Regular Session - May 11, 2022
3285
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 11, 2022
11 11:48 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
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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, Tuesday
16 May 10, 2022, the Senate met pursuant to
17 adjournment. The Journal of Monday, May 9, 2022,
18 was read and approved. On motion, the Senate
19 adjourned.
20 ACTING PRESIDENT PERSAUD: 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 Rivera
3287
1 moves to discharge, from the Committee on Health,
2 Assembly Bill Number 7712B and substitute it for
3 the identical Senate Bill 6928, Third Reading
4 Calendar 519.
5 Senator Kaplan moves to discharge,
6 from the Committee on Transportation,
7 Assembly Bill Number 9169 and substitute it for
8 the identical Senate Bill Number 8262,
9 Third Reading Calendar 633.
10 Senator Brisport moves to discharge,
11 from the Committee on Children and Families,
12 Assembly Bill Number 4908 and substitute it for
13 the identical Senate Bill Number 8320,
14 Third Reading Calendar 686.
15 Senator Rivera moves to discharge,
16 from the Committee on Health, Assembly Bill
17 Number 9288 and substitute it for the identical
18 Senate Bill Number 8447, Third Reading Calendar
19 709.
20 Senator Skoufis moves to discharge,
21 from the Committee on Investigations and
22 Government Operations, Assembly Bill Number 9821
23 and substitute it for the identical Senate Bill
24 Number 7360, Third Reading Calendar 796.
25 Senator Kaplan moves to discharge,
3288
1 from the Committee on Corporations, Authorities
2 and Commissions, Assembly Bill Number 9410 and
3 substitute it for the identical Senate Bill
4 Number 8573, Third Reading Calendar 846.
5 Senator Bailey move to discharge,
6 from the Committee on Alcoholism and Drug Abuse,
7 Assembly Bill Number 7818B and substitute it for
8 the identical Senate Bill Number 3374B, Third
9 Reading Calendar 933.
10 Senator Brooks moves to discharge,
11 from the Committee on Consumer Protection,
12 Assembly Bill Number 744 and substitute it for
13 the identical Senate Bill Number 5262, Third
14 Reading Calendar 1022.
15 Senator Martucci moves to discharge,
16 from the Committee on Environmental Conservation,
17 Assembly Bill Number 8510 and substitute it for
18 the identical Senate Bill Number 7902, Third
19 Reading Calendar 1044.
20 And Senator Brouk moves to
21 discharge, from the Committee on Health,
22 Assembly Bill Number 9098A and substitute it for
23 the identical Senate Bill Number 8751,
24 Third Reading Calendar 1079.
25 ACTING PRESIDENT PERSAUD: So
3289
1 ordered.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Gianaris.
9 SENATOR GIANARIS: Madam President,
10 can we begin by taking up previously adopted
11 Resolution 2486, by Senator May, read its title
12 only, and recognize Senator May.
13 ACTING PRESIDENT PERSAUD: The
14 Secretary will read.
15 THE SECRETARY: Senate Resolution
16 2486, by Senator May, congratulating Elizabeth
17 "Libba" Cotten posthumously upon the occasion of
18 being inducted into the Rock and Roll Hall of
19 Fame.
20 ACTING PRESIDENT PERSAUD: Senator
21 May on the resolution.
22 SENATOR MAY: Thank you,
23 Madam President.
24 Folk singer Elizabeth "Libba"
25 Cotten, who lived the latter years of her life in
3290
1 Syracuse, will be inducted posthumously into the
2 Rock and Roll Hall of Fame on November 5th. She
3 will also be honored with the Early Influence
4 Award.
5 Libba began playing songs at the age
6 of 8. One year later, she left school to work.
7 And at the age of 12, she had a live-in job as a
8 domestic worker in Chapel Hill, making $1 a
9 month. Her mother put the money aside to buy
10 Libba her first guitar.
11 Libba was left-handed, and she
12 taught herself to play her guitar holding it
13 upside down and figuring out her own method of
14 playing the bass lines with her fingers and the
15 melody with her thumb.
