Regular Session - May 16, 2022

                                                                   3346

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 16, 2022

11                      3:43 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3347

 1                P R O C E E D I N G S

 2                 ACTING PRESIDENT MAYER:   The Senate 

 3    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 MAYER:   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 MAYER:   Reading of 

14    the Journal.

15                 THE SECRETARY:   In Senate, Sunday, 

16    May 15, 2022, the Senate met pursuant to 

17    adjournment.  The Journal of Saturday, May 14, 

18    2022, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT MAYER:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 (Shushing chamber.)

25                 The Secretary will read.


                                                               3348

 1                 THE SECRETARY:   Senator 

 2    Reichlin-Melnick moves to discharge, from the 

 3    Committee on Health, Assembly Bill Number 8136B 

 4    and substitute it for the identical Senate Bill 

 5    3966B, Third Reading Calendar 116.

 6                 Senator Hoylman moves to discharge, 

 7    from the Committee on Health, Assembly Bill 

 8    Number 187 and substitute it for the identical 

 9    Senate Bill 431A, Third Reading Calendar 513.

10                 Senator Skoufis moves to discharge, 

11    from the Committee on Investigations and 

12    Government Operations, Assembly Bill Number 9785 

13    and substitute it for the identical Senate Bill 

14    8645, Third Reading Calendar 800.

15                 Senator Harckham moves to discharge, 

16    from the Committee on Higher Education, 

17    Assembly Bill Number 7754C and substitute it for 

18    the identical Senate Bill 8533A, Third Reading 

19    Calendar 885.

20                 Senator Jordan moves to discharge, 

21    from the Committee on Transportation, Assembly 

22    Bill Number 7625A and substitute it for the 

23    identical Senate Bill 6738A, Third Reading 

24    Calendar 909.

25                 Senator Palumbo moves to discharge, 


                                                               3349

 1    from the Committee on Investigations and 

 2    Government Operations, Assembly Bill Number 4069 

 3    and substitute it for the identical Senate Bill 

 4    6889, Third Reading Calendar 951.

 5                 ACTING PRESIDENT MAYER:   So 

 6    ordered.

 7                 Messages from the Governor.

 8                 Reports of standing committees.

 9                 Reports of select committees.

10                 Communications and reports from 

11    state officers.

12                 Motions and resolutions.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Good afternoon, 

15    Madam President.  

16                 I have a series of motions here.  

17                 Amendments are offered to the 

18    following Third Reading Calendar bills:  

19                 By Senator Gounardes, page 27, 

20    Calendar Number 210, Senate Print 6079A; 

21                 Senator Brisport, page 31, Calendar 

22    Number 427, Senate Print 2586; 

23                 Senator Salazar, page 32, Calendar 

24    Number 461, Senate Print 3081; 

25                 Senator Krueger, page 42, Calendar 


                                                               3350

 1    Number 706, Senate Print 8440;

 2                 Senator Parker, page 43, Calendar 

 3    Number 715, Senate Print 8405A; 

 4                 Senator Skoufis, page 51, Calendar 

 5    Number 861, Senate Print 4438; 

 6                 Senator Reichlin-Melnick, page 53, 

 7    Calendar Number 889, Senate Print 4150C; 

 8                 Senator Parker, page 55, Calendar 

 9    Number 922, Senate Print 8491; 

10                 Senator Parker, page 55, Calendar 

11    Number 923, Senate Print 8492; 

12                 Senator Kaplan, page 56, Calendar 

13    Number 942, Senate Print 8023; 

14                 Senator Thomas, page 63, Calendar 

15    Number 1026, Senate Print 8380A; 

16                 Senator Hoylman, page 65, Calendar 

17    Number 1041, Senate Print 6291; 

18                 Senator Cooney, page 71, Calendar 

19    Number 1115, Senate Print 8672; 

20                 Senator Gianaris, page 27, Calendar 

21    Number 131, Senate Print 933A; 

22                 Senator Kaminsky, page 59, Calendar 

23    Number 973, Senate Print 6793;

24                 Senator May, page 60, Calendar 

25    Number 977, Senate Print 8617;


                                                               3351

 1                 Senator Harckham, page 35, Calendar 

 2    Number 549, Senate Print 7910; 

 3                 And Senator Liu, page 68, Calendar 

 4    Number 1086, Senate Print 7263A. 

 5                 ACTING PRESIDENT MAYER:   The 

 6    amendments are received, and the bills will 

 7    retain their place on the Third Reading Calendar.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   I now wish to 

10    call up the following bills, which were recalled 

11    from the Assembly and are now at the desk:  

12    Senate Print Numbers 1826A and 6287B.

13                 ACTING PRESIDENT MAYER:   The 

14    Secretary will read.

15                 THE SECRETARY:   Calendar Number 

16    248, Senate Print 1826A, by Senator Skoufis, an 

17    act to amend the State Finance Law.

18                 Calendar Number 683, Senate Print 

19    6287B, by Senator Mannion, an act to amend the 

20    Social Services Law and the Public Health Law.

21                 SENATOR GIANARIS:   Move to 

22    reconsider the vote by which these bills were 

23    passed.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               3352

 1                 (The Secretary called the roll.)

 2                 THE SECRETARY:   Ayes, 61.  

 3                 ACTING PRESIDENT MAYER:   The bills 

 4    are restored to their place on the Third Reading 

 5    Calendar.

 6                 SENATOR GIANARIS:   I offer the 

 7    following amendments on those bills.

 8                 ACTING PRESIDENT MAYER:   The 

 9    amendments are received, and the bills will 

10    retain their place on the Third Reading Calendar.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   At this time, 

13    Madam President, there's a privileged resolution 

14    at the desk by Senator Kennedy.  Please take that 

15    up, read it in its entirety, and recognize 

16    Senator Kennedy on the resolution.

17                 ACTING PRESIDENT MAYER:   The 

18    Secretary will read.

19                 THE SECRETARY:   Senate Resolution 

20    2634, by Senator Kennedy, expressing sincerest 

21    heartfelt condolences to the Buffalo, New York, 

22    community in the wake of the devastating tragedy 

23    which took place at a Tops grocery store on 

24    Jefferson Avenue, and applauding all those who 

25    acted immediately and heroically in the face of 


                                                               3353

 1    danger.

 2                 "WHEREAS, The very principles of 

 3    American freedom, and the safety and security of 

 4    every American at home and abroad were challenged 

 5    by the unspeakable atrocities committed in the 

 6    East Side of Buffalo, during a sunny afternoon on 

 7    Saturday, May 14, 2022, at a Tops grocery store 

 8    located on historic Jefferson Ave; and 

 9                 "WHEREAS, During this senseless act 

10    of violence, 10 innocent people were killed:  

11    Roberta A. Drury, 32 years old;  Geraldine 

12    Talley, 62 years old; Celestine Chaney, 65 years 

13    old; Katherine Massey, 72 years old; Pearl Young, 

14    77 years old; Ruth Whitfield, 85 years old; 

15    Margus D. Morrison, 52 years old; Andre Mackneil, 

16    53 years old; retired Buffalo police officer 

17    Aaron Salter, 55 years old; and Heyward 

18    Patterson, 67 years old; and 

19                 "WHEREAS, In  addition, Jennifer 

20    Warrington, 50 years old; Zaire Goodman, 20 years 

21    old; and Christopher Braden, 55 years old, were 

22    wounded, however, are expected to survive; and 

23                 "WHEREAS, For all New Yorkers, the 

24    images of this horrific domestic act of terrorism 

25    rekindles heartbreaking memories and causes us to 


                                                               3354

 1    pause and reflect on our daily lives; and 

 2                 "WHEREAS, The very heart and soul of 

 3    America has once more been shaken to its core and 

 4    this tragedy stands as a reminder that such 

 5    senseless acts of violence will not destroy the 

 6    values that make America great; and 

 7                 "WHEREAS, The power of human 

 8    compassion and the strength and spirit of the 

 9    American people were revealed in Buffalo as we 

10    learned of the immediate and heroic outpouring of 

11    service and concern for the victims of this act 

12    of terrorism and in its aftermath; and 

13                 "WHEREAS, This Legislative Body 

14    cannot express sufficient gratitude to those 

15    devoted first responders, including police 

16    officers, Erie County sheriff's deputies, and FBI 

17    agents, as well as paramedics and firefighters, 

18    who inspire us all by carrying out their sworn 

19    duties with great courage and bravery; and 

20                 "WHEREAS, The combined and 

21    coordinated efforts of these individuals and 

22    their swift response are a testament to the 

23    spirit of unity and fellowship in the face of 

24    adversity which characterizes the best of 

25    America; and 


                                                               3355

 1                 "WHEREAS, The people of the State of 

 2    New York stand steadfast in their solidarity with 

 3    Buffalo, New York, all of whom were victimized by 

 4    the city's worst mass shooting on Saturday, 

 5    May 14, 2022; now, therefore, be it 

 6                 "RESOLVED, That this Legislative 

 7    Body pause in its deliberations to express 

 8    sincerest heartfelt condolences to the victims 

 9    and their families and to applaud all those who 

10    acted immediately and heroically in the face of 

11    danger, and to extend to the people of Buffalo 

12    the sincere best wishes and heartfelt prayers of 

13    all New Yorkers; and be it further 

14                 "RESOLVED, That a copy of this  

15    resolution, suitably engrossed, be transmitted to 

16    the Honorable Byron Brown, Mayor, Buffalo, 

17    New York."

18                 ACTING PRESIDENT MAYER:   Senator 

19    Kennedy on the resolution.

20                 SENATOR KENNEDY:   Thank you, 

21    Madam President.

22                 I rise today with the deep pain of a 

23    broken heart, on behalf of a grieving community 

24    in Buffalo, across New York, and across our 

25    nation.  


                                                               3356

 1                 I want to thank Majority Leader 

 2    Andrea Stewart-Cousins for her support in 

 3    bringing this resolution to the floor here today, 

 4    and for all of our colleagues standing in 

 5    solidarity with us Buffalonians as we confront 

 6    one of the saddest events in our hometown's 

 7    history.

 8                 Just over 48 hours ago, an 

 9    individual filled with hate, with bigotry and 

10    with evil in its purest and most disgusting form, 

11    walked into the Tops Friendly Markets on 

12    Jefferson Avenue, the only supermarket in a food 

13    desert in the heart of Buffalo's Black community, 

14    and opened fire.

15                 Within minutes, 10 innocent and 

16    loved people, all Black, were murdered in cold 

17    blood.  They were targeted for one reason and one 

18    reason only:  The color of their skin.

19                 I stand to honor their memory here 

20    today as I read their names.  Roberta A. Drury, 

21    of Buffalo, age 32; Margus D. Morrison, of 

22    Buffalo, age 52; Andre Mackniel, of Auburn, 

23    age 53; Aaron Salter, of Lockport, age 55; 

24    Geraldine Talley, of Buffalo, age 62; Celestine 

25    Chaney, of Buffalo, age 65; Heyward Patterson, of 


                                                               3357

 1    Buffalo, age 67; Katherine Massey, of Buffalo, 

 2    age 72; Pearl Young, of Buffalo, age 77; Ruth 

 3    Whitfield, of Buffalo, age 86.

 4                 Each of them leaves behind 

 5    heartbroken loved ones.  Each was robbed of 

 6    America's promise of life and liberty.

 7                 Three more Buffalonians, including 

 8    Zaire Goodman, the son of my staff member and 

 9    head of Diversity and Inclusion, Zeneta Everhart, 

10    were shot and injured, along with Jennifer 

11    Warrington, of Tonawanda, and Christopher Braden, 

12    Lackawanna.  

13                 Zaire was just doing his job, as he 

14    always does, like others that were shot that 

15    day -- helping an elderly woman with her shopping 

16    cart in the parking lot after she had purchased 

17    food.  Striking Zaire in the neck, by the grace 

18    of God that bullet -- which was designed to 

19    exploded upon impact and cause maximum damage -- 

20    passed directly through his neck and out the back 

21    with only shards embedded in him, so he survived.

