Regular Session - May 23, 2022

                                                                   3651

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 23, 2022

11                      3:36 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  

19  SENATOR ROXANNE J. PERSAUD, Acting President

20  ALEJANDRA N. PAULINO, ESQ., Secretary

21  

22  

23  

24  

25  


                                                               3652

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

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT PERSAUD:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT PERSAUD:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Sunday, 

16    May 22, 2022, the Senate met pursuant to 

17    adjournment.  The Journal of Saturday, May 21, 

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

19    Senate adjourned.

20                 ACTING PRESIDENT PERSAUD:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Brisport 


                                                               3653

 1    moves to discharge, from the Committee on 

 2    Children and Families, Assembly Bill Number 6266A 

 3    and substitute it for the identical Senate Bill 

 4    2586A, Third Reading Calendar 427.

 5                 Senator Kaplan moves to discharge, 

 6    from the Committee on Investigations and 

 7    Government Operations, Assembly Bill Number 4677A 

 8    and substitute it for the identical Senate Bill 

 9    4863A, Third Reading Calendar 794.

10                 Senator Kaplan moves to discharge, 

11    from the Committee on Investigations and 

12    Government Operations, Assembly Bill Number 8934B 

13    and substitute it for the identical Senate Bill 

14    Number 8464A, Third Reading Calendar 960.  

15                 Senator Gounardes moves to 

16    discharge, from the Committee on Aging, 

17    Assembly Bill Number 1980 and substitute it for 

18    the identical Senate Bill 8570, Third Reading 

19    Calendar 976.

20                 Senator Reichlin-Melnick moves to 

21    discharge, from the Committee on Codes, 

22    Assembly Bill Number 8375 and substitute it for 

23    the identical Senate Bill 7330, Third Reading 

24    Calendar 1074.

25                 Senator Kaplan moves to discharge, 


                                                               3654

 1    from the Committee on Labor, Assembly Bill Number 

 2    8458A and substitute it for the identical Senate 

 3    Bill 6803A, Third Reading Calendar 1083.

 4                 Senator Harckham moves to discharge, 

 5    from the Committee on Alcoholism and Drug Abuse, 

 6    Assembly Bill Number 8386A and substitute it for 

 7    the identical Senate Bill 7349A, Third Reading 

 8    Calendar 1093.

 9                 Senator Palumbo moves to discharge, 

10    from the Committee on Investigations and 

11    Government Operations, Assembly Bill Number 10088 

12    and substitute it for the identical Senate Bill 

13    8941, Third Reading Calendar 1123.

14                 Senator Skoufis moves to discharge, 

15    from the Committee on Judiciary, Assembly Bill 

16    Number 9643 and substitute it for the identical 

17    Senate Bill 8714, Third Reading Calendar 1183.

18                 Senator Mayer moves to discharge, 

19    from the Committee on Corporations, Authorities 

20    and Commissions, Assembly Bill Number 9409 and 

21    substitute it for the identical Senate Bill 8663, 

22    Third Reading Calendar 1193.

23                 Senator Brouk moves to discharge, 

24    from the Committee on Corporations, Authorities 

25    and Commissions, Assembly Bill Number 10204 and 


                                                               3655

 1    substitute it for the identical Senate Bill 9030, 

 2    Third Reading Calendar 1196.

 3                 Senator Kaminsky moves to discharge, 

 4    from the Committee on Environmental Conservation, 

 5    Assembly Bill Number 5390B and substitute it for 

 6    the identical Senate Bill 6191A, Third Reading 

 7    Calendar 1217.

 8                 Senator Serrano moves to discharge, 

 9    from the Committee on Finance, Assembly Bill 

10    Number 9137A and substitute it for the identical 

11    Senate Bill 8294A, Third Reading Calendar 1226.

12                 Senator Stavisky moves to discharge, 

13    from the Committee on Higher Education, 

14    Assembly Bill Number 9971 and substitute it for 

15    the identical Senate Bill 8843A, Third Reading 

16    Calendar 1247.

17                 Senator Gounardes moves to 

18    discharge, from the Committee on Higher 

19    Education, Assembly Bill Number 9970 and 

20    substitute it for the identical Senate Bill 8988, 

21    Third Reading Calendar 1250.

22                 Senator Gounardes moves to 

23    discharge, from the Committee on Civil Service 

24    and Pensions, Assembly Bill Number 9513 and 

25    substitute it for the identical Senate Bill 8529, 


                                                               3656

 1    Third Reading Calendar 1257.

 2                 Senator Jackson moves to discharge, 

 3    from the Committee on Investigations and 

 4    Government Operations, Assembly Bill Number 9133 

 5    and substitute it for the identical Senate Bill 

 6    8685, Third Reading Calendar 1258.

 7                 Senator Breslin moves to discharge, 

 8    from the Committee on Transportation, 

 9    Assembly Bill Number 277A and substitute it for 

10    the identical Senate Bill 5672A, Third Reading 

11    Calendar 1271.

12                 Senator Serino moves to discharge, 

13    from the Committee on Transportation, 

14    Assembly Bill Number 7907A and substitute it for 

15    the identical Senate Bill 7136, Third Reading 

16    Calendar 1273.

17                 Senator Gaughran moves to discharge, 

18    from the Committee on Transportation, 

19    Assembly Bill Number 9382A and substitute it for 

20    the identical Senate Bill 8433A, Third Reading 

21    Calendar 1276.

22                 Senator Kennedy moves to discharge, 

23    from the Committee on Transportation, 

24    Assembly Bill Number 9805 and substitute it for 

25    the identical Senate Bill 8822, Third Reading 


                                                               3657

 1    Calendar 1280.

 2                 Senator Mannion moves to discharge, 

 3    from the Committee on Children and Families, 

 4    Assembly Bill Number 9080A and substitute it for 

 5    the identical Senate Bill Number 8046A, 

 6    Third Reading Calendar 1298.

 7                 Senator Jackson moves to discharge, 

 8    from the Committee on Energy and 

 9    Telecommunications, Assembly Bill Number 7256A 

10    and substitute it for the identical Senate Bill 

11    1979A, Third Reading Calendar 1300.  

12                 Senator Thomas moves to discharge, 

13    from the Committee on Elections, Assembly Bill 

14    Number 4158 and substitute it for the identical 

15    Senate Bill 156, Third Reading Calendar 1313.

16                 Senator May moves to discharge, from 

17    the Committee on Commerce, Economic Development 

18    and Small Business, Assembly Bill Number 9543 and 

19    substitute it for the identical Senate Bill 8897, 

20    Third Reading Calendar 1327.

21                 Senator Kaplan moves to discharge, 

22    from the Committee on Ethics, Assembly Bill 

23    Number 5321 and substitute it for the identical 

24    Senate Bill 202, Third Reading Calendar 1350.

25                 Senator Thomas moves to discharge, 


                                                               3658

 1    from the Committee on Consumer Protection, 

 2    Assembly Bill Number 381A and substitute it for 

 3    the identical Senate Bill 300A, Third Reading 

 4    Calendar 1351.

 5                 Senator Cooney moves to discharge, 

 6    from the Committee on Consumer Protection, 

 7    Assembly Bill Number 8319C and substitute it for 

 8    the identical Senate Bill 8450B, Third Reading 

 9    Calendar 1371.

10                 Senator Mattera moves to discharge, 

11    from the Committee on Local Government, 

12    Assembly Bill Number 9379A and substitute it for 

13    the identical Senate Bill 8484A, Third Reading 

14    Calendar 1372.

15                 Senator Persaud moves to discharge, 

16    from the Committee on Rules, Assembly Bill Number 

17    9820A and substitute it for the identical 

18    Senate Bill 8820A, Third Reading Calendar 1379.

19                 Senator Comrie moves to discharge, 

20    from the Committee on Corporations, Authorities 

21    and Commissions, Assembly Bill Number 9868 and 

22    substitute it for the identical Senate Bill 8852, 

23    Third Reading Calendar 1380.

24                 Senator Kavanagh moves to discharge, 

25    from the Committee on Local Government, 


                                                               3659

 1    Assembly Bill Number 9135 and substitute it for 

 2    the identical Senate Bill 8890, Third Reading 

 3    Calendar 1381.

 4                 Senator Serrano moves to discharge, 

 5    from the Committee on Health, Assembly Bill 

 6    Number 9972 and substitute it for the identical 

 7    Senate Bill 8932, Third Reading Calendar 1382.

 8                 Senator Kennedy moves to discharge, 

 9    from the Committee on Rules, Assembly Bill Number 

10    10219 and substitute it for the identical Senate 

11    Bill 8979A, Third Reading Calendar 1385.

12                 Senator Comrie moves to discharge, 

13    from the Committee on Transportation, 

14    Assembly Bill Number 9956 and substitute it for 

15    the identical Senate Bill 8993, Third Reading 

16    Calendar 1386.

17                 Senator Kaplan moves to discharge, 

18    from the Committee on Environmental Conservation, 

19    Assembly Bill Number 10178 and substitute it for 

20    the identical Senate Bill 9003, Third Reading 

21    Calendar 1387.

22                 Senator Ramos moves to discharge, 

23    from the Committee on Rules, Assembly Bill Number 

24    10153 and substitute it for the identical Senate 

25    Bill 9095, Third Reading Calendar 1398.


                                                               3660

 1                 Senator Gounardes moves to 

 2    discharge, from the Committee on Rules, 

 3    Assembly Bill Number 10137 and substitute it for 

 4    the identical Senate Bill 9129, Third Reading 

 5    Calendar 1401.

 6                 Senator Harckham moves to discharge, 

 7    from the Committee on Environmental Conservation, 

 8    Assembly Bill Number 10194 and substitute it for 

 9    the identical Senate Bill 9232, Third Reading 

10    Calendar 1404.

11                 Senator Brooks moves to discharge, 

12    from the Committee on Environmental Conservation, 

13    Assembly Bill Number 10182 and substitute it for 

14    the identical Senate Bill 9300, Third Reading 

15    Calendar 1407.

16                 Senator Mannion moves to discharge, 

17    from the Committee on Environmental Conservation, 

18    Assembly Bill Number 10160 and substitute it for 

19    the identical Senate Bill 9301, Third Reading 

20    Calendar 1408.

21                 Senator May moves to discharge, from 

22    the Committee on Environmental Conservation, 

23    Assembly Bill Number 10166 and substitute it for 

24    the identical Senate Bill 9302, Third Reading 

25    Calendar 1409.


                                                               3661

 1                 Senator Thomas moves to discharge, 

 2    from the Committee on Environmental Conservation, 

 3    Assembly Bill Number 10159 and substitute it for 

 4    the identical Senate Bill 9304, Third Reading 

 5    Calendar 1410.

 6                 Senator May moves to discharge, from 

 7    the Committee on Environmental Conservation, 

 8    Assembly Bill Number 10163 and substitute it for 

 9    the identical Senate Bill 9305, Third Reading 

10    Calendar 1411.

11                 Senator Mannion moves to discharge, 

12    from the Committee on Environmental Conservation, 

13    Assembly Bill Number 10177 and substitute it for 

14    the identical Senate Bill 9306, Third Reading 

15    Calendar 1412.

16                 Senator Gaughran moves to discharge, 

17    from the Committee on Environmental Conservation, 

18    Assembly Bill Number 10201 and substitute it for 

19    the identical Senate Bill 9307, Third Reading 

20    Calendar 1413.

21                 Senator Kavanagh moves to discharge, 

22    from the Committee on Rules, Assembly Bill Number 

23    10142 and substitute it for the identical 

24    Senate Bill 9308, Third Reading Calendar 1414.

25                 Senator Hinchey moves to discharge, 


                                                               3662

 1    from the Committee on Environmental Conservation, 

 2    Assembly Bill Number 10193 and substitute it for 

 3    the identical Senate Bill 9312, Third Reading 

 4    Calendar 1415.

 5                 And lastly, Senator Stewart-Cousins 

 6    moves to discharge, from the Committee on 

 7    Environmental Conservation, Assembly Bill 

 8    Number 10199 and substitute it for the identical 

 9    Senate Bill 9313, Third Reading Calendar 1416.

10                 ACTING PRESIDENT PERSAUD:   So 

11    ordered.