16 She began to write her own songs and
17 "Freight Train," which became one of her most
18 famous songs, was written about a train that she
19 could hear from her home.
20 In the 1940s she was hired as a
21 domestic worker by the parents of future folk
22 legends Pete and Peggy Seeger. The family
23 encouraged her musical career. When "Freight
24 Train" was falsely copyrighted by two British
25 songwriters and sung on the Ed Sullivan Show, the
3291
1 family helped her sue for copyright infringement.
2 In the spirit of Older Americans
3 Month, I will note that Libba Cotten didn't begin
4 performing publicly until she was in her sixties.
5 She recorded influential albums and helped
6 establish the folk music genre. In 1967, she
7 released a single with her grandchildren called
8 "Shake Sugaree."
9 After much success, Libba and her
10 family moved to Syracuse, where she continued to
11 tour and make music. She received her first
12 Grammy Award at the age of 90 and was named
13 Syracuse's first Living Treasure in 1983. She
14 was also recognized by the Smithsonian
15 Institution and was named a National Heritage
16 Fellow by the National Endowment for the Arts.
17 Libba died in 1987 at the age of 92.
18 In recognition of her many contributions to
19 music, a grove named in her honor was established
20 at the corner of South State Street and Castle
21 Street in Syracuse. It features a bronze statute
22 of her likeness playing guitar in her famous
23 upside-down style.
24 I vote aye. Thank you.
25 ACTING PRESIDENT PERSAUD: Thank
3292
1 you.
2 The resolution was previously
3 adopted on May 10th.
4 Senator Gianaris.
5 SENATOR GIANARIS: Madam President,
6 can we now move on to previously adopted
7 Resolution 2535, also by Senator May, read its
8 title only, and recognize Senator May.
9 ACTING PRESIDENT PERSAUD: The
10 Secretary will read.
11 THE SECRETARY: Senate Resolution
12 2535, by Senator May, honoring Sally Johnston
13 upon the occasion of being inducted into the 2022
14 New York State Disability Rights Hall of Fame.
15 ACTING PRESIDENT PERSAUD: Senator
16 May on the resolution.
17 SENATOR MAY: Thank you again,
18 Madam President.
19 I am thrilled to stand here and
20 recognize Sally Johnston for this award. She
21 will be inducted into the New York State
22 Disability Rights Hall of Fame.
23 I got to know Sally because she's
24 been a relentless advocate for Fair Pay for
25 Home Care. She spoke out many times about her
3293
1 experience of trying to find home care workers.
2 She's in her eighties and feels like she
3 shouldn't be spending hours every week on the
4 phone trying to recruit people to work for her.
5 And so her voice in the fight for fair pay was
6 critical to putting that on a lot of people's
7 radar.
8 She also invited me into her home.
9 I got to meet one of her home care workers. And
10 she really wanted to educate people about what
11 home care really is.
12 But that's not the reason Sally is
13 being inducted into the Disability Rights Hall of
14 Fame. Sally was the person who really came up
15 with the idea for the Consumer-Directed Personal
16 Assistance Program and shaped it into what we
17 know now. And she helped found the Consumer
18 Directed Personal Assistance Association of
19 New York State, which has been, again, a very
20 powerful advocate for people with disabilities
21 and for home care workers as well.
22 So Sally has really changed the
23 landscape of home care, of how we think about
24 disability in this state and how our state cares
25 for people with disabilities. So there's nobody
3294
1 who deserves this award more, and I am very
2 honored to support this resolution.
3 Thank you.
4 ACTING PRESIDENT PERSAUD: Thank
5 you.
6 The resolution was previously
7 adopted on May 10th.
