Regular Session - May 25, 2022

                                                                   4011

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 25, 2022

11                     12:09 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  


                                                               4012

 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:   Pastor 

 9    Reverend Julius D. Jackson, Jr., of Trinity 

10    Emmanuel Presbyterian Church in Henrietta, will 

11    give today's invocation.  

12                 PASTOR JACKSON:  Let us pray.

13                 Lord God, we come to You this day 

14    calling on You from many faiths, and even those 

15    of no faith, yet all recognizing that there 

16    exists a proverbial hill of which we must all 

17    look to in moments of crisis, strength and 

18    weakness.  

19                 It is truly from that hill that 

20    comes our strength, and we thank You that You 

21    allow us the opportunity to climb that hill to 

22    request Your power when needed.  

23                 So God of our strength and God of 

24    our weary years, God of our silent tears, Thou 

25    who hath brought us thus far on the way, Thou who 


                                                               4013

 1    has by Thy might led us into the light, keep us 

 2    forever in the path, we pray.

 3                 Lord, we come right now to ask for 

 4    Your blessings upon this legislative body and the 

 5    work that they have begun and have yet to pursue 

 6    in legislation, no matter the party affiliation, 

 7    no matter the race, the color, the creed or 

 8    gender.

 9                 Mother, Father, Spirit God, we come 

10    together this day with the prayers for and over 

11    Your people.  In the shadow of multiple pandemics 

12    of hate and COVID, we engage now in a 

13    prayer-demic, a prayer-demic that will remove 

14    PTSD, a prayer-demic that will remove hate, fear 

15    and timidity.  A prayer-demic that, if not 

16    already present, will enter the hearts and minds 

17    of all of our selected, elected, directed 

18    officials, granting the wisdom to lovingly think 

19    and act boldly.  

20                 Specifically, our Lord, our light 

21    and our salvation, we ask now for a great and 

22    powerful move that will remove complicity and 

23    complacency for such a time as this.  

24    Specifically, we keep in mind Texas and 

25    California and our own Buffalo, New York -- and 


                                                               4014

 1    our entire world.

 2                 Lord, let Your love overcome the 

 3    hate.  Let Your peace, Your justice and Your 

 4    righteousness rule, overrule and super-rule over 

 5    selfishness, marginalization, greed, hostility, 

 6    replacing it with the agape love of God and 

 7    neighbor as self.

 8                 Help each and every one of us to all 

 9    become agents of salvation, emancipation, 

10    liberty, liberation and justice for all.  As we 

11    give You all the glory, the honor and the praise, 

12    this is our prayer, in the mighty maxus {ph} name 

13    of the Father, the Son, and the Holy Spirit that 

14    we pray.

15                 Amen.  

16                 (Response of "Amen.") 

17                 ACTING PRESIDENT BAILEY:   Reading 

18    of the Journal.

19                 THE SECRETARY:   In Senate, Tuesday, 

20    May 24, 2022, the Senate met pursuant to 

21    adjournment.  The Journal of Monday, May 23, 

22    2022, was read and approved.  On motion, the 

23    Senate adjourned.

24                 ACTING PRESIDENT BAILEY:   Without 

25    objection, the Journal stands approved as read.


                                                               4015

 1                 Presentation of petitions.

 2                 Messages from the Assembly.

 3                 The Secretary will read.

 4                 THE SECRETARY:   Senator Harckham 

 5    moves to discharge, from the Committee on 

 6    Insurance, Assembly Bill Number 372 and 

 7    substitute it for the identical Senate Bill 5690, 

 8    Third Reading Calendar 763.

 9                 Senator Kaplan moves to discharge, 

10    from the Committee on Corporations, Authorities 

11    and Commissions, Assembly Bill Number 1177 and 

12    substitute it for the identical Senate Bill 5238, 

13    Third Reading Calendar 841.

14                 Senator Cleare moves to discharge, 

15    from the Committee on Health, Assembly Bill 

16    Number 2344A and substitute it for the identical 

17    Senate Bill 8102A, Third Reading Calendar 890.  

18                 Senator Jordan moves to discharge, 

19    from the Committee on Investigations and 

20    Government Operations, Assembly Bill Number 8613 

21    and substitute it for the identical Senate Bill 

22    7538, Third Reading Calendar 952.

23                 Senator Mayer moves to discharge, 

24    from the Committee on Investigations and 

25    Government Operations, Assembly Bill Number 8666 


                                                               4016

 1    and substitute it for the identical Senate Bill 

 2    7683, Third Reading Calendar 953.

 3                 Senator Mayer moves to discharge, 

 4    from the Committee on Investigations and 

 5    Government Operations, Assembly Bill Number 9612 

 6    and substitute it for the identical Senate Bill 

 7    8040, Third Reading Calendar 954.

 8                 Senator Mayer moves to discharge, 

 9    from the Committee on Investigations and 

10    Government Operations, Assembly Bill Number 9116 

11    and substitute it for the identical Senate Bill 

12    8041, Third Reading Calendar 955.