12                 Messages from the Governor.

13                 Reports of standing committees.

14                 Reports of select committees.

15                 Communications and reports from 

16    state officers.

17                 Motions and resolutions.

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   Good afternoon, 

20    Madam President.  

21                 We have several amendments here.  So 

22    I offer the following amendments to Third Reading 

23    Calendar bills:  

24                 Senator Mayer, page 7, Calendar 347, 

25    Senate Print 4327B; 


                                                               3663

 1                 Senator Bailey, page 8, 

 2    Calendar 371, Senate Print 3362;  

 3                 Senator Kaplan, page 14, Calendar 

 4    578, Senate Print 7425; 

 5                 Senator Biaggi, page 23, Calendar 

 6    826, Senate Print 4644B; 

 7                 Senator Mannion, page 23, Calendar 

 8    828, Senate Print 7578A; 

 9                 Senator Hoylman, page 24, Calendar 

10    1035, Senate Print 699C; 

11                 Senator Mayer, page 38, Calendar 

12    1105, Senate Print 8828;

13                 Senator Biaggi, page 40, Calendar 

14    1110, Senate Print 7394; 

15                 Senator SepĂșlveda, page 44, Calendar 

16    1176, Senate Print 2110; 

17                 Senator Harckham, page 48, Calendar 

18    1212, Senate Print 4486A; 

19                 Senator Reichlin-Melnick, page 49, 

20    Calendar 1218, Senate Print 6446A; 

21                 Senator May, page 49, Calendar 1219, 

22    Senate Print 6501A; 

23                 Senator Kaplan, page 49, Calendar 

24    1221, Senate Print 7537A; 

25                 Senator Stavisky, page 52, Calendar 


                                                               3664

 1    1251, Senate Print 8994; 

 2                 Senator Thomas, page 55, Calendar 

 3    1289, Senate Print 8389B; 

 4                 Senator Skoufis, page 56, Calendar 

 5    1299, Senate Print 1840; 

 6                 Senator Gaughran, page 4, Calendar 

 7    89, Senate Print 978B;

 8                 Senator Parker, page 27, Calendar 

 9    922, Senate Print 8491B;  

10                 Senator Parker, page 27, Calendar 

11    923, Senate Print 8492A; 

12                 Senator Breslin, page 51, Calendar 

13    1238, Senate Print 4870A; 

14                 Senator Rivera, page 51, Calendar 

15    1243, Senate Print 7020A; 

16                 Senator Parker, page 25, Calendar 

17    881, Senate Print 5891D; 

18                 Senator Gaughran, page 32, Calendar 

19    1015, Senate Print 8531; 

20                 And Senator Ryan, page 47, Calendar 

21    1195, Senate Print 9011. 

22                 ACTING PRESIDENT PERSAUD:   The 

23    amendments are received, and the bills will 

24    retain their place on the Third Reading Calendar.

25                 Senator Gianaris.


                                                               3665

 1                 SENATOR GIANARIS:   Thank you, 

 2    Madam President.  

 3                 I also wish to call up the following 

 4    bills, which were recalled from the Assembly and 

 5    are now at the desk:  Senate Bill Numbers 2951, 

 6    660, 694, 6210A, 1958, 7582A, 5472, 8419A, and 

 7    7906.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Secretary will read.

10                 THE SECRETARY:   Calendar Number 7, 

11    Senate Print 2951, by Senator Kavanagh, an act to 

12    amend the Election Law.

13                 Calendar Number 234, Senate Print 

14    660, by Senator May, an act to amend the 

15    Highway Law.  

16                 Calendar Number 247, Senate Print 

17    694, by Senator Kaplan, an act to amend the 

18    Executive Law.

19                 Calendar Number 339, Senate Print 

20    6210A, by Senator Skoufis, an act to amend the 

21    Executive Law and the Energy Law.

22                 Calendar Number 384, Senate Print 

23    1958, by Senator Krueger, an act to amend the 

24    Executive Law.

25                 Calendar Number 623, Senate Print 


                                                               3666

 1    7582A, by Senator Mayer, an act to amend the 

 2    Executive Law.

 3                 Calendar Number 703, Senate Print 

 4    5472, by Senator Hoylman, an act to amend the 

 5    Real Property Law.

 6                 Calendar Number 845, Senate Print 

 7    8419A, by Senator Ramos, an act to amend the 

 8    New York State Urban Development Corporation Act.

 9                 Calendar Number 941, Senate Print 

10    7906, by Senator Kennedy, an act authorizing 

11    Chabad of Oceanside, Inc., to receive retroactive 

12    real property tax exemption status.

13                 SENATOR GIANARIS:   Move to 

14    reconsider the vote by which these bills were 

15    passed.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 THE SECRETARY:   Ayes, 61.

20                 ACTING PRESIDENT PERSAUD:   The 

21    bills are restored to their place on the Third 

22    Reading Calendar.

23                 SENATOR GIANARIS:   I offer the 

24    following amendments to those bills.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               3667

 1    amendments are received, and the bills will 

 2    retain their place on the Third Reading Calendar.

 3                 SENATOR GIANARIS:   On behalf of 

 4    Senator Reichlin-Melnick, I move to amend 

 5    Senate Bill 4150D by striking out the amendments 

 6    made on May 16th and restoring it to its previous 

 7    print number, 4150C.

 8                 ACTING PRESIDENT PERSAUD:   So 

 9    ordered.

10                 SENATOR GIANARIS:   At this time 

11    let's take up previously adopted Resolution 2587, 

12    by Senator Gaughran, read its title only and 

13    recognize Senator Gaughran.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Secretary will read.

16                 THE SECRETARY:   Senate Resolution 

17    2587, by Senator Gaughran, celebrating the 

18    18th Anniversary of the ONE Campaign.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Gaughran on the resolution.

21                 SENATOR GAUGHRAN:   Thank you, 

22    Madam President.

23                 Today we recognize the ONE Campaign, 

24    an organization that for 18 years has committed 

25    itself to fighting extreme poverty and 


                                                               3668

 1    preventable diseases across the world -- an 

 2    international, nonpartisan nonprofit that 

 3    advocates for sustainable development across the 

 4    globe.

 5                 The ONE Campaign supports a broad 

 6    variety of international development issues, 

 7    including the fight against treatable and 

 8    preventable diseases like HIV/AIDS, malaria, 

 9    tuberculosis, to expand access to clean waters 

10    and energy, and provide a basic education for 

11    all.

12                 The ONE Campaign, founded by Bono 

13    and Bobby Shriver, has inspired a spirit of 

14    charity and volunteerism in communities all 

15    across the state and nation.  And that is 

16    exemplified by the advocacy of Karen Russelino, 

17    from my district, who joins us today.  For 

18    decades she has served as a leader in the 

19    New York Chapter of the ONE Campaign, speaking 

20    with community members, members of Congress, and 

21    occasionally even a New York State Senator.

22                 The name ONE was inspired by the 

23    belief that one voice coming together with many 

24    others can change the world for the better.  It 

25    is the voice of each member, each volunteer like 


                                                               3669

 1    Karen, calling for a better world that makes the 

 2    ONE Campaign the success it is today.

 3                 And so I ask that you join me in 

 4    celebrating the 18th anniversary of the 

 5    ONE Campaign and some of its members who have 

 6    joined us here today.

 7                 Thank you, Madam President.

 8                 ACTING PRESIDENT PERSAUD:   To our 

 9    guests, I welcome you on behalf of the Senate.  

10    We extend to you the privileges and courtesies of 

11    this house.

12                 Please rise and be recognized.

13                 (Standing ovation.)

14                 ACTING PRESIDENT PERSAUD:   The 

15    resolution was previously adopted on 5/17.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   At this time 

18    let's take up previously adopted Resolution 2573, 

19    by Senator Stec, read its title and recognize 

20    Senator Stec.

21                 ACTING PRESIDENT PERSAUD:   The 

22    Secretary will read.

23                 THE SECRETARY:   Senate Resolution 

24    2573, by Senator Stec, congratulating the AuSable 

25    Valley Girls Varsity Soccer Team upon the 


                                                               3670

 1    occasion of capturing the 2021 Class C State 

 2    Championship.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Stec on the resolution.

 5                 SENATOR STEC:   Thanks, 

 6    Madam President.  

 7                 It is my great honor today and I'm 

 8    very excited to introduce this wonderful team of 

 9    young women that came together last year.  The 

10    AuSable Valley Girls Varsity Soccer Team are the 

11    2021 Class C state champions.  With a 16-4-1 

12    record they defeated, back in November, 

13    Carle Place down in Suffolk County {sic}, 1 to 0, 

14    to win the state championship.

15                 The team name is a very exciting 

16    name for me, the Patriots.  Not that I'm an NFL 

17    Patriots fan, but I'm an American fan and I like 

18    a patriotic-sounding name.  But I've had the 

19    great privilege to be with these girls and their 

20    coaches and their families and supporters on a 

21    few occasions now as the community has come 

22    together to celebrate their great victory.  

23                 And they're joined by their coaches 

24    today, Lindsey Douglas, Michael Douglas and 

25    Heather Bezio.  


                                                               3671

 1                 And in addition to that, I should 

 2    note there are several parents in attendance.  

 3    But one of the parents also happens to be the 

 4    town supervisor of the Town of Jay, Matt Stanley, 

 5    and he has two daughters on the team.  So in 

 6    addition to running the Town of Jay, he's also 

 7    got two girls that are keeping him active and 

 8    healthy and doing great things on the soccer 

 9    field along with the rest of their teammates.  

10                 So if you would please welcome then 

11    and, again, congratulate them on a wonderful 

12    season.  And certainly we wish them all kinds of 

13    success, not only with the rest of the school 

14    year but in everything that they do from here 

15    forward.

16                 Thank you.

17                 ACTING PRESIDENT PERSAUD:   To our 

18    guests, I welcome you on behalf of the Senate.  

19    We extend the courtesies and privileges of the 

20    house.

21                 Please rise and be recognized.  And 

22    congratulations.

23                 (Standing ovation.)

24                 ACTING PRESIDENT PERSAUD:   The 

25    resolution was previously adopted on 5/17.