22                 A week from today, Zaire will 

23    celebrate his 21st birthday.  His mother has 

24    called it divine protection.  It is certainly a 

25    miracle, a light in the midst of our darkest day.  


                                                               3358

 1    He is now at home in his mother's care.

 2                 Our hearts are shattered for the 

 3    families who won't be able to welcome their loved 

 4    ones home, to provide them the tender loving care 

 5    that they too deserve.  Our entire community, our 

 6    entire state, and our entire nation is 

 7    devastated.

 8                 And now, in the wake of this 

 9    massacre, we're left to wonder why.  Why would 

10    someone drive for hours to commit a murder in 

11    cold blood?  What would cause someone to be so 

12    hateful and so cruel?  Why, after Charleston, 

13    after Columbine, after Sandy Hook, after 

14    Las Vegas, after Orlando, after every one of the 

15    countless and senseless slaughters our country 

16    has witnessed, can an 18-year-old buy a weapon of 

17    war, go across state lines to buy modifications 

18    that are illegal here in New York, and add to 

19    another city on that list?

20                 And why, after everything we know, 

21    does right-wing mass media continue to propagate 

22    the vile ideology of white supremacy under the 

23    guise of so-called replacement theory, of 

24    critical race theory fearmongering, and hours and 

25    hours of winks and nudges that all combine to 


                                                               3359

 1    teach hate and numb us to empathy?

 2                 Sadly, we know what that answer is.  

 3    This is the hatred that has been a part of our 

 4    nation even before we became a nation, but it's 

 5    coming back stronger than ever before, that evil 

 6    and that hatred -- a whole generation that's 

 7    being fed a steady diet of fear and lies on TV, 

 8    on social media, and that's resulting in what we 

 9    saw in Buffalo on a sunny, perfect Saturday 

10    afternoon, a day that should have brought 

11    Buffalonians of all races and ethnicities out to 

12    enjoy our beautiful city of good neighbors.

13                 We all must reject this evil world 

14    view of white supremacy, and we need to call it 

15    out and root it out every single opportunity that 

16    we get and every time it rears its ugly head.  

17    Every one of us has a moral duty to call it out 

18    where we see it and when we see it, whether it's 

19    on social media, on our airwaves and TV, anywhere 

20    we hear or see it in the community, and even in 

21    the halls of our government.

22                 We haven't done enough as a state 

23    and as a nation.  We must recommit ourselves here 

24    and now to combat this scourge on our society.  

25    And if we've ever needed justification for a 


                                                               3360

 1    strong and ironclad federal assault-weapon ban 

 2    and background checks, this is it.  This is it.  

 3                 This morally bankrupt world view of 

 4    white supremacy and white nationalism that's 

 5    taken hold in our society must be stopped, and it 

 6    must be stopped in its tracks today.  Enough is 

 7    enough.  Buffalo is the City of Good Neighbors.  

 8    But being good neighbors didn't prevent the devil 

 9    from visiting us on Saturday afternoon.

10                 This is bigger than just our City of 

11    Buffalo.  This is bigger than just our great 

12    Empire State of New York.  If we want to save our 

13    children's future, to protect our national union 

14    and to build a better society, this has to end.  

15    And we need to take strong decisive action.  

16                 Tomorrow I'll be back home in 

17    Buffalo.  President Biden and First Lady Biden 

18    will be in Buffalo to help mend our heartbroken 

19    community and comfort the families of the souls 

20    that were lost and those that continue to grieve.  

21                 We must continue to pray for the 

22    lives that were lost, for their families, for our 

23    community in Buffalo, for our state, and as a 

24    nation.  And I know that we have to do better, 

25    that we recognize that this was not okay.  That 


                                                               3361

 1    America is better than this.  That New York is 

 2    better than this.  And we will do better.  

 3                 I want to thank all of my colleagues 

 4    for the outpouring of support and for communities 

 5    across our state, our nation, and the globe that 

 6    have reached out, that have offered the 

 7    generosity of their heart and their spirit and 

 8    their soul to say that they are with us in 

 9    Buffalo, New York, as we struggle through this 

10    difficult time.

11                 May those 10 beautiful souls rest in 

12    peace.  Please join us, Madam President, in 

13    remembering each and every one of them in a 

14    moment of silence.

15                 ACTING PRESIDENT MAYER:   Senator 

16    Kennedy.  Senator Kennedy, because there are a 

17    number of speakers who wish to speak, they've 

18    asked that the moment of silence occur at the end 

19    of the speakers.  So everyone can take their 

20    seat.

21                 Thank you, Senator Kennedy.

22                 SENATOR KENNEDY:   Thank you.

23                 ACTING PRESIDENT MAYER:   Senator 

24    Ryan on the resolution.

25                 SENATOR RYAN:   Thank you, Madam 


                                                               3362

 1    Speaker.

 2                 Suddenly the -- you know, the energy 

 3    leaves you.  You're totally heartbroken.  I want 

 4    to yell, but I also -- you want to cry.  A 

 5    77-year-old grandmother, a 53-year-old going out 

 6    to buy a cake for his grandson:  I'll be back in 

 7    15 minutes.  A 67-year-old deacon.  The list goes 

 8    on.  It was people going about their daily life 

 9    on a beautiful Saturday in Buffalo.  

10                 We had a long, hard, ugly winter.  

11    It's one of our first great weekends.  Everyone 

12    was out.  Stores were crowded.  Streets were 

13    crowded.  It was springtime jubilation -- you 

14    know, until it wasn't.

15                 This all happened in less than three 

16    minutes.  Less than three minutes.  All these 

17    lives were changed.  All these grandsons, 

18    granddaughters, nieces, nephews, neighbors -- 

19    they'll never see those people again.  Three 

20    minutes.

21                 How could that be?  My kids are out 

22    of college now.  They're living out of town.  

23    They called in tears.  They want to know -- for 

24    me to explain what happened.  I can't explain to 

25    a 22-year-old what happened.  Because you can't 


                                                               3363

 1    explain it.  

 2                 The city is filled with tears.  You 

 3    couldn't hear a pin drop all of Saturday and all 

 4    of Sunday in Buffalo.  And while, you know, we 

 5    appreciate the gestures, the outreach, the 

 6    president coming, we'd rather we didn't have any 

 7    of it and this didn't happen.

 8                 And each time this happens, we 

 9    struggle to explain it, like I tried to explain 

10    to my kids.  You know, you want to say it's 

11    unexplainable.  I don't know how this happens in 

12    America.  But that's really not the truth.  It's 

13    really not the truth.  

14                 Because you know what happened in a 

15    historically Black church in Charleston in 2015?  

16    Black people were murdered because they were 

17    Black people.  Do you know what happened at a gay 

18    nightclub in Orlando in 2016?  People were 

19    murdered because they were gay.  Do you know what 

20    happened in Pittsburgh in 2018 at a synagogue?  

21    People were murdered for the sole fact that they 

22    were Jewish.  A Walmart in El Paso, Texas, in 

23    2019?  People were murdered because they were 

24    Mexican-American.  

25                 And now a supermarket in Buffalo in 


                                                               3364

 1    2022.  I don't know whether to yell or to cry.  

 2                 Who did this?  A man-child.  

 3    eighteen years old.  For the love of God, how 

 4    does an 18-year-old get this much hate in their 

 5    heart?  And how did they get an assault weapon?  

 6    They'd probably never been to Buffalo before.  

 7    They drove two and a half hours from their 

 8    bucolic country town because they were afraid of 

 9    Black people and minorities taking over the 

10    country.  And this 18-year-old man-child, he 

11    thought he had to respond to the call of action.

12                 Where does this call come from?  

13    It's all over our media.  Turn on Fox News, 

14    you'll hear it.  Go to any of the blogs, you'll 

15    hear it.  The replacement theory:  There's an 

16    elitist conspiracy taking place in America to 

17    have minorities replace white people.  You may 

18    laugh and say, Well, that's the craziest thing in 

19    the world.  Well, almost every one of those mass 

20    murderers I just read, they were fueled by that 

21    theory.

22                 How could it be?  How could it be 

23    that this is creeping its way through cable news 

24    and the internet -- now into mainstream 

25    right-wing political discourse?  Well, we all 


                                                               3365

 1    know about the replacement theory.  Well, that's 

 2    what happens when this thing goes to check.  So 

 3    who's to blame?  The 18-year-old gunman, that's 

 4    for sure.  

 5                 How about the gun industry, 

 6    convincing Americans, hey, maybe a really cool 

 7    thing to do is buy an AR-15.  Twenty years ago no 

 8    one had a gun like that in America.  Now they 

 9    mass market them.  Cheap guns.  Cheap Bushmaster 

10    guns.  Under a thousand dollars, you can buy a 

11    gun that can kill a whole supermarket full of 

12    people in three minutes.  

13                 The gun industry sells loads that 

14    are designed to maim and kill humans, to tear 

15    through their flesh.  These are not loads 

16    designed to take down a deer.  These are loads 

17    designed in a laboratory, in one of any of the 

18    ammunition manufacturers in America, to kill us.  

19    Not to kill a rabbit, not to kill a squirrel.

20                 How about the paramilitary industry?  

21    This kid looks like he was out of some special 

22    forces regiment.  Who sells Kevlar helmets to the 

23    American public?  Who sells armor-plated tactical 

24    gear?  In my lifetime that was only available 

25    under military license.  Now anybody with a 


                                                               3366

 1    crackpot conspiracy theory can go buy weapons of 

 2    war.  

 3                 And certainly we know the biggest 

 4    commercialization of this hateful rhetoric all 

 5    comes through cable news.  It comes through AM 

 6    radio.  Yesterday I was driving around, I turned 

 7    in a few times to AM radio to hear live updates.  

 8    And I didn't get a chance to turn my radio off 

 9    before the call-ins started, because my day would 

10    have been a lot better if I hadn't heard the 

11    call-ins.  

12                 Hardly any thoughts and prayers on 

13    local AM radio.  You know what they wanted to 

14    talk about?  They wanted to talk about the 

15    replacement theory.  That's what they wanted to 

16    talk about.  They didn't want to talk about the 

17    people who lost their lives.  They didn't want to 

18    talk of the people who didn't come home.  Not a 

19    lot of sympathy, not a lot of empathy.  But boy, 

20    were they pretty clear about what was going wrong 

21    in America.  

22                 Now, we can say this gunman didn't 

23    come from Buffalo, and that might give us some 

24    sort of salve on our wounds.  But those call-in 

25    shows that I heard all yesterday afternoon, they 


                                                               3367

 1    were just my friends and neighbors.  

 2                 So what's the call to action?  I 

 3    wish I had a real easy one.  But we all know it, 

 4    we all hear it.  We've all heard it through our 

 5    lifetimes, right?  You hear the off-color joke, 

 6    you hear the off-color comment, you hear the 

 7    people on cable news.  I might go on the same 

 8    AM radio program.  I'm not going on those 

 9    programs anymore.