8 Senator Gianaris.
9 SENATOR GIANARIS: And now let's
10 move on to previously adopted Resolution 2468, by
11 Senator Hinchey, read its title and recognize
12 Senator Hinchey.
13 ACTING PRESIDENT PERSAUD: The
14 Secretary will read.
15 THE SECRETARY: Senate Resolution
16 4468, by Senator Hinchey, memorializing Governor
17 Kathy Hochul to proclaim May 2022 as Lyme Disease
18 Awareness Month in the State of New York.
19 ACTING PRESIDENT PERSAUD: Senator
20 Hinchey on the resolution.
21 SENATOR HINCHEY: Thank you,
22 Madam President.
23 I rise today in support and to
24 sponsor a resolution proclaiming the month of May
25 as Lyme Disease Awareness Month here in the State
3295
1 of New York.
2 If you live in even a remotely rural
3 community or spend any time in upstate New York,
4 it is nearly impossible to not know someone who
5 has suffered from Lyme disease, and now those
6 numbers are only growing.
7 New York ranks second only to
8 Pennsylvania for the most confirmed cases year
9 after year.
10 Lyme disease can also be really hard
11 to identify. We hear all the time that it's
12 identified by a bull's-eye, but that's not always
13 the case. It may not actually show up.
14 And what Lyme disease does is it can
15 impact your neurological behaviors. It is a
16 neurological disease that sometimes you may not
17 even know you have it until months down the road.
18 But we know that early detection is the best way
19 to fight Lyme disease.
20 I know people in my community that
21 suffer, will suffer for the rest of their lives
22 because of undetected Lyme earlier when they were
23 gardening or when they were hiking. And so as we
24 have more and more people coming into our
25 communities, more and more people exploring the
3296
1 outdoors, more and more people realizing how
2 important time outdoors is to our mental health
3 and to our physical health, we have to take a
4 moment to recognize Lyme disease and make
5 everybody more aware of this disease.
6 We have a lot of work to do. We
7 need a lot more funding. We need a lot more
8 research. But this is where we can start.
9 So Lyme Disease Awareness Month is
10 our opportunity to shine a light on this crisis,
11 to shine a light on this issue, increase
12 awareness and work towards both solutions to
13 solve this incredibly large problem.
14 So with that, I thank the leader and
15 I thank my colleagues in support of this
16 resolution, and for that I vote aye.
17 ACTING PRESIDENT PERSAUD: Senator
18 Serino on the resolution.
19 SENATOR SERINO: Thank you,
20 Madam President.
21 And I'd like to say thank you to
22 Senator Hinchey for bringing this resolution to
23 the floor today.
24 May is Lyme Disease Awareness Month,
25 and you'll often hear me say awareness is the key
3297
1 to prevention. Here in New York we designate
2 awareness months for a whole host of issues, all
3 of equal importance. But when it comes to Lyme
4 and tick-borne diseases, raising awareness is one
5 of the few tools we have in our toolbox to
6 actually combat the spread of these diseases.
7 I've been talking ticks for years
8 now, and sometimes I feel like a broken record.
9 But I know I'm really getting through when I hear
10 from people like Senator Bailey, who mentioned
11 checking for ticks. So thank you,
12 Senator Bailey.
13 However, just when I think that the
14 message is really getting through, I hear another
15 harrowing story of someone who has been impacted
16 by these terrible diseases who didn't know the
17 signs and the symptoms, who had to fight for an
18 accurate diagnosis, and who spent thousands of
19 dollars tracking down effective treatment and
20 care.
21 These are the stories that will stay
22 with me for the rest of my life -- stories like
23 the parent who had to bury their child they had
24 lost to Lyme carditis. The husband who took his
25 own life after struggling with the neurological
3298
1 Lyme. The star athlete that suddenly couldn't
2 compete because they were drained of their
3 strength and coordination. And the family pet
4 that was struck with tick paralysis or the
5 fourth-grade student with her whole life ahead of
6 her who came up to me and said, "Senator Sue" --
7 shows me her hand -- "I have arthritic Lyme."
8 The lives of too many New Yorkers
9 have been changed forever because they did not
10 know they could take some simple steps to stay
11 tick-free. If the COVID pandemic taught us
12 anything, it was the importance of preparedness
13 in the face of a public health crisis.
