Regular Session - May 24, 2022
3791
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 24, 2022
11 4:10 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
3792
1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BAILEY: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BAILEY: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 May 23, 2022, the Senate met pursuant to
17 adjournment. The Journal of Sunday, May 22,
18 2022, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT BAILEY: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Myrie moves
3793
1 to discharge, from the Committee on Crime
2 Victims, Crime and Correction, Assembly Bill
3 Number 8215 and substitute it for the identical
4 Senate Bill 5981, Third Reading Calendar 494.
5 Senator Harckham moves to discharge,
6 from the Committee on Alcoholism and Drug Abuse,
7 Assembly Bill Number 9730 and substitute it for
8 the identical Senate Bill 8219A, Third Reading
9 Calendar 551.
10 Senator Hoylman moves to discharge,
11 from the Committee on Housing, Construction and
12 Community Development, Assembly Bill Number 9387A
13 and substitute it for the identical Senate Bill
14 72A, Third Reading Calendar 689.
15 Senator Reichlin-Melnick moves to
16 discharge, from the Committee on Insurance,
17 Assembly Bill Number 7469 and substitute it for
18 the identical Senate Bill 4856, Third Reading
19 Calendar 761.
20 Senator Rivera moves to discharge,
21 from the Committee on Insurance, Assembly Bill
22 Number 1741A and substitute it for the identical
23 Senate Bill 5299A, Third Reading Calendar 762.
24 Senator Kaminsky moves to discharge,
25 from the Committee on Insurance, Assembly Bill
3794
1 Number 3276 and substitute it for the identical
2 Senate Bill 5909, Third Reading Calendar 764.
3 Senator Kaplan moves to discharge,
4 from the Committee on Local Government,
5 Assembly Bill Number 8299A and substitute it for
6 the identical Senate Bill 8022A, Third Reading
7 Calendar 781.
8 Senator Hoylman moves to discharge,
9 from the Committee on Environmental Conservation,
10 Assembly Bill Number 7063A and substitute it for
11 the identical Senate Bill 6291A, Third Reading
12 Calendar 1041.
13 Senator Sepúlveda moves to
14 discharge, from the Committee on Crime Victims,
15 Crime and Correction, Assembly Bill Number 6977A
16 and substitute it for the identical Senate Bill
17 643A, Third Reading Calendar 1140.
18 Senator Persaud moves to discharge,
19 from the Committee on Social Services,
20 Assembly Bill Number 10156 and substitute it for
21 the identical Senate Bill 8980, Third Reading
22 Calendar 1173.
23 Senator Kennedy moves to discharge,
24 from the Committee on Judiciary, Assembly Bill
25 Number 3081 and substitute it for the identical
3795
1 Senate Bill 3933, Third Reading Calendar 1179.
2 Senator Harckham moves to discharge,
3 from the Committee on Environmental Conservation,
4 Assembly Bill Number 6652 and substitute it for
5 the identical Senate Bill 4162, Third Reading
6 Calendar 1210.
7 Senator Rivera moves to discharge,
8 from the Committee on Finance, Assembly Bill
9 Number 8006 and substitute it for the identical
10 Senate Bill 7626, Third Reading Calendar 1222.
11 Senator Kennedy moves to discharge,
12 from the Committee on Higher Education,
13 Assembly Bill Number 3202C and substitute it for
14 the identical Senate Bill 5663A, Third Reading
15 Calendar 1240.
16 Senator Rivera moves to discharge,
17 from the Committee on Higher Education,
18 Assembly Bill Number 8519 and substitute it for
19 the identical Senate Bill 8465, Third Reading
20 Calendar 1245.
21 Senator Stavisky moves to discharge,
22 from the Committee on Higher Education,
23 Assembly Bill Number 9967 and substitute it for
24 the identical Senate Bill 8808, Third Reading
25 Calendar 1246.
3796
1 Senator Jackson moves to discharge,
2 from the Committee on Finance, Assembly Bill
3 Number 4080 and substitute it for the identical
4 Senate Bill 8210, Third Reading Calendar 1255.
5 Senator Biaggi moves to discharge,
6 from the Committee on Cultural Affairs, Tourism,
7 Parks and Recreation, Assembly Bill Number 8562
8 and substitute it for the identical Senate Bill
9 8038, Third Reading Calendar 1263.
10 Senator Gaughran moves to discharge,
11 from the Committee on Cultural Affairs, Tourism,
12 Parks and Recreation, Assembly Bill Number 10105
13 and substitute it for the identical Senate Bill
14 8745, Third Reading Calendar 1264.
15 Senator Hinchey moves to discharge,
16 from the Committee on Health, Assembly Bill
17 Number 8880A and substitute it for the identical
18 Senate Bill 8205A, Third Reading Calendar 1341.
19 Senator Breslin moves to discharge,
20 from the Committee on Health, Assembly Bill
21 Number 10186 and substitute it for the identical
22 Senate Bill 8805, Third Reading Calendar 1343.
23 Senator May moves to discharge, from
24 the Committee on Health, Assembly Bill Number
25 9542 and substitute it for the identical Senate
3797
1 Bill 8903, Third Reading Calendar 1345.
2 Senator Stavisky moves to discharge,
3 from the Committee on Codes, Assembly Bill Number
4 1202 and substitute it for the identical Senate
5 Bill 6570, Third Reading Calendar 1360.
6 Senator Liu moves to discharge, from
7 the Committee on Investigations and Government
8 Operations, Assembly Bill Number 6328A and
9 substitute it for the identical Senate Bill
10 6586A, Third Reading Calendar 1361.
11 Senator Tedisco moves to discharge,
12 from the Committee on Rules, Assembly Bill
13 Number 7642A and substitute it for the identical
14 Senate Bill 7238A, Third Reading Calendar 1365.
15 Senator Stec moves to discharge,
16 from the Committee on Rules, Assembly Bill
17 Number 8445A and substitute it for the identical
18 Senate Bill 7504A, Third Reading Calendar 1366.
19 Senator Savino moves to discharge,
20 from the Committee on Rules, Assembly Bill
21 Number 9619 and substitute it for the identical
22 Senate Bill 8568, Third Reading Calendar 1373.
23 Senator May moves to discharge, from
24 the Committee on Rules, Assembly Bill Number 4261
25 and substitute it for the identical Senate
3798
1 Bill 4413, Third Reading Calendar 1426.
2 Senator Mayer moves to discharge,
3 from the Committee on Rules, Assembly Bill Number
4 7383A and substitute it for the identical Senate
5 Bill 5557A, Third Reading Calendar 1429.
6 Senator O'Mara moves to discharge,
7 from the Committee on Codes, Assembly Bill Number
8 7648 and substitute it for the identical Senate
9 Bill 7081, Third Reading Calendar 1436.
10 Senator Rath moves to discharge,
11 from the Committee on Local Government,
12 Assembly Bill Number 10039A and substitute it for
13 the identical Senate Bill 8835A, Third Reading
14 Calendar 1459.
15 Senator Brooks moves to discharge,
16 from the Committee on Environmental Conservation,
17 Assembly Bill Number 10200 and substitute it for
18 the identical Senate Bill 9299, Third Reading
19 Calendar 1470.
20 Senator Thomas moves to discharge,
21 from the Committee on Environmental Conservation,
22 Assembly Bill Number 10161 and substitute it for
23 the identical Senate Bill 9303, Third Reading
24 Calendar 1471.
25 Senator Hoylman moves to discharge,
3799
1 from the Committee on Judiciary, Assembly Bill
2 Number 10221 and substitute it for the identical
3 Senate Bill 9321, Third Reading Calendar 1472.
4 Senator Gaughran moves to discharge,
5 from the Committee on Rules, Assembly Bill
6 Number 8300 and substitute it for the identical
7 Senate Bill 9330, Third Reading Calendar 1474.
8 Senator Addabbo moves to discharge,
9 from the Committee on Racing, Gaming and
10 Wagering, Assembly Bill Number 7508 and
11 substitute it for the identical Senate Bill 9334,
12 Third Reading Calendar 1476.
13 Senator Ramos moves to discharge,
14 from the Committee on Labor, Assembly Bill Number
15 10197 and substitute it for the identical
16 Senate Bill 9337, Third Reading Calendar 1478.
17 Senator Hinchey moves to discharge,
18 from the Committee on Environmental Conservation,
19 Assembly Bill Number 10164 and substitute it for
20 the identical Senate Bill 9339, Third Reading
21 Calendar 1480.
22 Senator Sepúlveda moves to
23 discharge, from the Committee on Elections,
24 Assembly Bill Number 9960 and substitute it for
25 the identical Senate Bill 9343, Third Reading
3800
1 Calendar 1484.
2 Senator Cleare moves to discharge,
3 from the Committee on Insurance, Assembly Bill
4 Number 10229 and substitute it for the identical
5 Senate Bill 9344, Third Reading Calendar 1485.
6 ACTING PRESIDENT BAILEY: So
7 ordered.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Gianaris.
15 SENATOR GIANARIS: Mr. President,
16 amendments are offered to the following Third
17 Reading Calendar bills:
18 By Senator Mayer, page 50, Calendar
19 Number 1274, Senate Print 7427;
20 Senator Mannion, page 23, Calendar
21 Number 828, Senate Print 7578B;
22 Senator Biaggi, page 33, Calendar
23 Number 1039, Senate Print 4371C;
24 Senator Savino, page 34, Calendar
25 Number 1058, Senate Print 7271;
3801
1 Senator Rivera, page 36, Calendar
2 Number 1100, Senate Print 3331A;
3 And Senator Addabbo, page 57,
4 Calendar Number 1378, Senate Print 8816.
5 ACTING PRESIDENT BAILEY: The
6 amendments on those bills are received, and those
7 bills will retain their place on the Third
8 Reading Calendar.
9 Senator Gianaris.
10 SENATOR GIANARIS: I also wish to
11 call up the following bills, which were recalled
12 from the Assembly and are now at the desk:
13 Senate Print Numbers 7862, 8398A,
14 and 6617.
15 ACTING PRESIDENT BAILEY: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 871, Senate Print 7862, by Senator Bailey, an act
19 to amend the State Finance Law.
20 Calendar Number 1120, Senate Print
21 8398A, by Senator Liu, an act to amend the
22 Tax Law.
23 Calendar Number 267, Senate Print
24 6617, by Senator Gounardes, an act to amend the
25 State Finance Law.
3802
1 SENATOR GIANARIS: Move to
2 reconsider the vote by which these bills were
3 passed.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT BAILEY: The bills
9 are restored to their places on the Third Reading
10 Calendar.
11 SENATOR GIANARIS: I offer the
12 following amendments.
13 ACTING PRESIDENT BAILEY: The
14 amendments are received, and the bills will
15 retain their place on the Third Reading Calendar.
16 SENATOR GIANARIS: I now wish to
17 call up Calendar Number 485, Assembly Print
18 Number 9307A.
19 ACTING PRESIDENT BAILEY: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 485, Assembly Print Number 9307A, by
23 Assemblymember Griffin, an act to amend the
24 General Municipal Law.
25 SENATOR GIANARIS: Move to
3803
1 reconsider the vote by which the Assembly bill
2 was substituted for Senate Print 7864A on
3 May 16th.
4 ACTING PRESIDENT BAILEY: Call the
5 roll on reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 61.
8 SENATOR GIANARIS: I now move that
9 Assembly Bill Number 9307A be recommitted to the
10 Committee on Local Government, and that the
11 Senate bill be restored to the order of the
12 Third Reading Calendar.
13 ACTING PRESIDENT BAILEY: The bill
14 will be restored to its place on the Third
15 Reading Calendar.
16 SENATOR GIANARIS: I now offer the
17 following amendments.
18 ACTING PRESIDENT BAILEY: The
19 amendments are received, and the bill will retain
20 its place on the Third Reading Calendar.
21 Senator Gianaris.
22 SENATOR GIANARIS: I move to adopt
23 the Resolution Calendar, with the exception of
24 Resolutions 2733 and 2674.
25 ACTING PRESIDENT BAILEY: All those
3804
1 in favor of adopting the Resolution Calendar,
2 with the exceptions of Resolutions 2733 and 2674,
3 please signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT BAILEY: Opposed,
6 nay.
7 (No response.)
8 ACTING PRESIDENT BAILEY: The
9 Resolution Calendar is adopted.
10 Senator Gianaris.
11 SENATOR GIANARIS: Please recognize
12 Senator Lanza.
13 ACTING PRESIDENT BAILEY: Senator
14 Lanza.
15 SENATOR LANZA: Mr. President,
16 Senator Weik moves to amend a bill recalled from
17 the Assembly. I wish to call up Bill Print
18 Number 4778A, recalled from the Assembly, which
19 is now at the desk.
20 ACTING PRESIDENT BAILEY: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 936, Senate Print 4778A, by Senator Weik, an act
24 in relation to authorizing the assessor of the
25 Town of Brookhaven to accept an application for
3805
1 exemption from real property taxes.
2 SENATOR LANZA: Mr. President, I
3 now move to reconsider the vote by which the bill
4 was passed.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT BAILEY: The bill
10 is restored to its place on the Third Reading
11 Calendar.
12 SENATOR LANZA: I now offer the
13 following amendments.
14 ACTING PRESIDENT BAILEY: The
15 amendments are received, and the bill will retain
16 its place on the Third Reading Calendar.
17 Senator Gianaris.
18 SENATOR GIANARIS: Mr. President,
19 let's take up now Resolution 2733, by Leader
20 Stewart-Cousins, read that resolution's title,
21 and call on Senator John Brooks.
22 ACTING PRESIDENT BAILEY: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 2733, by Senator Stewart-Cousins, honoring the
3806
1 distinguished veterans from the State of New York
2 upon the occasion of their induction into the
3 New York State Senate 2022 Veterans Hall of Fame.
4 ACTING PRESIDENT BAILEY: Senator
5 Brooks on the resolution.
6 SENATOR BROOKS: Thank you,
7 Mr. President. I rise in support of this
8 resolution.
9 As a body, we are saluting 61
10 individuals who are veterans of all branches of
11 the service in this resolution.
12 I've had the honor for the last
13 several years to chair the Veterans Committee.
14 We've done a great deal of work for our veterans,
15 increasing benefits and providing new services.
16 This is a great tradition we have,
17 where we honor -- each of us has an opportunity
18 to select a veteran who we honor. Unfortunately,
19 the last few years, because of the pandemic, we
20 haven't been able to do it in person.
21 And the individual that I was
22 selecting or had chosen, Captain Curtis Feggins,
23 he is a senior intelligence officer. He managed
24 to get activated between the time we nominated
25 him and now, and right now he's over in Germany.
3807
1 But all of us know that our veterans
2 have given to this nation so much in their
3 service and the protection of this country. In
4 just a few days we'll reach Memorial Day, when we
5 remember those who have given their lives in
6 protection of the country.
7 We look on the map now, we have to
8 look only to Europe to see how important our
9 military is. And we look to Europe and see a
10 country so small in size, so threatened, and so
11 much in love with their home country that they
12 are pushing back on one of the world's largest
13 powers. It's incredible to see. But it just
14 tells us how much country means to our people.
15 And for the veterans, the country is
16 what they support, and they then -- they put
17 their life on the line for this country. And
18 what we're doing this week with this resolution
19 and the videos and that that we'll be producing,
20 is selecting one individual in each district to
21 say thank you for your service, thank you for
22 what you did.
23 I think it's great. I think it's
24 unfortunate that we have to again do it without
25 the veterans here. But I think in this chamber
3808
1 throughout this year the support for our veterans
2 has been heard loud and clear as different
3 resolutions, different bills, different programs
4 have been made available, additional funds put in
5 the budget. We've elevated the Office of
6 Veterans' Services. One thing we've done this
7 year is remember the veteran, recognize what they
8 do.
9 All of us are in a position -- each
10 night as we lay down, we know we're safe because
11 of our veterans. The particular veteran I have,
12 we had notified him -- he's also a state trooper.
13 And then right after stuff was done, the phone
14 rang, he'd just got activated. But that's where
15 they are. They're in a position, some of them,
16 at any time they can be activated. And they go.
17 The nation calls.
18 So it's a privilege to vote aye on
19 this resolution. It's a privilege, it's been a
20 privilege to serve as the chairman of that
21 committee and do things that are meaningful for
22 our veterans.
23 So I thank everybody in this chamber
24 for their cooperation and support this year on
25 the veterans issues, and I vote aye,
3809
1 Mr. President.
2 ACTING PRESIDENT BAILEY: Thank
3 you, Senator Brooks.
4 The question is on the resolution.
5 All those in favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT BAILEY: Opposed,
8 nay.
9 (No response.)
10 ACTING PRESIDENT BAILEY: The
11 resolution is adopted.
12 Senator Gianaris.
13 SENATOR GIANARIS: Now let's move
14 on to previously adopted Resolution 2601, by
15 Senator Hinchey, read that resolution in its
16 entirety, and recognize Senator Hinchey.
17 ACTING PRESIDENT BAILEY: The
18 Secretary will read.
19 THE SECRETARY: Senate Resolution
20 2601, by Senator Hinchey, mourning the death of
21 Michael Lang, co-creator of the Woodstock Music &
22 Art Fair, distinguished citizen and devoted
23 member of his community.