13                 Senator Mayer moves to discharge, 

14    from the Committee on Investigations and 

15    Government Operations, Assembly Bill Number 9089 

16    and substitute it for the identical Senate Bill 

17    8042, Third Reading Calendar 956.

18                 Senator Mayer moves to discharge, 

19    from the Committee on Investigations and 

20    Government Operations, Assembly Bill Number 9758 

21    and substitute it for the identical Senate Bill 

22    8043, Third Reading Calendar 957.

23                 Senator Mayer moves to discharge, 

24    from the Committee on Investigations and 

25    Government Operations, Assembly Bill Number 9110 


                                                               4017

 1    and substitute it for the identical Senate Bill 

 2    8045, Third Reading Calendar 958.

 3                 Senator Stewart-Cousins moves to 

 4    discharge, from the Committee on Investigations 

 5    and Government Operations, Assembly Bill Number 

 6    9469 and substitute it for the identical Senate 

 7    Bill 8413, Third Reading Calendar 959.

 8                 Senator Harckham moves to discharge, 

 9    from the Committee on Investigations and 

10    Government Operations, Assembly Bill Number 10123 

11    and substitute it for the identical Senate Bill 

12    8865, Third Reading Calendar 964.

13                 Senator Ramos moves to discharge, 

14    from the Committee on Labor, Assembly Bill Number 

15    9598 and substitute it for the identical Senate 

16    Bill 8648, Third Reading Calendar 1084.

17                 Senator Gounardes moves to 

18    discharge, from the Committee on Judiciary, 

19    Assembly Bill Number 7425 and substitute it for 

20    the identical Senate Bill 6810, Third Reading 

21    Calendar 1180.

22                 Senator Gounardes moves to 

23    discharge, from the Committee on Judiciary, 

24    Assembly Bill Number 7426 and substitute it for 

25    the identical Senate Bill 6812, Third Reading 


                                                               4018

 1    Calendar 1181.

 2                 Senator Hinchey moves to discharge, 

 3    from the Committee on Judiciary, Assembly Bill 

 4    Number 6165A and substitute it for the identical 

 5    Senate Bill 8518A, Third Reading Calendar 1182.

 6                 Senator Comrie moves to discharge, 

 7    from the Committee on Corporations, Authorities 

 8    and Commissions, Assembly Bill Number 8449 and 

 9    substitute it for the identical Senate Bill 8435, 

10    Third Reading Calendar 1191.

11                 Senator Comrie moves to discharge, 

12    from the Committee on Corporations, Authorities 

13    and Commissions, Assembly Bill Number 9977 and 

14    substitute it for the identical Senate Bill 9048, 

15    Third Reading Calendar 1198.

16                 Senator Sanders moves to discharge, 

17    from the Committee on Veterans, Homeland Security 

18    and Military Affairs, Assembly Bill Number 5832A 

19    and substitute it for the identical Senate Bill 

20    666A, Third Reading Calendar 1201.