14 New York State is home to the
15 second-highest number of confirmed Lyme cases in
16 the country. And because we know that the
17 diagnostic test is often inaccurate, we really
18 know that the statistic is likely a drastic
19 undercount. But make no mistake, we are facing a
20 health crisis when it comes to Lyme and
21 tick-borne diseases, and New York must be better
22 prepared to address it.
23 Declaring May as Lyme Disease
24 Awareness Month is important, but it becomes an
25 empty gesture when we don't back that effort with
3299
1 real resources and meaningful action. I urge all
2 of my colleagues here today to hear the voices of
3 the thousands of New Yorkers who have suffered
4 the devastating impacts of these diseases and
5 commit to redoubling our efforts to more
6 effectively combating the spread.
7 Thank you, Madam President.
8 ACTING PRESIDENT PERSAUD: Thank
9 you.
10 The resolution was previously
11 adopted -- sorry, Senator, there's a member
12 behind you.
13 Senator May on the resolution.
14 SENATOR MAY: Thank you,
15 Madam President.
16 I also want to thank Senator Hinchey
17 for bringing this resolution and allowing me to
18 cosponsor it with her.
19 I want to shout out to two
20 organizations in my district that are doing
21 really important work on Lyme disease.
22 One of them is the SUNY Upstate
23 Medical University and SUNY College of
24 Environmental Science and Forestry collaboration
25 on a vector biology lab, which Senator Serino
3300
1 came and toured in my district as well.
2 They are doing incredible work on
3 not just Lyme disease but the many other tick and
4 tick-borne diseases that we are learning about.
5 Dr. Saravanan Thangamani, a professor of
6 microbiology and immunology at SUNY Upstate,
7 leads that lab with a team of researchers, and it
8 is very impressive what they do.
9 Another organization in my district
10 is doing the grassroots work of local advocacy,
11 and they promote education and prevention
12 awareness throughout Central New York. It's
13 called the Central New York Lyme and Tick-Borne
14 Disease Alliance, and their executive director,
15 Royale Scuderi, has worked with my staff to
16 partner on public events to get the word out
17 about best practices for reducing Lyme.
18 And I want her to know how much her
19 work is appreciated and how much her efforts do
20 to reach our communities.
21 And then, finally, I also want to
22 talk a little bit about the ecology of tick-borne
23 diseases. We have to recognize the important
24 role that wildlife play in not just spreading the
25 disease -- everybody knows about mice and deer --
3301
1 but in actually controlling the tick population.
2 Foxes and possums in particular do
3 the work of reducing the mice population, and
4 possums actually eat thousands of ticks every
5 day.
6 I carry legislation to allow the DEC
7 to suspend the taking of foxes in areas of the
8 state with a high prevalence of Lyme disease.
9 These kinds of measures to let natural
10 prey/predator relationships continue are an
11 important part of our whole approach to
12 controlling tick-borne disease.
13 So again, I want to thank all the
14 groups around the state that are working so hard
15 to control this really devastating disease, and
16 thank again the sponsor and the leadership for
17 bringing this forward.
18 I vote aye. Thank you.
19 ACTING PRESIDENT PERSAUD: Senator
20 Bailey on the resolution.
21 SENATOR BAILEY: Thank you,
22 Madam President. I just wanted to thank Senator
23 Hinchey for this important resolution and
24 Senator Serino for her remarks in relation to
25 this.
3302
1 And you can learn a lot about -- I
2 think that's the beauty of a citizen legislature,
3 right? Like you can learn a lot about regions
4 that are not your own when you actually have
5 meaningful conversations with people who live in
6 regions that are not where you're at. Right?
7 So in the Bronx, New York, we may
8 not necessarily have the dense shrubbery that we
9 have in other parts of rural New York or suburban
10 New York, but we do have certain, I guess,
11 enclaves that do have a significant portion of
12 shrubbery. And so it's important to make sure
13 that we're aware of these things and that we're
14 conveying these issues to our constituents.
15 And both Senators Serino and Hinchey
16 need to be proud that on the front of my office
17 there is a sign currently in the window -- and I
18 can have staff take a picture of this and show it
19 to you for verification -- that shows tick
20 awareness.