10                 We're at a point in America where 

11    I'd like to say I don't want to be in the same 

12    category as El Paso and Pittsburgh.  So Buffalo's 

13    in there now.  And I'd love to stand in front of 

14    you to say this is it.  It will never happen 

15    again.  We're going to stop it.  

16                 But I'm despondent today.  I don't 

17    have any faith that we, as Broome County 

18    residents, as Erie County residents, that we are 

19    going to come together and actually stop this, 

20    that we're going to have the courage to stop 

21    this.  I don't have the confidence that we as 

22    New Yorkers come together.  

23                 And I don't have any confidence that 

24    we as Americans can come together and recognize 

25    that we're all American, that there are no 


                                                               3368

 1    others, outsiders, interlopers, people who should 

 2    not be given the full rights of the Constitution.  

 3    I don't think we're there.  I feel sorry for the 

 4    next city, the next town, the next church, the 

 5    next synagogue who has to go through the pain 

 6    that we're experiencing in Buffalo, New York.  

 7    And I tell you, I pray to God there is no next 

 8    city, but I wish in my intellectual brain that 

 9    I -- I wish that could be true.  But I don't find 

10    that to be true today.

11                 ACTING PRESIDENT MAYER:   Thank you, 

12    Senator Ryan.

13                 Senator Helming on the resolution.

14                 SENATOR HELMING:   Thank you, 

15    Madam President.

16                 Today I rise to express my outrage 

17    and my disgust over the horrific actions of a 

18    sick, evil person who murdered innocent, innocent 

19    people for no reason other than the color of 

20    their skin.

21                 It's got to stop.  The hatred, the 

22    evil, the picking out people because of their 

23    religious beliefs, their sexual orientation, 

24    their race.  It has got to stop, and we've got to 

25    take actions to move further in that direction.  


                                                               3369

 1                 But today I have to say that I am 

 2    still reeling from this whole tragedy -- not only 

 3    as a Senator but as a mother and a grandmother.  

 4    Today is my grandson's first birthday, and I 

 5    think of these families who are just shattered 

 6    now.  They've suffered a loss that I can't even 

 7    begin to imagine.

 8                 One of the victims that Senator 

 9    Kennedy mentioned was from Cayuga County, lives 

10    in the City of Auburn, a 53-year-old man by the 

11    name of Andre Mackniel, the father of a 

12    3-year-old son.  I think it was Senator Ryan who 

13    mentioned that Andre was at Tops picking up a 

14    birthday cake.  I'm telling you, I'm shaking 

15    standing here.  It makes me sick, sick.  His son 

16    is now going to grow up without a father.

17                 I think whether you're from Buffalo, 

18    whether you're from Auburn or whether you're from 

19    downstate -- the Bronx, Queens -- this hits too 

20    close to home for all of us, as parents, as 

21    grandparents, as sisters and brothers, as 

22    neighbors and friends.  Our collective community 

23    was attacked by terror, by hatred, and we mourn 

24    together.

25                 I really want to take a moment and 


                                                               3370

 1    thank all of the brave men and women who came to 

 2    aid their fellow citizens.  There are images that 

 3    have been all over the media showing -- I saw a 

 4    lot of photos showing law enforcement officers 

 5    comforting family members, wrapping their arms 

 6    around them and trying to do whatever they could 

 7    to aid their fellow citizens.  I want to thank 

 8    those police officers, the EMS workers, the 

 9    firefighters and the first responders who 

10    answered this call.

11                 There really are no words today that 

12    can heal the pain of this reality.  Today, 

13    though, we stand together with the victim's 

14    families and with the entire Buffalo community 

15    and all those who have been impacted by this 

16    horrific event.

17                 I know words aren't enough, and to 

18    say our thoughts and prayers are with them.  But 

19    prayers are meaningful to me, and my thoughts and 

20    prayers are with them.  And today we are all 

21    Buffalo strong.

22                 Thank you, Madam President.

23                 ACTING PRESIDENT MAYER:   Thank you, 

24    Senator Helming.

25                 Senator Lanza on the resolution.


                                                               3371

 1                 SENATOR LANZA:   Thank you, 

 2    Madam President.

 3                 I rise to speak on this resolution 

 4    brought to the floor by my good friend Senator 

 5    Kennedy.  My heart goes out to you and your 

 6    community.  

 7                 Of course the victims and their 

 8    families are and will continue to be in my 

 9    prayers.  I believe in the power of prayer, 

10    Madam President.  I think this is a good time for 

11    all of us in the State of New York to pray.

12                 I thought this was going to be 

13    simply that, a moment of reflection.  I suppose 

14    it's just too hard for people in politics to pass 

15    on the opportunity to speak in terms of politics.

16                 We could talk a lot about why things 

17    like this happen.  That are lot of factors.  At 

18    the end of the day, the murderer is a sick, lost, 

19    depraved, evil person.  And his evil has stuck a 

20    dagger through the heart of our state.

21                 There are a lot of societal 

22    influences and causes and problems and factors 

23    that make this more and more a possibility in our 

24    society.  But if we're going to talk about Fox, 

25    we should talk about CNN.  I didn't start this, 


                                                               3372

 1    but this is what I listen to.  

 2                 I see plenty of hate and division on 

 3    CNN.  I see it in schools, I see it in society.  

 4    It is on the internet, it is in politics, it is 

 5    in Congress, it is in the Senate, it is in 

 6    New York, it is in California, it is in Florida, 

 7    it is in Minnesota.

 8                 Martin Luther King, Dr. Martin 

 9    Luther King said the only way to defeat hate is 

10    with love.  It would be nice if we returned to 

11    those types of conversations.  In New York City, 

12    my beloved city, last year 500 people were 

13    murdered.  They were white, they were Black, they 

14    were Latino, they were Asian, they were gay, they 

15    were straight, they were Jewish, they were 

16    Muslim, they were Christian.  

17                 Are we really going to do this, 

18    Madam President?  Shouldn't we really look at the 

19    causes?  Shouldn't we start to teach our children 

20    that they are loved?  Shouldn't we teach them to 

21    love?  Isn't that the message that we adults, we 

22    elected officials should be imparting to the next 

23    generation?  

24                 I see it on Staten Island.  Kids are 

25    taught in school that they are hated or that they 


                                                               3373

 1    do hate.  And it's got to stop.  This is the 

 2    result of it.  White supremacy?  You've got to be 

 3    a moron, beyond being evil, to subscribe to that 

 4    sort of bias.  We all know that.  Hate of all 

 5    kinds, discrimination of all kinds is wrong and 

 6    evil.  

 7                 I promise, Madam President, I'm not 

 8    going to use this tragedy for the purpose of 

 9    getting elected or to advance the cause of anyone 

10    else getting elected.  Or for the cause of 

11    preventing someone from getting elected.  There 

12    are 10 lives that have been lost.  As Senator 

13    Kennedy pointed out, 10 souls.  And really the 

14    cause for all of this is hatred and evil.  And we 

15    could root it out, but we've got to come 

16    together.  We've got to join together.  There are 

17    plenty of things that it is appropriate for us to 

18    disagree on -- plenty.  And we should and we 

19    must.  But there are some things that we must 

20    unite.  And this is one of them.

21                 Tell those families that it's 

22    because of Fox News or CNN or this or that.  

23    That's great consolation, Madam President.  We 

24    all know in our hearts what the problem is.  The 

25    problem is the fact that we have allowed hate to 


                                                               3374

 1    really, across all lines, fester in society, sped 

 2    through the internet.  We've ignored the problems 

 3    that are right in front of our face.  

 4                 Madam President, I pray for the 

 5    victims of this crime.

 6                 ACTING PRESIDENT MAYER:   Thank you.

 7                 Senator Akshar on the resolution.

 8                 SENATOR AKSHAR:   Madam President, 

 9    thank you.  

10                 Senator Kennedy, Senator Ryan, on 

11    behalf of my family, my team, and all of my 

12    constituency back at home, we want to offer our 

13    condolences for the events as they transpired 

14    this Saturday.

15                 I want to call that event exactly 

16    what it was.  It was a cowardly act.  It was an 

17    act of domestic terrorism by, yes, a white 

18    supremacist, a violent extremist motivated by 

19    hate, motivated by racism.

20                 It's important that I rise today 

21    because not only do the people in this room now 

22    know, not only do the people across this great 

23    state now know -- people across the world know 

24    that the perpetrator of this crime came from my 

25    community, came from Broome County.  


                                                               3375

 1                 It's important that I rise to let my 

 2    colleagues in this room know and let New Yorkers 

 3    know and let people know across this globe, 

 4    frankly, that the actions of that young man in no 

 5    way reflect the people of Broome County.  In no 

 6    way do those actions reflect the people of the 

 7    Southern Tier.  

 8                 The people where I am from, we do 

 9    not care about the color of one's skin.  We do 

10    not care about one's religion, we don't care 

11    about their sexual orientation.  We are a 

12    community that loves one another.  Just like you 

13    do in Buffalo.  We are a community that cares 

14    about one another, just like you do in Buffalo.  

15    And as I said, we're a community that supports 

16    one another, just like you do in Buffalo.

17                 My distinguished colleague from 

18    Buffalo, Senator Ryan, you said "they" came 

19    from -- let us remind ourselves, it wasn't they 

20    came from, he came from that community.  But as I 

21    said, he doesn't reflect the people of the 

22    community that I so proudly represent.

23                 I think we have some options here.  

24    And it is truly my hope, Madam President, that we 

25    not continue down this path of right-wing this, 


                                                               3376

 1    left-wing that.  We don't continue down a path in 

 2    which we add fuel to the fire or we fan the 

 3    flames.  We don't allow this conversation to 

 4    become hyper-political.  That we allow this issue 

 5    to not divide us but, as Senator Lanza said, 

 6    unite us.  As colleagues in this august body, as 

 7    New Yorkers, that truly is my hope, is that we 

 8    can find some common ground around this issue to 

 9    ensure that this doesn't happen again.

10                 Senator Ryan, you mentioned many 

11    cities.  Binghamton is not immune to mass 

12    shootings.  In 2009, the American Civic 

13    Association, 13 people lost their lives then, 

14    long before I was elected, but a member of law 

15    enforcement.  So our community knows too how you 

16    feel.  

17                 But Madam President, it truly is my 

18    hope that we can unite around this issue and move 

19    the policy and move the discussion in a very 

20    positive way to help New Yorkers.

21                 And I'll repeat what Senator Lanza 

22    said.  I think now is the time for us all to do a 

23    little praying.  My prayer, of course, is that 

24    God will put His mighty and powerful hands on the 

25    people of Buffalo as you mourn.


                                                               3377

 1                 Madam President, thank you.

 2                 ACTING PRESIDENT MAYER:   Thank you, 

 3    Senator Akshar.

 4                 Senator Borrello on the resolution.

 5                 SENATOR BORRELLO:   Thank you, 

 6    Madam President.

 7                 I rise to share my condolences, my 

 8    support and my outrage with my fellow Western 

 9    New Yorkers.

10                 Senator Ryan, Senator Kennedy, thank 

11    you for speaking today.  We may disagree on some 

12    things, but I do know one thing.  Western 

13    New York is resilient.  And we are a close-knit 

14    community.  Even though I live 35, 40 miles away 

15    from the scene of this despicable act, I know 

16    people there.  A good friend of mine is actually 

17    a pharmacist for many years at that location.  

18    Thankfully she wasn't working that day.  But the 

19    pharmacist that was working was grazed by a 

20    bullet and is recovering now.

21                 It is a grim reminder that this can 

22    happen even in the City of Good Neighbors, even 

23    in a community like Western New York that is so 

24    strong.