21                 Senator Brooks moves to discharge, 

22    from the Committee on Labor, Assembly Bill Number 

23    3913B and substitute it for the identical Senate 

24    Bill 1961B, Third Reading Calendar 1204.

25                 Senator Harckham moves to discharge, 


                                                               4019

 1    from the Committee on Finance, Assembly Bill 

 2    Number 7889A and substitute it for the identical 

 3    Senate Bill 4486B, Third Reading Calendar 1212.

 4                 Senator Harckham moves to discharge, 

 5    from the Committee on Agriculture, Assembly Bill 

 6    Number 9716A and substitute it for the identical 

 7    Senate Bill 8772A, Third Reading Calendar 1310.

 8                 Senator Hinchey moves to discharge, 

 9    from the Committee on Agriculture, Assembly Bill 

10    Number 9296 and substitute it for the identical 

11    Senate Bill 8973, Third Reading Calendar 1311.

12                 Senator Skoufis moves to discharge, 

13    from the Committee on Elections, Assembly Bill 

14    Number 831A and substitute it for the identical 

15    Senate Bill 4591A, Third Reading Calendar 1317.

16                 Senator Rivera moves to discharge, 

17    from the Committee on Health, Assembly Bill 

18    Number 273 and substitute it for the identical 

19    Senate Bill 4640, Third Reading Calendar 1332.

20                 Senator Jordan moves to discharge, 

21    from the Committee on Rules, Assembly Bill Number 

22    7923A and substitute it for the identical Senate 

23    Bill 6562A, Third Reading Calendar 1359.

24                 Senator Mannion moves to discharge, 

25    from the Committee on Rules, Assembly Bill 


                                                               4020

 1    Number 9281 and substitute it for the identical 

 2    Senate Bill 9045, Third Reading Calendar 1394.

 3                 Senator Kavanagh moves to discharge, 

 4    from the Committee on Rules, Assembly Bill Number 

 5    10223 and substitute it for the identical Senate 

 6    Bill 9052, Third Reading Calendar 1395.

 7                 Senator Brooks moves to discharge, 

 8    from the Committee on Judiciary, Assembly Bill 

 9    Number 3582A and substitute it for the identical 

10    Senate Bill 9076, Third Reading Calendar 1396.

11                 Senator Reichlin-Melnick moves to 

12    discharge, from the Committee on Rules, 

13    Assembly Bill Number 9772 and substitute it for 

14    the identical Senate Bill 9117, Third Reading 

15    Calendar 1400.

16                 Senator Kaplan moves to discharge, 

17    from the Committee on Rules, Assembly Bill 

18    Number 472C and substitute it for the identical 

19    Senate Bill 121B, Third Reading Calendar 1417.

20                 Senator Gaughran moves to discharge, 

21    from the Committee on Veterans, Homeland Security 

22    and Military Affairs, Assembly Bill Number 1905 

23    and substitute it for the identical Senate Bill 

24    1086, Third Reading Calendar 1420.  

25                 Senator Brooks moves to discharge, 


                                                               4021

 1    from the Committee on Finance, Assembly Bill 

 2    Number 7728A and substitute it for the identical 

 3    Senate Bill 7068A, Third Reading Calendar 1435.

 4                 Senator Harckham moves to discharge, 

 5    from the Committee on Finance, Assembly Bill 

 6    Number 9594A and substitute it for the identical 

 7    Senate Bill 7664A, Third Reading Calendar 1439.

 8                 Senator Hinchey moves to discharge, 

 9    from the Committee on Finance, Assembly Bill 

10    Number 8881A and substitute it for the identical 

11    Senate Bill 8206A, Third Reading Calendar 1442.

12                 Senator Parker moves to discharge, 

13    from the Committee on Environmental Conservation, 

14    Assembly Bill Number 10001B and substitute it for 

15    the identical Senate Bill 8431A, Third Reading 

16    Calendar 1443.

17                 Senator Weik moves to discharge, 

18    from the Committee on Local Government, 

19    Assembly Bill Number 9529 and substitute it for 

20    the identical Senate Bill 8597, Third Reading 

21    Calendar 1446.

22                 Senator Parker moves to discharge, 

23    from the Committee on Rules, Assembly Bill Number 

24    8418A and substitute it for the identical Senate 

25    Bill 8650A, Third Reading Calendar 1450.


                                                               4022

 1                 Senator Brooks moves to discharge, 

 2    from the Committee on Finance, Assembly Bill 

 3    Number 9493A and substitute it for the identical 

 4    Senate Bill 8670A, Third Reading Calendar 1451.

 5                 Senator Kaminsky moves to discharge, 

 6    from the Committee on Local Government, 

 7    Assembly Bill Number 9494 and substitute it for 

 8    the identical Senate Bill 8691, Third Reading 

 9    Calendar 1452.

10                 Senator Sanders moves to discharge, 

11    from the Committee on Veterans, Homeland Security 

12    and Military Affairs, Assembly Bill Number 9590 

13    and substitute it for the identical Senate Bill 

14    8729, Third Reading Calendar 1453.

15                 Senator Palumbo moves to discharge, 

16    from the Committee on Local Government, 

17    Assembly Bill Number 9774 and substitute it for 

18    the identical Senate Bill 8799, Third Reading 

19    Calendar 1456.

20                 Senator Harckham moves to discharge, 

21    from the Committee on Local Government, 

22    Assembly Bill Number 9959 and substitute it for 

23    the identical Senate Bill 8810A, Third Reading 

24    Calendar 1457.

25                 Senator Rivera moves to discharge, 


                                                               4023

 1    from the Committee on Rules, Assembly Bill 

 2    Number 9974 and substitute it for the identical 

 3    Senate Bill 8869, Third Reading Calendar 1461.

 4                 Senator Palumbo moves to discharge, 

 5    from the Committee on Local Government, 

 6    Assembly Bill Number 10119 and substitute it for 

 7    the identical Senate Bill 8929, Third Reading 

 8    Calendar 1462.

 9                 Senator Jordan moves to discharge, 

10    from the Committee on Local Government, 

11    Assembly Bill Number 10004 and substitute it for 

12    the identical Senate Bill 8971, Third Reading 

13    Calendar 1463.

14                 Senator Reichlin-Melnick moves to 

15    discharge, from the Committee on Rules, 

16    Assembly Bill Number 10146 and substitute it for 

17    the identical Senate Bill 9025, Third Reading 

18    Calendar 1464.

19                 Senator Brouk moves to discharge, 

20    from the Committee on Mental Health and 

21    Developmental Disabilities, Assembly Bill 

22    Number 9950 and substitute it for the identical 

23    Senate Bill 9057, Third Reading Calendar 1466.

24                 Senator Kaminsky moves to discharge, 

25    from the Committee on Environmental Conservation, 


                                                               4024

 1    Assembly Bill Number 9938 and substitute it for 

 2    the identical Senate Bill 9181, Third Reading 

 3    Calendar 1468.

 4                 ACTING PRESIDENT BAILEY:   So 

 5    ordered.

 6                 Messages from the Governor.

 7                 Reports of standing committees.

 8                 Reports of select committees.

 9                 Communications and reports from 

10    state officers.