24 "WHEREAS, Michael Lang of Brooklyn
25 and Woodstock, New York, died on Saturday,
3810
1 January 8, 2022, at the age of 77; and
2 "WHEREAS, Michael Lang was
3 instrumental in sparking the international
4 movement that transformed generations of young
5 people who became forever connected through
6 music, art, and spirituality; and
7 "WHEREAS, The Woodstock Music & Art
8 Fair, August 15-17, 1969, also billed as 'three
9 days of peace and music,' is considered the most
10 famous music festival in the world, produced by
11 Michael Lang and his partners Artie Kornfeld,
12 Joel Rosenman and John Roberts; and
13 "WHEREAS, Michael Lang, at the age
14 of 24, and his Woodstock Ventures partners
15 planned the transformative 1969 festival on
16 Max Yasgur's sprawling dairy farm in Bethel,
17 New York, where more than half a million
18 attendees were captivated by extraordinary
19 performances from musical artists including
20 Janis Joplin, Jefferson Airplane, Jimi Hendrix,
21 the Who, Crosby, Stills and Nash, Richie Havens,
22 Santana and more; and
23 "WHEREAS, Although anticipating
24 100,000 attendees, the total number of attendees
25 who traveled to the festival ended up at more
3811
1 than 450,000 fans, closing the New York State
2 Thruway along the way; and
3 "WHEREAS, Battling weather issues,
4 late venue changes, and far more attendees than
5 anticipated, and under the able leadership of
6 Michael Lang, Woodstock's free-wheeling ethos of
7 'peace, love and music' endured, confirming the
8 festival as the defining moment in the decade's
9 countercultural movement; and
10 "WHEREAS, The Woodstock Music
11 Festival singularly defined a global generation,
12 across all backgrounds, whose many adherents
13 would go on to become future activists, iconic
14 musicians, and cultural pioneers; and
15 "WHEREAS, Featured prominently in
16 the Academy Award-winning 1970 documentary
17 Woodstock, often seen riding across the festival
18 grounds on his motorcycle, Michael Lang became
19 one of the more recognizable faces behind the
20 vast cultural change that followed the festival;
21 and
22 "WHEREAS, Michael Lang continued to
23 inspire new generations, producing the
24 extraordinary 1989 East Berlin Music Festival
25 celebrating the fall of the Berlin Wall and, with
3812
1 his Woodstock Ventures partners, produced
2 Woodstock '94 in Saugerties, New York, and
3 Woodstock '99 in Rome, New York, and as head of
4 the Michael Lang Organization, he developed a
5 recording studio and managed prominent
6 international musical artists; and
7 "WHEREAS, Born in Brooklyn,
8 New York, Michael Lang briefly attended New York
9 University before moving to Florida; it was there
10 he got the idea for Woodstock after organizing
11 the Miami Pop Festival in 1968, featuring
12 Jimi Hendrix as the headliner; and
13 "WHEREAS, Michael Lang's commitment
14 to excellence, his spirit of humanity, and
15 passion for music carried over into all fields of
16 enterprise, including charitable and civic
17 endeavors; and
18 "WHEREAS, Michael Lang is survived
19 by his wife, Tamara; his sons, Harry and Laszlo;
20 three daughters, Lari Ann, Shala and Molly, and
21 his sister Iris Brest; and
22 "WHEREAS, Armed with a humanistic
23 spirit and imbued with a sense of compassion,
24 Michael Lang leaves behind a legacy which will
25 long endure the passage of time and will remain
3813
1 as an inspiring memory to all he served and
2 befriended; now, therefore, be it
3 "RESOLVED, That this Legislative
4 Body pause in its deliberations to mourn the
5 death of Michael Lang, and to express its deepest
6 condolences to his family and friends; and be it
7 further
8 "RESOLVED, That a copy of this
9 resolution, suitably engrossed, be transmitted to
10 the family of Michael Lang."
11 ACTING PRESIDENT BAILEY: Senator
12 Hinchey on the resolution.
13 SENATOR HINCHEY: Thank you,
14 Mr. President.
15 I rise today to honor the life of
16 long-time Ulster County resident Michael Lang, a
17 man who changed the world and the trajectory of
18 live music with his ideas and unparalleled love
19 for humanity.
20 The legacy of the legendary 1969
21 Woodstock Festival is the legacy of Michael Lang,
22 who was just 24 years old when he envisioned
23 Woodstock, alongside cofounders Artie Kornfeld,
24 Joel Rosenman, and John Roberts. Michael was a
25 kid from Brooklyn who grew up on rock and roll --
3814
1 Little Richard, Buddy Holly, Elvis Presley -- who
2 spent his summers at camp in Sullivan County,
3 just a stone's throw away from where he would
4 later stage the Woodstock Festival as an adult,
5 and who believed wholeheartedly and unabashedly
6 in the ideals of peace, love and the kind of rock
7 music that can inspire revolutions.
8 At a time of deep division and
9 uncertainty in America, set against the backdrop
10 of the Vietnam War, the struggle for civil
11 rights, and the assassination of Dr. Martin
12 Luther King -- which fractured our nation
13 politically, generationally and economically --
14 Woodstock was born out of Michael Lang's hopeful
15 vision for unity.
16 This was a man who saw darkness and
17 wanted to create light, a man who so masterfully
18 created a moment in time that would grow to
19 define an entire generation. And that moment
20 succeeded in igniting the defining
21 counterculture event of the 1960s, which showed a
22 divided nation and its leaders what peace and
23 human bonding can truly look like.
24 Because of Michael Lang and nearly
25 half a million like-minded individuals, Woodstock
3815
1 has become an enduring symbol of unity -- not
2 only an iconic landmark in rock history and the
3 epitome of music festivals to end all music
4 festivals, but a space where people were free to
5 be themselves, to openly address political issues
6 and the injustices of an unresponsive government,
7 and a place where women's rights, gay rights and
8 a growing concern for our environment took root.
9 Today more than ever we need
10 visionaries like Michael himself, whose kindness,
11 generosity and regard for all people shined
12 through everything that he did.
13 Personally, I first met Michael when
14 I was about 6 years old at Woodstock '94. And
15 while I wasn't just running around the festival
16 at 6 years old -- my mom was there, I was
17 chaperoned -- but it was -- he still had a
18 presence that was incredibly defining. Anyone
19 who knew Michael knows exactly what I'm talking
20 about. It was the kind of presence that would
21 draw you in, make you feel comfortable, even as a
22 6-year-old at a music festival, and one that
23 would lead you to believe deeply in the vision he
24 was about to share.
25 It is a privilege to celebrate the
3816
1 legacy of this great man and to have this
2 opportunity to thank him for what he created and
3 what he represents, not only to us in Woodstock
4 but to people around the entire world.
5 I'd like to welcome the Lang family
6 who is here with us today: Tamara Lang, Harry
7 and Laszlo Lang, Shala Lang Moll and Paxton Moll,
8 as well as Michael's great friends Rona Elliot,
9 renowned music journalist, Neal Hitch, from the
10 Museum at Bethel Woods, and of course my mom,
11 Ilene Marder Hinchey.
12 Thank you all for sharing Michael
13 with us and with the entire world.
14 Mr. President, I'd like to ask you
15 to please welcome the Lang family to the Senate
16 and extend to them the privileges of the chamber.
17 ACTING PRESIDENT BAILEY: Thank
18 you, Senator Hinchey.
19 To our guests, I welcome you on
20 behalf of the Senate. We extend to you all of
21 the privileges and courtesies of this house.
22 Please rise and be recognized.
23 (Standing ovation.)
24 ACTING PRESIDENT BAILEY: This
25 resolution was previously -- Senator Griffo on
3817
1 the resolution. Joe.
2 SENATOR GRIFFO: Thank you,
3 Mr. President. I think we had notified the desk,
4 so thank you for giving me this opportunity.
5 I would also like to join Senator
6 Hinchey on speaking about Michael Lang.
7 Plato once wrote that "Music gives
8 the soul to the universe, wings to the mind,
9 flight to imagination, and life to everything."
10 And I think Michael Lang personified that. He
11 was full of life.
12 And it's so difficult, on a day like
13 today -- because I know how much it must hurt to
14 be here because we have lost him, but also how
15 important, significant it is that we memorialize
16 and remember him.
17 He truly will have a unique place in
18 American history. In addition to Woodstock, he
19 managed musical icons. He managed them but also
20 worked with a number of musical legends. And he
21 owned and operated his own business, his record
22 label, his own record label.
23 One of the things I think he was
24 probably most proud of is when he received a
25 Muhammad Ali Foundation Lifetime Achievement for
3818
1 his contributions to peace. And I think -- and
2 he was an Emmy winner. And I know he was
3 memorialized at the Emmys this year, and rightly
4 so.
5 So while music has an incredible
6 effect on all of us in so many different ways, I
7 think Michael really represented so much more. I
8 had the opportunity to meet Michael 23 years ago.
9 I won't talk about my age at the time, Senator
10 Hinchey --
11 (Laughter.)
12 SENATOR GRIFFO: But we were
13 working on Woodstock -- the 30th anniversary of
14 Woodstock. And I can tell you, meeting Michael
15 from the very beginning, I was amazed how
16 youthful he appeared. And I thought he had
17 discovered the fountain of youth, because I know
18 he wasn't 24 anymore, but he looked great.
19 And he was never frazzled, always --
20 despite the challenges, and there were many
21 challenges -- to have a calm and cool demeanor.
22 And I still remember how comfortable he would
23 make so many people feel despite how contentious
24 the issue may have been and what we were dealing
25 with at the time.
3819
1 So we developed a real rapport, and
2 I think he was a true personality. And that
3 resonated in so many different ways during that
4 festival.
5 But I think the important thing, as
6 we said, is that while he had this real desire to
7 make a difference in the world through music, he
8 had a true penchant for peace and love and
9 goodwill. And I think that is something that he
10 shares with his family.
11 And today we offer our condolences
12 to Tamara and to his sons and daughters and
13 grandchildren and friends, because we've lost
14 a -- not only a legend in music who had this
15 foresight and vision, but a good person who tried
16 to make a difference by using the very talents
17 that he had developed throughout his life.
18 So today I want to continue to offer
19 my condolences, along with my colleagues here, to
20 Tamara, to you and the family. And know that he
21 will fondly be remembered and recorded in
22 history.
23 But those who had experiences with
24 him, I think the greatest measure is not
25 achievements or awards or recognitions, but
3820
1 whether or not we have made a difference in our
2 communities and in another person's life. And
3 Michael truly did that in so many different ways.
4 And I think that is a great tribute to him as we
5 remember him today.
6 So there was -- Dick Clark, who got
7 his first start in Utica, New York, my district
8 once said that "Music is the soundtrack of our
9 life." And I think Michael had a great
10 soundtrack throughout his entire career and life.
11 So our condolences. God bless you
12 all. And it's a pleasure to join you all today
13 to remember and commemorate Michael and his great
14 life and what he's done for so many.
15 Thank you, Mr. President.
16 ACTING PRESIDENT BAILEY: Thank
17 you, Senator Griffo.
18 The resolution was previously
19 adopted on May 17th.
20 Senator Gianaris.
21 SENATOR GIANARIS: All right,
22 Mr. President. At this time we're going to
23 simultaneously call an immediate meeting of the
24 Rules Committee in Room 332 and move on to
25 Resolution 2674, by Senator Thomas, read that
3821
1 resolution's title, and recognize Senator Kevin
2 Thomas.
3 ACTING PRESIDENT BAILEY: So, in
4 order, there will be an immediate meeting of the
5 Rules Committee in Room 332.
6 And the Secretary will read the
7 resolution.
8 ACTING PRESIDENT BAILEY: Senate
9 Resolution 2674, by Senator Thomas, mourning the
10 death of Patrice Ann Davidson, distinguished
11 citizen and devoted member of her community.
12 ACTING PRESIDENT BAILEY: Senator
13 Thomas on the resolution.
14 SENATOR THOMAS: Thank you,
15 Mr. President.
16 I rise to pay tribute, through this
17 legislative body, for Patrice Davidson, beloved
18 wife of Jim, loving mother of Tara, Stephen and
19 Shamus, cherished daughter of Tom Kenny, and an
20 admired teacher of the Valley Stream Central
21 School District for 34 years.
22 I had the pleasure of meeting
23 Patrice Davidson last year as my office organized
24 a blood drive at the Farmingdale Public Library.
25 She was there to help save others.
3822
1 This is the story of a generous and
2 inspiring individual who touched the lives of
3 many. Patrice was born on November 28, 1965, in
4 Queens, New York, to Thomas Kenny and Veronica
5 Lyons. In 1983, Patrice graduated from
6 Hicksville High School and went on to attend the
7 State University of New York College at Geneseo,
8 where she monitored students as a resident
9 advisor and earned a Bachelor of Arts degree in
10 education.
11 Patrice married the love of her
12 life, James "Jim" Davidson of Hicksville -- they
13 were high school sweethearts -- on July 22, 1989,
14 and together they raised three children: Tara,
15 Stephen and Shamus.
16 Tara Davidson is my director of
17 constituent services, and her mom has greatly
18 influenced her in her life. She grew up watching
19 her mom volunteering and doing good for the
20 community, so she went to school to be a social
21 worker and uses her skill set in my office to
22 help others.
23 Patrice was a teacher. She inspired
24 her students, and the faculty truly loved her.
25 For the past 34 years, Patrice distinguished
3823
1 herself by her sincere dedication and substantial
2 contribution to the welfare of her students and
3 the community at the Valley Stream Central School
4 District.
5 Patrice lived life to the fullest
6 and loved traveling, cooking, spending time with
7 her beloved family members and friends, and of
8 course relaxing on her front porch.
9 Community service was a cornerstone
10 of Patrice's life, and she was involved in
11 several local organizations that were close to
12 her heart, including Our Lady of Lourdes Roman
13 Catholic Church and the Valley Stream Teachers
14 Association.
15 Patrice Davidson died on Tuesday,
16 May 3, 2022, at the age of 56. Her life was a
17 gift, and she gave back even after death by
18 saving the lives of five people through donating
19 her organs.
20 Patrice Davidson leaves behind a
21 legacy of generosity, positivity, hard work, and
22 service that will long endure the passage of time
23 and will remain as a comforting memory to all she
24 served and befriended. Her story is a success
25 story, and she will be deeply missed and truly
3824
1 merits the tribute of this legislative body.
2 I want to welcome Jim Davidson and
3 Tara Davidson to our chamber today.
4 Thank you.
5 ACTING PRESIDENT BAILEY: Thank
6 you, Senator Thomas.
7 To our guests, I welcome you on
8 behalf of the Senate. We extend to you all of
9 the privileges and courtesies of this house.
10 Please rise and be recognized.
11 (Standing ovation.)
12 ACTING PRESIDENT BAILEY: The
13 question is on the resolution. All those in
14 favor signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT BAILEY: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT BAILEY: The
20 resolution is adopted.
21 Senator Liu.
22 SENATOR LIU: Mr. President, please
23 take up previously adopted Resolution 2586, by
24 Senator Ortt, read that resolution in title only,
25 and recognize Senator Ortt on the resolution.
3825
1 ACTING PRESIDENT BAILEY: The
2 Secretary will read.
3 THE SECRETARY: Senate Resolution
4 2586, by Senator Ortt, congratulating Dawn
5 Harrington upon the occasion of her retirement
6 after many years of distinguished service to the
7 State of New York.
8 ACTING PRESIDENT BAILEY: Senator
9 Ortt on the resolution.
10 SENATOR ORTT: Thank you,
11 Mr. President.
12 I rise to speak in support of this
13 resolution. Very often we get the chance to
14 stand up and speak in support of resolutions
15 recognizing people from our district,
16 constituents -- but we are surrounded by
17 extraordinary folks in this chamber and in this
18 building on both sides of the aisle, and many of
19 us know, if you've been here for longer than a
20 second, that without the people who work in this
21 building, we would not be able to do the things
22 that we are elected to do.
23 And one such person is Dawn
24 Harrington. Dawn has dedicated her professional
25 life to improving the atmosphere of workers
3826
1 within the New York State Senate. She has worked
2 here for more than 30 years. She started when
3 she was very, very, very young -- I think she was
4 in middle school still.
5 (Laughter.)
6 SENATOR ORTT: But she -- 30 years,
7 starting in 1987. And she's worked in various
8 roles. In 1991 she was the office support
9 representative for the Senate office automation
10 project. She accepted the position of
11 recruitment and training coordinator for the
12 New York State Senate personnel office in 2000.
13 She eventually ascended to the director of
14 personnel in that office. And of course in 2019
15 she became the director of minority
16 administration, the position from which she is
17 now retiring from.
18 And a fun fact -- it's always fun
19 to -- you know, we know these folks as staffers,
20 we know these folks from being on the floor from
21 the work they do. But sometimes there's all
22 kinds of things they do outside of this building.
23 She was a former dance instructor at Sharon's
24 Bodies in Motion in Troy, New York.
25 Maybe there's some folks in here who
3827
1 could take her up on that instruction, because
2 she's going to have a lot of time for that going
3 forward.
4 But I just think it's awesome for me
5 to be able to stand up and recognize Dawn. Dawn
6 has been an incredible member of my team, as
7 leader. She's been through different
8 administrations, different leadership
9 administrations on the Senate Republican side,
10 and that's always the sign of a true professional
11 when you can -- when leaderships and people come
12 and go at the top level, but she's able to
13 constantly find a way to make sure that she was
14 bringing the very best to whoever was leader to
15 our conference.
16 Discreet, someone you could trust --
17 which is very important in a personnel role on
18 all sides. I see Shontell nodding; she knows how
19 important that is.
20 And after 30-plus years, you deserve
21 to be able to retire and to move on and enjoy
22 your retirement. And so on behalf of me, our
23 conference, and I would even say on the
24 Democratic Conference, because you're a true
25 professional on both sides, we wish you the very
3828
1 best in the next chapter of your life. All
2 success.
3 And thank you for your service to
4 this body and to the people of New York.
5 I speak in support of the
6 resolution, Mr. President.
7 ACTING PRESIDENT BAILEY: Thank
8 you, Senator Ortt.
9 To Ms. Harrington, thank you for
10 your years of service to the New York State
11 Senate. Please rise and be recognized.
12 (Enthusiastic standing ovation.)
13 ACTING PRESIDENT BAILEY: The
14 resolution was previously adopted on May 17th.
15 Senator Liu.
16 SENATOR LIU: Mr. President, please
17 take up previously adopted Resolution 2380, by
18 Senator Helming, read that resolution in title
19 only, and recognize Senator Helming on the
20 resolution.
21 ACTING PRESIDENT BAILEY: The
22 Secretary will read.
23 THE SECRETARY: Senate Resolution
24 2380, by Senator Helming, congratulating the
25 Newark High School Girls Bowling Team upon the
3829
1 occasion of capturing the 2022 New York State
2 Public High School Athletic Association Division
3 II Championship.
4 ACTING PRESIDENT BAILEY: Senator
5 Helming on the resolution.
6 SENATOR HELMING: Thank you,
7 Mr. President.
8 I rise today to welcome the Newark
9 High School Girls Bowling Team to the Senate
10 chamber. It's been a long day, huh, girls?
11 But today it's truly a privilege to
12 welcome the Newark High School Girls Bowling Team
13 to our State Capitol. Congratulations to these
14 fine athletes and their coaches on winning the
15 2022 State Division II Bowling Championship.
16 This is the first state bowling
17 championship in the school's history. Ladies,
18 what an incredible accomplishment this is, and
19 what a testament to the dedication, perseverance
20 and teamwork it takes to bring home a state
21 title.