25                 It's also a grim reminder that there 


                                                               3378

 1    is evil in this world.  We often try to explain 

 2    that away.  But that evil exists, and it festered 

 3    inside of this despicable human.  He drove for 

 4    hours, he got out of that car -- every moment an 

 5    opportunity to say to himself, I shouldn't be 

 6    doing this.  But he didn't.  His isolation, his 

 7    anger, his evil, it grew.  And the people on that 

 8    beautiful day in Buffalo suffered as a result.  

 9    As a community, Western New York suffers as a 

10    result.

11                 And that despicable human being is 

12    now in custody.  Thank God for law enforcement, 

13    for our first responders.  They put themselves in 

14    harm's way, as they always do.  I honestly only 

15    wish he would have pulled that trigger when he 

16    put that gun under his neck.  It would have saved 

17    us -- even though we wouldn't have gotten some 

18    answers, it would have saved a lot more grief, 

19    quite frankly.

20                 A retired police officer -- who 

21    probably knew at that moment that his life was 

22    going to come to an end -- did he turn tail and 

23    run?  No.  He fired shots at a man wearing armor 

24    that he knew would likely not strike, but he did 

25    it anyway, because he was going to do his part.  


                                                               3379

 1    And he is indeed a hero.

 2                 We as a society have devalued life.  

 3    We have allowed our children to be hateful, to 

 4    live in a virtual world.  And that is why this 

 5    evil has continued to fester.  And we can make 

 6    excuses and we can be political, but the reality 

 7    is that is what happened.  We've allowed them to 

 8    live in a virtual world where someone can die and 

 9    then, in a video game, be resurrected.  Or 

10    someone can listen over and over again to evil, 

11    despicable theories and suffer no consequence.  

12                 We live in a world, quite frankly, 

13    where we have ignored, because we are concerned, 

14    that great need to address those with violent 

15    mental illness and tendencies.  We've shut down 

16    hospitals to deal with that, and we've shut down 

17    observation beds.  We've actually said we don't 

18    want to give mental health professionals the 

19    opportunity to take a little more time to 

20    evaluate someone to see if they are dangerous 

21    enough that they should be held.  

22                 We want to place blame, but the 

23    reality is evil exists.  And until we recognize 

24    the fact that we are allowing that evil to 

25    fester, this will not come to an end.


                                                               3380

 1                 My friends and neighbors in 

 2    Western New York, we will do as we always do:  We 

 3    will rally.  We will set aside our differences 

 4    and we will help one another.  That's already 

 5    happening.  We've seen that.  It will continue.  

 6    That is the community that Western New York is, 

 7    and I'm proud to be part of that community.  

 8    Regardless of my political affiliations and my 

 9    political philosophies, I am proud to stand here 

10    as a fellow Western New Yorker.

11                 So, Madam President, we move forward 

12    now.  The pain that drives us I hope will help 

13    lead us to a better future.

14                 Thank you.

15                 ACTING PRESIDENT MAYER:   Thank you, 

16    Senator Borrello.

17                 Senator Bailey on the resolution.

18                 SENATOR BAILEY:   Thank you, 

19    Madam President.  

20                 James Baldwin famously said to be 

21    Black and to be semiconscious in America is to be 

22    in a constant state of rage.  Let me say that 

23    again to you:  To be in a constant state of rage.  

24                 My rage is pointed in many 

25    directions.  To the coward white supremacist and 


                                                               3381

 1    the beliefs that he holds that are espoused by 

 2    many people, my rage sits squarely with him.  My 

 3    rage sits for those who want to pontificate about 

 4    what this is and what it's not, for a YouTube 

 5    clip or 15 likes on your Twitter or your 

 6    Instagram.  

 7                 Do you think the families of those 

 8    victims give a damn about your Twitter or 

 9    Instagram right now?  You think they care?  You 

10    think they care about being -- you know what they 

11    think of right now, Madam President, what I 

12    believe they think?  Their family members or 

13    friends or loved ones went to a supermarket, a 

14    supermarket -- add that to the list of sitting on 

15    your couch doing nothing, going for a jog, you 

16    know, driving, walking -- just a typical day of 

17    being black in America.  Just a typical day.  

18                 Add that to the list of questions 

19    that your kids ask you.  Is it safe to go there, 

20    Dad?  Can we go to places like that?  Can we go 

21    to ShopRite now?  Can we go to Fairway, Dad?  

22    Will they do that to us?

23                 To be black and to be semiconscious 

24    in America is to be in a constant state of rage.  

25    I am enraged for my friends in Western New York.  


                                                               3382

 1    I've spoken to Tim Kennedy probably a hundred 

 2    times on the telephone, and I've never heard his 

 3    voice like I heard it on Saturday.  Frustrated, 

 4    confused, sad, not knowing what was next.  My 

 5    heart aches for you, Tim, and for you, Sean, and 

 6    for all of Western New York.  

 7                 This is one of these scenarios where 

 8    if you're really going to talk about let it be a 

 9    teachable moment or a pivotal moment in our 

10    society, that I want to make sure we commend the 

11    courage of people who are not afraid of what this 

12    was, a white supremacy -- thank you, 

13    Senator Akshar.  Thank you.  Because some people 

14    like to dance around what it was.  That's white 

15    supremacy, folks.  Call it what you want, but 

16    that's what it was.  

17                 This is not about your political 

18    affiliation.  It's not about what you believe who 

19    should be where in office.  This is about 

20    400-plus years of the constant and consistent 

21    devaluation of Black life in this country.  

22    Period.  

23                 (Thunder clap.)

24                 SENATOR BAILEY:   God speaks to us.

25                 (Members react.)


                                                               3383

 1                 SENATOR KENNEDY:   That's right.  

 2    That's right.

 3                 SENATOR BAILEY:   God moves.

 4                 SENATOR KENNEDY:   That's right.

 5                 SENATOR BAILEY:   God moves.

 6                 SENATOR KENNEDY:   That's right.

 7                 SENATOR BAILEY:   I am a man of 

 8    faith, and I believe that coincidence does not 

 9    happen when it's supposed to happen.  It's 

10    supposed to happen when it's supposed to happen, 

11    and the thunder that rolls through this very 

12    chamber right now was giving us a message.

13                 SENATOR KENNEDY:   Got it.

14                 SENATOR BAILEY:   It's telling us 

15    that in the unofficial Black national anthem of 

16    "Lift Every Voice and Sing," if we lift every 

17    voice and sing, that is the way we propel things, 

18    not the Democratic voice and sing, not the 

19    Republican voice and sing, not the Western 

20    New York or the Hudson Valley or the New York 

21    City or Westchester County voice and sing.  This 

22    is every voice and sing.

23                 So if we're going to do it, let's do 

24    it.  I look forward to that day that Dr. King 

25    dreamed of in 1968 where he talked about our 


                                                               3384

 1    children being able to walk as one.

 2                 I am prayerful for the families that 

 3    we've lost.  And I hope that I can take this 

 4    crystal ball that we have and see that this won't 

 5    happen again.

 6                 But until we're unafraid to address 

 7    our fears, until we're comfortable with being 

 8    uncomfortable, my crystal ball says this might 

 9    not be the last time.  There's 63 of us in this 

10    chamber.  We have a job to do.  I plan on doing 

11    it.  

12                 God bless the souls of the faithful 

13    departed.

14                 ACTING PRESIDENT MAYER:   Thank you, 

15    Senator Bailey.

16                 Senator Rath on the resolution.

17                 SENATOR RATH:   Thank you, 

18    Madam President.  

19                 Two days ago evil, wicked hatred and 

20    racism affected our hometown of Buffalo, 

21    New York.  I look at my colleagues who are fellow 

22    Buffalonians, and our hearts were broken.  It's 

23    one of the days that we'll all remember where we 

24    were at the exact moment that we got the news.  

25    "State of shock" is an understatement to how this 


                                                               3385

 1    impacted our community, how it's going to impact 

 2    each and every of us in our community and 

 3    everyone in the state for a very, very long time.

 4                 My prayers are with the victims.  My 

 5    prayers are with the families.  My prayers are 

 6    with all those affected.  And my prayers haven't 

 7    stopped.  They haven't stopped in two days.

 8                 They call Buffalo the City of Good 

 9    Neighbors.  It absolutely is.  But it's not just 

10    Buffalo that's the City of Good Neighbors; 

11    Western New York is a community of good 

12    neighbors.  We are all unified.  Not in partisan 

13    politics, we're all unified as fellow Western 

14    New Yorkers.  Senator Kennedy, Senator Ryan, we 

15    joked about that in the past, how we're Western 

16    New Yorkers first.  And this shattered our 

17    hearts, shocked our communities.  

18                 And with this incredible news 

19    there's an opportunity for love.  There's an 

20    opportunity for unity.  There's an opportunity 

21    for us to all come together and look beyond 

22    whatever partisanship might be out there to lift 

23    up our Western New York community at a time when 

24    our communities need to be lifted up more so than 

25    ever.  This is arguably the darkest day in 


                                                               3386

 1    Buffalo history, which makes it the darkest day 

 2    in Western New York history.

 3                 We are saddened beyond belief.  We 

 4    are broken and we're looking for answers.  

 5                 Together, I call on each and every 

 6    one of my colleagues here in the State Senate for 

 7    unity, love and us working together to root out 

 8    hatred, to root out evil and to root out all 

 9    these negative forces in our society.  In my 

10    heart, I know we can do this.  I believe we can 

11    do this, and we must.

12                 Thank you, Madam President.

13                 ACTING PRESIDENT MAYER:   Thank you, 

14    Senator Rath.

15                 Leader Ortt on the resolution.

16                 SENATOR ORTT:   Thank you, 

17    Madam President.

18                 It's always tougher when you go 

19    towards the end because a lot of things have been 

20    said and I think said quite well by all of my 

21    colleagues.  

22                 I want to thank Senator Kennedy for 

23    bringing the resolution.  I just wish he didn't 

24    have to.  

25                 Very often we'll get up here and 


                                                               3387

 1    we'll talk about resolutions, we'll talk about 

 2    bills, and we're speaking in general terms or 

 3    we're speaking in abstract terms because we're 

 4    talking about people sometimes that we don't know 

 5    or we're talking about situations that we're 

 6    unfamiliar with but we may have a strong belief 

 7    or passion on.  

 8                 For Senator Kennedy, that was not 

 9    the case on Saturday.  His staff member's son was 

10    in that grocery store.  Now, we all have staff 

11    and we all know if you're an elected official 

12    worth your salt, your staff is really an 

13    extension of your family.  Sometimes you see them 

14    more than your family.  And I can only imagine 

15    what was going through Senator Kennedy's head, 

16    his heart.  And I can only imagine the sense of 

17    relief, however tragic, that his staff member's 

18    son made it out alive even though 10 other people 

19    did not.  

20                 And I'm sure there are people in 

21    that store for the rest of their lives who will 

22    always wonder why I got out and someone else 

23    didn't.  That's a real -- trust me, that is what 

24    will go through their mind.  It may not be 

25    tomorrow, it might be 10 years from now.  


                                                               3388

 1                 I wish I could unequivocally sit 

 2    here and say this is what we need to do.  I, for 

 3    one, can't.  I have ideas, I have thoughts on 

 4    what we should do, what we could have done.  But 

 5    I don't know that that would have prevented what 

 6    happened.  My feeling is if it was that simple, 

 7    it might have been done already.  