11                 Motions and resolutions.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Thank you, 

14    Mr. President.  

15                 Amendments are offered to the 

16    following Third Reading Calendar bills:

17                 By Senator Skoufis, page 35, 

18    Calendar 1127, Senate Print 8989; 

19                 Senator Hoylman, page 45, Calendar 

20    1290, Senate Print 8638; 

21                 Senator Ramos, page 45, Calendar 

22    1287, Senate Print 5598C; 

23                 And Senator Skoufis, page 7, 

24    Calendar 338, Senate Print 6199B.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               4025

 1    amendments for those bills are received, and 

 2    those bills will retain their place on the 

 3    Third Reading Calendar.

 4                 Senator Gianaris.  

 5                 SENATOR GIANARIS:   I also wish to 

 6    call up the following bills, which were recalled 

 7    from the Assembly and are now at the desk:  

 8                 Senate Bills 3081A, 7854, and 1271.

 9                 ACTING PRESIDENT BAILEY:   The 

10    Secretary will read.

11                 THE SECRETARY:   Calendar Number 

12    461, Senate Print 3081A, by Senator Salazar, an 

13    act to amend the General Business Law.

14                 Calendar Number 472, Senate Print 

15    7854, by Senator Kennedy, an act to amend the 

16    Racing, Pari-Mutuel Wagering and Breeding Law.

17                 Calendar Number 235, Senate Print 

18    1271, by Senator Brooks, an act to amend the 

19    Vehicle and Traffic Law.

20                 SENATOR GIANARIS:   Move to 

21    reconsider the vote by which those bills were 

22    passed.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4026

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT BAILEY:   The bills 

 3    are restored to their places on the Third Reading 

 4    Calendar.

 5                 SENATOR GIANARIS:   I offer 

 6    amendments to these bills.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    amendments are received, and those bills will 

 9    retain their places on the Third Reading 

10    Calendar.

11                 SENATOR GIANARIS:   Please recognize 

12    Senator Lanza.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Lanza.

15                 SENATOR LANZA:   Mr. President, on 

16    motion by Senator Weik, on page 55 I offer the 

17    following amendments to Calendar Number 1515, 

18    Senate Print Number 8744B, and ask that said bill 

19    retain its place on Third Reading Calendar.

20                 ACTING PRESIDENT BAILEY:   The 

21    amendments are received, and the bill will retain 

22    its place on the Third Reading Calendar.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   At this time 

25    let's take up previously adopted Resolution 2498, 


                                                               4027

 1    by Senator Cooney, read that resolution's title 

 2    and recognize Senator Cooney.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Senate Resolution 

 6    2498, by Senator Cooney, mourning the untimely 

 7    death of James E. Sauer, renowned pilot, loving 

 8    husband and father, and devoted member of his 

 9    community.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Cooney on the resolution.

12                 SENATOR COONEY:   Thank you, 

13    Mr. President.

14                 James E. Sauer, known as Jim or 

15    Jimmy to his loved ones, was well regarded as a 

16    family man of selfless service.  While we mourn 

17    James's untimely passing, we celebrate the deep 

18    meaning and impact of the purposeful life of a 

19    renowned pilot, loving husband and father, and 

20    devoted member of our Rochester community.

21                 James's passion for flying began at 

22    an early age of 13, and he maintained that 

23    passion throughout his entire life.  A veteran of 

24    the Army and former police officer, James's 

25    lifelong career of service began in 1979 as a 


                                                               4028

 1    soldier.  And he served as a pilot for our 

 2    state's Army National Guard for four decades, 

 3    retiring in 2020 after serving several overseas 

 4    tours, including operations Iraqi Freedom, 

 5    Enduring Freedom, Restore Hope, Desert Storm and 

 6    others.  

 7                 James gave tirelessly of his time, 

 8    energy and skills as a Rochester police officer 

 9    for close to a decade before serving in the 

10    neighboring Holley Police Department.  He also 

11    shared 17 years of his life in service as a 

12    distinguished New York State Police pilot, 

13    retiring just last year.

14                 With a true heart for service, he 

15    was also a volunteer firefighter and a pilot with 

16    Bill Law Aviation and American Eagle.  And even 

17    in his retirement, James continued lending his 

18    experience and support, serving with Mercy Flight 

19    throughout the entire pandemic.

20                 During a local news interview that 

21    covered one of his flights, James said this about 

22    flying:  "It's just about the freedom.  You're 

23    able to go ahead and use your talents to get a 

24    lot of difficult things done.  Every day is 

25    different at work, and we have a saying in the 


                                                               4029

 1    office that the office is small, but the view is 

 2    beautiful."

 3                 He embodied service and a commitment 

 4    to others' safety and well-being, both 

 5    professionally and personally, and was an active 

 6    and devoted member of Open Door Baptist Church in 

 7    his home of Chili.  

 8                 While he was passionate about many 

 9    noble things, anyone would tell you his greatest 

10    passion was his family.  His son Joshua, daughter 

11    Laura and beloved wife of 39 years, Marie, join 

12    us here today from Rochester.  