22 I'd like to recognize you each
23 individually. As I read your name, I ask that
24 you please stand up.
25 To Natalie Kent, Becca Spry, Emily
3830
1 Lang, Abbie Olmstead, Savannah Smith, Hannah
2 Kinslow, Kelly Minery, Sienna Hasseler, Ainsley
3 Vandermark and Coach Mark Rowe, your achievements
4 are absolutely outstanding and our community is
5 so, so proud of you.
6 This team knocked down an impressive
7 total of 5,385 pins in this championship,
8 defeating 2018 Middleburgh High School by a
9 margin of 307 pins to win the state title.
10 Absolutely amazing.
11 Not only did you pick up a state
12 championship title for your school and for all of
13 Section 5, but you set your minds to something
14 and accomplished your goal, and that's worth
15 celebrating.
16 To Coach Rowe and to Coach Payne,
17 congratulations to you as well, and a huge thank
18 you on behalf of our entire community. Thank you
19 for sharing your passion with these young ladies,
20 for showing these girls that winning takes more
21 than skill, and for teaching them valuable life
22 lessons.
23 To the team, the lessons that you've
24 learned this season from your coaches and each
25 other will come in handy both off and on the
3831
1 lanes -- cooperation, commitment and teamwork to
2 name a few. But most importantly, you played
3 with heart.
4 This entire experience is something
5 you will never, ever forget. And when I say this
6 entire experience, I'm not only talking about the
7 championship but I'm talking about today. You
8 can go back and share with people how exciting it
9 was to try and get into the Capitol and get
10 booted out.
11 (Laughter.)
12 SENATOR HELMING: But then how so
13 many people came together, including the
14 Secretary of the Senate and our amazing
15 Sergeant-at-Arms, to make this possible to bring
16 you here. There's a lesson in that, that when we
17 work together, we can accomplish great things.
18 So congratulations again to all of
19 you. Go, Reds!
20 Thank you.
21 ACTING PRESIDENT BAILEY: To our
22 state champion guests, thank you for your
23 perseverance, and we welcome you on behalf of the
24 Senate. We extend to you the privileges and
25 courtesies of this house.
3832
1 Please rise and be recognized.
2 (Standing ovation.)
3 ACTING PRESIDENT BAILEY: The
4 resolution was previously adopted on May 3rd.
5 Senator Liu.
6 SENATOR LIU: At the request of the
7 sponsors, the resolutions are open for
8 cosponsorship.
9 ACTING PRESIDENT BAILEY: These
10 resolutions are all open for cosponsorship.
11 Should you choose not to be a cosponsor of the
12 resolutions, please notify the desk.
13 Senator Liu.
14 SENATOR LIU: Mr. President, please
15 call on Senator Hinchey for an introduction.
16 ACTING PRESIDENT BAILEY: Senator
17 Hinchey.
18 SENATOR HINCHEY: Thank you,
19 Mr. President.
20 I am happy to rise for the purpose
21 of two introductions. First, I would like to
22 welcome Callum Abbasi, who is visiting us today,
23 an eighth-grader from Guilderland Public Schools
24 in my Senate district.
25 Callum -- or Cal, as we call him --
3833
1 is an incredible young man. And at a time when
2 we need more young people interested and involved
3 in public service, it is really incredible and
4 inspiring to meet someone like Cal, who is
5 better-mannered than most people I know and has
6 an absolute keen understanding of what public
7 service is.
8 So we've had the privilege of
9 showing him around today. Really excited that
10 you are here. And Cal is joined by his
11 grandmother, Rosemary Ippolito, who is here today
12 with us.
13 Thank you both for coming to visit
14 us today and, Cal, for your love, dedication, and
15 interest in government.
16 Mr. President, I ask that you
17 welcome Cal and his grandmother Rosemary and
18 extend to them the privileges of our chamber.
19 ACTING PRESIDENT BAILEY: To Cal
20 and his grandmother, we welcome you on behalf of
21 the New York State Senate, and we extend to you
22 all of the privileges and courtesies of this
23 house.
24 Please rise and be recognized.
25 (Standing ovation.)
3834
1 ACTING PRESIDENT BAILEY: Senator
2 Liu.
3 SENATOR LIU: Mr. President, please
4 call on Senator May for the purpose of an
5 introduction.
6 ACTING PRESIDENT BAILEY: Senator
7 May.
8 SENATOR MAY: Thank you,
9 Mr. President.
10 Syracuse, like many upstate cities,
11 is blessed with a large population of new
12 Americans, many of whom came as refugees to our
13 shores. Monu Chhetri, who joins us today
14 together with her husband, Jay Regmi, and their
15 interpreter, Zenna Preli, represents two
16 important groups of new Americans in Syracuse.
17 Originally from Bhutan, she grew up
18 in a refugee camp in Nepal before coming to the
19 U.S. and joining a significant number of other
20 Bhutanese refugees, many of whom have gone on to
21 start businesses, gain advanced degrees, or even
22 run for local office in the Syracuse area.
23 Monu also represents a community of
24 about 50 deaf refugees in the Syracuse area.
25 Refugee camps do not typically have schools to
3835
1 accommodate deaf children, so many deaf refugees
2 arrive without being able to read or write, and
3 only knowing the sign language of their country
4 of origin. Once in the U.S., they are isolated,
5 afraid to leave their homes, unable to
6 communicate to get the help they need.
7 Monu has stepped forward to become
8 their lifeline. With the assistance and support
9 of Aurora of Central New York, an organization
10 dedicated to promoting independence for people
11 with vision or hearing loss, Monu learned both
12 English and American sign language and
13 immediately began working to connect and empower
14 other deaf immigrants and new Americans.
15 If someone is hospitalized, for
16 example, she will act as an intermediary
17 interpreting from Nepali sign language to
18 American sign language, with a second interpreter
19 who can speak to the healthcare professionals.
20 She became a familiar face for local
21 residents in 2020 when County Executive Ryan
22 McMahon employed her to interpret for his
23 televised COVID briefings.
24 Among her many community roles and
25 interests, Monu has also become involved with
3836
1 Salt City Harvest Farm, a New American farm and
2 agriculture incubator located in the Syracuse
3 area.
4 And I invite anybody to come and
5 visit and see the joy with which 50 deaf new
6 Americans are cultivating the soil, and all in --
7 talking above their plants with their hands and
8 just -- the joy is just palpable.
9 So I am honored to have Monu here
10 with us today and ask you to offer her the
11 privileges of the house.
12 Thank you.
13 ACTING PRESIDENT BAILEY: Thank
14 you, Senator May.
15 To our guests, I welcome you on
16 behalf of the New York State Senate. We extend
17 to you all of the privileges and courtesies of
18 this house.
19 Please rise and be recognized.
20 (Standing ovation.)
21 ACTING PRESIDENT BAILEY: Senator
22 Liu.
23 SENATOR LIU: Mr. President, please
24 call upon Senator Kennedy for an introduction.
25 SENATOR KENNEDY: Thank you very
3837
1 much.
2 Mr. President, first of all, I'd
3 like to ask this wonderful group visiting us here
4 on the floor of the Senate to stand and be
5 recognized, the Buffalo Colon Corps.
6 This is a wonderful group started by
7 an extraordinary individual, a friend of ours out
8 in Western New York who sadly is no longer with
9 us, Kevin Hays, who was diagnosed with Stage 2
10 colorectal cancer at just 28 years old.
11 We lost Kevin this past October,
12 seven years after his diagnosis. He leaves
13 behind his beautiful wife and three children.
14 Part of Kevin's legacy is the
15 establishment of the Buffalo Colon Corps,
16 represented today by three great friends of our
17 great Empire State: Martin Pasternak, Dylan
18 Harrison, and Katie Martin. They continue
19 Kevin's work in educating and making sure that
20 folks all across our community and our great
21 state recognize and understand and are educated
22 on the importance of early detection and
23 ultimately treatment for colorectal cancer.
24 Kevin was an extraordinary
25 individual, and the one thing that he did when he
3838
1 would ever walk into a room is he would light it
2 up. His smile resonated. All I know about Kevin
3 is his work -- he did it proudly, never wavering,
4 and always thinking about everyone else while he
5 and his family dealt with his own diagnosis.
6 His work in educating folks through
7 the Buffalo Colon Corps on colorectal cancer was
8 especially important among young people and
9 getting the message out about that early
10 screening and detection.
11 So welcome to the New York State
12 Senate. We recognize Kevin's life and his legacy
13 that you carry on through Buffalo Colon Corps,
14 and we assure that through Kevin's work when he
15 was with us and now as we continue his mission,
16 we are saving lives through his efforts and that
17 of those that have picked up the torch and carry
18 on.
19 So with that, Mr. President, I ask
20 that you extend the privileges of this house to
21 our guests.
22 ACTING PRESIDENT BAILEY: Thank
23 you, Senator Kennedy.
24 To our guests, I welcome you on
25 behalf of the New York State Senate. We extend
3839
1 to you the privileges and courtesies of this
2 house.
3 Please rise and be recognized.
4 (Standing ovation.)
5 ACTING PRESIDENT BAILEY: Senator
6 Gianaris.
7 SENATOR GIANARIS: Thank you,
8 Mr. President. I believe there's a report of the
9 Rules Committee at the desk.
10 Please take that up.
11 ACTING PRESIDENT BAILEY: The
12 Secretary will read.
13 THE SECRETARY: Senator
14 Stewart-Cousins, from the Committee on Rules,
15 reports the following bills:
16 Senate Print 139A, by
17 Senator Thomas, an act to amend the
18 Environmental Conservation Law;
19 Senate Print 441C, by
20 Senator Hoylman, an act in relation to
21 establishing a dyslexia and dysgraphia
22 task force;
23 Senate Print 906B, by
24 Senator Sanders, an act to amend the
25 Insurance Law;
3840
1 Senate Print 926C, by
2 Senator Kaplan, an act to amend the
3 Public Service Law;
4 Senate Print 956, by
5 Senator Gaughran, an act to amend the
6 Public Health Law;
7 Senate Print 1267, by
8 Senator Gianaris, an act to amend the
9 Public Authorities Law;
10 Senate Print 1275A, by
11 Senator Krueger, an act to amend the
12 Public Authorities Law;
13 Senate Print 1354, by
14 Senator Serrano, an act to amend the
15 Education Law;
16 Senate Print 1380A, by
17 Senator Brooks, an act to amend the
18 Public Service Law;
19 Senate Print 1389A, by Senator
20 Brooks, an act to amend the Public Service Law;
21 Senate Print 1393, by
22 Senator Brooks, an act in relation to authorizing
23 the Town of Babylon to grant Long Island
24 Teen Challenge of West Babylon a real property
25 tax exemption;
3841
1 Senate Print 3479A, by
2 Senator Comrie, an act to amend the
3 Public Service Law;
4 Senate Print 3530A, by
5 Senator Kennedy, an act to amend the
6 Public Health Law;
7 Senate Print 4539B, by
8 Senator Kaplan, an act to amend the General
9 Municipal Law and the Public Buildings Law;
10 Senate Print 4552, by
11 Senator Kennedy, an act to amend the
12 Executive Law;
13 Senate Print 5400, by Senator
14 Hinchey, an act to amend the Public Health Law
15 and the Insurance Law;
16 Senate Print 5605B, by
17 Senator Sanders, an act to amend the
18 Public Health Law;
19 Senate Print 5658, by
20 Senator Parker, an act to amend the Banking Law;
21 Senate Print 5934, by
22 Senator Parker, an act to authorize Top Community
23 Development Corporation to file an application
24 for a real property tax exemption;
25 Senate Print 6574A, by
3842
1 Senator Kennedy, an act to amend the
2 Insurance Law;
3 Senate Print 6981B, by
4 Senator Gounardes, an act to amend the
5 Retirement and Social Security Law;
6 Senate Print 6985B, by
7 Senator Gounardes, an act to amend the
8 Retirement and Social Security Law;
9 Senate Print 7211B, by
10 Senator Savino, an act to amend the Penal Law;
11 Senate Print 7433, by
12 Senator Helming, an act to amend the
13 Criminal Procedure Law;
14 Senate Print 8422, by
15 Senator Hoylman, an act to amend the
16 Social Services Law;
17 Senate Print 8770, by
18 Senator Mattera, an act to amend the Parks,
19 Recreation and Historic Preservation Law;
20 Senate Print 8590A, by
21 Senator Gaughran, an act to amend the Parks,
22 Recreation and Historic Preservation Law;
23 Senate Print 8591A, by
24 Senator Krueger, an act to amend the
25 Public Health Law;
3843
1 Senate Print 8744B, by Senator Weik,
2 an act in relation to authorizing Ekklesia
3 Long Island Center Ministries to file with the
4 Town of Brookhaven assessor an application for
5 certain real property tax exemptions;
6 Senate Print 8760, by
7 Senator Mannion, an act to amend the
8 Public Authorities Law;
9 Senate Print 8933, by
10 Senator Hinchey, an act to amend the
11 Executive Law;
12 Senate Print 9041, by Senator Brouk,
13 an act in relation to establishing a temporary
14 commission to study aging;
15 Senate Print 9111, by
16 Senator Stewart-Cousins, an act authorizing the
17 alienation of certain parkland; and
18 Senate Print 9355, by
19 Senator Helming, an act to amend Chapter 152 of
20 the Laws of 2020.
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 BAILEY: All those
3844
1 in favor of accepting the report of the Rules
2 Committee signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT BAILEY: Opposed,
5 nay.
6 (No response.)
7 ACTING PRESIDENT BAILEY: The
8 report of the Rules Committee is accepted.
9 Senator Gianaris.
10 SENATOR GIANARIS: Let's take up
11 the calendar now, please.
12 ACTING PRESIDENT BAILEY: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 210, Senate Print 6079B, by Senator Gounardes, an
16 act to amend the Civil Rights Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Announce
25 the results.
3845
1 THE SECRETARY: In relation to
2 Calendar 210, those Senators voting in the
3 negative are Senators Felder, Gallivan, Helming,
4 O'Mara and Ortt.
5 Ayes, 56. Nays, 5.
6 ACTING PRESIDENT BAILEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 461, Senate Print 3081A, by Senator Salazar, an
10 act to amend the General Business Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Announce
19 the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 472, Senate Print 7854, by Senator Kennedy, an
25 act to amend the Racing, Pari-Mutuel Wagering and
3846
1 Breeding Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 60th day after it
6 shall have become a law.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 473, Senate Print 7855, by Senator Kennedy, an
17 act to amend the Racing, Pari-Mutuel Wagering and
18 Breeding Law.
19 SENATOR GIANARIS: Lay it aside for
20 the day.
21 ACTING PRESIDENT BAILEY: The bill
22 will be laid aside for the day.
23 THE SECRETARY: Calendar Number
24 474, Senate Print 7856, by Senator Kennedy, an
25 act to amend the Racing, Pari-Mutuel Wagering and
3847
1 Breeding Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 60th day after it
6 shall have become a law.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Senator
11 Kennedy to explain his vote.
12 SENATOR KENNEDY: Thank you,
13 Mr. President.
14 I rise today to explain my vote on
15 two bills that will reform the Western Region OTB
16 and OTBs across New York State.
17 These bills were drafted in response
18 to an audit released in September of 2021 by our
19 great Comptroller, Tom DiNapoli, on the Western
20 Regional Off-Track Betting Corporation, which
21 showed a wide range of misuse of power and of
22 funds.
23 Among those findings are results
24 that show the corporation's board did not
25 distribute marketing and promotional program
3848
1 tickets in accordance with the New York State
2 Gaming Commission's regulations and guidelines,
3 often using tickets for personal use instead, as
4 well as proof that the board of directors did not
5 provide adequate oversight of take-home vehicles
6 and, as a result, found that the CEO did not
7 adhere to that policy.
8 This is just unacceptable. And it's
9 certainly not the first time this state
10 corporation has seen allegations of impropriety
11 and misuse. For years there's been a pattern of
12 dysfunction -- and today, we're going to change
13 it.
14 These bills we're passing here today
15 will ensure that the OTB are accountable and
16 transparent. The first will cap the allowance
17 for promotional items for certain members of the
18 corporation. It's legislation that will make
19 gift rules governing OTB associates consistent
20 with the Public Officers Law, Legislative Law and
21 Executive Law, where state employees can't
22 receive any gift valued in amount more than $15.
23 It's just leveling the playing field.
24 The second will prohibit OTB
25 corporation vehicles from being used as take-home
3849
1 vehicles.
2 Again, these are issues that the
3 public has said: Enough is enough, we have to
4 rein in the abuse of public funds. These are
5 commonsense, good government reforms, and they're
6 long overdue.
7 I've shared these pieces of
8 legislation with the Comptroller's office. I'm
9 pleased to say that he's incredibly supportive of
10 the Legislature advancing them as well.
11 There should be no tolerance for the
12 kind of behavior indicated in the Comptroller's
13 report here in the State of New York, and with
14 the passage of these bills today we're turning
15 words into action and creating real
16 accountability.
17 With that, Mr. President, I vote
18 aye.
19 ACTING PRESIDENT BAILEY: Senator
20 Kennedy to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3850
1 486, Senate Print 1413, by Senator Rivera, an act
2 to amend the Insurance Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar Number 486, voting in the negative:
14 Senator Gallivan.
15 Ayes, 60. Nays, 1.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 494, Assembly Print Number 8215, by
20 Assemblymember Meeks, an act to repeal
21 subdivision 2 of Section 189 of the
22 Correction Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3851
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 494, those Senators voting in the
9 negative are Senators Akshar, Borrello, Boyle,
10 Gallivan, Griffo, Helming, Jordan, Lanza,
11 Martucci, Mattera, Oberacker, O'Mara, Ortt,
12 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
13 Weik.
14 Ayes, 41. Nays, 20.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 499, Senate Print 5046, by Senator Parker, an act
19 in relation to alternative finance investment
20 bonds.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BAILEY: Call the
3852
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BAILEY: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 499, those Senators voting in the
7 negative are Senators Akshar, Borrello, Boyle,
8 Gallivan, Griffo, Helming, Jordan, Lanza,
9 Martucci, Mattera, Oberacker, O'Mara, Ortt,
10 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
11 Weik.
12 Ayes, 41. Nays, 20.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 551, Assembly Print Number 9730, by
17 Assemblymember Gunther, an act to amend the
18 Mental Hygiene Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3853
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 558, Senate Print 6785, by Senator Mayer, an act
8 to amend the Labor Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 558, those Senators voting in the
21 negative are Senators Akshar, Borrello, Boyle,
22 Gallivan, Griffo, Helming, Jordan, Mattera,
23 Oberacker, O'Mara, Ortt, Rath, Ritchie, Serino
24 and Stec.