21 Because it's something that we do --
22 we have Seton Falls Park in the Bronx. And we
23 spoke about another borough's day yesterday and,
24 you know, we're going to talk about the Bronx a
25 little bit. And Seton Falls Park is a dense
3303
1 parkland that has had, in the past, an incidence
2 of some tick-borne diseases.
3 So we wanted to make sure that our
4 community was aware of it. And even though it's
5 just a small parcel of land, one tick bite is too
6 many, one tick-borne disease is too many for an
7 individual to have that can have significant and
8 debilitating effects on them.
9 So I'm grateful to our colleagues
10 for bringing this resolution to the floor and for
11 speaking about it, and I look forward to
12 continuing to learn about issues outside the
13 scope of the best borough in New York City.
14 Thank you, Madam President.
15 ACTING PRESIDENT PERSAUD: Thank
16 you.
17 The resolution was previously
18 adopted on May 3rd.
19 Senator Gianaris.
20 SENATOR GIANARIS: Madam President,
21 the sponsors of the various resolutions we took
22 up today would like to open them for
23 cosponsorship.
24 ACTING PRESIDENT PERSAUD: The
25 resolutions are open for cosponsorship. Should
3304
1 you choose not to be a cosponsor of the
2 resolutions, please notify the desk.
3 Senator Gianaris.
4 SENATOR GIANARIS: Please recognize
5 Senator Reichlin-Melnick for an introduction.
6 ACTING PRESIDENT PERSAUD: Senator
7 Reichlin-Melnick.
8 SENATOR REICHLIN-MELNICK: Thank
9 you, Madam President.
10 I just want to briefly rise to
11 introduce -- we've got some very dedicated
12 students from Tappan Zee High School Youth and
13 Government Club here joining us today. I've met
14 with them at their school, spoken to their club.
15 These are some of the most engaged and energetic
16 and civic-minded high school students that I've
17 had the pleasure of meeting.
18 And we welcome them to Albany today
19 as they are visiting us and then heading over in
20 a little bit to visit the Assembly. So thank you
21 for joining us, and hope that this is an
22 educational trip for you all.
23 ACTING PRESIDENT PERSAUD: Thank
24 you.
25 To our guests from Tappan Zee
3305
1 High School, I welcome you on behalf of the
2 Senate. We extend to you the privileges and
3 courtesies of this house.
4 Please stand and be recognized.
5 (Standing ovation.)
6 ACTING PRESIDENT PERSAUD: Senator
7 Gianaris.
8 SENATOR GIANARIS: Let's take up
9 the reading of the calendar now, please.
10 ACTING PRESIDENT PERSAUD: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 238, Senate Print 3150A, by Senator Comrie, an
14 act to amend the Executive Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 180th 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.
3306
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 259, Senate Print 3468B, by Senator Kennedy, an
5 act to amend the Executive Law.
6 SENATOR LANZA: Lay it aside.
7 ACTING PRESIDENT PERSAUD: Lay it
8 aside.
9 THE SECRETARY: Calendar Number
10 453, Senate Print 2012A, by Senator Jackson, an
11 act to amend the Administrative Code of the City
12 of New York.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
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 453, those Senators voting in the
24 negative are Senators Akshar, Borrello, Boyle,
25 Gallivan, Griffo, Jordan, Lanza, Martucci,
3307
1 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
2 Ritchie, Serino, Stec, Tedisco and Weik.
3 Ayes, 43. Nays, 19.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 454, Senate Print 2013A, by Senator Jackson, an
8 act to amend the Administrative Code of the City
9 of New York.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 454, those Senators voting in the
21 negative are Senators Akshar, Borrello, Boyle,
22 Gallivan, Griffo, Helming, Jordan, Lanza,
23 Martucci, Mattera, Oberacker, O'Mara, Ortt,
24 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
25 Weik.
3308
1 Ayes, 42. Nays, 20.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 502, Senate Print 1019C, by Senator Kaminsky, an
6 act to amend the Education Law.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the first of July.