                                                               3672

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Madam President, 

 3    Senators Gaughran and Stec would like to open 

 4    those resolutions to cosponsorship.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    resolutions are open for cosponsorship.  Should 

 7    you choose not to be a cosponsor of the 

 8    resolutions, please notify the desk.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Please call on 

11    Senator Skoufis for an introduction.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Skoufis.

14                 SENATOR SKOUFIS:   Thanks very much, 

15    Madam President.  

16                 A former Senator, a former 

17    colleague, David Carlucci, was prolific in a lot 

18    of ways.  We all likely remember he was prolific 

19    here on the floor with his remarks, his words -- 

20    I think he spoke probably on every single bill 

21    that he ever passed in this chamber.  Back home, 

22    he was prolific with the sheer volume of events 

23    in Rockland County.  

24                 But really one of the great 

25    traditions that I admired was that each year he 


                                                               3673

 1    would bring up -- he would welcome the 

 2    valedictorians and the salutatorians from the 

 3    high schools that he represented.  

 4                 And in that vein, I'm happy to copy 

 5    that tradition and welcome from North Rockland to 

 6    Marlboro and many Orange County school districts 

 7    in between, the valedictorians and the 

 8    salutatorians for the 2022 school year in the 

 9    Hudson Valley.

10                 These are some of the best and 

11    brightest young men and women in our region.  I 

12    was privileged and very happy to spend some time 

13    with them throughout this afternoon and know that 

14    they have much success ahead of them.

15                 So if you wouldn't mind, 

16    Madam President, welcoming them, warmly welcoming 

17    them on behalf of the New York State Senate.  And 

18    on behalf of the 300,000 constituents I 

19    represent, congratulations on your wonderful work 

20    thus far and look forward to what's ahead.

21                 ACTING PRESIDENT PERSAUD:   To our 

22    guests, I welcome you on behalf of the Senate.  

23    We extend to you the privileges and courtesies of 

24    this house.

25                 Please rise and be recognized.  And 


                                                               3674

 1    congratulations.

 2                 (Standing ovation.)

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Gianaris.

 5                 SENATOR GIANARIS:   Madam President, 

 6    there will be an immediate meeting of the 

 7    Rules Committee in Room 332.

 8                 ACTING PRESIDENT PERSAUD:   There 

 9    will be an immediate meeting of the 

10    Rules Committee in Room 332.

11                 SENATOR GIANARIS:   The Senate will 

12    stand at ease.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senate will stand at ease.

15                 (Whereupon, the Senate stood at ease 

16    at 3:56 p.m.)

17                 (Whereupon, the Senate reconvened at 

18    4:16 p.m.)

19                 ACTING PRESIDENT PERSAUD:   The 

20    Senate will return to order.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   There's a report 

23    of the Rules Committee at the desk.  Can we 

24    please take that up.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               3675

 1    Secretary will read.

 2                 THE SECRETARY:   Senator 

 3    Stewart-Cousins, from the Committee on Rules, 

 4    reports the following bills:  

 5                 Senate Print 121B, by 

 6    Senator Kaplan, an act in relation to authorizing 

 7    the Commissioner of Education to conduct a study 

 8    regarding courses of study on the Holocaust 

 9    within the state; 

10                 Senate Print 293A, by Senator Myrie, 

11    an act to amend the Tax Law; 

12                 Senate Print 541B, by 

13    Senator Kaplan, an act to amend the 

14    Executive Law; 

15                 Senate Print 1086, by Senator 

16    Gaughran, an act to amend the Executive Law; 

17                 Senate Print 1737, by 

18    Senator Skoufis, an act to amend the 

19    Public Health Law; 

20                 Senate Print 2620, by 

21    Senator Jackson, an act to amend the 

22    Mental Hygiene Law and the Education Law; 

23                 Senate Print 3855A, by Senator 

24    Kennedy, an act to amend the Election Law; 

25                 Senate Print 4032, by 


                                                               3676

 1    Senator Comrie, an act to amend the 

 2    Public Service Law; 

 3                 Senate Print 4102A, by 

 4    Senator Savino, an act to amend the 

 5    Education Law;

 6                 Senate Print 4413, by Senator May, 

 7    an act to amend the Election Law; 

 8                 Senate Print 4620C, by 

 9    Senator Breslin, an act to amend the 

10    Insurance Law; 

11                 Senate Print 4686A, by 

12    Senator Helming, an act granting retroactive 

13    membership in the New York State and Local 

14    Employees' Retirement System to Justin Whitmore;

15                 Senate Print 5557A, by 

16    Senator Mayer, an act to amend the Retirement and 

17    Social Security Law; 

18                 Senate Print 6870B, by 

19    Senator Addabbo, an act to amend the 

20    Agriculture and Markets Law; 

21                 Senate Print 6887, by 

22    Senator Cooney, an act to amend the Vehicle and 

23    Traffic Law; 

24                 Senate Print 6980B, by 

25    Senator Gounardes, an act to amend the Retirement 


                                                               3677

 1    and Social Security Law; 

 2                 Senate Print 6988B, by 

 3    Senator Gounardes, an act to amend the Retirement 

 4    and Social Security Law; 

 5                 Senate Print 7018A, by 

 6    Senator Hinchey, an act authorizing the City of 

 7    Schenectady to alienate certain parcels of land; 

 8                 Senate Print 7068A, by Senator 

 9    Brooks, an act to amend the State Finance Law; 

10                 Senate Print 7081, by 

11    Senator O'Mara, an act to amend the 

12    Criminal Procedure Law; 

13                 Senate Print 7577B, by 

14    Senator Brouk, an act to amend the Labor Law; 

15                 Senate Print 7594A, by Senator 

16    Mannion, an act to amend the Social Services Law; 

17                 Senate Print 7664A, by Senator 

18    Harckham, an act to amend the Executive Law; 

19                 Senate Print 8191, by 

20    Senator Breslin, an act to amend the 

21    Insurance Law; 

22                 Senate Print 8202, by Senator Myrie, 

23    an act to amend the Election Law; 

24                 Senate Print 8206A, by 

25    Senator Hinchey, an act to amend the 


                                                               3678

 1    Public Health Law; 

 2                 Senate Print 8431A, by 

 3    Senator Parker, an act in relation to directing 

 4    the Department of Environmental Conservation, in 

 5    conjunction with the Environmental Justice 

 6    Interagency Coordinating Council and the Climate 

 7    Justice Working Group, to conduct a study on the 

 8    impacts of the urban island effect on 

 9    disadvantaged communities; 

10                 Senate Print 8475, by Senator 

11    Harckham, an act to amend the Military Law; 

12                 Senate Print 8476, by Senator 

13    Harckham, an act to amend the Military Law; 

14                 Senate Print 8597, by Senator Weik, 

15    an act in relation to authorizing the assessor of 

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

17    an application for exemption from real property 

18    taxes; 

19                 Senate Print 8633A, by Senator 

20    Comrie, an act to amend the Public Health Law; 

21                 Senate Print 8644, by 

22    Senator Savino, an act to amend the 

23    Education Law; 

24                 Senate Print 8649, by 

25    Senator Parker, an act to amend the 


                                                               3679

 1    Environmental Conservation Law; 

 2                 Senate Print 8650A, by 

 3    Senator Parker, an act to require the New York 

 4    State Energy Research and Development Authority 

 5    to develop recommendations regarding the 

 6    establishment of microgrids;

 7                 Senate Print 8670A, by 

 8    Senator Brooks, an act to amend the Banking Law; 

 9                 Senate Print 8691, by 

10    Senator Kaminsky, an act to amend the Nassau 

11    County Civil Divisions Act; 

12                 Senate Print 8729, by 

13    Senator Sanders, an act to amend the 

14    Executive Law; 

15                 Senate Print 8754, by Senator 

16    Hoylman, an act to amend the Family Court Act; 

17                 Senate Print 8786, by 

18    Senator Cleare, an act to amend the 

19    Social Services Law; 

20                 Senate Print 8799, by Senator 

21    Palumbo, an act in relation to authorizing 

22    Tu Vien Truc Lam Buddhist Central, Inc., to file 

23    an application for certain real property tax 

24    exemptions; 

25                 Senate Print 8806, by 


                                                               3680

 1    Senator Rivera, an act to amend the 

 2    Social Services Law; 

 3                 Senate Print 8810A, by 

 4    Senator Harckham, an act to incorporate the 

 5    Croton Falls Volunteer Fire Department Benevolent 

 6    Association, and providing for its powers and 

 7    duties; 

 8                 Senate Print 8815, by 

 9    Senator Krueger, an act to amend the 

10    State Finance Law; 

11                 Senate Print 8835A, by Senator Rath, 

12    an act to amend Chapter 425 of the Laws of 2012; 

13                 Senate Print 8861, by 

14    Senator Rivera, an act to amend the 

15    Social Services Law;

16                 Senate Print 8869, by 

17    Senator Rivera, an act to amend the Public 

18    Health Law; 

19                 Senate Print 8929, by 

20    Senator Palumbo, an act in relation to 

21    authorizing the assessor of the Town of 

22    Brookhaven, County of Suffolk, to accept an 

23    application for exemption from real property 

24    taxes for certain assessment rolls; 

25                 Senate Print 8971, by Senator 


                                                               3681

 1    Jordan, an act to amend the Public Officers Law; 

 2                 Senate Print 9009, by 

 3    Senator Addabbo, an act to amend the Racing, 

 4    Pari-Mutuel Wagering and Breeding Law; 

 5                 Senate Print 9025, by 

 6    Senator Reichlin-Melnick, an act to amend the 

 7    Public Lands Law; 

 8                 Senate Print 9056, by 

 9    Senator Gounardes, an act to amend the 

10    General Municipal Law and the Retirement and 

11    Social Security Law; 

12                 Senate Print 9057, by Senator Brouk, 

13    an act to amend the Mental Hygiene Law; 

14                 Senate Print 9069, by 

15    Senator Helming, an act to amend the 

16    Alcoholic Beverage Control Law; 

17                 Senate Print 9181, by 

18    Senator Kaminsky, an act to amend the 

19    Environmental Conservation Law; 

20                 Senate Print 9294A, by 

21    Senator Gounardes, an act to amend the 

22    Retirement and Social Security Law and the 

23    Workers' Compensation Law; 

24                 Senate Print 9299, by 

25    Senator Brooks, an act to amend the 


                                                               3682

 1    Environmental Conservation Law; 

 2                 Senate Print 9303, by 

 3    Senator Thomas, an act to amend the 

 4    Environmental Conservation Law; 

 5                 Senate Print 9321, by 

 6    Senator Hoylman, an act to amend Chapter 237 of 

 7    the Laws of 2015; 

 8                 Senate Print 9325, by 

 9    Senator Stewart-Cousins, an act authorizing the 

10    alienation of certain parklands in the Town of 

11    Greenburgh, in the County of Westchester; 

12                 Senate Print 9330, by 

13    Senator Gaughran, an act to amend the 

14    Environmental Conservation Law; 

15                 Senate Print 9332, by 

16    Senator Reichlin-Melnick, an act to amend the 

17    Real Property Tax Law; 

18                 Senate Print 9334, by 

19    Senator Addabbo, an act to amend the Racing, 

20    Pari-Mutuel Wagering and Breeding Law; 

21                 Senate Print 9335, by Senator Brouk, 

22    an act to amend the Mental Hygiene Law; 

23                 Senate Print 9337, by Senator Ramos, 

24    an act to amend Chapter 831 of the Laws of 1981; 

25                 Senate Print 9338, by Senator Ramos, 


                                                               3683

 1    an act to amend Chapter 451 of the Laws of 2012; 

 2                 Senate Print 9339, by 

 3    Senator Hinchey, an act to amend Chapter 748 of 

 4    the Laws of 1991; 

 5                 Senate Print 9340, by 

 6    Senator Biaggi, an act to amend the Vehicle and 

 7    Traffic Law; 

 8                 Senate Print 9341, by Senator 

 9    Hoylman, an act to amend the Judiciary Law; 

10                 Senate Print 9342, by Senator Ryan, 

11    an act to amend Chapter 498 of the Laws of 2011;

12                 Senate Print 9343, by Senator 

13    SepĂșlveda, an act to repeal subdivision 9 of 

14    Section 8-400 of the Election Law; 

15                 Senate Print 9344, by 

16    Senator Cleare, an act to amend the 

17    Insurance Law; and 

18                 Senate Print 9351, by 

19    Senator Sanders, an act to amend the New York 

20    City Charter.

21                 All bills reported direct to third 

22    reading.