25 Ayes, 46. Nays, 15.
3854
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 651, Senate Print 1184A, by Senator Gianaris, an
5 act to amend the Criminal Procedure Law and the
6 Civil Practice Law and Rules.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 651, those Senators voting in the
18 negative are Senators Akshar, Borrello, Boyle,
19 Gallivan, Griffo, Lanza, Martucci, Mattera,
20 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
21 Serino, Stec, Tedisco and Weik.
22 Ayes, 43. Nays, 18.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3855
1 689, Assembly Print Number 9387A, by the
2 Assembly Committee on Rules, an act to amend the
3 Administrative Code of the City of New York.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of January.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 689, those Senators voting in the
15 negative are Senators Helming, Oberacker and
16 O'Mara.
17 Ayes, 58. Nays, 3.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 694, Senate Print 311A, by Senator Liu, an act to
22 amend Chapter 802 of the Laws of 1947.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3856
1 act shall take effect upon the enactment into law
2 by the State of New Jersey.
3 ACTING PRESIDENT BAILEY: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BAILEY: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 694, those Senators voting in the
10 negative are Senators Akshar, Borrello, Boyle,
11 Gallivan, Griffo, Jordan, Lanza, Martucci,
12 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
13 Ritchie, Serino, Stec, Tedisco and Weik.
14 Ayes, 42. Nays, 19.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 761, Assembly Print Number 7469, by
19 Assemblymember Cruz, an act to amend the
20 Insurance Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BAILEY: Call the
3857
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BAILEY: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 761, voting in the negative:
7 Senator Ortt.
8 Ayes, 60. Nays, 1.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 762, Assembly Print Number 1741A, by
13 Assemblymember Gottfried, an act to amend the
14 Insurance Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the first of January.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT BAILEY: The bill
3858
1 is passed.
2 THE SECRETARY: Calendar Number
3 764, Assembly Print Number 3276, by
4 Assemblymember Gunther, an act to amend the
5 Insurance Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 781, Assembly Print Number 8299A, by
20 Assemblymember Ra, an act to amend the
21 Nassau County Civil Divisions Act.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3859
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 783, Senate Print 8525, by Senator Gaughran, an
11 act to amend the General Municipal Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 842, Senate Print 5701, by Senator Comrie, an act
3860
1 to amend the Not-For-Profit Corporation Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 7. This
5 act shall take effect on the first of January.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Announce
10 the results.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT BAILEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 857, Senate Print 2535A, by Senator Rivera, an
16 act to amend the Elder Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of April.
21 SENATOR ORTT: Call the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 61.
3861
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 861, Senate Print 4438A, by Senator Skoufis, an
5 act to amend the Retirement and Social Security
6 Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 880, Senate Print 5489, by Senator Brouk, an act
21 to amend the Education Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3862
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 889, Senate Print 4150C, by
11 Senator Reichlin-Melnick, an act to amend the
12 Public Health Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 120th day after it
17 shall have become a law.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3863
1 THE SECRETARY: Calendar Number
2 973, Senate Print 6793A, by Senator Kaminsky, an
3 act to amend the Abandoned Property Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 74. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 977, Senate Print 8617A, by Senator May, an act
18 to amend the Elder Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3864
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 977, voting in the negative:
5 Senator Helming.
6 Ayes, 60. Nays, 1.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1007, Senate Print 4937C, by Senator Kavanagh, an
11 act to amend the Multiple Dwelling Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 1007, those Senators voting in the
23 negative are Senators Akshar, Borrello, Boyle,
24 Gallivan, Griffo, Helming, Jordan, Lanza,
25 Martucci, Mattera, Oberacker, O'Mara, Ortt,
3865
1 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
2 Weik.
3 Ayes, 41. Nays, 20.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1041, Assembly Print Number 7063A, by
8 Assemblymember Fahy, an act to amend the
9 Environmental Conservation Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect December 31, 2023.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1041, those Senators voting in
21 the negative are Senators Akshar, Borrello,
22 Gallivan, Griffo, Jordan, Lanza, Oberacker,
23 O'Mara, Ortt, Rath, Ritchie and Stec.
24 Ayes, 49. Nays, 12.
25 ACTING PRESIDENT BAILEY: The bill
3866
1 is passed.
2 THE SECRETARY: Calendar Number
3 1061, Senate Print Number 8258A, by
4 Senator Reichlin-Melnick, an act to amend the
5 Vehicle and Traffic Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 180th day after it
10 shall have become a law.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1095, Senate Print 7650A, by Senator Harckham, an
21 act to amend the Mental Hygiene Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of April.
3867
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1099, Senate Print 3232, by Senator Sanders, an
11 act to amend the Environmental Conservation Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day after it
16 shall have become a law.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3868
1 1106, Senate Print 8888A, by Senator Serino, an
2 act to amend the Executive Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1116, Senate Print 3106, by Senator Kaplan, an
17 act to amend the Alcoholic Beverage Control Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Senator
3869
1 Kaplan to explain her vote.
2 SENATOR KAPLAN: Thank you,
3 Mr. President.
4 Here in New York, brunch has always
5 been a great unifier, something that everyone can
6 appreciate regardless of where you live or which
7 side of the aisle you find yourself on.
8 But did you know, under our current
9 laws, you can order a mimosa at a restaurant at
10 10 a.m. on a Sunday morning, but you can't buy
11 the ingredients to make one at home?
12 The present situation isn't just
13 unfair to New Yorkers in need of libation on a
14 Sunday morning; it's also unfair to small
15 businesses who are restricted from selling
16 products that other establishments are able to.
17 The bill before us will fix that inequity, and we
18 can all drink to that.
19 I'm proud to sponsor this
20 commonsense legislation, and I proudly vote aye.
21 ACTING PRESIDENT BAILEY: Senator
22 Kaplan to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT BAILEY: The bill
3870
1 is passed.
2 THE SECRETARY: Calendar Number
3 1127, Senate Print 8989, by Senator Skoufis, an
4 act to amend the Alcoholic Beverage Control Law.
5 SENATOR GIANARIS: Lay it aside for
6 the day.
7 ACTING PRESIDENT BAILEY: The bill
8 will be laid aside for the day.
9 (Remarks off the record; laughter.)
10 ACTING PRESIDENT BAILEY: The
11 Queens delegation would like to lay the bill
12 aside for the day.
13 THE SECRETARY: Calendar Number
14 1140, Assembly Print Number 6977A, by
15 Assemblymember Davila, an act to amend the
16 Correction Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Announce
25 the results.
3871
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1147, Senate Print 1543A, by Senator Kaminsky, an
6 act to amend the Public Officers Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 1147, those Senators voting in the
18 negative are Senators Gallivan, Griffo, Jordan,
19 Lanza, Oberacker, O'Mara, Rath, Stec and Tedisco.
20 Ayes, 52. Nays, 9.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1156, Senate Print 8314, by Senator Mannion, an
25 act to amend the Education Law.
3872
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar Number 1156, voting in the negative:
12 Senator Oberacker.
13 Ayes, 60. Nays, 1.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1168, Senate Print 3472, by Senator Biaggi, an
18 act to amend the Public Health Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of July.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3873
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1168, those Senators voting in
5 the negative are Senators Felder, Helming,
6 Jordan, Oberacker, O'Mara and Ortt.
7 Ayes, 55. Nays, 6.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1172, Senate Print 7449, by Senator Comrie, an
12 act to amend the Social Services Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1172, those Senators voting in
24 the negative are Senators Akshar, Borrello,
25 Gallivan, Griffo, Jordan, Oberacker, O'Mara,
3874
1 Ortt, Palumbo, Rath, Ritchie, Serino, Stec and
2 Weik.
3 Ayes, 47. Nays, 14.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1173, Assembly Print Number 10156, by the
8 Assembly Committee on Rules, an act to amend the
9 Social Services Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 1173, those Senators voting in the
21 negative are Senators Borrello, Griffo, Martucci,
22 O'Mara, Ortt and Weik.
23 Ayes, 55. Nays, 6.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3875
1 THE SECRETARY: Calendar Number
2 1179, Assembly Print Number 3081, by
3 Assemblymember Peoples-Stokes, an act to amend
4 the Real Property Actions and Proceedings Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 180th day after it
9 shall have become a law.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar Number 1179, those Senators voting in
17 the negative are Senators Akshar, Borrello,
18 Gallivan, Griffo, Helming, Jordan, Lanza,
19 Martucci, Oberacker, O'Mara, Ortt, Palumbo, Rath,
20 Ritchie, Serino, Stec, Tedisco and Weik.
21 Ayes, 43. Nays, 18.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1197, Senate Print 9031A, by Senator Kavanagh, an
3876
1 act to amend the Public Authorities Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1197, voting in the negative:
13 Senator Tedisco.
14 Ayes, 60. Nays, 1.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1210, Assembly Print Number 6652, by
19 Assemblymember Englebright, an act to amend the
20 Environmental Conservation Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day after it
25 shall have become a law.
3877
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 1210, those Senators voting in the
8 negative are Senators Akshar, Borrello, Gallivan,
9 Griffo, Helming, Jordan, Lanza, Oberacker,
10 O'Mara, Ortt, Rath, Ritchie, Stec and Tedisco.
11 Ayes, 47. Nays, 14.
12 ACTING PRESIDENT BAILEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1222, Assembly Print Number 8006, by
16 Assemblymember Gottfried, an act to amend the
17 Public Health Law and the Social Services Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Announce
3878
1 the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1234, Senate Print 2023C, by Senator May, an act
7 to amend the Education Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 13. This
11 act shall take effect two years after it shall
12 have become a law.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Senator
17 Serino to explain her vote.
18 SENATOR SERINO: Thank you,
19 Mr. President.
20 I rise today to express my support
21 for this bill, but also to point out another
22 glaring loophole in the law that I hope the
23 chamber will address.
24 This bill that we're taking up today
25 makes athletic trainers mandated reporters under
3879
1 the New York law. You know, this is a very
2 important step, but what I think many parents
3 would really be surprised to learn is that under
4 current law, mandated reporters are only required
5 to report instances of abuse that happen within a
6 domestic setting or at the hands of a family
7 member.
8 Because of a loophole in that law,
9 if a mandated reporter believes that abuse is
10 happening at the hands of someone outside of the
11 family, someone in a position of authority or
12 trust, for example, they are not required to
13 report it.
14 I have sponsored a bill for years
15 that would close this loophole and that would
16 require any New Yorker who is directly employed
17 with or volunteers with an organization that
18 provides services to children to report suspected
19 abuse.
20 This passed the Senate unanimously
21 in 2018. And these are commonsense steps that we
22 should be taking to better protect children,
23 instead of taking a piecemeal approach. I think
24 most parents today are really shocked to learn
25 that this is not already law.
3880
1 Many of us are parents in this
2 chamber, so I really hope that you will
3 reconsider and contemplate moving that bill.
4 But I vote aye on this bill. Thank
5 you, Mr. President.
6 ACTING PRESIDENT BAILEY: Senator
7 Serino to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 1234, voting in the negative:
11 Senator Kennedy.
12 Ayes, 60. Nays, 1.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1240, Assembly Print Number 3202C, by
17 Assemblymember McDonald, an act to amend the
18 Education Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3881
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1242, Senate Print 6717A, by Senator Stavisky, an
8 act to amend the Education Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 180th day after it
13 shall have become a law.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1245, Assembly Print Number 8519, by
24 Assemblymember Gottfried, an act to amend
25 Chapter 357 of the Laws of 2017.
3882
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1246, Assembly Print Number 9967, by
15 Assemblymember Glick, an act to amend the
16 Education Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Announce
25 the results.
3883
1 THE SECRETARY: In relation to
2 Calendar Number 1246, voting in the negative:
3 Senator Griffo.
4 Ayes, 60. Nays, 1.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1255, Assembly Print Number 4080, by
9 Assemblymember Abbate, an act to amend the
10 Civil Service Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Announce
19 the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1256, Senate Print 8481, by Senator Jackson, an
25 act to amend the Civil Service Law.
3884
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect on the first of March.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1260, Senate Print 8974, by Senator Griffo, an
15 act to authorize Jeffrey Chase of the Village of
16 New York Mills to take the competitive civil
17 service examination.
18 ACTING PRESIDENT BAILEY: There is
19 a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3885
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1260, voting in the negative:
5 Senator Brisport.
6 Ayes, 60. Nays, 1.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1261, Senate Print 9051, by Senator Jackson, an
11 act to amend the Retirement and Social Security
12 Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3886
1 1263, Assembly Print Number 8562, by
2 Assemblymember Fernandez, an act to amend
3 Chapter 465 of the Laws of 1994.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1263, voting in the negative:
15 Senator Akshar.
16 Ayes, 60. Nays, 1.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1264, Assembly Print Number 10105, by
21 Assemblymember Englebright, an act to amend the
22 Navigation Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3887
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1264, voting in the negative:
9 Senator Akshar.
10 Ayes, 60. Nays, 1.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1267, Senate Print 2757B, by Senator Ramos, an
15 act to amend the Vehicle and Traffic Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Senator
24 Ramos to explain her vote.
25 SENATOR RAMOS: Thank you,
3888
1 Mr. President.
2 I rise to thank my colleagues and
3 Senate Majority Leader Andrea Stewart-Cousins for
4 the passage of this bill. It's really important
5 that we're legalizing cargo bikes as a means to
6 reduce pollution. Each e-cargo bike that
7 replaces a truck actually removes 7 tons of
8 carbon dioxide from the atmosphere every year.
9 And, well, we know that with the
10 proliferation of last-mile fulfillment centers
11 and warehouses for Amazon, UPS, so many of these
12 different companies, often these actually take
13 place in communities that are environmental
14 justice communities, like mine, including
15 Asthma Alley -- well, that I'll represent until
16 December, actually.
17 And unfortunately, of course, the
18 trucks and the vans that cause so much of the
19 traffic in New York City and are pumping exhaust
20 into our air -- really, there are better options.
21 And this is why we're helping
22 companies like Amazon and UPS be able to access
23 e-cargo bikes as a better means to deliver
24 packages, especially now when in New York City a
25 typical household is receiving one to two package
3889
1 deliveries every week, which is pretty
2 incredible. And I have a firm suspicion that a
3 lot of families are above that average,
4 unfortunately.
5 But listen, you know, we -- this
6 body in the past three years has not only
7 legalized e-cargo bikes like today, but also
8 e-scooters and e-bikes, which we did three years
9 ago. And unfortunately I am yet to see action
10 from New York City's Department of Transportation
11 in actually creating a public education program,
12 a brochure, anything, in order to really educate
13 people who are using these vehicles to do so in a
14 safe way. And of course be able to upgrade our
15 street grids, our infrastructure to support these
16 vehicles. We want people to choose these
17 vehicles that actually emit next-to-zero carbon
18 emissions.
19 So I'm hoping that with the billions
20 of dollars coming from the federal government
21 specifically for transit and infrastructure
22 projects, New York should be leading on adapting
23 our public spaces and our streets in approaches
24 to meet our climate goals.
25 And that's why I'm voting aye on
3890
1 this bill, Mr. President. Thank you.
2 ACTING PRESIDENT BAILEY: Senator
3 Ramos to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1267, those Senators voting in
7 the negative are Senators Akshar, Felder, Krueger
8 and Ortt.
9 Ayes, 57. Nays, 4.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1278, Senate Print 8679, by Senator Cleare, an
14 act to amend the Public Authorities Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 60th day after it
19 shall have become a law.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Senator
24 Cleare to explain her vote.
25 SENATOR CLEARE: Mr. President, I
3891
1 rise today to explain my vote on Senate Bills
2 8679 and 8711A.
3 As chair of the Women's Issues
4 Committee, I held a Caucus Weekend roundtable in
5 April that focused on ways in which we can
6 eradicate human trafficking. I am proud to say
7 today that we passed the third and fourth bills
8 that were generated from the discussion with
9 experts, advocates and survivors.
10 Senate Bills 8679 and 8711A pertain
11 to the MTA and Thruway Authority respectively,
12 and ensure that in the facilities of each
13 authority proactive information is conspicuously
14 displayed, including information on human
15 trafficking, support services for victims, and
16 the National Human Trafficking Hotline telephone
17 number.
18 We know that our transportation hubs
19 and centers have often been used as both a source
20 and a means to facilitate human trafficking, and
21 ensuring that these areas are supportive and safe
22 is essential to our goal of eradicating human
23 trafficking. I'm heartened that we're taking
24 another step today forward, and I vote aye.
25 Thank you.
3892
1 ACTING PRESIDENT BAILEY: Senator
2 Cleare to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1279, Senate Print 8711A, by Senator Cleare, an
9 act to amend the Public Authorities Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 60th day after it
14 shall have become a law.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Announce
19 the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1284, Senate Print 768, by Senator Gounardes, an
25 act to amend the Workers' Compensation Law.
3893
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar Number 1284, those Senators voting in
12 the negative are Senators Akshar, Borrello,
13 Boyle, Gallivan, Griffo, Helming, Jordan, Lanza,
14 Martucci, Mattera, Oberacker, O'Mara, Ortt,
15 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
16 Weik.
17 Ayes, 41. Nays, 20.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1293, Senate Print 6875, by Senator Persaud, an
22 act to amend the Social Services Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 3. This
3894
1 act shall take effect October 1, 2022.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1293, those Senators voting in
9 the negative are Senators Borrello and Oberacker.
10 Ayes, 59. Nays, 2.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1314, Senate Print 483A, by Senator Myrie, an act
15 to amend the Election Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 180th day after it
20 shall have become a law.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Announce
25 the results.
3895
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1316, Senate Print 1851A, by Senator Skoufis, an
6 act to amend the Election Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 1316, those Senators voting in
18 the negative are Senators Akshar, Borrello,
19 Boyle, Gallivan, Griffo, Helming, Jordan, Lanza,
20 Martucci, Mattera, Oberacker, O'Mara, Ortt,
21 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
22 Weik.
23 Ayes, 41. Nays, 20.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3896
1 THE SECRETARY: Calendar Number
2 1324, Senate Print 6072A, by Senator Kaplan, an
3 act to amend the Alcoholic Beverage Control Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 8. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1335, Senate Print 6846A, by Senator Rivera, an
18 act to amend the Public Health Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3897
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1338, Senate Print 7499B, by Senator Salazar, an
8 act to amend the Insurance Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1338, those Senators voting in
20 the negative are Senators Borrello, Boyle,
21 Gallivan, Griffo, Helming, Martucci, Mattera,
22 Oberacker, O'Mara, Reichlin-Melnick, Stec and
23 Weik. Also Senator Jordan.
24 Ayes, 48. Nays, 13.
25 ACTING PRESIDENT BAILEY: The bill
3898
1 is passed.