 8                 And no doubt there will be a time we 

 9    have an opportunity to do some good out of 

10    tragedies like this.  And there will be a time 

11    for political debate, for policy debate, for what 

12    the right thing to do.  But we can't shy away 

13    from what we saw on Saturday.  When you think of 

14    the hate, to drive three hours to go kill people 

15    you'd never met.  When you're 18 years old.  

16    That's supposed to be the start of your life.  

17    Everything's in front of you.  Not the case for 

18    this young man.  

19                 And I know when we have tragedies 

20    like this, grief demands an answer.  And very 

21    often the answer isn't satisfying enough.  If the 

22    shooter had come out and he had been the devil 

23    himself, Satan incarnate, maybe that would have 

24    satisfied us.  But it's not.  It's an 18-year-old 

25    kid, by most standards.  An adult, but a kid.  An 


                                                               3389

 1    18-year-old kid with that much hate at 18, 

 2    subscribing to an intellectually vapid, 

 3    completely ridiculous, debunked theory that we 

 4    thought had been thrown in the dustbin of 

 5    history.  

 6                 But there's corners of the world 

 7    where hate will always fester, like a virus.  In 

 8    dark corners on the web, in dark chat rooms, in 

 9    the recesses of his own mind -- and maybe other 

10    places that we don't know -- that hate grew and 

11    was festered.  And there will be a time and a 

12    place to talk about what we can do about that, 

13    and I think we as elected leaders have an 

14    obligation to have that dialogue.  

15                 But I'm not going to have it here, 

16    because this is a somber event where we're trying 

17    to remember the 10 people who didn't come out of 

18    that grocery store, the 10 people whose lives 

19    ended because they went grocery shopping.  Or, in 

20    the case of one individual, Aaron Salter, who 

21    lived in Lockport, in my district, because he 

22    went to work.  

23                 A retired Buffalo police officer, he 

24    probably thought, after being a retired cop in 

25    Buffalo, that the most dangerous days of his life 


                                                               3390

 1    were behind him.  But true to his training, and 

 2    true to the ethos of our law enforcement -- and 

 3    it gives me no pleasure to say this, but he died 

 4    a hero trying to protect the people in that 

 5    store.  

 6                 And I want to thank the law 

 7    enforcement who did show up that day, very 

 8    quickly, because we know that this individual's 

 9    rampage was not meant to end at 10 people in 

10    Tops.  We know that he intended to go down the 

11    street into the neighborhood to kill more people, 

12    so powerful was his hate.  

13                 So to the people of Buffalo and 

14    Western New York, our hearts are heavy.  Not only 

15    if you're from Western New York, if you're from 

16    New York, if you're an American.  

17                 To the families, I think it was said 

18    by Senator Bailey, they don't care about the 

19    politics or the TikTok video or the press 

20    release.  None of it brings back their loved one.  

21    None of it makes it okay.  None of it explains 

22    it.  And I fear that we will fall short in that 

23    task anyways, but we have to try, no doubt.  

24                 So, Madam President, on behalf of 

25    myself and our conference, I certainly extend our 


                                                               3391

 1    deepest condolences, our prayers to the families 

 2    who lost their loved ones that day.  May they 

 3    rest in peace, and may they not have died in 

 4    vain.  

 5                 Thank you.  

 6                 ACTING PRESIDENT MAYER:   Thank you, 

 7    Senator Ortt.

 8                 Majority Leader Stewart-Cousins on 

 9    the resolution.

10                 SENATOR STEWART-COUSINS:   Thank 

11    you, Madam President.

12                 You know, I -- this is such a hard 

13    thing.  And my heart goes out to Senator Kennedy, 

14    Senator Ryan, all of my colleagues in Western 

15    New York, all of my colleagues who woke up in the 

16    skin we're in when once again we were reminded 

17    that just being can be perilous.  

18                 Nobody -- nobody can take away the 

19    pain of those families, the community, Western 

20    New York.  The condolences, the prayers, they 

21    will help.  No, the families don't care about 

22    tweeting and politics.  But they do care, I'm 

23    sure, that we prove that their loved ones did not 

24    die in vain because we actually did do something 

25    different -- learned something from what rhetoric 


                                                               3392

 1    can do, understand that each of us have a role to 

 2    play in creating a society that is indeed 

 3    respectful.  

 4                 Stop pretending that this is one 

 5    thing here and everything else is fine.  All 

 6    these -- this is one isolated and everything -- 

 7    no, it's not.  It's not.  It's not.  We all love 

 8    our neighbors, but it's everybody else that may 

 9    be a suspect, may be harmful.  We've got to be 

10    afraid.  

11                 And now it's amplified.  It used to 

12    be kind of embarrassing, but now it's not.  Now 

13    you're out there and you could say anything and 

14    it's okay and you get more likes and more tweets 

15    and more publicity.  And people who are spouting 

16    these theories actually are really high-rated.  

17    People are listening.  They're listening.  People 

18    are winning and losing because they are saying 

19    these things.  

20                 People don't want to be political 

21    about it, but the only way you seem to be winning 

22    in politics these days is by espousing hate and 

23    fear and what do we do to stop those people from 

24    those people?  That's what we're doing.

25                 And yeah, all of a sudden we wake up 


                                                               3393

 1    in our neighborhoods.  It's amazing how many 

 2    people are impacted, people whose employees -- 

 3    people who lived in different places, people who 

 4    worked in -- people who came from different 

 5    places.  We're New York, and we are supposed to 

 6    be, you know, on another level.  And guess what?  

 7    We're not.  We're just like everybody else.  

 8                 But we know that even though we 

 9    don't want to have these conversations, it's 

10    things like this that actually spark these 

11    conversations.  Where for a brief moment, maybe, 

12    we open our hearts and our minds and say, Wait a 

13    minute -- is truth that scary?  Is understanding 

14    the history of this great country that scary?  

15    Even if it doesn't depict everybody in the best 

16    light, it doesn't mean that we've done everything 

17    wrong.  

18                 But we have to be able to say that 

19    there were things that happened that place us in 

20    places where we may not want to be, but if we 

21    continue to pretend that it's not a problem and 

22    we continue to elevate voices that exacerbate 

23    fear and ignorance and hatred because we can win 

24    a race or two, we will find that each and every 

25    one of us will have incidents like this.  And 


                                                               3394

 1    suddenly this American dream, inspired by an 

 2    enlightened Constitution that brought all of us 

 3    as far as we've come, will mean nothing.  

 4    Nothing.

 5                 I am sorry that we're having this 

 6    conversation because of these tragic loss of 

 7    lives.  I'm sorry that we're compelled to 

 8    confront white supremacy, racism, hatred on the 

 9    backs of those you love in your communities.  But 

10    if we in this day aren't willing to look very 

11    clearly at a role that we can play, going 

12    forward, to reset, to think twice, to roll back, 

13    to stop -- and to be again from a period that 

14    honors the sacrifice of these 10 souls.  

15                 Madam President, I think we are 

16    ready for our moment of silence.  And I pray that 

17    we as a body continue to make an example of who 

18    we can be, not only as politicians but as real 

19    public servants, making this a New York that 

20    leads in bringing people together.

21                 (Whereupon, the assemblage rose and 

22    respected a moment of silence.)

23                 ACTING PRESIDENT MAYER:   Senator 

24    Gianaris, the question is on the resolution.  All 

25    those in favor signify by saying aye.


                                                               3395

 1                 (Response of "Aye.")

 2                 ACTING PRESIDENT MAYER:   Opposed, 

 3    nay.

 4                 (No response.)

 5                 ACTING PRESIDENT MAYER:   The 

 6    resolution is adopted.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Thank you, 

 9    Madam President.

10                 Thank you to all my colleagues for 

11    engaging in what was undoubtedly a very difficult 

12    and emotional conversation.  And thank you, of 

13    course, to our leader for her always appropriate 

14    remarks.

15                 All right, can we now move on to the 

16    next resolution.  Please take up previously 

17    adopted Resolution 1647, by Senator Cooney, read 

18    its title only, and recognize Senator Cooney.

19                 ACTING PRESIDENT MAYER:   The 

20    Secretary will read.

21                 THE SECRETARY:   Senate Resolution 

22    1647, by Senator Cooney, mourning the death of 

23    George R. Miles, Sr., meritorious veteran, 

24    distinguished citizen and devoted member of his 

25    community.


                                                               3396

 1                 ACTING PRESIDENT MAYER:   Senator 

 2    Cooney on the resolution.

 3                 SENATOR COONEY:   Thank you, 

 4    Madam President.

 5                 I walked into this Senate chamber 

 6    with a heavy heart, with Buffalo on our mind, 

 7    because we of course have just recounted how 

 8    difficult this is and how we've broken the 

 9    promise of America.  

10                 And I've been thinking about all of 

11    those who have come before today and all of those 

12    who have fought bravely to make sure that we can 

13    live in this country, we can have these types of 

14    important conversations and civic dialogue.

15                 And today, Madam President, I'd like 

16    to recognize a member of my community, a 

17    well-respected Rochesterian and gentleman, 

18    tireless of faith and dedication, whose life of 

19    public service and accomplishments continue to 

20    serve as an inspiration for others.

21                 A resident of the Town of Greece, 

22    George R. Miles, Sr., proudly served our country 

23    as a member of the United States Army and 

24    National Guard for 35 years.  While serving with 

25    the military, George had the distinct honor of 


                                                               3397

 1    protecting the national Capitol as a member of 

 2    the "Old Guard."  He was also assigned to the 

 3    Honor Guard for President Truman, as well as to 

 4    guard the Tomb of the Unknown Soldier.  

 5                 During the Korean War, George was 

 6    deployed to East Asia with the 1st Cavalry 

 7    Division, C Company Infantry of the 7th Cavalry 

 8    Regiment.  And while serving on the front lines, 

 9    his company was pinned down by enemy fire.  He 

10    risked his life to help protect a fellow soldier 

11    from being hit.  George was injured by a shell 

12    blast in the process and was taken to the local 

13    MASH unit.  

14                 This is a story which is worth 

15    telling on this Senate floor, because it's 

16    absolutely incredible.  In that moment, George 

17    believed he had seen divine intervention, because 

18    the hospital he was taken to just happened to be 

19    where his brother, who he had grown up separately 

20    from, in different foster homes, was also taken.  

21    And they were reunited there after a fellow 

22    corpsman noticed they had the same last name.  

23    Neither even know knew each other was in the 

24    Army.

25                 Perhaps even more incredibly, 


                                                               3398

 1    George's brother, Dick, was in the same division 

 2    as he and was part of the company that was asked 

 3    to provide supporting fire for George's company, 

 4    leading up to the incident that sent him to the 

 5    hospital.  While they were both not discharged at 

 6    the same time, the brothers remained close and 

 7    were both awarded Purple Hearts, back in 

 8    Rochester, for their service.

 9                 George continued his commitment to 

10    public service, employed by the great City of 

11    Rochester for 30 years, and was an active member 

12    of several communities of faith.

13                 Today would have been George's 90th 

14    birthday, and his daughter Joanne shared with me 

15    that she and his family believe he is with us 

16    today in spirit, looking down with his beaming 

17    smile, and that the strength of his spirit can be 

18    felt as we honor his life today.  

19                 His family was not able to attend in 

20    person, but his children are watching via 

21    livestream, and I'm thankful for their help in 

22    sharing this important story with all of us.  

23                 May we work to honor and keep the 

24    freedoms that he and so many others have fought 

25    to preserve over their lifetimes to our great 


                                                               3399

 1    nation.

 2                 Thank you, Madam President.

 3                 ACTING PRESIDENT MAYER:   Thank you, 

 4    Senator Cooney.

 5                 The resolution was previously 

 6    adopted on January 19th.

