're passing today. And the one that is my
17 bill, Mr. President, in particular, relates to
18 increasing fines for building and fire code
19 violations. We know that in many instances --
20 and we talk about it constantly -- there's
21 certain folks that consider fines -- if they're
22 not large enough, they consider it part of doing
23 business.
24 And we want to make sure that we
25 change that as it relates to this. In this case,
3186
1 these penalties and fines were established
2 30 years ago, Mr. President. And we believe that
3 we need to raise them to make sure that it can
4 serve as a deterrence.
5 It is not the only thing that we are
6 doing, Mr. President. There's a couple of other
7 bills, including one by my colleague Cordell
8 Cleare, who also had a tragic fire in her
9 district, coming up a little bit later which
10 deals specifically with space heaters.
11 But in this case I rise to certainly
12 support this legislation, asking my colleagues to
13 do the same. And certainly, Mr. President, while
14 we certainly can't get the lives back that we
15 lost that day, we can do things legislatively to
16 try to force those folks who are, as my colleague
17 Senator Jackson said, sometimes not being
18 responsible with their property and not doing
19 what they should to maintain these properties
20 that sometimes leads to deaths -- we can make
21 sure that at the very least it costs them. And
22 that we can potentially change the way that they
23 act so that we can save lives in the future.
24 I'll vote in the affirmative. Thank
25 you, Mr. President.
3187
1 ACTING PRESIDENT BAILEY: Senator
2 Rivera to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar 824, those Senators voting in the
6 negative are Senators Akshar, Borrello, Boyle,
7 Felder, Gallivan, Griffo, Helming, Jordan,
8 Martucci, Mattera, Oberacker, O'Mara, Ortt,
9 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
10 Weik.
11 Ayes, 41. Nays, 20.
12 ACTING PRESIDENT BAILEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 997, Assembly Print Number 5338, by
16 Assemblymember Giglio, an act to amend
17 Chapter 264 of the Laws of 1981.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Announce
3188
1 the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1001, Senate Print 3606, by Senator Bailey, an
7 act to amend the Executive Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the 180th day after it
12 shall have become a law.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Senator
17 Tedisco to explain his vote. Oh, on the next
18 bill.
19 (Laughter.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 1001, those Senators voting in the
24 negative are Senators Akshar, Borrello, Boyle,
25 Gallivan, Griffo, Helming, Jordan, Lanza,
3189
1 Martucci, Mattera, Oberacker, O'Mara, Ortt,
2 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
3 Weik.
4 Ayes, 41. Nays, 20.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1023, Senate Print 6761A, by Senator Savino, an
9 act to amend the General Business Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 180th day after it
14 shall have become a law.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Senator
19 Tedisco to explain his vote.
20 SENATOR GIANARIS: We were on the
21 noncontroversial reading of the calendar, it was
22 not laid aside. And so if the Senator would like
23 to explain his vote, he's of course welcome to do
24 that.
25 ACTING PRESIDENT BAILEY: Thank
3190
1 you, Senator Gianaris.
2 Senator Tedisco.
3 SENATOR TEDISCO: Thank you.
4 Yeah, my concern about this piece of
5 legislation is it falls in line with the goose is
6 as good as the gander, I guess.
7 In Senator Savino's district, the
8 licensing procedure there -- I believe I'm
9 correct on this -- is the businesses and the
10 construction owner has a license. And all the
11 workers under that construction owner are not
12 necessarily -- and are not licensed. The
13 construction owner is licensed.
14 What this piece of legislation does,
15 it basically exempts I believe Senator Savino's
16 district -- it does not apply to Staten Island or
17 New York City. But it does provide for a
18 licensing procedure. But the procedure is not
19 the same as what is taking place in her district.
20 The procedure in this bill says that
21 every single worker for a construction owner and
22 company -- if it's 50, if it's a hundred, if it's
23 150 fire suppression professionals -- all of them
24 have to be licensed.
25 So I'm not quite understanding why
3191
1 there's a different procedure from the sponsor's
2 district of saying construction owner, licensed,
3 all the workers who are professionals in that
4 field don't have to be licensed. But the
5 legislation for upstate, where I'm being
6 contacted by the upstate American Fire Sprinkler
7 Association with a memo of opposition, every
8 single worker for that construction company and
9 the construction owner has to have all of their
10 individuals go through a process of training and
11 be licensed.
12 So I'm not understanding, if it's a
13 good system in the sponsor's district, why that
14 system wouldn't be a good system for upstate
15 New York. So I'm a bit concerned that it might
16 be more cumbersome for the small businesses and
17 the businesses which relate to this in my upstate
18 district.