2 THE SECRETARY: Calendar Number
3 1341, Assembly Print Number 8880A, by
4 Assemblymember Wallace, an act to amend the
5 Public Health Law.
6 ACTING PRESIDENT BAILEY: 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 BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1343, Assembly Print Number 10186, by the
21 Assembly Committee on Rules, an act to amend the
22 Public Health Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 5. This
3899
1 act shall take effect on the 180th day after it
2 shall have become a law.
3 ACTING PRESIDENT BAILEY: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BAILEY: Announce
7 the results.
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1345, Assembly Print Number 9542, by
13 Assemblymember Gottfried, an act to amend the
14 Public Health Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the 180th day after it
19 shall have become a law.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 61.
3900
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1356, Senate Print 4299A, by Senator Lanza, an
5 act to amend the Vehicle and Traffic Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1358, Senate Print 6302A, by Senator Weik, an act
20 authorizing Michael J. Cappiello to purchase
21 service credit for service with the Long Island
22 Rail Road Company.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 3. This
3901
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1360, Assembly Print Number 1202, by
12 Assemblymember Seawright, an act to amend the
13 Penal Law.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day after it
18 shall have become a law.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 (Off the record.)
23 THE SECRETARY: So that was
24 Calendar Number 1360, Assembly Print Number 1202,
25 by Assemblymember Seawright, an act to amend the
3902
1 Penal Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 30th day after it
6 shall have become a law.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1361, Assembly Print Number 6328A, by
17 Assemblymember Cruz, an act to amend the
18 Executive Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3903
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1361, those Senators voting in
5 the negative are Senators Akshar, Borrello,
6 Boyle, Griffo, Helming, Jordan, Lanza, Martucci,
7 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
8 Ritchie, Serino, Stec, Tedisco and Weik.
9 Ayes, 42. Nays, 19.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1362, Senate Print 6800A, by Senator Gianaris, an
14 act to amend the Tax Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1362, those Senators voting in the
3904
1 negative are Senators Akshar, Borrello, Boyle,
2 Griffo, Helming, Lanza, Mattera, Oberacker,
3 O'Mara, Ortt, Palumbo, Rath, Ritchie, Serino,
4 Stec, Tedisco and Weik.
5 Ayes, 44. Nays, 17.
6 ACTING PRESIDENT BAILEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1365, Assembly Print Number 7642A, by
10 Assemblymember Steck, an act to authorize the
11 Town of Niskayuna, in the County of Schenectady,
12 to offer certain retirement options to John F.
13 Connor.
14 ACTING PRESIDENT BAILEY: There is
15 a home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1365, voting in the negative:
3905
1 Senator Brisport.
2 Ayes, 60. Nays, 1.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1366, Assembly Print Number 8445A, by
7 Assemblymember Jones, an act to amend the
8 Highway Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1366, voting in the negative:
20 Senator Brisport.
21 Ayes, 60. Nays, 1.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1369, Senate Print 8287, by Senator Bailey, an
3906
1 act to amend the Executive Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 90th day after it
6 shall have become a law.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1373, Assembly Print Number 9619, by
17 Assemblymember Cruz, an act to amend Chapter 730
18 of the Laws of 2019.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3907
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1376, Senate Print 8706, by Senator Akshar, an
8 act to amend the General Municipal Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1421, Senate Print 1737, by Senator Skoufis, an
23 act to amend the Public Health Law.
24 SENATOR LANZA: Lay it aside.
25 ACTING PRESIDENT BAILEY: Lay it
3908
1 aside.
2 THE SECRETARY: Calendar Number
3 1425, Senate Print 4102A, by Senator Savino, an
4 act to amend the Education Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 60th day after it
9 shall have become a law.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1426, Assembly Print Number 4261, by
20 Assemblymember Steck, an act to amend the
21 Election Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 90th day after it
3909
1 shall have become a law.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1426, those Senators voting in
9 the negative are Senators Akshar, Borrello,
10 Griffo, Helming, Lanza, Martucci, O'Mara, Ortt,
11 Rath, Serino, Stec and Tedisco.
12 Ayes, 49. Nays, 12.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1427, Senate Print 4620C, by Senator Breslin, an
17 act to amend the Insurance Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect 180 days after it shall
22 have become a law.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
3910
1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1427, those Senators voting in
5 the negative are Senators Borrello, Gallivan,
6 Oberacker, O'Mara and Rath.
7 Ayes, 56. Nays, 5.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1428, Senate Print 4686A, by Senator Helming, an
12 act granting retroactive membership in the
13 New York State and Local Employees' Retirement
14 System to Justin Whitmore.
15 ACTING PRESIDENT BAILEY: There is
16 a home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 61.
3911
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1429, Assembly Print Number 7383A, by
5 Assemblymember Abbate, an act to amend the
6 Retirement and Social Security Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 60th day after it
11 shall have become a law.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1436, Assembly Print Number 7648, by
22 Assemblymember Palmesano, an act to amend the
23 Criminal Procedure Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
3912
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BAILEY: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BAILEY: Announce
7 the results.
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT BAILEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1437, Senate Print 7577B, by Senator Brouk, an
13 act to amend the Labor Law.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 180th day after it
18 shall have become a law.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1437, those Senators voting in the
3913
1 negative are Senators Borrello, Gallivan and
2 Helming.
3 Ayes, 58. Nays, 3.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1438, Senate Print 7594A, by Senator Mannion, an
8 act to amend the Social Services Law and the
9 Public Health Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1440, Senate Print 8191, by Senator Breslin, an
24 act to amend the Insurance Law and the
25 Public Health Law.
3914
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 1440, those Senators voting in the
12 negative are Senators Akshar, Borrello,
13 Oberacker, Palumbo, Rath and Tedisco.
14 Ayes, 55. Nays, 6.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1454, Senate Print 8754, by Senator Hoylman, an
19 act to amend the Family Court Act.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect January 1, 2023.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
3915
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Senator
3 Hoylman to explain his vote.
4 SENATOR HOYLMAN: Thank you,
5 Mr. President.
6 This legislation would alleviate the
7 unjust workload for our public servants and
8 allows families justice by increasing the number
9 of judges in Family Court within the City of
10 New York from 56 to 60.
11 As my colleague in the Assembly, the
12 Senate Judiciary chair counterpart Chuck Lavine
13 says, this is a gut-wrenching system. We have a
14 crisis in our Family Court systems. Our families
15 are suffering because of the staggering case
16 backlog in our Family Courts.
17 During the pandemic New York City's
18 Family Courts were so overwhelmed that they put
19 cases deemed nonessential on hold for a year.
20 They included custody, visitation, child support
21 and adoption cases.
22 How can a child's stability or
23 future home be nonessential? That's how
24 desperately overstretched our courts are, and's
25 it's unacceptable.
3916
1 A report by the New York City Bar
2 Association and the Fund for Modern Courts
3 exposed the disproportionate negative impact of
4 the COVID-19 pandemic on Family Courts in
5 New York City. Among the critiques of the
6 report, the authors stated that "The caseload is
7 far too large to be handled by the 56 statutorily
8 authorized Family Court judges alone." So we
9 change that today with this legislation by
10 increasing it by four judges.
11 I want to thank in particular a
12 trailblazing reporter, NBC's Melissa Russo, who
13 has unquestionably shone a spotlight on this
14 issue and caused us to act today.
15 I vote aye, Mr. President.
16 ACTING PRESIDENT BAILEY: Senator
17 Hoylman to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1458, Senate Print 8815, by Senator Krueger, an
24 act to amend the State Finance Law.
25 ACTING PRESIDENT BAILEY: Read the
3917
1 last section.
2 SENATOR LANZA: Lay the bill aside.
3 ACTING PRESIDENT BAILEY: Excuse
4 me. Lay it aside.
5 THE SECRETARY: Calendar Number
6 1459, Assembly Print Number 10039A, by
7 Assemblymember McMahon, an act to amend
8 Chapter 424 of the Laws of 2012.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1469, Senate Print 9294A, by Senator Gounardes,
23 an act to amend the Retirement and Social
24 Security Law.
25 ACTING PRESIDENT BAILEY: Read the
3918
1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1470, Assembly Print Number 10200, by the
14 Assembly Committee on Rules, an act to amend the
15 Environmental Conservation Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 61.
3919
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1471, Assembly Print Number 10161, by the
5 Assembly Committee on Rules, an act to amend the
6 Environmental Conservation Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1472, Assembly Print Number 10221, by the
21 Assembly Committee on Rules, an act to amend
22 Chapter 237 of the Laws of 2015.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3920
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1474, Assembly Print Number 8300, by
12 Assemblymember McDonald, an act to amend the
13 Environmental Conservation Law.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3921
1 THE SECRETARY: Calendar Number
2 1475, Senate Print Number 9332, by
3 Senator Reichlin-Melnick, an act to amend the
4 Real Property Tax Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1476, Assembly Print Number 7508, by
19 Assemblymember Pheffer Amato, an act to amend the
20 Racing, Pari-Mutuel Wagering and Breeding Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BAILEY: Call the
3922
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BAILEY: Announce
4 the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT BAILEY: The bill
7 is passed.
8 There is a substitution at the desk.
9 The Secretary will read.
10 THE SECRETARY: Senator Brouk moves
11 to discharge, from the Committee on Rules,
12 Assembly Bill Number 7652 and substitute it for
13 the identical Senate Bill 9335, Third Reading
14 Calendar 1477.
15 ACTING PRESIDENT BAILEY: The
16 substitution is so ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1477, Assembly Print Number 7652, by
20 Assemblymember Gunther, an act to amend the
21 Mental Hygiene Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3923
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1478, Assembly Print Number 10197, by the
11 Assembly Committee on Rules, an act to amend
12 Chapter 831 of the Laws of 1981.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 There is a substitution at the desk.
3924
1 The Secretary will read.
2 THE SECRETARY: Senator Ramos moves
3 to discharge, from the Committee on Rules,
4 Assembly Bill Number 10181 and substitute it for
5 the identical Senate Bill 9338, Third Reading
6 Calendar 1479.
7 ACTING PRESIDENT BAILEY: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1479, Assembly Budget Bill 10181, by the Assembly
12 Committee on Rules, an act to amend Chapter 451
13 of the Laws of 2012.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3925
1 THE SECRETARY: Calendar Number
2 1480, Assembly Print Number 10164, by the
3 Assembly Committee on Rules, an act to amend
4 Chapter 748 of the Laws of 1991.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1483, Senate Print 9342, by Senator Ryan, an act
19 to amend Chapter 498 of the Laws of 2011.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
3926
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1484, Assembly Print Number 9960, by
9 Assemblymember Burgos, an act to repeal
10 subdivision 9 of Section 8-400 of the
11 Election Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1485, Assembly Print Number 10229, by the
3927
1 Assembly Committee on Rules, an act to amend the
2 Insurance Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 Senator Gianaris, that completes the
16 reading of today's calendar.
17 SENATOR GIANARIS: Let's take up
18 the supplemental calendar now, please.
19 ACTING PRESIDENT BAILEY: There is
20 a substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Thomas
23 moves to discharge, from the Committee on
24 Environmental Conservation, Assembly Bill Number
25 4117 and substitute it for the identical Senate
3928
1 Bill 139A, Third Reading Calendar 1487.
2 ACTING PRESIDENT BAILEY: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1487, Assembly Print Number 4117, by
7 Assemblymember Englebright, an act to amend the
8 Environmental Conservation Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 There is a substitution at the desk.
22 The Secretary will read.
23 THE SECRETARY: Senator Hoylman
24 moves to discharge, from the Committee on
25 Education, Assembly Bill Number 2185B and
3929
1 substitute it for the identical Senate Bill 441C,
2 Third Reading Calendar 1488.
3 ACTING PRESIDENT BAILEY: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1488, Assembly Print 2185B, by Assemblymember
8 Carroll, an act in relation to establishing a
9 dyslexia and dysgraphia task force.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect January 1, 2023.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Senator
18 Hoylman to explain his vote.
19 SENATOR HOYLMAN: Thank you,
20 Mr. President.
21 An Assemblymember saved my life. I
22 don't know how many people can say that on the
23 floor. But I was at a hearing a couple of years
24 ago and leaned over to Assemblymember Bobby
25 Carroll and described some unusual symptoms that
3930
1 I saw in my daughter.
2 Assemblymember Carroll, who's
3 dyslexic, immediately said: "Brad, your
4 daughter, she might be dyslexic. You should have
5 her evaluated."
6 Well, that's what happened. Months
7 later we learned that she was in fact dyslexic,
8 and it set us on a path toward her being able to
9 learn to read. The problem, Mr. President, is
10 that she at that point was in fourth grade. This
11 is the trauma and the drama for hundreds of
12 thousands of New York parents and children.
13 The bill that we are passing today
14 with -- that I carry with Assemblymember Carroll
15 will establish a task force on dyslexia to
16 develop guidelines regarding screening,
17 interventions and classroom support for students
18 with dyslexia and related disorders, and develop
19 a program of study for teachers to better
20 understand such students.
21 The statistics suggest,
22 Mr. President, that the findings could change the
23 lives of up to 900,000 students statewide.
24 According to the New York City
25 Department of Education, for the 2018-'19 school
3931
1 year, 75,000 students in New York City have a
2 learning disability. Just 16 percent of those
3 students were proficient in reading on state
4 tests in 2019, compared with 47 percent of
5 general education students.
6 We need to screen students so
7 parents are armed with that information. We need
8 to help teachers be able to teach our kids how to
9 read, whether they're dyslexic or normal readers.
10 With this legislation, we take a very positive
11 step forward in that way.
12 This is for my daughter and
13 thousands of schoolkids across New York who are
14 struggling with dyslexia. They can learn. They
15 can be readers.
16 Thank you, Mr. President. I vote
17 aye.
18 ACTING PRESIDENT BAILEY: Senator
19 Hoylman to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 There is a substitution at the desk.
25 The Secretary will read.
3932
1 THE SECRETARY: Senator Sanders
2 moves to discharge, from the Committee on
3 Insurance, Assembly Bill Number 2085A and
4 substitute it for the identical Senate Bill 906B,
5 Third Reading Calendar 1489.
6 ACTING PRESIDENT BAILEY: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1489, Assembly Print Number 2085A, by
11 Assemblymember Dinowitz, an act to amend the
12 Insurance Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 There is a substitution at the desk.
3933
1 The Secretary will read.
2 THE SECRETARY: Senator Kaplan
3 moves to discharge, from the Committee on Energy
4 and Telecommunications, Assembly Bill Number
5 3318C and substitute it for the identical Senate
6 Bill Number 926C, Third Reading Calendar 1490.
7 ACTING PRESIDENT BAILEY: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1490, Assembly Print Number 3318C, by
12 Assemblymember Sayegh, an act to amend the
13 Public Service Law.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3934
1 THE SECRETARY: Calendar Number
2 1491, Senate Print 956, by Senator Gaughran, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 SENATOR LANZA: Lay it aside.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 (Discussion off the record.)
20 SENATOR GIANARIS: Mr. President.
21 ACTING PRESIDENT BAILEY: Senator
22 Gianaris.
23 SENATOR GIANARIS: Can we move to
24 reconsider the vote by which Calendar 1491 was
25 passed.
3935
1 ACTING PRESIDENT BAILEY: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 1491, Senate Print 956, by Senator Gaughran, an
5 act to amend the Public Health Law.
6 SENATOR LANZA: Lay it aside.
7 ACTING PRESIDENT BAILEY: Call the
8 roll on reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 SENATOR LANZA: Lay it aside.
12 ACTING PRESIDENT BAILEY: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 1492, Senate Print 1267, by Senator Gianaris, an
16 act to amend the Public Authorities Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: In relation to
3936
1 Calendar 1492, those Senators voting in the
2 negative are Senators Akshar, Borrello, Boyle,
3 Gallivan, Griffo, Helming, Jordan, Mattera,
4 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
5 Serino, Stec and Weik.
6 Ayes, 44. Nays, 17.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1493, Senate Print 1275A, by Senator Krueger, an
11 act to amend the Public Authorities Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect on the 90th day after it
16 shall have become a law.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 1493, those Senators voting in the
24 negative are Senators Borrello, Boyle, Griffo,
25 Mattera, Ortt and Tedisco.
3937
1 Ayes, 55. Nays, 6.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1494, Senate Print 1354, by Senator Serrano, an
6 act to amend the Education Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 There is a substitution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator Brooks
22 moves to discharge, from the Committee on Energy
23 and Telecommunications, Assembly Bill Number 129A
24 and substitute it for the identical Senate Bill
25 Number 1380A, Third Reading Calendar 1495.
3938
1 ACTING PRESIDENT BAILEY:
2 Substitution so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1495, Assembly Print Number 129A, by
6 Assemblymember Paulin, an act to amend the
7 Public Service Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 1495, those Senators voting in the
19 negative are Senators Akshar, Borrello, Gallivan,
20 Griffo, Helming, Jordan, Lanza, Martucci,
21 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
22 Serino, Stec, Tedisco and Weik.
23 Ayes, 43. Nays, 18.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3939
1 There is a substitution at the desk.
2 The Secretary will read.
3 THE SECRETARY: Senator Brooks
4 moves to discharge, from the Committee on Energy
5 and Telecommunications, Assembly Bill Number 815A
6 and substitute it for the identical Senate Bill
7 1389A, Third Reading Calendar 1496.
8 ACTING PRESIDENT BAILEY: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1496, Assembly Print Number 815A, by
13 Assemblymember Jean-Pierre, an act to amend the
14 Public Service Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day after it
19 shall have become a law.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 61.
3940
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1497, Senate Print 1393, by Senator Brooks, an
5 act in relation to authorizing the Town of
6 Babylon to grant Long Island Teen Challenge of
7 Babylon a real property tax exemption.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1497, those Senators voting in
19 the negative are Senators Akshar and O'Mara.