13                 He enjoyed farming alongside Marie 

14    and was always up for adventures with his family, 

15    which also includes six grandchildren, several 

16    nieces and nephews, four siblings, one of whom, 

17    his brother Jerry, lived just next door.  

18                 James died doing what he loved on a 

19    Mercy training flight that tragically crashed in 

20    neighboring Genesee County almost one month ago 

21    today, on April 26th.  Known by many as a man of 

22    dedication and commitment, his joy and strength 

23    will continue to shine brightly and bring 

24    inspiration to the countless lives he impacted 

25    for the better.


                                                               4030

 1                 He will be deeply missed, and his 

 2    merits are truly acknowledged today by this noble 

 3    body.  And it is a grateful tribute of this state 

 4    for his service to New York.

 5                 Thank you, Mr. President.

 6                 ACTING PRESIDENT BAILEY:   Thank 

 7    you, Senator Cooney.

 8                 To our guests, I welcome you on 

 9    behalf of the Senate.  We extend to you all of 

10    the privileges and courtesies of this house.  

11                 Please rise and be recognized.

12                 (Standing ovation.)

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Rath on the resolution.

15                 SENATOR RATH:   Thank you, 

16    Mr. President.

17                 I also rise today to commemorate a 

18    life tragically lost in a helicopter accident in 

19    Elba, in the eastern portion of my district.  The 

20    accident, which took place on Tuesday, April 26, 

21    sadly took two lives much too soon.

22                 Today we remember and honor the life 

23    of James Sauer, a resident of Churchville, 

24    New York, and a stalwart of this great state.  By 

25    trade, Mr. Sauer was a pilot, but most 


                                                               4031

 1    importantly he was a husband, a father, and a 

 2    grandfather.  I share my deepest condolences with 

 3    the Sauer family and all of his loved ones.

 4                 Mr. Sauer was the epitome of a 

 5    public servant, dedicating much of his life to 

 6    the protection and betterment of all of his 

 7    neighbors in all the communities that he lived in 

 8    and that he flew over.

 9                 An Army veteran, a retired state 

10    trooper, a retired Rochester police officer, his 

11    devotion to the safety and well-being of others 

12    is truly an inspiration.  It's remarkable, and 

13    everyone in this chamber is inspired by his life.

14                 The areas in which he left his mark 

15    are expansive, from his time in the National 

16    Guard and the Rochester Police Department, the 

17    Holley Police Department, the New York State 

18    Police, and even volunteer firefighting, James 

19    Sauer selflessly put himself at risk for the 

20    protection of his communities.

21                 In addition to all of his service, 

22    it is perhaps most important to highlight his 

23    family:  His beloved wife Marie of 39 years, his 

24    son Joshua, his daughter Laura.  And all of his 

25    loved ones, please know that all of us in this 


                                                               4032

 1    chamber grieve with you and the entire State of 

 2    New York grieves with you at this very difficult 

 3    time.  

 4                 Again, I share with all three of you 

 5    my deepest heartfelt condolences.  James was an 

 6    amazing man, he's an inspiration to us all, and 

 7    we will commemorate his life of service here 

 8    today.

 9                 Thank you, Mr. President.

10                 ACTING PRESIDENT BAILEY:   The 

11    resolution was previously adopted on May 10th.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Senator Cooney 

14    would like to open that resolution for 

15    cosponsorship.

16                 ACTING PRESIDENT BAILEY:   The 

17    resolution is open for cosponsorship.  Should you 

18    choose not to be a cosponsor of the resolution, 

19    please notify the desk.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Please recognize 

22    Senator Jordan for an introduction.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Jordan, for the purposes of an introduction.

25                 SENATOR JORDAN:   Mr. President and 


                                                               4033

 1    my colleagues, I rise to introduce my very 

 2    important guests today.  I'm down here, guys.

 3                 (Laughter.)

 4                 SENATOR JORDAN:   Hey (waving).  

 5                 This is the Ichabod Crane High 

 6    School Boys Varsity Basketball Team, who captured 

 7    the Class B NYSPHSAA State Championship this 

 8    year.  

 9                 I just -- you know, we passed the 

10    resolution back in March, shortly after they won 

11    this championship, and I'm very happy that 

12    they're here today.  We spoke earlier and really 

13    just talked about the firsthand importance of 

14    athletic competition and what that means to the 

15    boys, to the young men now and what it will mean 

16    later in life.

17                 Athletic competition is important 

18    for many reasons.  It teaches you to be prepared, 

19    which is their practice, to have teamwork, 

20    loyalty to their team, and getting the job done.  

21    And it also helps them to be healthy in life.

22                 So athleticism is very important now 

23    and it will be important later in their life, 

24    because in life you need to be able to work as a 

25    team and to communicate with one another to get 


                                                               4034

 1    things done.  And these boys have already learned 

 2    that.  Their coaches have honed them to be good 

 3    athletes and to learn these lessons for life.