 7                 Senator Gianaris.  Oh, Senator 

 8    Serrano.

 9                 SENATOR SERRANO:   Thank you.  At 

10    the request of the sponsor, the resolution is 

11    open for cosponsorship.

12                 ACTING PRESIDENT MAYER:   The 

13    resolution is open for cosponsorship.  Should you 

14    choose not to be a cosponsor of the resolution, 

15    please notify the desk.

16                 Senator Serrano.

17                 SENATOR SERRANO:   Thank you.  

18                 Please call on Senator Cooney for an 

19    introduction.

20                 ACTING PRESIDENT MAYER:   Senator 

21    Cooney.

22                 SENATOR COONEY:   Thank you, 

23    Madam President.  I'm getting my workout in here 

24    today.

25                 (Laughter.)


                                                               3400

 1                 SENATOR COONEY:   I'd like to 

 2    introduce a number of guests that are visiting 

 3    the Senate today from the Coalition of 

 4    Asian-American IPAs.  May, of course, is 

 5    AAPI Month, and as a member of the AAPI 

 6    community, I am honored to highlight the work of 

 7    this organization that has both regional and 

 8    statewide impact, CAIPA.

 9                 CAIPA's mission is to unite top 

10    healthcare professionals in providing 

11    high-quality care while utilizing the most 

12    cost-effective approach and enhancing the 

13    interests of relevant stakeholders in the public 

14    and private sectors.  They strive to be a thought 

15    leader in delivering quality and affordable 

16    healthcare to meet the challenges of 

17    Asian-American health disparities in the great 

18    State of New York and its metropolitan area of 

19    New York City and expanding regions.

20                 CAIPA takes pride in its provider 

21    network, with over 1,000 private practices and 

22    over 70 specialties.  They help deliver medical 

23    services and care to approximately a half-million 

24    Asian New Yorkers.

25                 Joining us today is Dr. George Liu, 


                                                               3401

 1    president and CEO; Peggy Sheng, chief operating 

 2    officer; Shirley Huang, director of public 

 3    relations; and Eliza Ng, chief medical officer.

 4                 Please join me in welcoming CAIPA 

 5    and thanking these members for their service to 

 6    ensuring quality healthcare and addressing 

 7    Asian-American health needs in New York.

 8                 ACTING PRESIDENT MAYER:   Thank you, 

 9    Senator Cooney.

10                 To our guests, I welcome you on 

11    behalf of the Senate.  We extend to you the 

12    privileges and courtesies of this house.  We 

13    recognize you here today.

14                 (Standing ovation.)

15                 ACTING PRESIDENT MAYER:   Senator 

16    Gianaris.  

17                 SENATOR GIANARIS:   At this time can 

18    we take up the reading of the calendar, please.

19                 ACTING PRESIDENT MAYER:   The 

20    Secretary will read.

21                 THE SECRETARY:   Calendar Number 2, 

22    Senate Print 284C, by Senator Myrie, an act to 

23    amend the Election Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               3402

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect January 1, 2023.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Borrello to explain his vote.

 8                 SENATOR BORRELLO:   Thank you, 

 9    Madam President.  

10                 Certainly I have déjà vu again.  I 

11    did debate this bill with Senator Myrie, and I 

12    expressed my extreme concerns with the idea of 

13    letting someone vote somewhere where they are not 

14    actually registered to vote.  

15                 Because the discussion was on 

16    disenfranchising people, and as I said then, I 

17    think a bigger disenfranchisement would be having 

18    a ballot thrown out because you voted somewhere 

19    and voted for people on the ballot that you 

20    aren't allowed to vote for because you don't live 

21    in that community.  

22                 Senator Myrie said 14,000 people 

23    showed up at the wrong polling place last year, 

24    and I imagine most of those people went to the 

25    right polling place.  Now no one's going to tell 


                                                               3403

 1    those people that their ballot may not count, 

 2    that the votes they cast may not count should 

 3    they fill this out entirely, even for those folks 

 4    that they are not entitled to vote for.

 5                 That concerns me.  It's confusing, 

 6    and in the end I don't think we're doing a 

 7    service to our communities and certainly not to 

 8    the voters.  We have 10 days of voting in every 

 9    election.  That, to me, is a better solution than 

10    essentially deceiving someone that they may 

11    actually be voting in the right place for the 

12    wrong person.

13                 Thank you.

14                 ACTING PRESIDENT MAYER:   Senator 

15    Borrello to be recorded in the negative.

16                 Announce the results.

17                 THE SECRETARY:   In relation to 

18    Calendar Number 2, those Senators voting in the 

19    negative are Senators Akshar, Borrello, Boyle, 

20    Gallivan, Griffo, Helming, Jordan, Lanza, 

21    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

22    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

23    Weik.

24                 Ayes, 41.  Nays, 20.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               3404

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    116, Assembly Print Number 8136B, by 

 4    Assemblymember Paulin, an act to amend the 

 5    Public Health Law and the General Business Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Senator 

14    Reichlin-Melnick to explain his vote.

15                 SENATOR REICHLIN-MELNICK:   Thank 

16    you very much, Madam President.

17                 This will be a brief explanation, 

18    because frankly this is a commonsense bill which 

19    we have passed in the past, but it looks like the 

20    Assembly is finally going to move it.  

21                 Because for too many years, parents 

22    would send their kids to camps, and most people 

23    assume that if you send your kid to camp, that 

24    the counselors have gone through a background 

25    check, that the camp has had to make sure they're 


                                                               3405

 1    not on the sex offender registry, and anything 

 2    else that might keep your kids safe.  

 3                 And yet thousands and thousands of 

 4    kids in New York attend unregulated, unregistered 

 5    camps.  And these are usually single-purpose 

 6    camps.  It could be a soccer clinic for a few 

 7    weeks over the summer.  It could be, you know, a 

 8    baseball camp, it could be a chess camp, anything 

 9    like that.  But the reality of the current law is 

10    that the counselors and the adults who are 

11    interacting with kids in those camps do not have 

12    to be screened whether or not they are on the sex 

13    offender registry.

14                 So this bill that we're passing 

15    today will require that for the first time, that 

16    no matter whether it's a registered or an 

17    unregistered camp in New York State, an employee 

18    of that camp, a counselor, will need to be 

19    screened to make sure they're not on the sex 

20    offender registry, of course, and make sure that 

21    our kids are safe.

22                 So I'm grateful to the Majority 

23    Leader for bringing it to the floor, and I 

24    proudly support this bill.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               3406

 1    Reichlin-Melnick to be recorded in the 

 2    affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   Ayes, 61.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    123, Senate Print 23B, by Senator Kaplan, an act 

 9    to amend the State Finance Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect April 1, 2023.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 61.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    129, Senate Print 244B, by Senator Mayer, an act 

24    to amend the General Business Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               3407

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect one year after it shall 

 4    have become a law.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 61.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    412, Senate Print 1078B, by Senator Gounardes, an 

15    act to amend the Vehicle and Traffic Law.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect on the 180th day after it 

20    shall have become a law.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               3408

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    414, Senate Print 6202, by Senator Kennedy, an 

 6    act to amend the Vehicle and Traffic Law and the 

 7    Insurance Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 7.  This 

11    act shall take effect on the 180th day after it 

12    shall have become a law.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 414, those Senators voting in the 

20    negative are Senators Akshar, Boyle, Gallivan, 

21    Griffo, Jordan, Lanza, Oberacker, O'Mara, Ortt, 

22    Palumbo, Rath, Ritchie, Stec, Tedisco and Weik.  

23                 Ayes, 46.  Nays, 15.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.  


                                                               3409

 1                 THE SECRETARY:   Calendar Number 

 2    483, Senate Print 7610B, by Senator Gaughran, an 

 3    act in relation to permitting India Pentecostal 

 4    Assembly, Inc., to file an application for real 

 5    property tax exemption.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar Number 483, those Senators voting in the 

17    negative are Senators Akshar and O'Mara.

18                 Ayes, 59.  Nays, 2.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Senator Brooks, 

22    from the Committee on Local Government --

23                 ACTING PRESIDENT MAYER:   There is a 

24    substitution at the desk.

25                 The Secretary will read.


                                                               3410

 1                 THE SECRETARY:   Senator Brooks 

 2    moves to discharge, from the Committee on Local 

 3    Government, Assembly Bill Number 9307A and 

 4    substitute it for the identical Senate Bill 

 5    7864A, Third Reading Calendar 485.

 6                 ACTING PRESIDENT MAYER:   The 

 7    substitution is so ordered.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    485, Assembly Print Number 9307A, by 

11    Assemblymember Griffin, an act to amend the 

12    General Municipal Law and the Public Authorities 

13    Law.

14                 SENATOR GIANARIS:   Lay it aside for 

15    the day, please.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is laid aside for the day.

18                 THE SECRETARY:   Calendar Number 

19    513, Assembly Print Number 187, by 

20    Assemblymember Gottfried, an act to amend the 

21    Social Services Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 3.  This 

25    act shall take effect on the 120th day after it 


                                                               3411

 1    shall have become a law.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    514, Senate Print 559, by Senator Harckham, an 

12    act in relation to determining whether the state 

13    can claim federal financial participation for 

14    coverage and payment for certain prescription 

15    digital therapeutics.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 61.


                                                               3412

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    520, Senate Print 968A, by Senator Gaughran, an 

 5    act to amend the Public Authorities Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 61.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    530, Senate Print 5648, by Senator Parker, an act 

20    to amend the Mental Hygiene Law.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               3413

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 61.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    522, Senate Print 7672, by Senator Brouk, an act 

10    to amend the Mental Hygiene Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 61.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    540, Senate Print 7107B, by Senator Mannion, an 

25    act to amend the Mental Hygiene Law.


                                                               3414

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect 90 days from the date that 

 5    the regulations issued.  

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 61.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    584, Senate Print 554A, by Senator May, an act to 

16    amend the Elder Law and the Economic Development 

17    Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

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

22    shall have become a law.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               3415

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 61.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    630, Senate Print 4529, by Senator Harckham, an 

 8    act to amend the Vehicle and Traffic Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect on the 180th day after it 

13    shall have become a law.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 630, those Senators voting in the 

21    negative are Senators Borrello, Felder, Gallivan, 

22    Griffo, Jordan, Oberacker, Ortt and Skoufis.

23                 Ayes, 53.  Nays, 8.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               3416

 1                 THE SECRETARY:   Calendar Number 

 2    632, Senate Print 5130, by Senator Kennedy, an 

 3    act to amend the Highway Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 3.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 632, those Senators voting in the 

15    negative are Senators Akshar, Borrello, Boyle, 

16    Gallivan, Griffo, Helming, Jordan, Lanza, 

17    Martucci, Mattera, O'Mara, Ortt, Palumbo, Rath, 

18    Ritchie, Serino, Stec, Tedisco and Weik.  Also 

19    Senator Oberacker.

20                 Ayes, 41.  Nays, 20.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    713, Senate Print 5237C, by Senator Gaughran, an 

25    act to amend the Public Authorities Law.