20 Ayes, 59. Nays, 2.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 There is a substitution at the desk.
24 The Secretary will read.
25 ACTING PRESIDENT BAILEY: Senator
3941
1 Comrie moves to discharge, from the Committee on
2 Energy and Telecommunications, Assembly Bill
3 Number 563A and substitute it for the identical
4 Senate Bill Number 3479A, Third Reading Calendar
5 1498.
6 ACTING PRESIDENT BAILEY: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1498, Assembly Print Number 563A, by
11 Assemblymember Paulin, an act to amend the
12 Public Service Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day after it
17 shall have become a law.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 1498, those Senators voting in the
25 negative are Senators Akshar, Borrello, Gallivan,
3942
1 Helming, Jordan, Martucci, Oberacker, O'Mara,
2 Palumbo, Rath, Stec and Weik.
3 Ayes, 49. Nays, 12.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 There is a substitution at the desk.
7 The Secretary will read.
8 THE SECRETARY: Senator Kennedy
9 moves to discharge, from the Committee on Health,
10 Assembly Bill Number 3511A and substitute it for
11 the identical Senate Bill 3530A, Third Reading
12 Calendar 1499.
13 ACTING PRESIDENT BAILEY: The
14 substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1499, Assembly Print Number 3511A, by
18 Assemblymember Peoples-Stokes, an act to amend
19 the Public Health Law.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
3943
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1500, Senate Print 4539B, by Senator Kaplan, an
9 act to amend the General Municipal Law and the
10 Public Buildings Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 1500, those Senators voting in the
22 negative are Senators Akshar, Borrello, Boyle,
23 Gallivan, Helming, Jordan, Lanza, Mattera,
24 Oberacker, O'Mara, Ortt, Rath, Serino, Stec and
25 Weik.
3944
1 Ayes, 46. Nays, 15.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1501, Senate Print 4552, by Senator Kennedy, an
6 act to amend the Executive Law.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day after it
11 shall have become a law.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1502, Senate Print 5400, by Senator Hinchey, an
22 act to amend the Public Health Law and the
23 Insurance Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
3945
1 THE SECRETARY: Section 8. This
2 act shall take effect six months after it shall
3 have become a law.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Senator
8 Hinchey to explain her vote.
9 SENATOR HINCHEY: Thank you,
10 Mr. President.
11 Healthcare really should be
12 considered a right. But what we're seeing across
13 all of upstate New York is disinvestment,
14 underinvestment, and massive consolidation. And
15 what that consolidation leads to is lack of
16 healthcare services for community members who
17 live in these often more rural areas.
18 Since 2003, more than 40 community
19 hospitals in New York State have closed. And as
20 a result, large healthcare systems now control
21 more than 70 percent of hospital beds across our
22 state, and consolidation continues on.
23 What that consolidation means is
24 that if you live in a community and your hospital
25 is consolidated, you may lose the healthcare that
3946
1 you recently had just through that consolidation.
2 So what this bill does, our Hospital
3 Transparency Bill, is make sure that people know
4 what kinds of care are actually provided in the
5 hospitals and the healthcare systems in which
6 they seek care, specifically for policy-based
7 exclusions: That is reproductive care, that is
8 gender-affirming care and end-of-life care.
9 As you make choices with your
10 doctor, you need to know what kind of care that
11 doctor or that hospital provides. We've seen
12 numerous people, including in my district, go
13 into hospitals that have recently gone through a
14 consolidation or a merger, thinking they were
15 going to get some type of quality of care, some
16 type of care access, and find out a few months
17 later that they're denied, based solely on
18 policy-based exclusions due to that
19 consolidation.
20 This bill is profoundly important,
21 now more than ever, so that people know what
22 kinds of care they are actually able to access.
23 So I'm incredibly proud of this
24 bill. We need to -- I'm so glad that we are
25 passing it now. I thank my colleagues. I thank
3947
1 the Majority Leader, Andrea Stewart-Cousins, for
2 bringing this forward in this incredibly
3 important moment where everybody needs to know
4 what kind of care they have, especially
5 reproductive care.
6 For that reason I vote aye.
7 Thank you, Mr. President.
8 ACTING PRESIDENT BAILEY: Senator
9 Hinchey to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 1502, those Senators voting in the
13 negative are Senators Akshar, Borrello, Boyle,
14 Gallivan, Griffo, Helming, Jordan, Lanza,
15 Martucci, Mattera, Oberacker, O'Mara, Ortt,
16 Palumbo, Rath, Ritchie, Stec, Tedisco and Weik.
17 Ayes, 42. Nays, 19.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 There is a substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Sanders
23 moves to discharge, from the Committee on Health,
24 Assembly Bill Number 6430B and substitute it for
25 the identical Senate Bill 5605B, Third Reading
3948
1 Calendar 1503.
2 ACTING PRESIDENT BAILEY: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1503, Assembly Print Number 6430B, by
7 Assemblymember Hyndman, an act to amend the
8 Public Health Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT BAILEY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1504, Senate Print 5658, by Senator Parker, an
20 act to amend the Banking Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day after it
25 shall have become a law.
3949
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1505, Senate Print 5934, by Senator Parker, an
11 act to authorize Top Community Development
12 Corporation to file an application for a real
13 property tax exemption.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 1505, voting in the negative:
25 Senator Akshar.
3950
1 Ayes, 60. Nays, 1.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 There is a substitution at the desk.
5 The Secretary will read.
6 THE SECRETARY: Senator Kennedy
7 moves to discharge, from the Committee on
8 Insurance, Assembly Bill Number 1171A and
9 substitute it for the identical Senate Bill
10 6574A, Third Reading Calendar 1506.
11 ACTING PRESIDENT BAILEY: The
12 substitution is so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1506, Assembly Bill Number 1171A, by
16 Assemblymember Bronson, an act to amend the
17 Insurance Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 8. This
21 act shall take effect on the first of January.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Announce
3951
1 the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1507, Senate Print 6981B, by Senator Gounardes,
7 an act to amend the Retirement and Social
8 Security Law.
9 ACTING PRESIDENT BAILEY: There is
10 a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1508, Senate Print 6985B, by Senator Gounardes,
24 an act to amend the Retirement and Social
25 Security Law.
3952
1 ACTING PRESIDENT BAILEY: There is
2 a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Announce
10 the results.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT BAILEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1509, Senate Print 7211B, by Senator Savino, an
16 act to amend the Penal Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 60th day after it
21 shall have become a law.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Senator
3953
1 Savino to explain her vote.
2 SENATOR SAVINO: Thank you,
3 Mr. President.
4 On March 30, 2009, Marti Wimmer and
5 her husband Ronny went to their daughter's
6 apartment because they were worried when they
7 hadn't heard from her for a couple of days. They
8 arrived there, they saw her car outside. The
9 door to her apartment was open. They went in and
10 they found their 26-year-old beautiful daughter
11 Caroline brutally murdered. She had been beaten
12 and strangled with an electrical cord.
13 They were devastated, they were
14 horrified, as any family would be. They called
15 911. First responders came, EMS responded.
16 And in the days following this
17 devastation, their other daughter, Chrissy, was
18 horrified to discover that the EMT who had
19 responded had taken photos on his cellphone of
20 Caroline's body at the crime scene, disseminated
21 them, posted them on Facebook like a souvenir.
22 He was subsequently reported to
23 Richmond University Medical Center, where he
24 worked. He was fired. But that wasn't enough.
25 The Staten Island district attorney at the time,
3954
1 Dan Donovan, was so incensed by this that he
2 wanted to prosecute him, but I found that the law
3 really did not have a way to prosecute him the
4 way he felt it should. The most he could do was
5 charge him with official misconduct, which he
6 did.
7 And eventually the individual -- we
8 won't say his name -- he pled down to disorderly
9 conduct, which is essentially the equivalent of a
10 parking violation. He got 200 hours of community
11 service, no jail time. And to add insult to
12 injury, Facebook refused to take the photos down
13 of Caroline Wimmer at the worst moment in that
14 family's life.
15 Marti and her husband sued
16 Facebook -- unsuccessfully, because federal law
17 continues to protect social media.
18 In March of 2011, on the anniversary
19 of Caroline's death, we introduced a bill here in
20 the New York State Senate called Caroline's Law.
21 And we sought to make it a crime, to elevate the
22 penalties. Many of you joined it. And every
23 year the Senate has passed that bill unanimously.
24 The Assembly has never taken it up
25 over there, for whatever reason. As we all know,
3955
1 bills go to die in the Assembly Codes Committee.
2 Two years ago another horrific
3 incident occurred to another family here in
4 New York State, up in Utica. A beautiful young
5 woman, Bianca Devins. On July 14, 2019, Bianca
6 was murdered by a young man that she knew,
7 someone that she trusted, someone that she had
8 spent time with. He was considered a family
9 friend. She had attended a concert that evening
10 with him.
11 And not only did he murder her --
12 brutally -- but he videotaped it during the
13 event. And he posted it on social media sites,
14 on Instagram, on Facebook and others.
15 And her family has been brutalized
16 and harassed online over and over by people who
17 share the images on these social media platforms.
18 And these platforms have refused to take
19 responsibility for that. Until today.
20 We are stepping forward and acting
21 in a way that California acted immediately two
22 years ago when Kobe Bryant and his family and his
23 friends crashed in a helicopter in California.
24 Some of the first responders -- sheriffs, public
25 servants -- took videos and pictures of Kobe
3956
1 Bryant and his daughter and others. And the
2 California Legislature was so appalled by that
3 that they immediately took action to outlaw that.
4 It took us almost 11 years to get
5 here, but we are here. And we are joined here
6 today by the families of Caroline Wimmer and
7 Bianca Devins. Marti Wimmer and her daughter
8 Chrissy are up there in the gallery with us. Her
9 father unfortunately passed away a couple of
10 years ago, but I know Ronny's here in spirit.
11 And Bianca's mother and her
12 grandfather -- Kimberly Devins is here, and Frank
13 Williams, her grandfather -- are here.
14 They have not given up. This bill
15 is one step in the process of holding social
16 media platforms responsible, creating a private
17 right of action, sending a strong message to
18 anyone who tries to disseminate the images of a
19 crime victim, whether they be a public servant or
20 a private citizen, that New York State is not
21 going to tolerate that. We are better than that.
22 We are above that.
23 And I want to thank a couple of
24 people, particularly Assemblywoman Marianne
25 Buttenschon for bringing this forward in the
3957
1 Assembly. Here in the Senate, Senator Griffo
2 carried Bianca's Law. Senator Lanza and I
3 carried Caroline's Law. In the Assembly,
4 Mike Cusick carried Caroline's Law.
5 So we have combined the bills
6 together so that we could get to the point where
7 they could pass both houses and provide some
8 measure of dignity and justice for these
9 families.
10 And I especially want to thank the
11 families themselves; of course my staff,
12 Barbara O'Neill, and central counsel staff for
13 helping us get to this point.
14 Eleven years was too long. But we
15 are here today, and I know that finally Carol --
16 Marti, I told you I was going to get this done
17 for you. I told you we were going to get this
18 done. I didn't think it was going to take this
19 long, but we are here. Thank you.
20 Thank you, Mr. President.
21 ACTING PRESIDENT BAILEY: Senator
22 Savino to be recorded in the affirmative.
23 Senator Lanza to explain his vote.
24 SENATOR LANZA: Mr. President, to
25 explain my vote.
3958
1 You know, as I listened to
2 Senator Savino recount what occurred those so
3 many years ago, it still curdles my blood and
4 just shakes me to the core as a father. But you
5 don't have to be a father to know that what
6 happened was wrong. And you don't need to be a
7 father and everyone can understand, listening to
8 Senator Savino -- which I really have nothing to
9 add to what she said. She is so right. I can't
10 imagine anyone who doesn't believe that this type
11 of law is necessary.
12 In fact, Senator Savino, it's more
13 necessary today than it was then with what's
14 happening on social media.
15 So I'm obviously voting in the
16 affirmative. But I just want to thank
17 Senator Savino for her perseverance here. Eleven
18 years. She never gave up. She made a promise to
19 the family, and she kept it. And our colleagues
20 together, Democrat and Republican, helped her
21 keep her promise. And thank God the Assembly is
22 on board this year.
23 So congratulations to the Senate,
24 and especially Senator Savino, for getting this
25 done. I vote aye.
3959
1 ACTING PRESIDENT BAILEY: Senator
2 Lanza to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 (Applause.)
8 ACTING PRESIDENT BAILEY: Calendar
9 Number 1510, Senate Print 7433, by
10 Senator Hoylman, an act to amend the
11 Criminal Procedure Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1511, Senate Print 8422, by Senator Hoylman, an
3960
1 act to amend the Social Services Law.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Senator
10 Hoylman to explain his vote.
11 SENATOR HOYLMAN: Thank you,
12 Mr. President.
13 You know, on my computer I have a
14 funeral card from the deceased Michelle Go, who
15 was a constituent of mine and was pushed to her
16 death from a subway platform, as I think many
17 New Yorkers recall, earlier this year.
18 If you read about her assailant and
19 his struggle with mental illness that led to this
20 tragedy, you would understand that hospitals
21 unfortunately in New York don't have incentives,
22 because of a federal law, to keep patients
23 covering stays who receive mental health or
24 substance use treatment in a facility with over
25 16 beds. That does not seem to address this
3961
1 moment of mental health crisis across our state
2 and country.
3 This bill will address that issue by
4 directing the State of New York to apply for a
5 waiver allowing for payments of medical
6 assistance funds for stays in large residential
7 mental health institutions. The Department of
8 Health would be able to issue guidance on
9 admission and determine maximum allowable rates.
10 This bill will mean that people on
11 Medicaid who need mental health treatment can
12 start to receive it. There's currently a
13 revolving door in which people who are in need of
14 help are brought into our hospitals and then
15 immediately put back out on the streets because
16 there is no adequate care for them.
17 Mental health treatment can take
18 time, and we need to provide access to care
19 depending on the needs of the individual.
20 This legislation will build on the
21 work that's being done here in this chamber on
22 the budget, which saw an increase in funding for
23 mental health services and hundreds of new
24 psychiatric beds.
25 I vote aye, Mr. President.
3962
1 ACTING PRESIDENT BAILEY: Senator
2 Hoylman to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1512, Senate Print 8770, by Senator Mattera, an
9 act to amend the Parks, Recreation and Historic
10 Preservation Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Senator
19 Mattera to explain his vote.
20 SENATOR MATTERA: Thank you,
21 Mr. President, to explain my vote.
22 In the fall of 1969, Dr. Ashley
23 Schiff died suddenly and unexpectedly at the age
24 of 37, leaving behind a wife and a young family.
25 His death shocked the Stony Brook community. He
3963
1 was a popular professor of political science who
2 joined Stony Brook university in 1965.
3 He was deeply respected among
4 students for his accessibility, open-mindedness,
5 and being brutally honest -- which I very much
6 like -- and was committed to the practice and
7 promotion of integrity within the university
8 community.
9 The Ashley Schiff Preserve was first
10 designated as a park preserve by Stony Brook
11 University in 1969. This legislation will ensure
12 that the Ashley Schiff Park Preserve will always
13 remain in a natural state and will never be
14 developed, 26.6 acres. It will be available as a
15 field site for academic programs for future
16 generations of Stony Brook University students,
17 and for the enjoyment of faculty, staff, students
18 and the surrounding community and all New Yorkers
19 to enjoy.
20 I am happy to sponsor this bill. I
21 will be voting yes.
22 Thank you, Mr. President.
23 ACTING PRESIDENT BAILEY: Senator
24 Mattera to be recorded in the affirmative.
25 Announce the results.
3964
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1513, Senate Print 8590A, by Senator Gaughran, an
6 act to amend the Parks, Recreation and Historic
7 Preservation Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1514, Senate Print 8591A, by Senator Krueger, an
22 act to amend the Public Health Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 4. This
3965
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 1514, those Senators voting in the
9 negative are Senators Akshar and O'Mara.
10 Ayes, 59. Nays, 2.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1515, Senate Print 8744B, by Senator Weik, an act
15 in relation to authorizing the Ekklesia Long
16 Island Center Ministries to file with the Town of
17 Brookhaven assessor an application for certain
18 real property tax exemptions.
19 SENATOR LANZA: Lay it aside for
20 the day.
21 ACTING PRESIDENT BAILEY: The bill
22 will be laid aside for the day.
23 THE SECRETARY: Calendar Number
24 1516, Senate Print 8760, by Senator Mannion, an
25 act to amend the Public Authorities Law.
3966
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1517, Senate Print 8933, by Senator Hinchey, an
15 act to amend the Executive Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 61.
3967
1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 There is a substitution at the desk.
4 The Secretary will read.
5 THE SECRETARY: Senator Brouk moves
6 to discharge, from the Committee on Mental Health
7 and Developmental Disabilities, Assembly Bill
8 10139 and substitute it for the identical Senate
9 Bill 9041, Third Reading Calendar 1518.
10 ACTING PRESIDENT BAILEY: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1518, Assembly Print Number 10139, by
15 Assemblymember Gunther, an act in relation to
16 establishing a temporary commission to study
17 aging.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 SENATOR BROOKS: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Announce
3968
1 the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1519, Senate Print Number 9111, by
7 Senator Stewart-Cousins, an act authorizing the
8 alienation of certain parkland.
9 ACTING PRESIDENT BAILEY: There is
10 a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 There is a substitution at the desk.
23 The Secretary will read.
24 THE SECRETARY: Senator Helming
25 moves to discharge, from the Committee on
3969
1 Environmental Conservation, Assembly Bill Number
2 10167 and substitute it for the identical Senate
3 Bill 9355, Third Reading Calendar 1520.
4 ACTING PRESIDENT BAILEY: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1520, Assembly Print Number 10167, by the
9 Assembly Committee on Rules, an act to amend
10 Chapter 152 of the Laws of 2020.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1520, voting in the negative:
22 Senator Hoylman.
23 Ayes, 60. Nays, 1.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3970
1 Senator Gianaris, that completes the
2 reading of the supplemental calendar.
3 SENATOR GIANARIS: Let's please
4 move on to the controversial calendar.
5 ACTING PRESIDENT BAILEY: The
6 Secretary will ring the bell.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1421, Senate Print 1737, by Senator Skoufis, an
10 act to amend the Public Health Law.
11 ACTING PRESIDENT BAILEY: Senator
12 Gallivan, why do you rise?
13 SENATOR GALLIVAN: Will the sponsor
14 yield for a few questions.