23                 SENATOR GIANARIS:   Move to accept 

24    the report of the Rules Committee.

25                 ACTING PRESIDENT PERSAUD:   All 


                                                               3684

 1    those in favor of accepting the report of the 

 2    Rules Committee signify by saying aye.

 3                 (Response of "Aye.")

 4                 ACTING PRESIDENT PERSAUD:   Opposed, 

 5    nay.

 6                 (No response.)

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Rules Committee report is accepted.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Thank you, 

11    Madam President.

12                 Can we now take up the reading of 

13    the calendar.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Secretary will read.

16                 SENATOR GIANARIS:   I'm sorry, my 

17    apologies, Madam President.  

18                 Before we do that, we have an 

19    introduction.  Can you please recognize 

20    Senator Addabbo.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Addabbo for an introduction.

23                 SENATOR ADDABBO:   Thank you, 

24    Senator Gianaris.  Madam President, thank you.

25                 Good afternoon, everyone.  On behalf 


                                                               3685

 1    of the Italian-American State Legislators, I want 

 2    to invite you all to tonight's festa.  So leave a 

 3    little room for some cannoli, some good food and 

 4    good music.  But it is just a nice social event, 

 5    something that we haven't had in a couple of 

 6    years.  So again, I hope I see you all there, 

 7    7 o'clock tonight in Troy.

 8                 But I want to welcome some of our 

 9    visitors here who traveled a great way to be in 

10    our chambers.  But we get a moment to acknowledge 

11    the positive influences of Italian-Americans 

12    today.  

13                 And so please join me as we welcome 

14    the following individuals here from, again, all 

15    corners of the state.  We have Bob Fonti, Joe 

16    Scelsa, Anthony Naccarato, Jerry D'Amato, Gina 

17    Coletti, and Josephine Maietta.  They represent 

18    the New York State Order of Sons and Daughters of 

19    Italy and the Association of Italian American 

20    Educators.

21                 Thank you for being here.  Thank you 

22    for, again, promoting the positive influences of 

23    Italian-Americans throughout the state.  Thank 

24    you very much, and we welcome you.

25                 Thank you very much, ladies and 


                                                               3686

 1    gentlemen.  Thank you, Madam Chair.

 2                 ACTING PRESIDENT PERSAUD:   Thank 

 3    you.  

 4                 To our guests, I welcome you on 

 5    behalf of the Senate.  We extend to you the 

 6    courtesies and privileges of this house.  

 7                 Please rise and be recognized.

 8                 (Standing ovation.)

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Gianaris.

11                 SENATOR GIANARIS:   Now let's take 

12    up the reading of the calendar, please.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Secretary will read.

15                 THE SECRETARY:   Calendar Number 

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

17    act to amend the State Finance Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect on the first of January.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               3687

 1    the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    427, Assembly Print Number 6266A, by 

 7    Assemblymember Hevesi, an act to amend the 

 8    Social Services Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 427, those Senators voting in the 

20    negative are Senators Akshar, Borrello, Boyle, 

21    Griffo, Helming, Jordan, Lanza, Martucci, 

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

23    Ritchie, Stec, Tedisco and Weik.

24                 Ayes, 43.  Nays, 18.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3688

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    452, Senate Print 532A, by Senator Persaud, an 

 4    act to amend the Executive Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

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

 9    shall have become a law.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar Number 452, those Senators voting in the 

17    negative are Senators Akshar, Borrello, Boyle, 

18    Gallivan, Griffo, Helming, Jordan, Martucci, 

19    Mattera, Oberacker, O'Mara, Palumbo, Rath, 

20    Ritchie, Serino, Stec, Tedisco and Weik.

21                 Ayes, 43.  Nays, 18.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    469, Senate Print 6363A, by Senator Mayer, an act 


                                                               3689

 1    to amend the Criminal Procedure Law and the 

 2    Family Court Act.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 7.  This 

 6    act shall take effect immediately.  

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 469, those Senators voting in the 

14    negative are Senators Akshar, Borrello, Gallivan, 

15    Griffo, Helming, Jordan, Lanza, Martucci, 

16    Oberacker, O'Mara, Ortt, Rath, Ritchie, Stec and 

17    Tedisco.

18                 Ayes, 46.  Nays, 15.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    505, Senate Print Number 2053A, by 

23    Senator Reichlin-Melnick, an act to amend the 

24    Education Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               3690

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 505, those Senators voting in the 

11    negative are Senators Akshar, Borrello, Boyle, 

12    Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

15    Weik.

16                 Ayes, 41.  Nays, 20.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    555, Senate Print 1026A, by Senator Ramos, an act 

21    to amend the Workers' Compensation Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

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


                                                               3691

 1    shall have become a law.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar Number 555, voting in the negative:  

 9    Senator Lanza.

10                 Ayes, 60.  Nays, 1.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    625, Senate Print 192, by Senator Thomas, an act 

15    to amend the General Business Law.

16                 SENATOR LANZA:   Lay it aside.

17                 ACTING PRESIDENT PERSAUD:   Lay it 

18    aside.

19                 THE SECRETARY:   Calendar Number 

20    680, Senate Print 6133, by Senator Boyle, an act 

21    to amend the Alcoholic Beverage Control Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect on the 60th day after it 


                                                               3692

 1    shall have become a law.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    683, Senate Print 6287C, by Senator Mannion, an 

12    act to amend the Social Services Law and the 

13    Public Health Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 6.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3693

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    707, Senate Print 3010A, by Senator Ramos, an act 

 4    to amend the Public Health Law and the 

 5    Insurance Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect one year after it shall 

10    have become a law.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 61.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    712, Senate Print 3138B, by Senator Parker, an 

21    act to amend the Public Service Law and the 

22    General Business Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 4.  This 


                                                               3694

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

 2    shall have become a law.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    737, Senate Print 7687B, by Senator Palumbo, an 

13    act to amend the Alcoholic Beverage Control Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 61.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               3695

 1                 THE SECRETARY:   Calendar Number 

 2    794, Assembly Print Number 4677A, by 

 3    Assemblymember Paulin, an act to amend the 

 4    Public Officers Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 61.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    830, Senate Print 1848, by Senator Skoufis, an 

19    act to amend the Education Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3696

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 830, those Senators voting in the 

 6    negative are Senators Akshar, Borrello, Boyle, 

 7    Gallivan, Griffo, Helming, Jordan, Lanza, 

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

 9    Ritchie, Serino, Stec, Tedisco and Weik.

10                 Ayes, 42.  Nays, 19.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    833, Senate Print Number 7132B, by 

15    Senator Reichlin-Melnick, an act to amend the 

16    Education Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 4.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               3697

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    870, Senate Print 7484, by Senator Weik, an act 

 6    to amend the Executive Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Weik to explain her vote.

16                 SENATOR WEIK:   Thank you, 

17    Madam President.  Today I rise to explain my 

18    vote.  

19                 This bill would designate March 21st 

20    as Down Syndrome Awareness Day in the State of 

21    New York.  According to the CDC, Down Syndrome is 

22    a condition in which a person has an extra 

23    chromosome in their body.  That extra chromosome 

24    changes the baby's body and brain development.  

25    Down syndrome is the most common chromosomal 


                                                               3698

 1    condition in the United States, with 6,000 babies 

 2    born with Down syndrome annually.  

 3                 I think everyone in chamber 

 4    personally knows a family member or friend or a 

 5    neighbor who has been impacted by Down syndrome.  

 6    And we're very grateful for recent medical 

 7    advances that have helped thousands of people 

 8    impacted by Down syndrome live longer, happier 

 9    and healthier lives.  

10                 Earlier this year every member in 

11    this body joined in cosponsoring Senator Akshar's 

12    Down Syndrome Awareness Day resolution.  Passing 

13    this bill will make our commemoration an official 

14    and annual event.  I proudly vote aye and urge 

15    all my colleagues to join with me in supporting  

16    this bill to raise awareness of Down syndrome.

17                 Thank you.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Weik to be recorded in the affirmative.

20                 Announce the results.

21                 THE SECRETARY:   Ayes, 61.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    882, Senate Print 6399, by Senator Harckham, an 


                                                               3699

 1    act to amend the Education Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 61.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    935, Senate Print 953A, by Senator Gaughran, an 

16    act to amend the Real Property Tax Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               3700

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    942, Senate Print 8023A, by Senator Kaplan, an 

 6    act in relation to authorizing the Country of 

 7    Nassau assessor to accept an application for a 

 8    real property tax exemption from the Carle Place 

 9    Water District.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 942, voting in the negative:  

21    Senator O'Mara.

22                 Ayes, 60.  Nays, 1.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3701

 1    960, Assembly Print Number 8934B, by 

 2    Assemblymember Sayegh, an act to amend the 

 3    Public Officers Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 61.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    967, Senate Print 1225, by Senator Ritchie, an 

18    act to amend the Executive Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               3702

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 967, voting in the negative:  

 5    Senator Brisport.  

 6                 Ayes, 60.  Nays, 1.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    976, Assembly Print Number 1980, by 

11    Assemblymember Dinowitz, an act to amend the 

12    Real Property Tax Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 61.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3703

 1    993, Senate Print 655, by Senator Harckham, an 

 2    act to amend the Environmental Conservation Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

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

 7    shall have become a law.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 61.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    999, Senate Print 1889C, by Senator Skoufis, an 

18    act to amend the Retirement and Social Security 

19    Law.  

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3704

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 61.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 Calendar Number 1015 was amended 

 8    earlier today.  The bill is now high and will be 

 9    laid aside for the day.

10                 The Secretary will read.

11                 THE SECRETARY:   Calendar Number 

12    1055, Senate Print Number 4846, by 

13    Senator Reichlin-Melnick, an act to amend the 

14    Highway Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 5.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3705

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1074, Assembly Print Number 8375, by 

 4    Assemblymember Zebrowski, an act to amend the 

 5    Criminal Procedure Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 61.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1080, Senate Print 3946A, by Senator Mayer, an 

20    act to amend the Labor Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

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

25    shall have become a law.