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
20 519, Assembly Print Number 7712B, by
21 Assemblymember Gottfried, an act to amend the
22 Public Health Law.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3309
1 act shall take effect on the 180th day after it
2 shall have become a law.
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: Ayes, 62.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 574, Senate Print 3960, by Senator Kennedy, an
13 act to amend the Judiciary Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day after it
18 shall have become a law.
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: In relation to
25 Calendar 574, those Senators voting in the
3310
1 negative are Senators Akshar, Borrello and Lanza.
2 Ayes, 59. Nays, 3.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 633, Assembly Print Number 9169, by
7 Assemblymember Paulin, an act to amend
8 Chapter 802 of the Laws of 1947.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 662, Senate Print 7744A, by Senator Breslin, an
24 act to amend the Insurance Law.
25 ACTING PRESIDENT PERSAUD: Read the
3311
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 686, Assembly Print Number 4908, by
14 Assemblymember Solages, an act to establish a
15 task force to identify evidence-based and
16 evidence-informed solutions to reduce children's
17 exposure to adverse childhood experiences.
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
3312
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 709, Assembly Print Number 9288, by
7 Assemblymember Gottfried, an act to amend the
8 Social Services Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 772, Senate Print 3211B, by Senator Ramos, an act
23 to amend the Environmental Conservation Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
3313
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: Ayes, 62.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 796, Assembly Bill Number 9821, by
13 Assemblymember Jean-Pierre, an act to amend the
14 Alcoholic Beverage Control Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 30th 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.
3314
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 798, Senate Print 7655A, by Senator Hinchey, an
5 act to amend the Alcoholic Beverage Control 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, 62.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 829, Senate Print 8080, by Senator Cleare, an act
20 to amend the State Finance Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day after it
25 shall have become a law.
3315
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
10 846, Assembly Print Number 9410, by
11 Assemblymember Paulin, an act to amend
12 Chapter 154 of the Laws of 1921.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 60th day after it
17 shall have become a law.
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: Ayes, 62.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
3316
1 THE SECRETARY: Calendar Number
2 863, Senate Print 5286, by Senator Parker, an act
3 to amend the Social Services Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day after it
8 shall have become a law.
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: In relation to
15 Calendar 863, those Senators voting in the
16 negative are Senators Akshar, Borrello, Boyle,
17 Helming, Martucci, Mattera, Oberacker and Ortt.
18 Ayes, 54. Nays, 8.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 875, Senate Print 3542, by Senator Stavisky, an
23 act to amend the Education Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
3317
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: Ayes, 62.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 933, Assembly Print Number 7818B, by
13 Assemblymember Cruz, an act to amend the
14 Alcoholic Beverage Control Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 30th 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: Senator
24 Bailey to explain his vote.
25 SENATOR BAILEY: Thank you,
3318
1 Madam President.
2 I am grateful for the opportunity to
3 be able to speak on this bill, and I thank
4 Majority Leader Andrea Stewart-Cousins for
5 bringing it to the floor.
6 And it's one of these bills in a
7 package related to the scourge of human
8 trafficking. We speak about our districts and
9 about the good things, but sometimes we speak
10 about the things that happen in our districts
11 that are not so positive, but we look to
12 ameliorate these things by virtue of legislation.
13 So in the North Bronx, in the City
14 of Mount Vernon, there is a corridor that has
15 been prone to significant portions of human
16 trafficking. And some of these bills in this
17 package are designed to ensure that we do
18 everything that we can to show the individuals
19 that are doing the trafficking that we are aware
20 of what you're doing, and we're going to stop
21 you.
22 And secondly, to the victims of
23 human trafficking, we want you to know that
24 there's a way out and that we want to make sure
25 that we do everything that we can to show people
3319
1 that there is a way out.
2 And this bill would require certain
3 establishments to simply display signs. And I
4 say "simply" tongue in cheek, because there's no
5 such thing as simple when it comes to freeing
6 victims of human trafficking. One action can
7 change the life of an individual. And if there's
8 an individual that's walking into one of these
9 establishments that's possibly being trafficked
10 or feels under some sort of duress and they see
11 this sign that shows the human trafficking
12 hotline, the phone number to call, that can
13 change the course of an individual's life.