15 ACTING PRESIDENT BAILEY: Will the
16 sponsor yield for some questions?
17 SENATOR SKOUFIS: Of course.
18 ACTING PRESIDENT BAILEY: The
19 sponsor yields.
20 SENATOR GALLIVAN: Thank you,
21 Mr. President.
22 So in this legislation there is a --
23 the Commissioner of Health is supposed to get
24 together with some interested stakeholders,
25 specifically consultation with interested
3971
1 stakeholders, to ultimately put this together.
2 Who are the stakeholders?
3 SENATOR SKOUFIS: Through you,
4 Mr. President. Certainly the department would
5 have discretion in determining who those
6 stakeholders are.
7 But I would speculate that the
8 stakeholders would include certainly
9 distributors, who are central to how this
10 activity would work. But I'd also imagine they
11 would include perhaps consumer advocates and
12 certainly prescription drug companies as well.
13 SENATOR GALLIVAN: Will the sponsor
14 continue to yield?
15 ACTING PRESIDENT BAILEY: Will the
16 sponsor continue to yield?
17 SENATOR SKOUFIS: Yes.
18 ACTING PRESIDENT BAILEY: The
19 sponsor yields.
20 SENATOR GALLIVAN: So the proposed
21 legislation talks about importing prescription
22 drugs from one or more other countries. Which
23 countries does this bill make reference to?
24 SENATOR SKOUFIS: Through you,
25 Mr. President, the bill does not limit itself to
3972
1 any one country or multiple countries.
2 The department can seek out any
3 number of countries from anywhere in the world if
4 they'd like to. Certainly the activity of
5 importation would be subject to FDA standards and
6 everything else that would ensure that the
7 prescriptions are safe.
8 But the bill does not -- certainly
9 there's been a lot of attention on Canada, but
10 the bill does not limit itself and this activity
11 to Canada or any specific country.
12 SENATOR GALLIVAN: Will the sponsor
13 continue to yield?
14 ACTING PRESIDENT BAILEY: Will the
15 sponsor continue to yield?
16 SENATOR SKOUFIS: Yes.
17 ACTING PRESIDENT BAILEY: The
18 sponsor yields.
19 SENATOR GALLIVAN: The governing
20 federal law that would allow for states to enter
21 into an importation program -- is the sponsor
22 aware of any limitations on countries that may
23 participate in this?
24 SENATOR SKOUFIS: Through you,
25 Mr. President. So the federal law that is being
3973
1 referenced was passed in 2003. It's the Medicare
2 Modernization Act. And yes, the federal rules as
3 they stand speak to Canada, but those are
4 regulations and those are guidelines. They can
5 be changed at any time.
6 The state bill before us does not
7 speak to any specific country.
8 SENATOR GALLIVAN: Thank you.
9 Would the sponsor continue to yield?
10 ACTING PRESIDENT BAILEY: Will the
11 sponsor continue to yield?
12 SENATOR SKOUFIS: Yes.
13 ACTING PRESIDENT BAILEY: The
14 sponsor yields.
15 SENATOR GALLIVAN: So of course the
16 goal of this particular legislation and the
17 ability of the state to enter into something
18 where we can import prescription drugs from
19 Canada -- the goal is to reduce prices.
20 The sponsor's memo talks about the
21 price of -- the ultimate price of the
22 prescription drugs, and I'll quote: The product
23 will be "at the Canadian price without markup
24 except for cost-based dispensing fee." Does the
25 sponsor know what these costs will entail and
3974
1 what the cost-based dispensing fee would be?
2 SENATOR SKOUFIS: Through you,
3 Mr. President, the bill would authorize the
4 department, after earning approval from the
5 federal government, the FDA, to import drugs that
6 they deem to materialize a substantial -- quote,
7 unquote, substantial cost savings to New Yorkers.
8 And we look to Florida, I think, as
9 a prime example. They were the first in 2019 to
10 pass similar legislation. They are in the
11 process, the final throes of setting up their
12 program. And the agency head that is dealing
13 with this in Florida estimates that of the drugs
14 that they are looking to import, all or most of
15 the drugs would materialize about a 50 percent
16 savings to Florida residents because of this
17 program.
18 And so yes, there are some start-up
19 costs that of course would be associated. Many
20 of them would be offset by the wholesaler fees as
21 outlined or referenced in this bill. But
22 certainly there will be a number of FTEs,
23 employees in a new division, to oversee this
24 within the Department of Health. Those would be
25 the start-up costs.
3975
1 But otherwise I believe that -- and
2 the Assembly sponsor believes that the cost
3 savings would be substantial if this bill were
4 enacted into law.
5 SENATOR GALLIVAN: Will the sponsor
6 continue to yield.
7 ACTING PRESIDENT BAILEY: Will the
8 sponsor continue to yield?
9 SENATOR SKOUFIS: Yes.
10 ACTING PRESIDENT BAILEY: The
11 sponsor yields.
12 SENATOR GALLIVAN: Thank you for
13 the previous answer.
14 And there's two things that you
15 mentioned, and I want to ask about two of these
16 particular things. So I'll try to ask them both,
17 because they come from your prior answer.
18 The first would be are any other
19 states besides Florida pursuing this? And
20 specifically, in dollars, what would the start-up
21 costs be if something like this was implemented
22 in New York?
23 SENATOR SKOUFIS: Through you,
24 Mr. President, I appreciate both of those
25 questions.
3976
1 So on the first, in addition to
2 Florida, Colorado in 2019 passed a similar
3 measure to set up a similar program. I believe
4 also Vermont has passed similar legislation. And
5 I'm advised that New Mexico has also passed
6 similar legislation.
7 Even though the federal
8 authorization was passed in 2003, these states
9 have only very recently -- since 2019 -- passed
10 these state laws, enacted these state laws. And
11 so none of these programs are standing up yet and
12 importing drugs. They are in various stages of
13 the federal approval process and standing up
14 those programs in their respective states. But
15 those are the other states that have passed
16 similar measures.
17 And to your second question, I don't
18 have a specific dollar figure for you. And that
19 stands to reason because at the end of the day
20 the Department of Health will have to determine
21 just how many FTEs will be required to administer
22 and oversee this program.
23 But that is -- you know, the state
24 will not be involved in any, you know,
25 construction or distribution itself. That is all
3977
1 left to the private market. The only start-up
2 costs that I foresee would be within this new
3 division, new employees at the department.
4 SENATOR GALLIVAN: Will the sponsor
5 continue to yield?
6 ACTING PRESIDENT BAILEY: Does the
7 sponsor continue to yield?
8 SENATOR SKOUFIS: Yes.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR GALLIVAN: So this has not
12 yet been implemented in any state that's pursuing
13 it at this point in time.
14 Does the sponsor know if a drug
15 supply is actually available from Canada that
16 would support the program?
17 SENATOR SKOUFIS: Through you,
18 Mr. President. So the short answer is yes.
19 And looking again to Florida, the
20 agency that will be overseeing this program,
21 they've actually set up regulations that would
22 limit the importation to drugs in Canada that
23 Canada has an excess supply of.
24 And so if there were ever a concern
25 here in New York if this bill were enacted, we
3978
1 could promulgate regulations similar to those
2 that are in Florida.
3 SENATOR GALLIVAN: Will the sponsor
4 continue to yield?
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor continue to yield?
7 SENATOR SKOUFIS: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR GALLIVAN: So if we have
11 this program and a patient walks into a pharmacy,
12 will the patient know if he or she is getting a
13 prescription drug that's been imported under this
14 program?
15 SENATOR SKOUFIS: Through you,
16 Mr. President, the short answer is yes. And the
17 bill would require labeling, importation
18 labeling.
19 SENATOR GALLIVAN: Will the sponsor
20 continue to yield?
21 ACTING PRESIDENT BAILEY: Will the
22 sponsor continue to yield?
23 SENATOR SKOUFIS: Yes.
24 ACTING PRESIDENT BAILEY: The
25 sponsor yields.
3979
1 SENATOR GALLIVAN: If, God forbid,
2 something goes wrong with one of these drugs --
3 they may be counterfeit or they weren't properly
4 stored and they create problems for the patient,
5 what recourse does the patient have? Does the
6 bill address any recourse that the patient may
7 have?
8 SENATOR SKOUFIS: Through you,
9 Mr. President, certainly counterfeit drugs exist
10 presently without importation here in New York
11 and in the United States. And so no doubt there
12 may well be attempts to export counterfeit or
13 other problematic drugs.
14 However, it's important to note --
15 it's essential to note that the drugs that will
16 be imported are subject to the same FDA standards
17 once they hit the distribution facilities. And
18 so, you know, whether it's the big three --
19 McKesson, AmerisourceBergen, Cardinal Health, or
20 some of the smaller distributors, they are all
21 subject to very strict FDA standards. And before
22 any drugs are shipped out of their facilities,
23 they are inspected, they are checked for exactly
24 what you're describing.
25 SENATOR GALLIVAN: Will the sponsor
3980
1 yield for one final question?
2 ACTING PRESIDENT BAILEY: Does the
3 sponsor yield?
4 SENATOR SKOUFIS: Yes.
5 ACTING PRESIDENT BAILEY: The
6 sponsor yields.
7 SENATOR GALLIVAN: How will this
8 program intersect with health insurance?
9 SENATOR SKOUFIS: Through you,
10 Mr. President, could the -- could my colleague
11 clarify his -- I'm not sure -- I don't follow.
12 What are you asking?
13 ACTING PRESIDENT BAILEY: Senator
14 Gallivan, can you clarify the question, please.
15 SENATOR GALLIVAN: So individual
16 patients right now have health insurance; many
17 cover in some way, shape or form prescription
18 drugs as this all stands right now.
19 If this program is implemented, will
20 mine or any other individual with health
21 insurance, will their policies still cover this?
22 SENATOR SKOUFIS: Through you,
23 Mr. President, I appreciate the question.
24 I see no reason why there would be
25 any issue whatsoever with insurance coverage.
3981
1 We're talking, you know, the same -- whether they
2 be generic or otherwise -- drugs that would be
3 imported.
4 And I would suggest that it's very
5 likely, if not certain, that premiums would be
6 driven down because the insurance companies would
7 be outlaying fewer dollars to cover the costs of
8 these cheaper imported drugs.
9 SENATOR GALLIVAN: On the bill,
10 Mr. President.
11 ACTING PRESIDENT BAILEY: Senator
12 Gallivan on the bill.
13 SENATOR GALLIVAN: I'd like to
14 thank the sponsor for responding to these
15 questions and trying to attack this issue with
16 prescription drug prices that we all know are
17 problematic, and we hear from our constituents
18 time and time again. And of course we have all
19 experienced -- many of us have experienced it
20 with our own family and friends.
21 I will be opposing this bill at this
22 point in time for a number of reasons. And the
23 reasons really have to do with what I see as many
24 unanswered questions. And I know the sponsor did
25 try to answer this, answer some of these
3982
1 questions. But the bill doesn't specifically
2 address some of these things that I do think are
3 important, including liability, supply chain,
4 whether if in fact there will be a price
5 reduction or not, and then of course insurance.
6 There's two things that I do want --
7 that I'd like to make reference to. One of them
8 has to do with the supply coming from Canada.
9 And various officials in Canada have spoken out
10 opposing this. The -- just one of them I'll
11 quote. This is an acting ambassador to the
12 United States, a former one, who stated that the
13 Canadian market is too small to have a real
14 impact on U.S. drug prices. That concerns me.
15 The second area has to do with
16 security and the tracking and tracing of these,
17 and can this really happen.
18 A few years ago, in response to a
19 proposal in a different state, the National
20 Sheriffs Association approved a resolution
21 opposing state importation legislation because
22 such programs, in their words, would jeopardize
23 law enforcement's ability to protect the public
24 health, threaten the safety of our drug supply,
25 endanger our law enforcement officers and other
3983
1 first responders.
2 For these reasons I will be voting
3 no. And I again thank the sponsor, first for
4 bringing -- trying to tackle this very important
5 issue and trying to explain some of the things in
6 the bill.
7 ACTING PRESIDENT BAILEY: Are there
8 any other Senators wishing to be heard?
9 Seeing and hearing none, debate is
10 closed. The Secretary will ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 1421, those Senators voting in the
21 negative are Senators Borrello, Gallivan, Griffo,
22 Helming, Lanza, O'Mara, Palumbo, Rath and Stec.
23 Ayes, 52. Nays, 9.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3984
1 THE SECRETARY: Calendar Number
2 1458, Senate Print 8815, by Senator Krueger, an
3 act to amend the State Finance Law.
4 ACTING PRESIDENT BAILEY: Senator
5 Borrello, why do you rise?
6 SENATOR BORRELLO: Thank you,
7 Mr. President.
8 Will the sponsor yield for a
9 question?
10 ACTING PRESIDENT BAILEY: Will the
11 sponsor yield?
12 SENATOR KRUEGER: Yes, I will,
13 Mr. President.
14 ACTING PRESIDENT BAILEY: The
15 sponsor yields.
16 SENATOR BORRELLO: Through you,
17 Mr. President.
18 Senator Krueger, thank you very much
19 for waiting all this time for our turn.
20 SENATOR KRUEGER: We were reading
21 other bills on our texts while we were waiting.
22 SENATOR BORRELLO: Yes, we were.
23 Full disclosure.
24 I understand the need to want to
25 crack down on those folks that are not paying
3985
1 their taxes. That's a laudable goal. We should
2 all, you know, endeavor to that.
3 But we already have vehicles in
4 place to do that. We have, under the current
5 Finance Law, the False Claims Act. And from what
6 I can understand and read from your legislative
7 justification is that you're saying that if
8 someone files something falsely, the Attorney
9 General can go after them. However, if they
10 don't file at all, that the Attorney General
11 cannot.
12 But I really don't read that in the
13 language of the Finance Law. What precludes the
14 Attorney General from actually going after
15 someone who does not file? Under current law.
16 SENATOR KRUEGER: Through you,
17 Mr. President, the dilemma is that when someone
18 doesn't file taxes, there's no way to find that
19 out without a whistleblower in some way letting
20 us know.
21 So we do have a False Claims Act
22 that covers people who falsely file. But the
23 universe of people -- and again, these are only
24 companies who would owe at least a million
25 dollars, companies or individuals. Most often,
3986
1 based on the data available, they are not living
2 in New York but they are doing business in
3 New York and they are not filing a tax here. So
4 it's basically almost impossible for the AG's
5 office or the State Department of Tax and Finance
6 to even know about them because they're not
7 showing us anything to look at and go, Wait a
8 second here, something's wrong.
9 So the False Claims Act would
10 ensure, through the fixing of a loophole, that if
11 I knew that X Company was doing business in
12 New York but wasn't paying their taxes, and I
13 could bring a claim and report that, then the
14 AG's office could go after it.
15 SENATOR BORRELLO: Mr. President,
16 will the sponsor continue to yield?
17 ACTING PRESIDENT BAILEY: Will the
18 sponsor yield?
19 SENATOR KRUEGER: Yes, certainly.
20 ACTING PRESIDENT BAILEY: The
21 sponsor yields.
22 SENATOR BORRELLO: So there's
23 nothing in the law that actually prohibits it,
24 you're just saying we wouldn't necessarily know
25 about it.
3987
1 So I guess what would be the next
2 question -- you know, I'm a business owner
3 myself, I pay a lot of taxes. I pay sales tax,
4 for example. I actually have to pay sales tax
5 monthly, which is a pain. But if I all of a
6 sudden just stop filing -- I mean, it's not --
7 there's no loophole that says that, Well, the
8 joke's on you, I didn't file this month, so you
9 don't have -- you're not getting my sales tax.
10 I still don't understand why -- you
11 can -- there are -- these are big companies
12 you're talking about. You're talking about
13 somebody that has a liability in excess of
14 $350,000. I would say in almost every case these
15 are not brand-new companies that sprang up out of
16 nowhere, this is somebody that should be on the
17 radar as having paid and now is not paying.
18 I just don't see -- and the reason I
19 bring it up is not because it's just closing
20 loopholes, because this bill does so many things
21 beyond that that make it very gray. And we'll
22 get into that in a moment.
23 So why would we -- again, why would
24 we have to do this? It's not like it's a
25 brand-new company out of nowhere, most likely.
3988
1 SENATOR KRUEGER: Through you,
2 Mr. President. We have no idea whether it's a
3 brand-new company or not. In fact, we live in a
4 world especially with the internet where
5 brand-new companies are popping up constantly.
6 And they can be anywhere in the world, they don't
7 have to have a nexus in New York State or file
8 anything to become a corporation in New York
9 State in order to do business here, to be sending
10 things here to be making money here.
11 And so I don't agree with my
12 colleague that these would be people who had
13 previously paid taxes and then stopped paying
14 them. I actually think people who previously
15 paid taxes probably would show up as potentially
16 auditable by the Tax and Finance Department
17 because they might have a unit that goes, Gee,
18 they were paying for 10 years and then they
19 stopped, let's check them out.
20 I think here we are talking about
21 the situation where they are not filing their
22 taxes in New York State, hence they can be
23 getting away with avoiding significant amounts of
24 tax payment, which is unfair to all the
25 businesses who are paying their taxes correctly
3989
1 and is giving the operator illegally not paying
2 their taxes an advantage in a business climate
3 when the other guys are actually filing their
4 taxes and following the law.
5 And so it's a particularly
6 disturbing thing for us to let companies avoid
7 paying taxes and not choose to do anything about
8 it.
9 And again, do I think it would be
10 enormous numbers? No. In fact, the data shows
11 that it won't be. But the Attorney General's
12 office has highlighted that under the existing
13 law that has now been in operation since 2010,
14 approximately 200 of these cases have been filed.
15 I believe that only -- so that's about 20 a year.
16 Only 16 of the cases have been thrown out as
17 having no legitimacy.
18 And the AG's office reports that in
19 coordination with her office and the existing
20 statute -- which has got this loophole in it --
21 the state has collected over $460 million in
22 taxes we would not otherwise have received.
23 So I think it is a win/win. And I
24 know the Attorney General supports the expansion
25 of this legislation, I think for the exact
3990
1 reasons I'm describing. It will give us another
2 tool to go after companies that are failing to
3 file their taxes in our state but are making
4 money in our state.
5 SENATOR BORRELLO: Mr. President,
6 will the sponsor continue to yield.
7 ACTING PRESIDENT BAILEY: Will the
8 sponsor yield?