                                                               3706

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 61.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1082, Senate Print 6525, by Senator Skoufis, an 

11    act to amend the Labor Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 61.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1083, Assembly Print Number 8458A, by 


                                                               3707

 1    Assemblymember Stirpe, an act in relation to 

 2    authorizing the Department of Labor to develop a 

 3    public awareness campaign promoting the New York 

 4    State Job Bank.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 61.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1088, Senate Print 8886, by Senator Sanders, an 

19    act to amend the Insurance Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 4.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3708

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 61.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1093, Assembly Print Number 8386A, by 

 9    Assemblymember McDonald, an act to amend the 

10    Mental Hygiene Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 61.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1123, Assembly Print Number 10088, by 

25    Assemblymember Thiele, an act to amend the 


                                                               3709

 1    Alcoholic Beverage Control Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 61.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.  

14                 THE SECRETARY:   Calendar Number 

15    1126, Senate Print 8977, by Senator Skoufis, an 

16    act to amend the Public Lands Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               3710

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 1126, voting in the negative:  

 3    Senator Brisport.

 4                 Ayes, 60.  Nays, 1.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1135, Senate Print 6460, by Senator Brooks, an 

 9    act to amend the Executive Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

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

14    shall have become a law.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 61.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1169, Senate Print 7338, by Senator Jordan, an 

25    act to amend Chapter 566 of the Laws of 1967.


                                                               3711

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 7.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 61.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1175, Senate Print 1751, by Senator Borrello, an 

15    act to amend the Uniform City Court Act.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 61.


                                                               3712

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1183, Assembly Print Number 9643, by 

 5    Assemblymember Gunther, an act to amend the 

 6    Judiciary Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 61.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1188, Senate Print 5533, by Senator Comrie, an 

21    act to amend the Public Authorities Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               3713

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 61.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1193, Assembly Print Number 9409, by 

11    Assemblymember Paulin, an act to amend the 

12    Religious Corporations Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 61.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3714

 1    1196, Assembly Print Number 10204, by the 

 2    Assembly Committee on Rules, an act to amend the 

 3    Not-For-Profit Corporation Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 61.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1217, Assembly Print Number 5390B, by 

18    Assemblymember Fahy, an act to amend the 

19    Environmental Conservation Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3715

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1217, those Senators voting in the 

 6    negative are Senators Akshar, Gallivan and Rath.

 7                 Ayes, 58.  Nays, 3. 

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1226, Assembly Print Number 9137A, by 

12    Assemblymember Septimo, an act in relation to 

13    renaming the 149th Street Grand Concourse subway 

14    station the "149th Street-Hostos Station."

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 1226, voting in the negative:  


                                                               3716

 1    Senator Krueger.

 2                 Ayes, 60.  Nays, 1.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1228, Senate Print 8532A, by Senator Jackson, an 

 7    act to amend the Retirement and Social Security 

 8    Law.  

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Jackson to explain his vote.

18                 SENATOR JACKSON:   Thank you, 

19    Madam President.  

20                 And my colleagues, I rise to speak 

21    in support of my bill S8532A.  

22                 There is a need for state 

23    investments to prioritize an inclusive recovery 

24    at a time of widening inequalities and persistent 

25    economic uncertainty.  One way to accomplish this 


                                                               3717

 1    is by modernizing the "Basket Clause," an 

 2    outdated investment regulation that hampers the 

 3    ability to achieve returns for retirees in the 

 4    state budget.  

 5                 We need the state to modernize 

 6    Section 177 of the New York State Retirement and 

 7    Social Security Law, the so-called Basket Clause.  

 8    The law, established in 1960, fails to reflect 

 9    the realities of the modern investment world and 

10    hampers our ability to wisely and prudently 

11    diversify our portfolios, maximize our 

12    risk-adjusted returns, and save money in the long 

13    run.  

14                 And notwithstanding, 

15    Madam President, the static nature of the law, 

16    significant structural changes in financial 

17    markets have occurred since Section 177 of the 

18    Retirement and Social Security Law was last 

19    updated.  There has been an increase in the 

20    relative size and importance of private and 

21    global markets compared to public markets.  

22                 This bill would amend the Retirement 

23    and Social Security Law by increasing the 

24    permitted prudent investment basket portfolio 

25    associated with -- from 25 percent to 35 percent.  


                                                               3718

 1    And this change would affect the public pension 

 2    funds in New York State and the five New York 

 3    City retirement systems.

 4                 If enacted, Madam President, the 

 5    changes in investment allowed by this bill would 

 6    allow the public pension fund in New York State 

 7    to prudently diversify their portfolios based on 

 8    current market conditions and obtain potentially 

 9    more significant returns, while maintaining a 

10    consistent prudent level of risk.  

11                 For these reasons, Madam President 

12    and my colleagues, I invite all of you to join me 

13    and vote aye.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Jackson to be recorded in the affirmative.

16                 Announce the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 1228, those Senators voting in the 

19    negative are Senators Borrello, Brisport, Lanza, 

20    O'Mara and Ortt.

21                 Ayes, 56.  Nays, 5.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1230, Senate Print 8871, by Senator Krueger, an 


                                                               3719

 1    act to amend the Executive Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 61.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1232, Senate Print 1352, by Senator Serrano, an 

16    act to amend the Education Law and the 

17    Public Health Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               3720

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1232, those Senators voting in the 

 4    negative are Senators Akshar, Borrello, Boyle, 

 5    Griffo, Helming, Jordan, Lanza, Mattera, 

 6    Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie, 

 7    Serino, Stec, Tedisco and Weik.

 8                 Ayes, 43.  Nays, 18.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1233, Senate Print 2019, by Senator Jackson, an 

13    act to amend the Education Law.

14                 SENATOR GIANARIS:   Lay it aside for 

15    the day.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    will be laid aside for the day.

18                 THE SECRETARY:   Calendar Number 

19    1237, Senate Print 4347B, by Senator Brouk, an 

20    act to amend the Education Law and the 

21    Social Services Law.

22                 SENATOR LANZA:   Lay it aside.

23                 ACTING PRESIDENT PERSAUD:   Lay it 

24    aside.

25                 THE SECRETARY:   Calendar Number 


                                                               3721

 1    1241, Senate Print 6592, by Senator Stavisky, an 

 2    act to amend the Education Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

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

 7    shall have become a law.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 61.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1247, Assembly Print Number 9971, by 

18    Assemblymember Cook, an act amending Chapter 534 

19    of the Laws of 1993.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3722

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 61.  

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1250, Assembly Print Number 9970, by 

 9    Assemblymember Williams, an act amending 

10    Chapter 548 of the Laws of 2004.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar Number 1250, voting in the negative:  

22    Senator Brisport.  

23                 Ayes, 60.  Nays, 1.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               3723

 1                 THE SECRETARY:   Calendar Number 

 2    1257, Assembly Print Number 9513, by 

 3    Assemblymember Fall, an act to amend Chapter 77 

 4    of the Laws of 2021.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1257, voting in the negative:  

16    Senator Gallivan.

17                 Ayes, 60.  Nays, 1.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1258, Assembly Print Number 9133, by 

22    Assemblymember Abbate, an act to amend the 

23    Civil Service Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               3724

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1271, Assembly Print Number 277A, by 

13    Assemblymember Steck, an act to amend the 

14    Highway Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3725

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1273, Assembly Print Number 7907A, by 

 4    Assemblymember Barrett, an act to amend the 

 5    Highway Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 61.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1276, Assembly Print Number 9382A, by 

20    Assemblymember Lavine, an act to amend the 

21    Highway Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 3.  This 

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


                                                               3726

 1    shall have become a law.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Gaughran to explain his vote.

 7                 SENATOR GAUGHRAN:   Thank you, 

 8    Madam President.

 9                 This legislation today will name the 

10    bridge on the Long Island Expressway Sunnyside 

11    Boulevard exit, Exit 46, as the "Police Officer 

12    Daniel J. Greer Memorial Bridge."

13                 Officer Greer was a 13-year veteran 

14    of the Nassau County Police Department and served 

15    with distinction.  Posthumously he was awarded 

16    the Purple Heart.  And sadly and tragically, he 

17    was killed by a drunk driver who was convicted of 

18    manslaughter.

19                 But rather than talking about that, 

20    I would like to talk about Officer Greer.  And I 

21    never had the honor of meeting him -- a true 

22    American hero -- so I would like to read a 

23    statement that was made a while back by his son, 

24    John Greer, who said:  "Daniel Joseph Greer, you 

25    were the strongest man I ever knew.  You weren't 


                                                               3727

 1    just my dad, you were my hero.  I wish you could 

 2    have met my beautiful wife Melissa and your 

 3    funny, intelligent, beautiful granddaughter 

 4    Elizabeth Grace.  She is going to follow in your 

 5    footprints and do great things.  You will always 

 6    be my hero.  Shooting star, gone too soon.  You 

 7    will never be forgotten."

 8                 And his partner, Detective First 

 9    Grade Gary Ferrucci:  "Dan was my partner in the 

10    Highway Patrol.  We were both assigned to the LIE 

11    in the program called Traffic Safety Patrol.  He 

12    was known as the Shooting Star on the citizen 

13    band.  He had a great laugh and would be there 

14    when you needed him always."  

15                 So Officer Daniel Greer, a shooting 

16    star, is now a star in heaven.  And I hope that 

17    50, 100 years from today when somebody's 

18    traveling the Long Island Expressway, they will 

19    look at his name, they will see a hero, and 

20    hopefully they will be inspired to do some great 

21    things, just like his granddaughter is going to 

22    do.

23                 So I vote in the affirmative, 

24    Madam President.  Thank you.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               3728

 1    Gaughran to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 1267, voting in the negative:  

 5    Senator Brisport.

 6                 Ayes, 60.  Nays, 1.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1277, Senate Print 8662, by Senator Mayer, an act 

11    to amend the Vehicle and Traffic Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 1277, voting in the negative:  

23    Senator Skoufis.  

24                 Ayes, 60.  Nays, 1.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3729

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1280, Assembly Print Number 9805, by 

 4    Assemblymember Magnarelli, an act to amend the 

 5    Vehicle and Traffic Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

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

10    shall have become a law.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 61.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1298, Assembly Print Number 9080A, by 

21    Assemblymember Hevesi, an act in relation to a 

22    study of the number of children in foster care 

23    who have a developmental disability.  

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               3730

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Mannion to explain his vote.

 8                 SENATOR MANNION:   Thank you, 

 9    Madam President.  

10                 And thank you to Leader 

11    Stewart-Cousins for making sure that this bill 

12    reached the floor.  It's an important one.  

13                 Individuals with intellectual and 

14    developmental disabilities in the United States 

15    are overrepresented in the child welfare system, 

16    especially among voluntarily placed youth.  

17    Nationally, anywhere from 30 to 50 percent of the 

18    youth involved in Child Protective Service have 

19    some type of disability.  

20                 New York currently has no mechanism 

21    for identifying the number of youth with 

22    intellectual and developmental disabilities in 

23    the foster care system.

24                 This legislation will require that 

25    the OCFS commissioner, in collaboration with 


                                                               3731

 1    OPWDD, will conduct a comprehensive study to 

 2    include the number of children with I/DD, an 

 3    assessment of the demographics, evaluation of the 

 4    current guidelines and regulations, and an 

 5    analysis of the preparation for the transition 

 6    out of foster care into an independent living 

 7    situation.

 8                 The outcome of this study will give 

 9    OCFS and OPWDD and the Legislature a better 

10    understanding of the gaps within the support 

11    system provided for I/DD individuals that are in 

12    foster care.

13                 With this knowledge we can have a 

14    significant impact on the futures of these young 

15    children.  Currently we don't have the data to 

16    understand to what extent that these children are 

17    not provided with the supports that they need and 

18    we have the professionals to do the work.