                                                               3417

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect on the 120th day after it 

 5    shall have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 61.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    767, Senate Print 8134, by Senator Breslin, an 

16    act to amend the Insurance Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

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

21    shall have become a law.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               3418

 1    the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    775, Senate Print 52A, by Senator Kaplan, an act 

 7    relating to establishing the Nassau County and 

 8    Queens County Border Task Force.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 8.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 775, voting in the negative:  

20    Senator Akshar.

21                 Ayes, 60.  Nays, 1.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    800, Assembly Print Number 9785, by 


                                                               3419

 1    Assemblymember Gunther, an act to amend the 

 2    Public Authorities Law.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 61.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    801, Senate Print 1231A, by Senator Gianaris, an 

17    act to amend the General Municipal Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect on the first of January.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               3420

 1    the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    811, Senate Print 7912, by Senator Mannion, an 

 7    act to amend the State Technology Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect on the 180th day after it 

12    shall have become a law.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 61.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    822, Senate Print 7859A, by Senator Ramos, an act 

23    to amend the Public Housing Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               3421

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect on the first of January.  

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    853, Senate Print 1409B, by Senator Rivera, an 

13    act to amend the Public Health Law.

14                 SENATOR GIANARIS:   Lay it aside for 

15    the day.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is laid aside for the day.

18                 THE SECRETARY:   Calendar Number 

19    860, Senate Print 4412A, by Senator May, an act 

20    to amend the Elder Law.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               3422

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 61.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    862, Senate Print 5084C, by Senator Harckham, an 

10    act to amend the Mental Hygiene Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 12.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Senator 

19    Harckham to explain his vote.

20                 SENATOR HARCKHAM:   Thank you, 

21    Madam President.

22                 This has certainly been a very bleak 

23    day for all of us, and yet our work must go on.  

24                 We are in the midst of the worst 

25    overdose crisis this nation has ever faced.  


                                                               3423

 1    We're on pace for over 108,000 fatalities, a 

 2    million in the last 10 years.  And while we 

 3    appreciate the Governor and the Attorney General 

 4    providing extra resources to the battle, we will 

 5    not be saving lives if we're pouring resources 

 6    into a system that is not treating our patient 

 7    population with integrated care.

 8                 Seventy percent of people who 

 9    present with substance use disorder have an 

10    underlying mental health disorder, 90 percent 

11    when they present in crisis.  One study showed 

12    50 percent of people who present with mental 

13    illness also have underlying substance use 

14    disorders.

15                 The point of all this is we have two 

16    siloed systems, OASAS and OMH, two separate 

17    funding streams, two separate bureaucracies for 

18    families to navigate -- two separate sets of 

19    books, two separate sets of rules, and two 

20    separate sets of doors, literally, even for the 

21    same clinic.  If they have a dual license, you 

22    still need to go into a separate entrance to get 

23    mental health treatment.  

24                 Aside from being stigmatizing, that 

25    does not work.  Not a week goes by that I don't 


                                                               3424

 1    get a call from a family who's lost a loved one 

 2    who said that their family member was in and out 

 3    of treatment six, seven, eight, nine times, but 

 4    because they never treated their underlying 

 5    mental health disorder, they kept self-medicating 

 6    until finally fentanyl caught up with them in 

 7    fentanyl roulette.

 8                 So this bill will break down the 

 9    barriers, it will break down the silos, it will 

10    follow the federal government's recommendation 

11    for integrated care, and this will create a 

12    system with no wrong door.

13                 I vote aye.  Thank you.

14                 ACTING PRESIDENT MAYER:   Senator 

15    Harckham to be recorded in the affirmative.

16                 Announce the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 862, those Senators voting in the 

19    negative are Senators Griffo, Helming, Jordan, 

20    Martucci, Mattera, Ortt, Palumbo, 

21    Reichlin-Melnick, Ritchie, Tedisco and Weik.

22                 Ayes, 50.  Nays, 11.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3425

 1    885, Assembly Print Number 7754C, by 

 2    Assemblymember McDonald, an act to amend the 

 3    Education Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 61.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    901, Senate Print 5676, by Senator Rivera, an act 

18    to amend the Public Health Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               3426

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 61.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    909, Assembly Print Number 7625A, by 

 8    Assemblymember Woerner, an act to amend the 

 9    Highway Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Senator 

18    Jordan to explain her vote.

19                 SENATOR JORDAN:   Mr. President and 

20    my -- Madam President and my colleagues, I rise 

21    to explain my vote on my bipartisan legislation 

22    honoring our Forever First Lady of Saratoga 

23    Springs horse racing and the backstretch 

24    community, Saratoga's favorite daughter and 

25    patron, Marylou Whitney.  


                                                               3427

 1                 My bipartisan bill amends the state 

 2    highway law to rename a portion of Route 9P, also 

 3    known as Union Avenue in Saratoga Springs, to the 

 4    Marylou Whitney Way.  

 5                 It's impossible to overstate Marylou 

 6    Whitney's profound positive impact on Saratoga 

 7    Springs, Saratoga County, and the horse racing 

 8    industry, as well as her contributions to the 

 9    many dedicated, hardworking professionals who 

10    make that industry a reality, our backstretch 

11    community.

12                 Marylou Whitney embodies all that is 

13    good and noble and proud of Saratoga.  Her 

14    inspirational spirit of giving back, touching and 

15    transforming lives, of making a genuine 

16    difference, is an indelible, irreplaceable legacy 

17    of service to others and supporting the 

18    community.  

19                 Marylou Whitney was beloved by 

20    everyone in the community, regardless of who you 

21    are, what you do, or where you're from and 

22    whatever your station is in life.  Marylou 

23    Whitney treated every person with dignity and 

24    decency, compassion and kindness, respect and 

25    relatability.


                                                               3428

 1                 She was an incredible consequential 

 2    figure who did immense, important philanthropic 

 3    good works on behalf of backstretch workers and 

 4    retired thoroughbreds, as well as SPAC, the 

 5    Saratoga Hospital, and countless more charitable 

 6    endeavors and community causes.  Through all of 

 7    these, through her spirit and kindness, Marylou 

 8    Whitney played a critical role in shaping 

 9    Saratoga's successes and our incredible quality 

10    of life.

11                 Marylou Whitney's advocacy helped 

12    our world-renowned historic Saratoga Race Course 

13    stay open.  Her horses were recognized as regular 

14    fixtures at the Belmont and Travers Stakes.  She 

15    helped the Saratoga Meet draw over a million 

16    annually and became a regular fixture in our 

17    community, and she claimed victories in both over 

18    a distinguished career as an owner.

19                 In speaking with her husband John 

20    Hendrickson, he offered these powerful, poignant 

21    words:  "Marylou had a lot of loves in her life, 

22    but Saratoga was her most important love.  She 

23    loved Saratoga because of the people.  She would 

24    be thrilled that a part of Saratoga is being 

25    named after her."


                                                               3429

 1                 The state highway system being 

 2    designated by my legislation as the Marylou 

 3    Whitney Way runs adjacent to the Saratoga Race 

 4    Course, which is so befitting, as our historic 

 5    Saratoga Race Course was shaped, strengthened and 

 6    supported by Marylou Whitney's generosity, 

 7    vision, and enduring indomitable spirit of always 

 8    giving back and making a positive difference.  

 9                 Last year my bill passed this 

10    chamber by a bipartisan vote of 62 to 1.  I'm 

11    grateful for everyone's support then, and I am 

12    grateful for my colleagues' continued support for 

13    this measure that's so important to remember the 

14    life, legacy and countless good works of Marylou 

15    Whitney, one of Saratoga's most important 

16    citizens.

17                 Thank you, Madam President, and my 

18    colleagues.

19                 ACTING PRESIDENT MAYER:   Senator 

20    Jordan to be recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   In relation to 

23    Calendar Number 909, voting in the negative:  

24    Senator Brisport.

25                 Ayes, 60.  Nays, 1.


                                                               3430

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    911, Senate Print 7255A, by Senator Oberacker, an 

 5    act to amend the Highway Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar Number 911, voting in the negative:  

17    Senator Brisport.

18                 Ayes, 60.  Nays, 1.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    951, Assembly Print Number 4069, by 

23    Assemblymember Thiele, an act to amend the Indian 

24    Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               3431

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    992, Senate Print 639, by Senator Liu, an act in 

14    relation to ordering a study and report on a 

15    proposed extension of the Long Island Motor 

16    Parkway Trail.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               3432

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 992, voting in the negative:  

 3    Senator Akshar.

 4                 Ayes, 60.  Nays, 1.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.  

 7                 THE SECRETARY:   Calendar Number 

 8    1003, Senate Print 3737A, by Senator Comrie, an 

 9    act to require the director of Information 

10    Technology Services to undertake a detailed study 

11    of the comparative qualities of cloud computing 

12    services.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar Number 1003, voting in the negative:  

24    Senator Akshar.

25                 Ayes, 60.  Nays, 1.


                                                               3433

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1013, Senate Print 8399, by Senator Jackson, an 

 5    act to amend the Retirement and Social Security 

 6    Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 3.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Senator 

15    Jackson to explain his vote.

16                 SENATOR JACKSON:   Thank you, 

17    Madam President.

18                 My colleagues, I rise to explain my 

19    vote on S8399, which allows court officers and 

20    peace officers injured on the job to receive 

21    accidental disability retirement.

22                 This is an extremely important 

23    parity for state workers.  And as any other 

24    officer forced into retirement as a result of an 

25    injury sustained on the job can apply for 


                                                               3434

 1    accidental disability retirement, court officers 

 2    are the only -- only officers that do not have 

 3    that opportunity when they are injured in the 

 4    line of duty.

 5                 We have heard stories of officers 

 6    putting themselves between judges and aggressors, 

 7    doing their job to maintain the safety of the 

 8    courtroom, left without support or protection.

 9                 Unfortunately, Madam President, this 

10    important benefit has been consistently vetoed in 

11    2016, 2017, 2018, 2019.  And I hope this Governor 

12    will see the value of providing this crucial 

13    benefit to court officers that help keep courts 

14    safe.  And for these reasons, I urge any 

15    colleagues to support this legislation.

16                 I proudly vote aye.

17                 ACTING PRESIDENT MAYER:   Senator 

18    Jackson to be recorded in the affirmative.

19                 Announce the results.

20                 THE SECRETARY:   Ayes, 61.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1023, Senate Print 6761B, by Senator Savino, an 

25    act to amend the General Business Law.


                                                               3435

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect on the 180th day after it 

 5    shall have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar Number 1023, those Senators voting in 

13    the negative are Senators Akshar, Borrello, 

14    Helming, Jordan, Lanza, O'Mara, Rath and Serino.

15                 Ayes, 53.  Nays, 8.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1059, Senate Print 7416B, by Senator Borrello, an 

20    act to amend the Highway Law.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               3436

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Borrello to explain his vote.

 5                 SENATOR BORRELLO:   Thank you, 

 6    Madam President.

 7                 I rise to express my honor for once 

 8    again naming a road after a true hero.  And 

 9    Staff Sergeant David Textor is no exception.  

10                 I will also point out that this 

11    small community of Randolph, New York, this is 

12    now the third time we have honored a hero, a 

13    military hero for what they have done to serve 

14    our nation.  

15                 I'm very proud to represent the 

16    community of Randolph, and I'm certainly proud to 

17    stand here and say that we as a Senate, as a 

18    State Legislature, and as a state, have taken 

19    many steps to ensure that heroes are honored so 

20    that their names will never be forgotten, by 

21    naming roads and bridges after them.  

22                 I think that's an appropriate way to 

23    ensure that future generations know that freedom 

24    is not free and that the foundation of our 

25    democracy is built on the backs of those who will 


                                                               3437

 1    serve, the small percentage of Americans who will 

 2    serve and the families that support them.