14 And so I'm grateful to our leader
15 for putting this forward, to Speaker Heastie and
16 Assemblymember Cruz -- they already passed it on
17 their side, we're passing it here, so it will go
18 on to the Governor's desk and hopefully she'll
19 sign it so that we can try to save the lives of
20 many trafficking victims. But if just saves one
21 life -- just one life, Madam President -- this
22 bill has done its job.
23 I will be voting in the affirmative,
24 and I thank you for the opportunity.
25 ACTING PRESIDENT PERSAUD: Senator
3320
1 Bailey to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 966, Senate Print 351, by Senator Addabbo, an act
8 to amend the General Business Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 995, Senate Print 793A, by Senator Hoylman, an
24 act to amend the Judiciary Law.
25 ACTING PRESIDENT PERSAUD: Read the
3321
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect June 1, 2022.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 995, voting in the negative:
11 Senators Oberacker and Serino.
12 Ayes, 60. Nays, 2.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1011, Senate Print 6619B, by Senator Gounardes,
17 an act to amend the Retirement and Social
18 Security Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the first of April.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
3322
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1022, Assembly Print Number 744, by
8 Assemblymember Wallace, an act to amend the
9 General Business Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day after it
14 shall have become a law.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1031, Senate Print 8209, by Senator Mannion, an
25 act to amend the Private Housing Finance Law.
3323
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 180th day after it
5 shall have become a law.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1042, Senate Print 6962, by Senator Ryan, an act
16 to amend the Environmental Conservation Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 2. 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.
3324
1 THE SECRETARY: In relation to
2 Calendar Number 1042, those Senators voting in
3 the negative are Senators Lanza, Oberacker and
4 Ortt.
5 Ayes, 59. Nays, 3.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1044, Assembly Bill Number 8510, by
10 Assemblymember Gunther, an act to amend the
11 Executive Law.
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: Ayes, 62.
22 ACTING PRESIDENT PERSAUD: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1062, Senate Print 8273, by Senator Brooks, an
3325
1 act to amend the Highway Law.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1062, voting in the negative:
13 Senator Brisport.
14 Ayes, 61. Nays, 1.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1064, Senate Print 8305A, by Senator Gallivan, an
19 act to amend the Highway Law.
20 ACTING PRESIDENT PERSAUD: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
3326
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1069, Senate Print 8688A, by Senator Thomas, an
9 act to amend the Highway Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1069, voting in the negative:
21 Senator Brisport.
22 Ayes, 61. Nays, 1.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3327
1 1079, Assembly Print Number 9098A, by
2 Assemblymember Paulin, an act to amend the
3 Public Health 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: Ayes, 62.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 Senator Gianaris, that completes the
17 reading of today's calendar.
18 SENATOR GIANARIS: Let's please
19 move to the controversial calendar.
20 ACTING PRESIDENT PERSAUD: The
21 Secretary will ring the bell.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 259, Senate Print 3468B, by Senator Kennedy, an
25 act to amend the Executive Law.
3328
1 ACTING PRESIDENT PERSAUD: Senator
2 Lanza, why do you rise?
3 SENATOR LANZA: Madam President, I
4 believe there's an amendment at the desk. I
5 waive the reading of that amendment and ask that
6 you recognize Senator Borrello to be heard.
7 ACTING PRESIDENT PERSAUD: Thank
8 you, Senator Lanza.
9 Upon review of the amendment, in
10 accordance with Rule 6, Section 4B, I rule it
11 nongermane and out of order at this time.
12 SENATOR LANZA: Accordingly,
13 Madam President, I appeal the ruling of the chair
14 and ask that you recognize Senator Borrello.