 4                 Just to tell you a little bit how 

 5    exciting their game was, they were the 

 6    number-two-ranked Riders, and they defeated 

 7    the -- no, let's see.  The number-two-ranked 

 8    Riders defeated the number-eight-ranked Friends 

 9    Academy, and they came from behind in the last 

10    minute, 63 to 62 for their victory, to capture 

11    that championship.  

12                 The entire community celebrated them 

13    when they came home with a big parade.  And I was 

14    watching on Facebook different times during the 

15    game -- they were showing bits and pieces -- and 

16    it was very exciting.  And everyone's 

17    congratulated them.  

18                 So today I'd like to introduce 

19    Head Coach Will Ferguson and all of his 

20    outstanding athletes.  We have Jason Borrelli, 

21    Quinn Rapport, Aiden Autrey, Alex Schmidt, 

22    Avery Clickman, Brady Holzhauer, Jack Mullins, 

23    Dylan McCrudden, Dylan Colwell, Brett Richards, 

24    and Daniel Warner.  And Head Coach Will Ferguson 

25    and Assistant Coaches Mike Hoose, Chris Muller, 


                                                               4035

 1    Dave Dellehunt and Tom Call.  

 2                 Congratulations to all of you on 

 3    capturing that Class B Championship, and good 

 4    luck next year.

 5                 ACTING PRESIDENT BAILEY:   To our 

 6    championship-winning guests, I welcome you on 

 7    behalf of the Senate.  

 8                 We extend to you the privileges and 

 9    courtesies of this house, and may your luck 

10    extend to the New York Knicks.  

11                 Please rise and be recognized.

12                 (Laugher; standing ovation.)

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Gianaris.

15                 SENATOR GIANARIS:   Mr. President, 

16    there will be an immediate meeting of the 

17    Rules Committee in Room 332.

18                 ACTING PRESIDENT BAILEY:   There 

19    will be an immediate meeting of the 

20    Rules Committee in Room 332.

21                 SENATOR GIANARIS:   The Senate will 

22    stand at ease.

23                 ACTING PRESIDENT BAILEY:   The 

24    Senate will stand at ease.

25                 (Whereupon, the Senate stood at ease 


                                                               4036

 1    at 12:36 p.m.)

 2                 (Whereupon, the Senate reconvened at 

 3    12:53 p.m.)

 4                 ACTING PRESIDENT BAILEY:   The 

 5    Senate will return to order.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Mr. President, 

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

 9    desk.  Can we take that up, please.

10                 ACTING PRESIDENT BAILEY:   The 

11    Secretary will read.  

12                 THE SECRETARY:   Senator 

13    Stewart-Cousins, from the Committee on Rules, 

14    reports the following bills:

15                 Senate Print 688, by 

16    Senator Hoylman, an act to amend the 

17    Insurance Law; 

18                 Senate Print 1003C, by 

19    Senator Gaughran, an act to amend the 

20    General Municipal Law; 

21                 Senate Print 1480, by 

22    Senator Krueger, an act to amend the 

23    Executive Law; 

24                 Senate Print 2089B, by 

25    Senator Jordan, an act to amend the Military Law; 


                                                               4037

 1                 Senate Print 3192, by Senator Ortt, 

 2    an act relating to authorizing the Village of 

 3    Lewiston to reduce the speed limit on certain 

 4    public roadways;

 5                 Senate Print 3527B, by 

 6    Senator Bailey, an act to amend the County Law 

 7    and the Judiciary Law; 

 8                 Senate Print 3897, by 

 9    Senator Kennedy, an act to amend the Highway Law; 

10                 Senate Print 4025, by 

11    Senator Palumbo, an act to amend the 

12    Real Property Tax Law; 

13                 Senate Print 4707, by 

14    Senator Parker, an act to amend the 

15    Agriculture and Markets Law; 

16                 Senate Print 4860A, by 

17    Senator Kennedy, an act to authorize the widow of 

18    William James Middlebrooks to file a retirement 

19    option election form; 

20                 Senate Print 4987, by Senator Lanza, 

21    an act to amend the Vehicle and Traffic Law; 

22                 Senate Print 5040, by 

23    Senator Parker, an act to amend the 

24    Civil Practice Law and Rules; 

25                 Senate Print 5602B, by 


                                                               4038

 1    Senator Gounardes, an act to amend the 

 2    Vehicle and Traffic Law; 

 3                 Senate Print 5899A, by 

 4    Senator Parker, an act to amend the 

 5    Public Authorities Law; 

 6                 Senate Print 6274B, by 

 7    Senator Mannion, an act to amend the 

 8    Mental Hygiene Law; 

 9                 Senate Print 6313C, by Senator Ortt, 

10    an act in relation to authorizing the County of 

11    Niagara to transfer ownership of certain 

12    parkland; 