 3                 So God bless Staff Sergeant Textor, 

 4    and God bless all who serve the United States of 

 5    America.

 6                 Thank you, Madam President.

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Borrello to be recorded in the affirmative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar Number 1059, voting in the negative:  

12    Senator Brisport.

13                 Ayes, 60.  Nays, 1.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1060, Senate Print 7649, by Senator Stavisky, an 

18    act to amend the Highway Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               3438

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 1060, voting in the negative:  

 5    Senator Brisport.

 6                 Ayes, 60.  Nays, 1.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1067, Senate Print 8681A, by Senator Cooney, an 

11    act to amend the Highway Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 1067, voting in the negative:  

23    Senator Brisport.  

24                 Ayes, 60.  Nays, 1. 

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               3439

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1120, Senate Print 8398A, by Senator Liu, an act 

 4    to amend the Tax Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 61.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 Senator Gianaris, that completes the 

18    reading of today's calendar.

19                 SENATOR GIANARIS:   Madam President, 

20    at this time there will be an immediate meeting 

21    of the Rules Committee in Room 332.

22                 ACTING PRESIDENT MAYER:   There will 

23    be an immediate meeting of the Rules Committee in 

24    Room 332.

25                 SENATOR GIANARIS:   The Senate 


                                                               3440

 1    stands at ease.

 2                 ACTING PRESIDENT MAYER:   The Senate 

 3    will stand at ease.

 4                 (Whereupon, the Senate stood at ease 

 5    at 5:23 p.m.)

 6                 (Whereupon, the Senate reconvened at 

 7    5:39 p.m.)

 8                 ACTING PRESIDENT MAYER:   The Senate 

 9    will return to order.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Madam President, 

12    there's a report of the Rules Committee at the 

13    desk.  Can we take that up, please.

14                 ACTING PRESIDENT MAYER:   The 

15    Secretary will read.

16                 THE SECRETARY:   Senator 

17    Stewart-Cousins, from the Committee on Rules, 

18    reports the following bills:  

19                 Senate Print 202, by Senator Kaplan, 

20    an act to amend the Legislative Law; 

21                 Senate Print 300A, by Senator 

22    Thomas, an act to amend the General Business Law; 

23                 Senate Print 424A, by Senator 

24    Hoylman, an act to amend the Election Law; 

25                 Senate Print 1125, by 


                                                               3441

 1    Senator Gianaris, an act to amend the 

 2    Agriculture and Markets Law; 

 3                 Senate Print 1165A, by 

 4    Senator Kaminsky, an act to amend the General 

 5    Business Law; 

 6                 Senate Print 1373, by 

 7    Senator Brooks, an act to amend the Domestic 

 8    Relations Law and the Family Court Act; 

 9                 Senate Print 4299A, by 

10    Senator Lanza, an act to amend the Vehicle and 

11    Traffic Law; 

12                 Senate Print 4532, by Senator Brouk, 

13    an act to amend the Public Health Law and the 

14    Insurance Law; 

15                 Senate Print 6302A, by Senator Weik, 

16    an act authorizing Michael J. Cappiello to 

17    purchase service credit for service with the 

18    Long Island Rail Road Company police department; 

19                 Senate Print 6562A, by 

20    Senator Jordan, an act to amend the Highway Law;

21                 Senate Print 6570, by 

22    Senator Stavisky, an act to amend the Penal Law; 

23                 Senate Print 6586A, by Senator Liu, 

24    an act to amend the Executive Law; 

25                 Senate Print 6800A, by 


                                                               3442

 1    Senator Gianaris, an act to amend the Tax Law; 

 2                 Senate Print 7014, by 

 3    Senator Addabbo, an act to amend the Racing, 

 4    Pari-Mutuel Wagering and Breeding Law; 

 5                 Senate Print 7015, by 

 6    Senator Addabbo, an act to amend the Penal Law;

 7                 Senate Print 7238A, by 

 8    Senator Tedisco, an act to authorize the Town of 

 9    Niskayuna, in the County of Schenectady, to offer 

10    certain retirement options to John F. Connor;

11                 Senate Print 7504A, by Senator Stec, 

12    an act to amend the Highway Law; 

13                 Senate Print 8087, by Senator 

14    Kennedy, an act to authorize the widow of 

15    Gerald J. Sullivan to file an application with 

16    the New York State and Local Police and Fire 

17    Retirement System; 

18                 Senate Print 8192, by 

19    Senator Breslin, an act to amend the 

20    Civil Service Law; 

21                 Senate Print 8287, by Senator 

22    Bailey, an act to amend the Executive Law; 

23                 Senate Print 8329, by 

24    Senator Mannion, an act in relation to 

25    authorizing Christopher Walser to take the 


                                                               3443

 1    competitive civil service examination for the 

 2    position of police officer; 

 3                 Senate Print 8450B, by Senator 

 4    Cooney, an act to amend the General Business Law; 

 5                 Senate Print 8494A, by 

 6    Senator Mattera, an act in relation to 

 7    authorizing VFW Post 4927 to file an application 

 8    for exemption from real property taxes; 

 9                 Senate Print 8568, by 

10    Senator Savino, an act to amend Chapter 730 of 

11    the Laws of 2019; 

12                 Senate Print 8578B, by 

13    Senator Harckham, an act to amend the 

14    Domestic Relations Law and the Family Court Act; 

15                 Senate Print 8609, by 

16    Senator Akshar, an act to amend the Highway Law; 

17                 Senate Print 8706, by 

18    Senator Akshar, an act to amend the 

19    General Municipal Law; 

20                 Senate Print 8733, by Senator Boyle, 

21    an act in relation to authorizing the assessor of 

22    the Town of Islip, County of Suffolk, to accept 

23    from the Iglesia Del Dios Vivo Col y Apoyo Dela 

24    Verdad La Luz Mundo an application for exemption 

25    from real property taxes; 


                                                               3444

 1                 Senate Print 8816, by 

 2    Senator Addabbo, an act to amend the 

 3    Environmental Conservation Law; 

 4                 Senate Print 8820A, by 

 5    Senator Persaud, an act to amend Chapter 238 of 

 6    the Laws of 2021;

 7                 Senate Print 8852, by 

 8    Senator Comrie, an act to amend Part P of 

 9    Chapter 39 of the Laws of 2019; 

10                 Senate Print 8890, by 

11    Senator Kavanagh, an act to amend the 

12    Real Property Tax Law; 

13                 Senate Print 8932, by 

14    Senator Serrano, an act to amend Chapter 192 of 

15    the Laws of 2011;

16                 Senate Print 8942, by 

17    Senator Harckham, an act to amend Chapter 317 of 

18    the Laws of 2020; 

19                 Senate Print 8969, by Senator 

20    Martucci, an act to amend the Executive Law; 

21                 Senate Print 8979A, by 

22    Senator Kennedy, an act to amend the Vehicle and 

23    Traffic Law; 

24                 Senate Print 8993, by 

25    Senator Comrie, an act to amend Chapter 483 of 


                                                               3445

 1    the Laws of 2017; 

 2                 Senate Print 9003, by 

 3    Senator Kaplan, an act to amend Chapter 366 of 

 4    the Laws of 2011; 

 5                 Senate Print 9004, by 

 6    Senator Brisport, an act to amend the 

 7    Social Services Law; 

 8                 Senate Print 9008, by Senator May, 

 9    an act to amend the Elder Law; 

10                 Senate Print 9035, by 

11    Senator Hoylman, an act to amend Chapter 455 of 

12    the Laws of 1997; 

13                 Senate Print 9037, by Senator 

14    Brooks, an act to amend the Civil Service Law;

15                 Senate Print 9038, by 

16    Senator Brooks, an act to amend the 

17    General Municipal Law and the Penal Law; 

18                 Senate Print 9044, by 

19    Senator Mannion, an act to amend the Elder Law; 

20                 Senate Print 9045, by 

21    Senator Mannion, an act to amend the 

22    State Finance Law; 

23                 Senate Print 9052, by 

24    Senator Kavanagh, an act to amend the 

25    Public Authorities Law; 


                                                               3446

 1                 Senate Print 9076, by 

 2    Senator Brooks, an act to amend Chapter 266 of 

 3    the Laws of 1981; 

 4                 Senate Print 9094, by Senator Liu, 

 5    an act to amend the Executive Law; 

 6                 Senate Print 9095, by Senator Ramos, 

 7    an act to amend the Labor Law; 

 8                 Senate Print 9096, by Senator Ramos, 

 9    an act to amend the Workers' Compensation Law; 

10                 Senate Print 9117, by 

11    Senator Reichlin-Melnick, an act to amend the 

12    Real Property Tax Law; 

13                 Senate Print 9129, by Senator 

14    Gounardes, an act to amend Part U of Chapter 56 

15    of the Laws of 2018; 

16                 Senate Print 9152, by 

17    Senator Sanders, an act to amend Chapter 526 of 

18    the Laws of 1998; 

19                 Senate Print 9184, by Senator 

20    SepĂșlveda, an act to amend the Local Finance Law; 

21                 Senate Print 9232, by 

22    Senator Harckham, an act to amend Chapter 378 of 

23    the Laws of 2014; 

24                 Senate Print 9296, by Senator Ryan, 

25    an act to amend the Education Law; 


                                                               3447

 1                 Senate Print 9297, by 

 2    Senator Kavanagh, an act to amend the 

 3    Private Housing Finance Law; 

 4                 Senate Print 9300, by 

 5    Senator Brooks, an act to amend the 

 6    Environmental Conservation Law; 

 7                 Senate Print 9301, by 

 8    Senator Mannion, an act to amend the 

 9    Environmental Conservation Law; 

10                 Senate Print 9302, by Senator May, 

11    an act to amend the Environmental Conservation 

12    Law; 

13                 Senate Print 9304, by 

14    Senator Thomas, an act to amend the 

15    Environmental Conservation Law; 

16                 Senate Print 9305, by Senator May, 

17    an act to amend the Environmental Conservation 

18    Law; 

19                 Senate Print 9306, by 

20    Senator Mannion, an act to amend the 

21    Environmental Conservation Law; 

22                 Senate Print 9307, by 

23    Senator Gaughran, an act to amend the 

24    Environmental Conservation Law; 

25                 Senate Print 9308, by 


                                                               3448

 1    Senator Kavanagh, an act to amend Part U of 

 2    Chapter 55 of the Laws of 2014; 

 3                 Senate Print 9312, by 

 4    Senator Hinchey, an act to amend the 

 5    Environmental Conservation Law; 

 6                 Senate Print 9313, by 

 7    Senator Stewart-Cousins, an act to amend the 

 8    Environmental Conservation Law.

 9                 All bills reported direct to third 

10    reading.

11                 SENATOR GIANARIS:   Move to accept 

12    the report of the Rules Committee.

13                 ACTING PRESIDENT MAYER:   All those 

14    in favor of accepting the report of the 

15    Rules Committee signify by saying aye.

16                 (Response of "Aye.")

17                 ACTING PRESIDENT MAYER:   Opposed, 

18    nay.

19                 (No response.)

20                 ACTING PRESIDENT MAYER:   The report 

21    of the Senate Rules Committee is accepted.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Is there any 

24    further business at the desk?

25                 ACTING PRESIDENT MAYER:   There is 


                                                               3449

 1    no further business at the desk.

 2                 SENATOR GIANARIS:   Move to adjourn 

 3    until tomorrow, Tuesday, May 17th, at 3:00 p.m.

 4                 ACTING PRESIDENT MAYER:   On motion, 

 5    the Senate stands adjourned until Tuesday, 

 6    May 17th, at 3:00 p.m.

 7                 (Whereupon, at 5:45 p.m., the Senate 

 8    adjourned.)

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