9 SENATOR KRUEGER: Yes.
10 ACTING PRESIDENT BAILEY: The
11 sponsor yields.
12 SENATOR BORRELLO: Through you,
13 Mr. President. Well, that answer actually kind
14 of takes me to my next question, because that
15 money that was recovered was done without closing
16 this loophole.
17 Which brings me to the point that we
18 really have a well-funded Tax Department right
19 now that is vigorously pursuing this. But what
20 this bill does, your bill does, is it actually
21 brings in third parties that have no expertise in
22 tax law, attorneys that can now -- essentially
23 they're incentivized to aggressively go after
24 people to get, you know, higher dollar
25 settlements.
3991
1 Why do we need to bring in third
2 party attorneys that have no tax expertise to
3 bring actions against companies when we already
4 have a well-funded and, as you just pointed out,
5 a successful and effective Tax Department that is
6 bringing this. Why do we have to bring in
7 third-party private entities?
8 SENATOR KRUEGER: Well, these
9 third-party private entities are already in the
10 system under the existing False Claims Act.
11 The 200 cases I referenced were
12 actually qui tam cases brought by outside
13 whistleblowers or attorneys and then taken up by
14 the Attorney General's office, often in
15 coordination with the Department of Tax and
16 Finance.
17 So this would not be a new concept
18 in state law. It exists in state law, and that's
19 how we've already collected this 460,
20 $470 million in not-paid taxes from people who
21 filed false tax documents. Now we want to, just
22 through a loophole-closer, make sure we can also
23 go after people who fail to file their taxes at
24 all. Because right now we have no mechanism for
25 penalty on them.
3992
1 SENATOR BORRELLO: Mr. President,
2 will the sponsor continue to yield?
3 ACTING PRESIDENT BAILEY: Will the
4 sponsor yield?
5 SENATOR KRUEGER: Yes.
6 ACTING PRESIDENT BAILEY: The
7 sponsor yields.
8 SENATOR BORRELLO: So the bill
9 mentions the word "obligations," which is a very
10 vague term. So if we're going after nonfilers,
11 why don't we just extend that False Claims Act
12 right now to those taxpayers?
13 So in other words, if you're adding
14 something as vague and as broad as "obligations,"
15 shouldn't we be a little concerned about that and
16 how that's going to have an impact? Especially
17 if we start talking about incentivizing
18 third parties to go after aggressive claims.
19 SENATOR KRUEGER: So I believe
20 "obligation" is referenced from the federal
21 equivalent law.
22 But it basically could, you know,
23 say to go after people who fail to pay their
24 taxes intentionally -- again, this is -- you have
25 to prove intent to defraud New York State
3993
1 government. It's not anybody who fails to file,
2 it's somebody who intended to commit fraud.
3 So "obligation" is simply saying we
4 are going to go after you for your obligations to
5 us, the tax money you owe us.
6 SENATOR BORRELLO: Mr. President,
7 will the sponsor continue to yield?
8 ACTING PRESIDENT BAILEY: Will the
9 sponsor continue to yield?
10 SENATOR KRUEGER: Yes, sir.
11 ACTING PRESIDENT BAILEY: The
12 sponsor yields.
13 SENATOR BORRELLO: Well, this is my
14 last question for you, Senator Krueger.
15 But the bottom line is if this is
16 just closing a loophole, why did Governor Hochul
17 veto this bill last time? This is obviously a
18 concern for her.
19 SENATOR KRUEGER: I'm so glad you
20 asked that, because that was our question also.
21 And it was one of her last vetoes --
22 I believe I got notice of it around 6 p.m. on New
23 Year's Eve. Again, she was a brand-new Governor,
24 and her staff was brand-new, and there was really
25 no way to try to have a conversation with anyone
3994
1 that close to the deadline and most people
2 already being gone for New Year's Eve by 6 p.m.
3 on New Year's Eve.
4 And so we have had further
5 conversations with her and her staff. We have
6 made a few clarifications in the language of the
7 bill since when we passed it last year. And I'm
8 feeling very optimistic that we will not get a
9 veto this time, because I think sincerely her
10 counsel's office didn't quite understand all the
11 ramifications of what the bill was and wasn't.
12 But we have had opportunities now to
13 speak to them this year, which is why I'm feeling
14 much more secure that when we do pass this bill
15 through both houses -- which I hope we do -- it
16 will be signed by the Governor.
17 SENATOR BORRELLO: Mr. President,
18 on the bill.
19 ACTING PRESIDENT BAILEY: Senator
20 Borrello on the bill.
21 SENATOR BORRELLO: Thank you,
22 Senator Krueger, for your engagement again today.
23 You know, I think probably the
24 biggest concern for me on this bill is that we
25 are taking essentially people that are going to
3995
1 become bounty hunters, lawyers that will be out
2 there that are not experts in tax law, but are
3 indeed experts in extracting money from others.
4 And that's what's probably most
5 troubling about this, and I suspect was one of
6 the reasons why the Governor vetoed it.
7 Now, it's mentioned that you have to
8 do a million dollars in sales or more. You know,
9 revenue, sales. A million dollars is not a lot
10 of money when it comes to gross sales for a
11 company. Quite frankly, it will be considered a
12 very small business. But yet the obligation
13 needs to be $350,000 or more. Which could be
14 part of the penalties being pursued by those
15 private entities.
16 So that concerns me, that we could
17 be basically trumping up the amount of money owed
18 in order to meet that $350,000 threshold for what
19 could essentially be a small business. And I
20 know that Senator Krueger is talking about
21 out-of-state businesses, out-of-country
22 businesses. But the reality is this applies to
23 everyone in New York State.
24 So I worry that we're going to be
25 sending bounty hunters after small businesses
3996
1 because things are so vague. And it's probably
2 why the Governor vetoed it last time.
3 I'm all in favor of closing
4 loopholes. I don't want tax scofflaws when folks
5 like myself who work hard, pay their taxes and
6 operate a business -- which is a difficult thing
7 to do in this state -- are following the rules
8 and others are not. So we want to do the best to
9 close that loophole. But we have to be cautious
10 that we're not going to release the hounds, if
11 you will, on small businesses that may not
12 deserve to be treated that way.
13 So I will be voting no. Thank you,
14 Mr. President.
15 ACTING PRESIDENT BAILEY: Are there
16 any other Senators wishing to be heard?
17 Senator Krueger on the bill or to
18 explain your vote?
19 SENATOR KRUEGER: On the bill.
20 ACTING PRESIDENT BAILEY: Senator
21 Krueger on the bill.
22 SENATOR KRUEGER: Thank you so
23 much.
24 I also -- I want to thank my
25 colleague for the robust debate.
3997
1 And I just want to emphasize, again,
2 we do not have to worry about people who don't
3 know what they're doing in tax policy rushing in
4 and filing these court cases and somehow winning
5 against innocent victims. It hasn't happened in
6 the 10 years we've had the much broader False
7 Claims Act. In fact, as shown through the
8 Attorney General's data, that is not the story,
9 and in fact it has been the larger companies who
10 are proven to be in violation of the law
11 knowingly.
12 This will open us up simply to an
13 opportunity to have companies that fail to file
14 any tax documents with us -- hence making it
15 extremely easy to avoid identification through
16 our Tax Department or our Attorney General's
17 office -- to bring them into the light.
18 If you bring a bad case because you
19 can't prove it, you will get thrown out of court,
20 as we've seen on the first 200 cases where 16 did
21 get thrown out. And I have no doubt that if
22 someone comes along and tries to do a fast one or
23 doesn't know anything about tax law or can't
24 prove that this entity knowingly violated our
25 laws, that those will also get thrown out.
3998
1 And we also can see, with 10 years
2 experience, there's no clogging up of the courts.
3 There's nothing but sending a clear message that
4 in the State of New York, if you expect to do
5 business here, we expect you to pay your taxes.
6 And if you don't, we're going to do something
7 about it.
8 So I would urge all of my colleagues
9 to vote yes. Thank you, Mr. President.
10 ACTING PRESIDENT BAILEY: Thank
11 you, Senator Krueger.
12 Are there any other Senators wishing
13 to be heard?
14 Seeing and hearing none, debate is
15 closed. The Secretary will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BAILEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1458, those Senators voting in
3999
1 the negative are Senators Akshar, Borrello,
2 Helming, Jordan, Oberacker, O'Mara, Ortt,
3 Palumbo, Stec, Tedisco and Weik.
4 Ayes, 50. Nays, 11.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 The Secretary will ring the bell.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1491, Senate Print 956, by Senator Gaughran, an
11 act to amend the Public Health Law.
12 ACTING PRESIDENT BAILEY: Senator
13 Borrello, why do you rise?
14 SENATOR BORRELLO: Hello again.
15 Mr. President, will the sponsor
16 yield for a question.
17 ACTING PRESIDENT BAILEY: Will the
18 sponsor yield?
19 SENATOR GAUGHRAN: Of course.
20 ACTING PRESIDENT BAILEY: The
21 sponsor of course yields.
22 SENATOR BORRELLO: All right.
23 Through you, Mr. President. Thank you,
24 Senator Gaughran.
25 Let me start off by saying that I am
4000
1 actually voting in favor of this bill. And I
2 just have some concerns. You know, you and I are
3 both veterans of local government. And, you
4 know, we had a situation recently somewhat
5 related to this in my district, where the Village
6 of Mayville found that they had firefighting
7 foam, which is an emerging contaminant, that had
8 contaminated their drinking water wells. And it
9 was shut down and there were -- emergency grants
10 came in to help them mitigate that. But as we
11 know, this is probably something that's going to
12 end up being either -- a class action lawsuit
13 somewhere down the road.
14 And my concern is what your bill
15 seems to do is it's going to -- I mean, correct
16 me if I'm wrong. My first question is, does this
17 bill basically have a retroactive impact on
18 grants that would have to be considered as part
19 of the compensation?
20 SENATOR GAUGHRAN: Through you,
21 Mr. President, no. The law is effective
22 immediately.
23 And if we were going to make
24 something like this retroactive, the Court of
25 Appeals has said over and over that we would have
4001
1 to very specifically put in the language of the
2 bill that it is effectively to be retroactive.
3 SENATOR BORRELLO: Mr. President,
4 will the sponsor continue to yield?
5 ACTING PRESIDENT BAILEY: Would the
6 sponsor yield?
7 SENATOR GAUGHRAN: Of course.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR BORRELLO: So -- but going
11 forward now, would there be a lookback on grants?
12 In other words, is there a definition going
13 forward as to how far back we can look at grants
14 for that offset with these settlements?
15 SENATOR GAUGHRAN: Through you,
16 Mr. President. This bill is pretty simple.
17 What we have seen happening --
18 since, by the way, this Senate and this
19 Legislature and this state passed laws to give
20 water districts and water authorities increased
21 ability to go into court and sue polluters and to
22 recover money for the taxpayers. What we have
23 seen now with the implementation of our law is
24 that there are some verdicts, there's mostly
25 settlements. And they agree on what the monetary
4002
1 amount is that should go back to the municipal
2 water entity.
3 And then what the judge says is, Oh,
4 we're going to reduce that amount of what you
5 have to pay by the amount of state money that you
6 got in the grant. Okay? Which means, again,
7 that the taxpayers will continue to pay for
8 pollution.
9 So what this simply does is it
10 requires now that they can't do that. So that
11 when the water authority, the water district gets
12 back a certain amount of money, the amount of
13 that state grant then, rather than just being a
14 windfall for that district, will now go back to
15 the state so that the state can put it right back
16 in, through EFC, to give to other municipal water
17 entities around the state to help deal with these
18 pollution problems.
19 SENATOR BORRELLO: Mr. President,
20 if the sponsor will continue to yield.
21 ACTING PRESIDENT BAILEY: Will the
22 sponsor continue to yield?
23 SENATOR GAUGHRAN: Yes,
24 Mr. President.
25 ACTING PRESIDENT BAILEY: The
4003
1 sponsor yields.
2 SENATOR BORRELLO: Thank you for
3 that explanation. And I'm just trying to get to
4 the concern that I have.
5 Let's say you're a local government
6 and you had a situation like we had in Mayville,
7 where we need an emergency fix, the grant funding
8 comes in, but we know that somewhere down the
9 road there's going to be some kind of an action
10 that has to be taken.
11 Because of this, could we
12 potentially be looking at a situation where the
13 state government is going to essentially say to
14 the local government: We're going to help you
15 right now, but you need to guarantee us that
16 you're going to pursue litigation, whether as a
17 class action lawsuit or individually?
18 And for a small, you know,
19 village -- it's not the Suffolk County Water
20 Authority with a dozen lawyers on staff. It's,
21 you know, a small village with a part-time
22 attorney that's probably going to have to seek
23 outside counsel, which could be very expensive.
24 And the offset that they get might be less than
25 what the lawyer's fees will be, the attorney's
4004
1 fees for that.
2 So are we creating kind of that
3 unintended consequence?
4 SENATOR GAUGHRAN: Through you,
5 Mr. President. No, not at all.
6 This will only apply for those
7 entities that choose to litigate against the
8 polluters. And I cannot imagine a situation
9 where EFC is going to say that, well, we're not
10 going to give you the money unless you do X, Y
11 and Z.
12 SENATOR BORRELLO: Mr. President,
13 will the sponsor continue to yield?
14 ACTING PRESIDENT BAILEY: Will the
15 sponsor yield?
16 SENATOR GAUGHRAN: Yes.
17 ACTING PRESIDENT BAILEY: The
18 sponsor yields.
19 SENATOR BORRELLO: So one last
20 question.
21 So right now, the situation I
22 described in Mayville, if there is going to be an
23 eventual lawsuit once this emerging contaminant
24 officially becomes, I guess -- I'm not an
25 expert -- becomes a contaminant.
4005
1 So you're saying that that would not
2 count against that award offset because it
3 happened prior to this bill -- or this becoming
4 law, I should say.
5 SENATOR GAUGHRAN: Yes.
6 SENATOR BORRELLO: Okay. All
7 right. Mr. President, on the bill.
8 ACTING PRESIDENT BAILEY: Senator
9 Borrello on the bill.
10 SENATOR BORRELLO: Senator
11 Gaughran, thank you very much. Again, I
12 appreciate that.
13 And my concern is I just don't want
14 to -- I want to ensure that there isn't a
15 financial calculation being made when we're in an
16 emergency situation where a hazard has to be
17 mitigated. And I just want to be very clear that
18 this -- there isn't an unintended consequence.
19 And I think you've answered the
20 questions well. I appreciate that. That there
21 isn't a lookback at this point, we're all looking
22 forward.
23 But even going forward as these laws
24 get to be -- you know, this law gets to be
25 further down the road, I am just concerned that
4006
1 we never want the state to be in a situation
2 where they're essentially acting kind of as a
3 de facto revolving loan fund requiring the
4 entities, the municipalities somewhere down the
5 road to have to sue in order to recoup as much as
6 possible of the taxpayers' money. Because the
7 first concern for government is always the
8 protection of its citizens, and water safety is
9 certainly a foundation of something we need to
10 protect.
11 So with that being said, I'm going
12 to support this bill. And thank you for
13 clarifying those questions.
14 SENATOR GAUGHRAN: Through you,
15 Mr. President. Thank you so much, Senator
16 Borrello.
17 And on the bill --
18 ACTING PRESIDENT BAILEY: Senator
19 Gaughran on the bill.
20 SENATOR GAUGHRAN: It's pretty
21 simple. You know, on Long Island we have a
22 sole-source aquifer. We are now finding out that
23 there are emerging contaminants, all sorts of
24 contaminants that continue to get into our
25 drinking water.
4007
1 We as a state are spending hundreds
2 and hundreds of millions of dollars for the
3 municipalities. The municipalities are spending
4 a lot more that they're putting right on the
5 backs of the taxpayers. There is never going to
6 be enough money from the state -- I wish the
7 federal government would step up and provide more
8 money for this -- so it's going to continue to be
9 on the backs of the taxpayers.
10 What we're trying to do here is to
11 say when somebody pollutes, when they get caught
12 and they go into court and a judge is going to
13 award money to that municipal entity, that that
14 polluter cannot take advantage of the previous
15 grant money that had already been given to the
16 municipality. And so that that money can go back
17 to the state to go back to localities.
18 So I will be voting in the
19 affirmative. Thank you, Mr. President.
20 ACTING PRESIDENT BAILEY: Thank
21 you, Senator Gaughran.
22 Are there any other Senators wishing
23 to be heard?
24 Seeing and hearing none, debate is
25 closed. The Secretary will ring the bell.
4008
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 Senator Gianaris, that completes the
13 reading of today's controversial calendar.
14 SENATOR GIANARIS: Thank you,
15 Mr. President. Back to motions for a quick
16 moment.
17 I offer amendments to the following
18 bills on Third Reading Calendar and ask that they
19 retain their place on said calendar:
20 By Senator Kennedy, page 11,
21 Calendar 423, Senate Print 7855;
22 And by Senator Parker, page 25,
23 Calendar 881, Senate Print 5891F.
24 ACTING PRESIDENT BAILEY: The
25 amendments are received, and those bills will
4009
1 retain their places on the Third Reading
2 Calendar.
3 SENATOR GIANARIS: I wish to call
4 up Senator Mannion's bill, Senate Print 7023,
5 recalled from the Assembly, which is now at the
6 desk.
7 ACTING PRESIDENT BAILEY: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 118, Senate Print 7023, by Senator Mannion, an
11 act directing the Commissioner of Health to
12 conduct a study on the rates of reimbursement
13 made through the New York State Medicaid durable
14 medical equipment.
15 SENATOR GIANARIS: Move to
16 reconsider the vote by which the bill was passed.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT BAILEY: The bill
22 is restored to its place on the Third Reading
23 Calendar.
24 SENATOR GIANARIS: I offer the
25 following amendments.
4010
1 ACTING PRESIDENT BAILEY: The
2 amendments are received, and the bill will retain
3 its place on the Third Reading Calendar.
4 SENATOR GIANARIS: Is there any
5 further business at the desk?
6 ACTING PRESIDENT BAILEY: There is
7 no further business at the desk.
8 SENATOR GIANARIS: I move to
9 adjourn until tomorrow, Wednesday, May 25th, at
10 11:00 a.m.
11 ACTING PRESIDENT BAILEY: On
12 motion, the Senate stands adjourned until
13 Wednesday, May 25th, at 11:00 a.m.
14 (Whereupon, at 7:11 p.m., the Senate
15 adjourned.)
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