19                 I proudly vote aye.  Thank you, 

20    Madam President.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Mannion to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3732

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1300, Assembly Print Number 7256A, by 

 4    Assemblymember Rivera, an act to amend the 

 5    Public Service Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

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

10    shall have become a law.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Jackson to explain his vote.

16                 SENATOR JACKSON:   Thank you, 

17    Madam President.  

18                 My colleagues, I rise to speak in 

19    support of the legislation S1979A, sponsored by 

20    my colleague Assemblymember J.D. Rivera in the 

21    Assembly, who I wanted to thank for his 

22    partnership.

23                 Most small businesses in our state 

24    are classified as demand delivery customers.  

25    Their bills are based on the quantity and the 


                                                               3733

 1    peak flow of electricity over a specific length 

 2    of time.  

 3                 This legislation would allow more 

 4    small businesses and other consumers to project 

 5    their electricity utility costs, allowing all 

 6    electricity customers in New York to be fully 

 7    informed of the formula used to calculate their 

 8    utility bills.  And they can adjust electricity 

 9    usage habits and costs.  

10                 In some business segments of our 

11    great state, unpredictable electricity costs can 

12    make or break a business success.  We all know 

13    that knowledge is power.  And I want to take this 

14    opportunity to thank my colleagues across the 

15    aisle for supporting this bill in our committee.

16                 The average New Yorker should not be 

17    burdened with reading hundreds of pages of 

18    tariffs to understand and forecast their 

19    electricity bills.  In the spirit of electricity 

20    pricing transparency for all, I hope you will 

21    join me in voting aye to provide small businesses 

22    and all electricity consumers the knowledge to 

23    reduce their electric bills.

24                 Thank you.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               3734

 1    Jackson to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1300, those Senators voting in the 

 5    negative are Senators Akshar, Borrello, Boyle, 

 6    Gallivan, Griffo, Jordan, Lanza, Martucci, 

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

 8    Ritchie, Stec and Weik.

 9                 Ayes, 44.  Nays, 17.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1307, Senate Print 8919, by Senator Hinchey, an 

14    act to amend the Public Service Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 1307, voting in the negative:  


                                                               3735

 1    Senator Gallivan.

 2                 Ayes, 60.  Nays, 1.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1313, Assembly Print Number 4158, by 

 7    Assemblymember Lavine, an act to amend the 

 8    Election Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 1313, those Senators voting in 

20    the negative are Senators Akshar, Borrello, 

21    Boyle, Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

24    Weik.

25                 Ayes, 41.  Nays, 20.


                                                               3736

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1323, Senate Print 5438A, by Senator Hinchey, an 

 5    act to amend the Alcoholic Beverage Control Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 61.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1327, Assembly Print Number 9543, by 

20    Assemblymember Hunter, an act to amend the 

21    Alcoholic Beverage Control Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               3737

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 61.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1337, Senate Print 7356A, by Senator Hinchey, an 

11    act in relation to directing the Commissioner of 

12    Health and the Commissioner of the Office for 

13    People with Developmental Disabilities to conduct 

14    a study of the delivery of services to 

15    individuals with traumatic brain injury.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Hinchey to explain her vote.

25                 SENATOR HINCHEY:   Thank you, 


                                                               3738

 1    Madam President.

 2                 I rise today to tell a quick story.  

 3    In 2014, Hannah was just 16 years old when she 

 4    was crossing a street in my district and was 

 5    struck by a texting driver.  That accident 

 6    resulted in Hannah's traumatic brain injury.  And 

 7    today she is 23 years old, requiring 24/7 care.

 8                 They lived in Ulster County, where 

 9    they've lived -- she and her mother lived in 

10    Ulster County, where they lived their entire 

11    lives.  And unfortunately they spent day after 

12    day, year after year trying to find the services 

13    to take care of Hannah, trying to find the 

14    services that Hannah needed to live a decent 

15    quality of life with a TBI.  

16                 And what they found was that there 

17    were no services to be found.  Unfortunately, 

18    they actually had to leave the Hudson Valley and 

19    move to Long Island to find the care that they 

20    needed.  

21                 That's unacceptable.  No matter 

22    where you live and who you are, you should be 

23    able to access care that you need.

24                 In our research while looking -- 

25    while working with Hannah and her family, her 


                                                               3739

 1    mother, Kate, we found out that the Health 

 2    Department actually stopped publishing data about 

 3    TBIs in 2014.  We need to do better.  

 4                 So what this bill does is it 

 5    provides the first comprehensive study for TBI 

 6    and other brain injury-related services across 

 7    the state, so that we can understand where the 

 8    gaps are.  We can make sure that people, no 

 9    matter if they have an injury by playing football 

10    in high school or if they fall or unfortunately 

11    and tragically if they get hit by a car, they 

12    will be able to stay in their communities, stay 

13    with their families and get the care that they 

14    need.

15                 I am incredibly proud of Hannah.  

16    I'm incredibly proud of her mother, Katherine, 

17    and the work that they have done really elevating 

18    this issue to make this -- to really bring to 

19    light the challenges that we are seeing, that 

20    families are seeing across the state.

21                 I'm really proud to carry this bill, 

22    and I'm really proud to vote aye.  

23                 Thank you.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Hinchey to be recorded in the affirmative.


                                                               3740

 1                 Announce the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1346, Senate Print 8937, by Senator Brisport, an 

 7    act to amend the Public Health Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

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

12    shall have become a law.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 1346, those Senators voting in the 

20    negative are Senators Borrello, Gallivan, Lanza, 

21    Martucci, Oberacker, O'Mara, Ortt, Stec and Weik.

22                 Ayes, 52.  Nays, 9.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3741

 1    1350, Assembly Print Number 5321, by 

 2    Assemblymember Sillitti, an act to amend the 

 3    Legislative Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1350, those Senators voting in the 

15    negative are Senators Akshar, Borrello, Gallivan, 

16    Griffo, Helming, Jordan, Lanza, Martucci, 

17    Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie, 

18    Serino, Stec, Tedisco and Weik.

19                 Ayes, 43.  Nays, 18.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1351, Assembly Print Number 381A, by 

24    Assemblymember Paulin, an act to amend the 

25    General Business Law.


                                                               3742

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

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

 5    shall have become a law.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 61.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1354, Senate Print 1165A, by Senator Kaminsky, an 

16    act to amend the General Business Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.  

19                 THE SECRETARY:   Section 10.  This 

20    act shall take effect one year after it shall 

21    have become a law.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               3743

 1    the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1363, Senate Print 7014, by Senator Addabbo, an 

 7    act to amend the Racing, Pari-Mutuel Wagering and 

 8    Breeding Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 61.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1364, Senate Print 7015, by Senator Addabbo, an 

23    act to amend the Penal Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               3744

 1                 THE SECRETARY:   Section 8.  This 

 2    act shall take effect immediately.  

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1367, Senate Print 8087, by Senator Kennedy, an 

13    act to authorize the widow of Gerald J. Sullivan 

14    to file an application with the New York State 

15    and Local Police and Fire Retirement System on 

16    behalf of such deceased member and deem such 

17    application as timely filed.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               3745

 1    the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1368, Senate Print 8192, by Senator Breslin, an 

 7    act to amend the Civil Service Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 61.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1371, Assembly Print Number 8319C, by 

22    Assemblymember Paulin, an act to amend the 

23    General Business Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               3746

 1                 THE SECRETARY:   Section 2.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1372, Assembly Bill Number 9379A, by 

14    Assemblymember Englebright, an act in relation to 

15    authorizing VFW Post 4927 to file an application 

16    for exemption from real property taxes for 

17    certain assessment rolls.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               3747

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 1372, those Senators voting in the 

 4    negative are Senators Akshar and O'Mara.

 5                 Ayes, 59.  Nays, 2.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1374, Senate Print 8578B, by Senator Harckham, an 

10    act to amend the Domestic Relations Law and the 

11    Family Court Act.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 4.  This 

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

16    shall have become a law.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Harckham to explain his vote.

22                 SENATOR HARCKHAM:   Thank you, 

23    Madam President.

24                 In 2001, after an outcry from 

25    parents, attorneys and others within the court 


                                                               3748

 1    system about their negative experiences with 

 2    forensic custody evaluators, the then Governor 

 3    established a blue ribbon commission to look into 

 4    the practice and the relationship within the 

 5    court system that forensic custody evaluators 

 6    have on the custody process during divorce 

 7    proceedings, and the outsized role that these 

 8    people have on the very important decisions 

 9    around children and the family unit.  

10                 And in fact the report found that 

11    some of those decisions placed children at risk 

12    of harm or even death.  And some of the 

13    recommendations that came out of that panel, they 

14    said they were aware, and I quote, "of the 

15    profound and permanently life-changing impact 

16    forensic custody evaluations have on many 

17    children and parents, as well as the documented 

18    flaws in custody evaluation."  And this report 

19    makes sweeping recommendations on how to revamp 

20    the system.

21                 But until those recommendations are 

22    implemented, this is a very important first step 

23    because there are forensic evaluators who have 

24    been dismissed from that role for cause and then 

25    reappear, oftentimes in the same cases, as expert 


                                                               3749

 1    witnesses.  And this has the impact of really 

 2    violating people and victimizing them a second 

 3    time.

 4                 So this bill simply says that those 

 5    who have been dismissed cannot be returned as 

 6    expert witnesses in these very, very important 

 7    and sensitive matters.

 8                 I vote aye.  Thank you.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Harckham to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   Ayes, 61.

13                 ACTING PRESIDENT PERSAUD:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1377, Senate Print 8733, by Senator Boyle, an act 

17    in relation to authorizing the assessor of the 

18    Town of Islip, County of Suffolk, to accept from 

19    the Iglesia Del Dios Vivo Col y Apoyo Dela Verdad 

20    La Luz Mundo an application for exemption from 

21    real property taxes.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               3750

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 1377, those Senators voting in the 

 8    negative are Senators Akshar and O'Mara.

 9                 Ayes, 59.  Nays, 2.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1379, Assembly Print Number 9820A, by 

14    Assemblymember Fahy, an act to amend Chapter 238 

15    of the Laws of 2021.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 61.


                                                               3751

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1380, Assembly Print Number 9868, by 

 5    Assemblymember Paulin, an act to amend Part P of 

 6    Chapter 39 of the Laws of 2019.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 61.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1381, Assembly Print Number 9135, by 

21    Assemblymember Englebright, an act to amend the 

22    Real Property Tax Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               3752

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1382, Assembly Print Number 9972, by 

12    Assemblymember Clark, an act to amend Chapter 192 

13    of the Laws of 2009.

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3753

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1383, Senate Print 8942, by Senator Harckham, an 

 4    act to amend Chapter 317 of the Laws of 2020.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1383, those Senators voting in the 

16    negative are Senators Akshar, Borrello, Boyle, 

17    Griffo, Jordan, Lanza, O'Mara, Ortt, Rath and 

18    Serino.

19                 Ayes, 51.  Nays, 10.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1384, Senate Print 8969, by Senator Martucci, an 

24    act to amend the Executive Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               3754

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1385, Assembly Print Number 10219, by the 

14    Assembly Committee on Rules, an act to amend the 

15    Vehicle and Traffic Law.

16                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               3755

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1386, Assembly Print Number 9956, by 

 6    Assemblymember Dinowitz, an act to amend 

 7    Chapter 483 of the Laws of 2017.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 61.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1387, Assembly Print Number 10178, by the 

22    Assembly Committee on Rules, an act to amend 

23    Chapter 366 of the Laws of 2011.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               3756

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1388, Senate Print 9004, by Senator Brisport, an 

13    act to amend the Social Services Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 8.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3757

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1389, Senate Print 9008, by Senator May, an act 

 4    to amend the Elder Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 61.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1390, Senate Print 9035, by Senator Hoylman, an 

19    act to amend Chapter 455 of the Laws of 1997.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3758

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 1390, those Senators voting in 

 6    the negative are Senators Akshar and Brisport.