13                 Senate Print 7029, by 

14    Senator Skoufis, an act to amend the 

15    Real Property Tax Law; 

16                 Senate Print 7030, by 

17    Senator Skoufis, an act to amend the 

18    Real Property Tax Law; 

19                 Senate Print 7084, by 

20    Senator Kaplan, an act to amend the Local Finance 

21    Law; 

22                 Senate Print 7202A, by 

23    Senator Sanders, an act to amend the Banking Law; 

24                 Senate Print 7286A, by 

25    Senator Breslin, an act to authorize William 


                                                               4039

 1    Schumaker and Mark Hennessy to receive certain 

 2    service credit under Section 384-d of the 

 3    Retirement and Social Security Law; 

 4                 Senate Print 7292, by 

 5    Senator Biaggi, an act to amend the 

 6    Executive Law; 

 7                 Senate Print 7297, by 

 8    Senator Breslin, an act to amend the Highway Law; 

 9                 Senate Print 7318, by Senator Ortt, 

10    an act to amend Chapter 363 of the Laws of 1982;

11                 Senate Print 7531, by Senator May, 

12    an act to amend the General Municipal Law; 

13                 Senate Print 7620A, by 

14    Senator Brooks, an act to amend the Highway Law; 

15                 Senate Print 7867A, by 

16    Senator Biaggi, an act to amend the 

17    Public Health Law; 

18                 Senate Print 7881, by 

19    Senator Stavisky, an act to amend the 

20    Insurance Law and the Public Health Law; 

21                 Senate Print 7900, by 

22    Senator Martucci, an act to amend the 

23    Criminal Procedure Law;

24                 Senate Print 8024, by 

25    Senator Kaplan, an act to amend the Highway Law;


                                                               4040

 1                 Senate Print 8056, by Senator Ortt, 

 2    an act to amend the Highway Law; 

 3                 Senate Print 8082, by 

 4    Senator Kaminsky, an act in relation to 

 5    authorizing the West Hempstead Holiness Church of 

 6    God to file an application for a retroactive real 

 7    property tax exemption; 

 8                 Senate Print 8085C, by 

 9    Senator Helming, an act to amend the Highway Law; 

10                 Senate Print 8130, by 

11    Senator Kennedy, an act to amend the Labor Law; 

12                 Senate Print 8156, by 

13    Senator Persaud, an act to amend the 

14    Insurance Law and the Social Services Law; 

15                 Senate Print 8180, by 

16    Senator Hinchey, an act to amend the Town Law; 

17                 Senate Print 8218, by 

18    Senator Gounardes, an act to amend the 

19    Real Property Tax Law; 

20                 Senate Print 8246A, by 

21    Senator Breslin, an act to amend the County Law 

22    and the Tax Law; 

23                 Senate Print 8344A, by 

24    Senator Mannion, an act to amend Chapter 996 of 

25    the Laws of 1965; 


                                                               4041

 1                 Senate Print 8390, by 

 2    Senator Skoufis, an act to amend the Tax Law; 

 3                 Senate Print 8396A, by 

 4    Senator Skoufis, an act to amend the 

 5    Real Property Tax Law; 

 6                 Senate Print 8472B, by 

 7    Senator Mannion, an act to amend the Highway Law; 

 8                 Senate Print 8549, by 

 9    Senator Persaud, an act to amend the 

10    Insurance Law; 

11                 Senate Print 8581A, by 

12    Senator Griffo, an act to amend the Highway Law; 

13                 Senate Print 8584, by 

14    Senator Jackson, an act to amend the Retirement 

15    and Social Security Law; 

16                 Senate Print 8587, by 

17    Senator Skoufis, an act to amend the 

18    General Municipal Law; 

19                 Senate Print 8594, by 

20    Senator Parker, an act to authorize the widow of 

21    Peter Sistrom to file a retirement option 

22    election form;

23                 Senate Print 8598, by 

24    Senator Kaminsky, an act in relation to extending 

25    the boundaries of the Woodmere Fire District; 


                                                               4042

 1                 Senate Print 8607, by 

 2    Senator Palumbo, an act in relation to the 

 3    designation of Southampton Village Ocean Rescue 

 4    as an emergency rescue and first aid squad;

 5                 Senate Print 8677, by 

 6    Senator Kaplan, an act to amend the 

 7    Social Services Law;

 8                 Senate Print 8683A, by 

 9    Senator Hinchey, an act to amend the Village Law 

10    and the Public Officers Law; 

11                 Senate Print 8726A, by 

12    Senator Ritchie, an act to amend the Highway Law;

13                 Senate Print 8743A, by 

14    Senator O'Mara, an act authorizing the City of 

15    Elmira, County of Chemung, to alienate and sell 

16    parklands to Cerulean Holdings, Inc.; 

17                 Senate Print 8752A, by 

18    Senator Kaplan, an act in relation to authorizing 

19    Gurudwara Shaheedan, Inc., to file with the 

20    County of Nassau assessor an application for 

21    certain real property tax exemptions;

22                 Senate Print 8790, by 

23    Senator Tedisco, an act to amend the 

24    Public Officers Law; 

25                 Senate Print 8818, by 


                                                               4043

 1    Senator Breslin, an act in relation to permitting 

 2    the Oakwood Community Center to file an 

 3    application for a real property tax exemption;