19 So in that regard, I'm going to have
20 to vote no on this particular piece.
21 Thank you for the time,
22 Mr. President.
23 ACTING PRESIDENT BAILEY: Senator
24 Tedisco to be recorded in the negative.
25 Senator Mattera to explain his vote.
3192
1 SENATOR MATTERA: Yes, thank you,
2 Mr. President.
3 I first want to thank Senator Savino
4 for all of her hard work on this bill.
5 As a former member of the Suffolk
6 County Consumer Affairs Force Licensing Board on
7 Fire Protection and Plumbing for 10 years -- for
8 over 10 years -- and as a proud cosponsor of this
9 bill, I know how important this legislation is.
10 Fire suppression systems are critical for life
11 and for property safety.
12 And New York City, Nassau and
13 Suffolk County contractors who construct this
14 work need to be licensed for fire suppression
15 systems. However, no one needs to be licensed in
16 the rest of the state to perform this work, fire
17 suppression systems.
18 To perform this work -- you need to
19 have certain licenses to cut hair, to work at a
20 nail salon to paint nails. To be a librarian,
21 you need to have a license. You need to be
22 licensed to install fire alarms, but guess what,
23 not to install the fire suppression system.
24 That's why this is so important,
25 that the men and women installing these systems
3193
1 need to be licensed. Installing all the piping
2 and mechanical equipment, an occupation license
3 is needed and required, that they are all
4 qualified and have the same proper knowledge and
5 skill that will protect New York citizens and
6 firefighters from these not having the skills or
7 training to install fire sprinklers.
8 This legislation will make sure that
9 the safety is a priority. Mr. President, I am
10 proud to vote yes. Thank you.
11 ACTING PRESIDENT BAILEY: Senator
12 Mattera to be recorded in the affirmative.
13 Senator Savino to explain her vote.
14 SENATOR SAVINO: Thank you. Thank
15 you, Mr. President.
16 I want to thank Senator Mattera for
17 that excellent explanation of this piece of
18 legislation. As someone who's done the work, he
19 understands how important it is.
20 And I appreciate Senator Tedisco's
21 concern. There are differences between New York
22 City and Nassau and Suffolk County and the rest
23 of the state. Namely, this has been in place in
24 New York City and Nassau and Suffolk for quite
25 some time now.
3194
1 And there is another difference with
2 respect to New York City. Under the current law,
3 in the City of New York, Nassau and Suffolk they
4 issue licenses and registration to fire
5 suppression contractors. Under the city code, a
6 person seeking to obtain a license must complete
7 an examination, have requisite experience, and be
8 subject to a background check. The contractors
9 in these localities -- Nassau, Suffolk and
10 New York City -- also oversee the apprenticeship
11 programs for this work.
12 So there is a little bit of a
13 difference in the way they operate in New York
14 City and the way they would operate in the rest
15 of the state.
16 This bill, though, has come before
17 this house before. This is not the first time
18 we're passing it. In fact, it's the same bill
19 that we passed in 2019 -- we didn't take it up in
20 2020. And I would point out, Senator Tedisco,
21 that you voted for the bill in 2019.
22 Nothing's changed between then and
23 now except the Assembly has still not taken it
24 up.
25 The issue of fire suppression and
3195
1 fire safety equipment and water-based fire
2 protection systems is critically important.
3 So I understand the concern you
4 have, but what we're doing is we are increasing
5 safety and protection around the rest of the
6 state that we currently have in the City of
7 New York and Nassau and Suffolk County.
8 I vote in the affirmative. Thank
9 you, Mr. President.
10 ACTING PRESIDENT BAILEY: Senator
11 Savino to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar 1023, those Senators voting in the
15 negative are Senators Akshar, Borrello, Helming,
16 Jordan, O'Mara, Rath, Serino and Tedisco.
17 Ayes, 54. Nays, 8.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1024, Senate Print 7863A, by Senator Cleare, an
22 act to amend the General Business Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3196
1 act shall take effect on the 120th day after it
2 shall have become a law.
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 Senator Gianaris, that completes the
12 reading of today's calendar.
13 SENATOR GIANARIS: Let's move to
14 the controversial calendar, please.
15 ACTING PRESIDENT BAILEY: The
16 Secretary will ring the bell.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 771, Senate Print 2937, by Senator Kaminsky, an
20 act to amend the Environmental Conservation Law.
21 ACTING PRESIDENT BAILEY: Senator
22 Lanza, why do you rise?
23 SENATOR LANZA: Mr. President, I
24 believe there's an amendment at the desk. I
25 waive the reading of that amendment and ask that
3197
1 you recognize Senator Weik to be heard.