 7                 Ayes, 59.  Nays, 2.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1392, Senate Print 9038, by Senator Brooks, an 

12    act to amend the General Municipal Law and the 

13    Penal Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 61.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               3759

 1                 THE SECRETARY:   Calendar Number 

 2    1393, Senate Print 9044, by Senator Mannion, an 

 3    act to amend the Elder Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 61.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1397, Senate Print 9094, by Senator Liu, an act 

18    to amend the Executive Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect on the 60th day after it 

23    shall have become a law.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3760

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 61.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1398, Assembly Print Number 10153, by the 

 9    Assembly Committee on Rules, an act to amend the 

10    Labor Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 61.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1399, Senate Print 9096, by Senator Ramos, an act 

25    to amend the Workers' Compensation Law.


                                                               3761

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 61.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1401, Assembly Print Number 10137, by 

15    Assemblymember Cunningham, an act to amend Part U 

16    of Chapter 56 of the Laws of 2018.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately .

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.  

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               3762

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1402, Senate Print 9152, by Senator Sanders, an 

 6    act to amend Chapter 526 of the Laws of 1998.  

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 61.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1403, Senate Print 9184, by Senator SepĂșlveda, an 

21    act to amend the Local Finance Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 10.  This 

25    act shall take effect immediately.


                                                               3763

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.  

 6                 THE SECRETARY:   Ayes, 61.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1404, Assembly Print Number 10194, by the 

11    Assembly Committee on Rules, an act to amend 

12    Chapter 378 of the Laws of 2014.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 61.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3764

 1    1405, Senate Print 9296, by Senator Ryan, an act 

 2    to amend the Education Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect on the 60th day after it 

 7    shall have become a law.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 61.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1406, Senate Print 9297, by Senator Kavanagh, an 

18    act to amend the Private Housing Finance Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.  

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               3765

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 1406, voting in the negative:  

 5    Senator Martucci.  

 6                 Ayes, 60.  Nays, 1.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1407, Assembly Print Number 10182, by the 

11    Assembly Committee on Rules, an act to amend the 

12    Environmental Conservation Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2 This act 

16    shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 61.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3766

 1    1408, Assembly Print Number 10160, by the 

 2    Assembly Committee on Rules, an act to amend the 

 3    Environmental Conservation Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 61.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1409, Assembly Print Number 10166, by the 

18    Assembly Committee on Rules, an act to amend the 

19    Environmental Conservation Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               3767

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 61.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1410, Assembly Print Number 10159, by the 

 9    Assembly Committee on Rules, an act to amend the 

10    Environmental Conservation Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 61.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1411, Assembly Print Number 10163, by the 

25    Assembly Committee on Rules, an act to amend the 


                                                               3768

 1    Environmental Conservation Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    May to explain her vote.

11                 SENATOR MAY:   Thank you, 

12    Madam President.  

13                 I know it is vanishingly rare for 

14    anybody to speak on one of these departmental 

15    extenders, but I just have to say one thing.  

16                 Back in the '70s and '80s my mother 

17    was the chief of staff to our state 

18    representative in Massachusetts, and she didn't 

19    come home a single day without talking about 

20    alewife, because the Alewife Brook Reservation 

21    was in the district, and they were always trying 

22    to protect it and then they spent years trying to 

23    get a new subway station built on the Red Line at 

24    Alewife.  

25                 And so I know it's pure serendipity 


                                                               3769

 1    that this bill is attached to my name here, but I 

 2    think my mother is smiling somewhere to know that 

 3    her daughter is passing an alewife conservation 

 4    bill in the New York State Legislature.  

 5                 And I vote aye.  Thank you.

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    May to be recorded in the affirmative.

 8                 Announce the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1412, Assembly Print Number 10177, by the 

14    Assembly Committee on Rules, an act to amend the 

15    Environmental Conservation Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 61.


                                                               3770

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1413, Assembly Print Number 10201, by the 

 5    Assembly Committee on Rules, an act to amend the 

 6    Environmental Conservation Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 61.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1414, Assembly Print Number 10142, by 

21    Assemblymember Lucas, an act to amend Part U of 

22    Chapter 55 of the Laws of 2014.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               3771

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1415, Assembly Print Number 10193, by the 

12    Assembly Committee on Rules, an act to amend the 

13    Environmental Conservation Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 61.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               3772

 1                 THE SECRETARY:   Calendar Number 

 2    1416, Assembly Print Number 10199, by the 

 3    Assembly Committee on Rules, an act to amend the 

 4    Environmental Conservation Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 61.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 Senator Gianaris, that completes the 

18    reading of today's calendar.

19                 SENATOR GIANARIS:   Thank you, 

20    Madam President.  

21                 If we could return to Senate Bill 

22    8886, I'd like to move to reconsider the vote by 

23    which that bill was passed.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Secretary will read.


                                                               3773

 1                 THE SECRETARY:   Calendar Number 

 2    1088, Senate Print 8886, by Senator Sanders, an 

 3    act to amend the Insurance Law.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 THE SECRETARY:   Ayes, 61.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is restored to its place on the Third Reading 

10    Calendar.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Can we now lay 

13    it aside for the day, please.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    will be laid aside for the day.  

16                 SENATOR GIANARIS:   Can we now move 

17    to the controversial calendar.

18                 ACTING PRESIDENT PERSAUD:   The 

19    Secretary will ring the bell.

20                 The Secretary will read.

21                 THE SECRETARY:   Calendar Number 

22    625, Senate Print 192, by Senator Thomas, an act 

23    to amend the General Business Law.

24                 (Pause.)

25                 SENATOR GIANARIS:   Madam President, 


                                                               3774

 1    as we go through the controversial calendar can 

 2    we begin with Calendar 1237, please.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Lanza, why do you rise?

 5                 SENATOR LANZA:   Madam President, I 

 6    believe there's an amendment at the desk.  I 

 7    waive the reading of that amendment and ask that 

 8    you recognize Senator Palumbo to be heard.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    Secretary will read first.

11                 THE SECRETARY:   Calendar Number 

12    1237, Senate Print 4347B, by Senator Brouk, an 

13    act to amend the Education Law and the 

14    Social Services Law.

15                 SENATOR LANZA:   Madam President, I 

16    believe there is still an amendment at the desk.  

17    I waive the reading of that amendment and ask 

18    that you recognize Senator Palumbo to be heard.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you, Senator Lanza.  

21                 Upon review of the amendment, in 

22    accordance with Rule 6, Section 4B, I rule it 

23    nongermane and out of order at this time.

24                 SENATOR LANZA:   Accordingly, 

25    Madam President, I appeal the ruling of the chair 


                                                               3775

 1    and ask that you recognize Senator Palumbo.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    appeal has been made and recognized, and Senator 

 4    Palumbo may be heard.

 5                 Senator Palumbo.

 6                 SENATOR PALUMBO:   Thank you, 

 7    Madam President.  Good afternoon.

 8                 I do appeal the ruling of the chair, 

 9    as this proposed amendment is germane to the 

10    bill-in-chief.  And with respect to the 

11    bill-in-chief, we all absolutely support these 

12    type of mental health services, and that's 

13    something that we all get behind, without 

14    question.  So I do certainly support the 

15    bill-in-chief.

16                 But this proposed amendment would 

17    add another layer of protection that would 

18    actually involve -- or another layer of analysis 

19    that would involve public protection.  So the 

20    need in our school systems is relating to 

21    guidance, support and emotional development of 

22    our students.  May is Mental Health Awareness 

23    Month, therefore it's both a good time to 

24    acknowledge this awful crisis that's been 

25    gripping our communities and the need for robust 


                                                               3776

 1    mental health services in our schools.

 2                 Last fall the American Academy of 

 3    Pediatrics, along with the American Academy of 

 4    Child and Adolescent Psychiatry, as well as the 

 5    Children's Hospital Association, declared a 

 6    national emergency in child and adolescent mental 

 7    health, citing both a decades-long rise in 

 8    childhood mental health concerns but also the 

 9    tolls of this pandemic.  Centers for Disease 

10    Control and Prevention researchers quantify that 

11    toll in several reports.  They found between 

12    March and October 2020, emergency department 

13    visits for mental health emergencies rose by 

14    24 percent for children ages 5 to 11 years, and 

15    31 percent for children ages 12 to 17 years.  

16                 In addition, emergency department 

17    visits for suspected suicide attempts increased 

18    nearly 51 percent among girls ages 12 to 17 in 

19    early 2021 compared to the same period in 2019.

20                 So despite this obvious need, access 

21    to care remains limited.  And only 20 percent of 

22    children with mental, behavioral or emotional 

23    disorders receive specialized care.  

24                 So this amendment would seek to 

25    address that crisis, Madam President, expand 


                                                               3777

 1    access by establishing a mental health services 

 2    coordinator program, and most importantly 

 3    reimburse school districts for the hiring of 

 4    mental health services professionals.  

 5                 So we're not continuing to have 

 6    school districts figure out how to pay for these 

 7    individuals and maybe even struggle, like some 

 8    programs in my districts, for program funding 

 9    every budget cycle.  This would be something 

10    where the state would foot the bill and it would 

11    provide that extra layer of protection for public 

12    protection to see if these individuals are also 

13    dangerous to anyone other -- to themselves and/or 

14    others.

15                 So as such, Madam President, I would 

16    respectfully suggest that this bill and amendment 

17    are one and the same and that this amendment is 

18    germane, and I request that my colleagues vote 

19    aye.  Thank you.

20                 ACTING PRESIDENT PERSAUD:   Thank 

21    you, Senator.  

22                 I want to remind the house that the 

23    vote is on the procedures of the house and the 

24    ruling of the chair.

25                 Those in favor of overruling the 


                                                               3778

 1    chair, signify by saying aye.

 2                 SENATOR LANZA:   Request a show of 

 3    hands.

 4                 SENATOR GIANARIS:   Madam President, 

 5    we've agreed to waive the showing of hands and 

 6    record each member of the Minority in the 

 7    affirmative.

 8                 ACTING PRESIDENT PERSAUD:   Without 

 9    objection, so ordered.

10                 Announce the results.

11                 THE SECRETARY:   Ayes, 20.

12                 ACTING PRESIDENT PERSAUD:   The 

13    ruling of the chair stands, and the bill-in-chief 

14    is before the house.

15                 Are there any other Senators wishing 

16    to be heard?  

17                 Seeing and hearing none, the debate 

18    is closed.  The Secretary will ring the bell.

19                 Read the last section.

20                 THE SECRETARY:   Section 9.  This 

21    act shall take effect 12 months after it shall 

22    have become a law.

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               3779

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 61.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 SENATOR GIANARIS:   Madam President, 

 7    can we now move on to Calendar Number 625.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Secretary will read.