15 ACTING PRESIDENT PERSAUD: The
16 appeal has been made and recognized, and
17 Senator Borrello may be heard.
18 SENATOR BORRELLO: Thank you,
19 Madam President.
20 I rise to appeal the ruling of the
21 of the chair. The proposed amendment is germane
22 to the bill at hand because just as it seeks to
23 address equity and inclusivity, so too does
24 school choice and the expansion of high-quality
25 charter schools.
3329
1 Charter schools provide quality
2 public education alternatives to families in
3 traditionally marginalized communities throughout
4 New York State. And as Horace Mann famously
5 said, "Education, then, beyond all other divides
6 of human origin, is a great equalizer of
7 conditions of men, the balance wheel of social
8 machinery."
9 There are 731 school districts with
10 4,411 schools in New York State. Yet by law, we
11 are only allowed to have 460 charter schools
12 throughout New York State. And even then,
13 because of the distribution and certainly limits,
14 caps in certain areas, there are actually only
15 359 charter schools in New York State currently.
16 And because of that, we have lots of
17 waiting lists, particularly in New York City.
18 You know, I live in an area where we
19 don't have any charter schools. I am actually a
20 product of a traditional public school. But I
21 certainly think we should have that choice,
22 particularly in areas where that choice yields
23 some very good results.
24 In fact, charter schools continue to
25 perform at high levels, reaching proficiency
3330
1 standards, graduation rates, and rates of
2 students attending college that often surpass
3 that of the districts in which they are located.
4 Of the charter schools authorized by
5 the SUNY Board of Trustees, 91 percent outperform
6 their districts of location in mathematics.
7 Eighty-eight percent outperform their district
8 locations in reading and writing.
9 This success is made more important
10 by the fact that 80 percent of SUNY-authorized
11 charter school students are economically
12 disadvantaged.
13 You know, I think that we should
14 look at this as an opportunity to give our
15 children choice. And I also believe that that is
16 why this is germane to this bill, because it does
17 ensure that all have access equally to something
18 as important and vital as a good education.
19 Thank you, Madam President.
20 ACTING PRESIDENT PERSAUD: Thank
21 you, Senator.
22 I want to remind the house that the
23 vote is on the procedures of the house and the
24 ruling of the chair.
25 Those in favor of overruling the
3331
1 chair, signify by saying aye.
2 SENATOR LANZA: Request a show of
3 hands.
4 SENATOR GIANARIS: Madam President,
5 we've agreed to waive the showing of hands and
6 record each member of the Minority in the
7 affirmative.
8 ACTING PRESIDENT PERSAUD: Without
9 objection, so ordered.
10 Announce the results.
11 THE SECRETARY: Ayes, 20.
12 ACTING PRESIDENT PERSAUD: The
13 ruling of the chair stands, and the bill-in-chief
14 is before the house.
15 Are there any other Senators wishing
16 to be heard?
17 Seeing and hearing none, the debate
18 is closed.
19 The Secretary will ring the bell.
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect July 1, 2023.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
3332
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 259, those Senators voting in the
5 negative are Senators Akshar, Borrello, Boyle,
6 Gallivan, Griffo, Helming, Jordan, Lanza,
7 Martucci, Mattera, Oberacker, O'Mara, Ortt,
8 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
9 Weik.
10 Ayes, 42. Nays, 20.
11 ACTING PRESIDENT PERSAUD: The bill
12 is passed.
13 Senator Gianaris, that completes the
14 reading of the controversial calendar.
15 SENATOR GIANARIS: Is there any
16 further business at the desk?
17 ACTING PRESIDENT PERSAUD: There is
18 no further business at the desk.
19 SENATOR GIANARIS: There will be an
20 immediate virtual meeting of the Health
21 Committee.
22 And I move to adjourn until Monday,
23 May 16th, at 3:00 p.m., with intervening days
24 being legislative days.
25 ACTING PRESIDENT PERSAUD: There
3333
1 will be an immediate virtual meeting of the
2 Health Committee.
3 On motion, the Senate stands
4 adjourned until Monday, May 16th, at 3:00 p.m.,
5 intervening days being legislative days.
6 (Whereupon, at 12:25 p.m., the
7 Senate adjourned.)
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