2 ACTING PRESIDENT BAILEY: Thank
3 you, Senator Lanza.
4 Upon review of the amendment, in
5 accordance with Rule 6, Section 4B, I rule it
6 nongermane and out of order at this time.
7 SENATOR LANZA: Accordingly,
8 Mr. President, I appeal the ruling of the chair
9 and ask that you recognize Senator Weik.
10 ACTING PRESIDENT BAILEY: The
11 appeal has been made and recognized, and Senator
12 Weik may be heard.
13 SENATOR WEIK: Thank you,
14 Mr. President.
15 This amendment is germane to the
16 bill-in-chief because both are intended to
17 protect the health and safety of our most
18 vulnerable from dangers in their environment.
19 Right now we're facing the highest
20 levels of inflation in 40 years, thanks to
21 policies put in place by our federal and state
22 governments. We are paying more for everything,
23 from basic necessities like clothes and groceries
24 and food to dining out and travel.
25 In this house we already took a
3198
1 small step to help consumers by slightly reducing
2 a tax paid at the pump for gasoline. But more
3 than 1 million New Yorkers are facing another
4 surprise in the form of fuel oil prices they will
5 be paying to heat their homes.
6 Now it's almost 70 degrees out
7 today, and you're wondering why are we bringing
8 this issue up today. Right now homeowners across
9 the state are receiving their fuel oil contracts
10 for next winter and they don't know how they're
11 going to be able to pay for it. This is
12 especially worrisome for Long Islanders in
13 Suffolk County and in Nassau County.
14 I represent Suffolk County, and
15 almost half of the homeowners rely on fuel oil as
16 their primary heat source. In Nassau County it's
17 about one-third. And it's not because they have
18 a choice. Many parts of Long Island are not
19 served by natural gas. And we pay among the
20 highest electric rates in the nation, so electric
21 heat is not an option either.
22 According to NYSERDA, the average
23 price of heating fuel on Long Island last month
24 was $5.13. That's 62 percent higher than last
25 year.
3199
1 This is an especially acute problem
2 for our seniors and those living on a fixed
3 income. We all know how important it is for
4 these New Yorkers to stay warm and safe, yet our
5 recent budget did nothing to provide additional
6 help for low-income New Yorkers to pay their
7 heating bills.
8 Senator Kaminsky's bill seeks to
9 phase out a type of fuel that's rarely used in
10 home heating outside of New York City. But with
11 this amendment, that bill could have a large
12 impact on homeowners all across this state. We
13 found hundreds of millions of dollars to fund a
14 new football stadium. This amendment -- to
15 deliver at least some relief to hardworking
16 New Yorkers when they desperately need it -- is
17 so important.
18 I ask that you reconsider your
19 ruling and that my colleagues support this rebate
20 proposal to help families in my region and all
21 across the state.
22 ACTING PRESIDENT BAILEY: Thank
23 you, Senator Weik.
24 I want to remind the house that the
25 vote is on the procedures of the house and the
3200
1 ruling of the chair.
2 Those in favor of overruling the
3 chair signify by saying aye.
4 SENATOR LANZA: Request a show of
5 hands.
6 SENATOR GIANARIS: Mr. President,
7 we're going to waive the showing of hands and
8 agree to record each member of the Minority in
9 the affirmative.
10 ACTING PRESIDENT BAILEY: Without
11 objection, so ordered.
12 Announce the results.
13 THE SECRETARY: Ayes, 20.
14 ACTING PRESIDENT BAILEY: The
15 ruling of chair stands, and the bill-in-chief is
16 before the house.
17 Read the last section.
18 THE SECRETARY: Section 2. 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: In relation to
3201
1 Calendar 771, those Senators voting in the
2 negative are Senators Akshar, Borrello, Gallivan,
3 Griffo, Helming, Jordan, Lanza, Martucci,
4 Mattera, Oberacker, O'Mara, Ortt, Rath, Ritchie,
5 Serino, Stec, Tedisco and Weik.
6 Ayes, 44. Nays, 18.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 Senator Gianaris, that completes the
10 reading of the controversial calendar.
11 SENATOR GIANARIS: Is there any
12 further business at the desk?
13 ACTING PRESIDENT BAILEY: There is
14 no further business at the desk.
15 SENATOR GIANARIS: Move to adjourn
16 until tomorrow, Tuesday, May 10th, at 3:00 p.m.
17 ACTING PRESIDENT BAILEY: On
18 motion, the Senate stands adjourned until
19 Tuesday, May 10th, at 3:00 p.m.
20 (Whereupon, at 3:57 p.m., the Senate
21 adjourned.)
22
23
24
25