10                 THE SECRETARY:   Calendar Number 

11    625, Senate Print 192, by Senator Thomas, an act 

12    to amend the General Business Law.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Borrello, why do you rise?

15                 SENATOR BORRELLO:   Madam President, 

16    will the sponsor yield for a question.

17                 ACTING PRESIDENT PERSAUD:   Will the 

18    sponsor yield?  

19                 SENATOR THOMAS:   Through you, 

20    Madam President, it depends on how many questions 

21    Senator Borrello wants to ask me.

22                 (Laughter.)

23                 ACTING PRESIDENT PERSAUD:   Will the 

24    sponsor yield? 

25                 SENATOR THOMAS:   Yes.


                                                               3780

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor will yield.

 3                 SENATOR BORRELLO:   Thank you, 

 4    Madam President.

 5                 Good afternoon, Senator Thomas.  My 

 6    first of 17 questions -- no. 

 7                 (Laughter.)

 8                 SENATOR BORRELLO:   My first 

 9    question is I notice that your bill actually 

10    changes the provisions of Section 198A, 

11    subsection (a) of the General Business Law to 

12    replace the definition of "consumer" with 

13    "purchaser."

14                 Now, my understanding is the 

15    Lemon Law is a consumer protection law.  So can 

16    you please explain why we're changing it from 

17    consumer to purchaser?  

18                 SENATOR THOMAS:   Through you, 

19    Madam President.  The whole purpose behind this 

20    bill is to make our roads safer by expanding on 

21    the type of vehicle covered.

22                 So the easiest way to change that in 

23    our current consumer law, in this Lemon Law bill, 

24    is to change the consumer part to purchaser so 

25    that both those individuals that purchase a 


                                                               3781

 1    vehicle for a commercial purpose and for consumer 

 2    household purposes can be covered.

 3                 SENATOR BORRELLO:   Madam President, 

 4    will the sponsor continue to yield.

 5                 ACTING PRESIDENT PERSAUD:   Will the 

 6    sponsor yield? 

 7                 SENATOR THOMAS:   Yes, 

 8    Madam President.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.  

11                 SENATOR BORRELLO:   You say the 

12    purpose is to make our roads safer.  But, you 

13    know, if you utilize the Lemon Law it's already 

14    after a defect has occurred.  Right?  

15                 So how would this make the roads 

16    safer if you would have to know in advance that 

17    there was a defect?  And typically the defect 

18    would result in some kind of an action that 

19    likely may lead to something that could be, 

20    unfortunately, an accident.  

21                 So I'm not sure how the change from 

22    "consumer" to "purchaser" in general would make 

23    our roads safer.

24                 SENATOR THOMAS:   Through you, 

25    Madam President.  Usually the purchaser will know 


                                                               3782

 1    in the first couple of days whether the vehicle 

 2    has any mechanical issues or not.  And the 

 3    Lemon Law covers these kind of issues.  A vehicle 

 4    that has mechanical issues and has been going to 

 5    the workshop for a number of times and it's been 

 6    sitting there trying to get fixed for a number of 

 7    days will be covered by this action.  

 8                 And yes, you know, knowing that 

 9    there is a problem with the vehicle and getting 

10    it fixed will make our roads safer.

11                 SENATOR BORRELLO:   Thank you, 

12    Madam President.  Will the sponsor continue to 

13    yield?

14                 ACTING PRESIDENT PERSAUD:   Will the 

15    sponsor yield? 

16                 SENATOR THOMAS:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR BORRELLO:   Thank you.  

20    Through you, Madam President.  

21                 So in that case, you know, we're 

22    talking about adding commercial vehicles, 

23    essentially, to the list, as opposed to just a -- 

24    where you have a single driver, essentially, for 

25    the most part, or a family.  But now you're 


                                                               3783

 1    talking about vehicles that will be driven by 

 2    multiple people, leased vehicles, people that 

 3    are -- you know, whatever.  Fleets driven by 

 4    multiple people.  

 5                 So that, in general, leads to 

 6    typically more abuse.  And statistically, also 

 7    those vehicles are serviced less, which is not a 

 8    defect of the manufacturer but is simply the 

 9    fault of the situation.

10                 So would this bill make the 

11    manufacturer responsible for vehicles that were 

12    modified, for example, like a utility truck with 

13    a lift bucket or an ambulance?  Would the 

14    original manufacturer that made the truck that 

15    was not necessarily built exclusively for that 

16    purpose now be responsible for defects as a 

17    result of the modification made by a third party?  

18                 SENATOR THOMAS:   Through you, 

19    Madam President, this bill does not cover wear 

20    and tear.  This is for specific mechanical 

21    issues.  

22                 And under the Magnuson-Moss Warranty 

23    Act, a manufacturer can only void a new car 

24    warranty due to modification if it has proven 

25    that the modified part was the cause of the 


                                                               3784

 1    problem.  

 2                 So this is not for the general wear 

 3    and tear use of a vehicle.  It's when there's an 

 4    actual mechanical issue that's not caused by the 

 5    purchaser.

 6                 SENATOR BORRELLO:   Madam President, 

 7    will the sponsor continue to yield.

 8                 ACTING PRESIDENT PERSAUD:   Will the 

 9    sponsor yield?

10                 SENATOR THOMAS:   Yes.

11                 ACTING PRESIDENT PERSAUD:   The 

12    sponsor yields.

13                 SENATOR BORRELLO:   So just to 

14    unpack that for a minute.  

15                 So if the original manufacturer is, 

16    say, Ford, for a truck, and you have a third 

17    party that comes in and modifies that truck and 

18    turns it into a utility truck with a bucket -- 

19    I'll use that as an example -- and there is a 

20    defect from that third-party manufacturer that 

21    essentially impacts the entire vehicle, is the 

22    original manufacturer responsible for that 

23    warranty repair?

24                 SENATOR THOMAS:   Through you, 

25    Madam President, it should be whoever modified 


                                                               3785

 1    that vehicle.

 2                 SENATOR BORRELLO:   Madam President, 

 3    will the sponsor continue to yield?  

 4                 ACTING PRESIDENT PERSAUD:   Will the 

 5    sponsor yield?

 6                 SENATOR THOMAS:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR BORRELLO:   Do you happen to 

10    know where in the bill it would hold the modifier 

11    and not the original manufacturer responsible for 

12    that defect?  

13                 SENATOR THOMAS:   Through you, 

14    Madam President, are you looking for the specific 

15    section in the bill or --

16                 SENATOR BORRELLO:   Through you, 

17    Madam President, just anything, any language in 

18    the bill that would ensure that, for example, 

19    Ford, who manufactured the original truck, isn't 

20    going to have to be responsible for a defect that 

21    may have impacted, say, the original chassis 

22    because of a defect that was caused by the add-on 

23    parts, the modification parts that the third 

24    party modifier may have done.

25                 SENATOR THOMAS:   Through you, 


                                                               3786

 1    Madam President.  My bill specifically talks 

 2    about those companies that make the modification.  

 3    So it would be on them to fix the issue if there 

 4    is a cause of concern.

 5                 SENATOR BORRELLO:   Madam President, 

 6    on the bill.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Borrello on the bill.

 9                 SENATOR BORRELLO:   Thank you, 

10    Senator Thomas.

11                 You know, we've actually been down 

12    this road a couple of times.  This is just my 

13    turn to be the guest appearance on the debate.

14                 But I think this is an issue where, 

15    once again -- and this is a topic that I have 

16    brought up time and time again here in the 

17    Senate, is that we are doing something in 

18    New York State that few others are doing.  And 

19    when you do something like that and you start 

20    talking about international companies, car 

21    manufacturers like General Motors and Ford, and 

22    big companies that make modifications to vehicles 

23    to turn them into commercial vehicles, 

24    commercially used vehicles, we're now going to 

25    say in New York that there is at least a partial 


                                                               3787

 1    responsibility on the part of the original 

 2    manufacturer.  

 3                 And why that creates a problem is 

 4    that when you start talking about commercial 

 5    vehicles, it is typically a two-step process.  

 6    It's rare that a commercial vehicle rolls off the 

 7    assembly line as it was made as a passenger 

 8    vehicle and then is immediately put into 

 9    commercial service.  It requires modifications.  

10    Ambulances, school buses, limousines, utility 

11    trucks -- the list goes on and on.  

12                 And in New York State we're going to 

13    say -- we're going to put an additional burden, 

14    and in some cases a questionable burden where we 

15    would say now this is going to require 

16    litigation, because it's not clear is this the 

17    responsibility of the original manufacturer or is 

18    this a responsibility of the person who modified 

19    it or is this something that occurred as the 

20    result of the nature, the very nature of a 

21    commercial-use vehicle, where there is multiple 

22    drivers, where there are multiple opportunities 

23    for these things to be used and abused beyond the 

24    original specs of the passenger vehicle that it 

25    started as.  


                                                               3788

 1                 So when you do that, it allows the 

 2    manufacturers now to say:  I don't want to do 

 3    business in New York, because I have an 

 4    additional burden.  And if I'm going to do 

 5    business in New York, I'm going to add an 

 6    additional cost to those consumers -- or in this 

 7    case, purchasers -- in New York State.

 8                 So now we're talking about taking a 

 9    state where it's already difficult to do 

10    business, it's already expensive to do business, 

11    and we're going to make that burden even higher 

12    by just saying that if you're going to do this in 

13    New York State and other states aren't doing it, 

14    then there is going to be a cost associated with 

15    that.  And that cost is always borne by the 

16    consumer, or in this case the purchaser.

17                 So, Madam President, I will continue 

18    to be opposed to this bill.  Thank you.

19                 ACTING PRESIDENT PERSAUD:   Are 

20    there any other Senators wishing to be heard?

21                 Seeing and hearing none, debate is 

22    closed.  The Secretary will ring the bell.

23                 Read the last section.

24                 THE SECRETARY:   Section 25.  This 

25    act shall take effect immediately.


                                                               3789

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar Number 625, those Senators voting in the 

 8    negative are Senators Akshar, Borrello, Boyle, 

 9    Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

12    Weik.

13                 Ayes, 41.  Nays, 20.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 Senator Gianaris, that completes the 

17    reading of the controversial calendar.

18                 SENATOR GIANARIS:   Thank you, 

19    Madam President.

20                 If we could return briefly to 

21    motions, I offer amendments to the following 

22    Third Reading Calendar bills:  

23                 By Senator Comrie, page 9, Calendar 

24    440, Senate Print 5536;

25                 Senator Krueger, page 25, Calendar 


                                                               3790

 1    869, Senate Print 7406B; 

 2                 And Senator Hinchey, page 58, 

 3    Calendar 1326, Senate Print 8741. 

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    amendments are received, and the bills will 

 6    retain their place on the Third Reading Calendar.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Is there any 

 9    further business at the desk?

10                 ACTING PRESIDENT PERSAUD:   There is 

11    no further business at the desk.

12                 SENATOR GIANARIS:   I move to 

13    adjourn until tomorrow, Tuesday, May 24th, at 

14    3:00 p.m.

15                 ACTING PRESIDENT PERSAUD:   On 

16    motion, the Senate stands adjourned until 

17    Tuesday, May 24th, at 3:00 p.m.

18                 (Whereupon, at 5:38 p.m., the Senate 

19    adjourned.)

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