 4                 Senate Print 8829A, by 

 5    Senator Hoylman, an act to amend the Tax Law; 

 6                 Senate Print 8845A, by 

 7    Senator Skoufis, an act to amend the Tax Law; 

 8                 Senate Print 8872, by Senator Weik, 

 9    an act in relation to authorizing the Town of 

10    Brookhaven, County of Suffolk assessor to file an 

11    application for a real property tax exemption; 

12                 Senate Print 8931, by 

13    Senator Gaughran, Concurrent Resolution of the 

14    Senate and Assembly proposing an amendment to 

15    Section 5 of Article 8 of the Constitution; 

16                 Senate Print 8986, by Senator Mayer, 

17    an act to amend a chapter of the Laws of 2021; 

18                 Senate Print 9009, by 

19    Senator Addabbo, an act to amend the Racing, 

20    Pari-Mutuel Wagering and Breeding Law; 

21                 Senate Print 9013, by 

22    Senator Cooney, an act to amend the 

23    Alcoholic Beverage Control Law; 

24                 Senate Print 9019, by 

25    Senator Gaughran, an act in relation to 


                                                               4044

 1    establishing a Caumsett State Park fire readiness 

 2    study;

 3                 Senate Print 9023, by 

 4    Senator Brooks, an act to amend the Highway Law; 

 5                 Senate Print 9028, by 

 6    Senator Cooney, an act to amend the Highway Law; 

 7                 Senate Print 9029A, by 

 8    Senator Ramos, an act to amend the 

 9    Social Services Law; 

10                 Senate Print 9053, by 

11    Senator Kaminsky, an act to amend the 

12    Education Law; 

13                 Senate Print 9054, by 

14    Senator Kaminsky, an act to amend the 

15    Education Law; 

16                 Senate Print 9068B, by 

17    Senator Jackson, an act authorizing the City of 

18    New York to discontinue the use as parkland of a 

19    portion of real property in the County of 

20    New York; 

21                 Senate Print 9092A, by 

22    Senator Brouk, an act to amend the 

23    Alcoholic Beverage Control Law; 

24                 Senate Print 9120A, by 

25    Senator Sepúlveda, an act to authorize the City 


                                                               4045

 1    of New York to discontinue a portion of real 

 2    property in the County of the Bronx; 

 3                 Senate Print 9126, by Senator Weik, 

 4    an act in relation to authorizing the assessor of 

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

 6    an application for exemption from real property 

 7    taxes;

 8                 Senate Print 9140, by 

 9    Senator Mattera, an act to amend the 

10    Environmental Conservation Law; 

11                 Senate Print 9145, by Senator Weik, 

12    an act in relation to authorizing the Town of 

13    Brookhaven, County of Suffolk assessor to accept 

14    an application for a real property tax exemption; 

15                 Senate Print 9146, by Senator Weik, 

16    an act to amend Chapter 397 of the Laws of 1996; 

17                 Senate Print 9316A, by 

18    Senator Stewart-Cousins, an act to amend the 

19    Village Law; 

20                 Senate Print 9323A, by 

21    Senator Salazar, an act to authorize the City of 

22    New York to discontinue the use as parkland of a 

23    portion of real property in the Borough of 

24    Brooklyn; 

25                 Senate Print 9328, by 


                                                               4046

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

 2                 Senate Print 9333, by Senator Ramos, 

 3    an act to amend the Executive Law; 

 4                 Senate Print 9336, by 

 5    Senator Bailey, an act to establish a juvenile 

 6    justice education task force; 

 7                 Senate Print 9348, by 

 8    Senator Sanders, an act in relation to directing 

 9    the Superintendent of Financial Services to study 

10    overdraft fees;

11                 Senate Print 9350, by 

12    Senator Jordan, an act to amend the 

13    Criminal Procedure Law; 

14                 Senate Print 9357, by 

15    Senator Gaughran, an act to amend the 

16    Education Law; 

17                 Senate Print 9358, by 

18    Senator Gaughran, an act to amend the 

19    Education Law; 

20                 Senate Print 9359, by 

21    Senator Thomas, an act to amend the 

22    General Business Law; 

23                 Senate Print 9360, by 

24    Senator Thomas, an act to amend the 

25    Abandoned Property Law; 


                                                               4047

 1                 Senate Print 9371, by Senator Ryan, 

 2    an act to amend the Alcoholic Beverage Control 

 3    Law; 

 4                 Senate Print 9372, by 

 5    Senator Gounardes, an act to amend the 

 6    Real Property Tax Law; 

 7                 Senate Print 9380, by 

 8    Senator Sepúlveda, an act to amend Chapter 890 of 

 9    the Laws of 1982; 

10                 Senate Print 9381, by 

11    Senator Gianaris, an act to amend the Labor Law; 

12                 Senate Print 9383, by 

13    Senator Kavanagh, an act to amend the 

14    Alcoholic Beverage Control Law; 

15                 Senate Print 9385, by 

16    Senator Kavanagh, an act to amend the 

17    Alcoholic Beverage Control Law; 

18                 Senate Print 9390, by 

19    Senator Kaminsky, an act to amend Chapter 401 of 

20    the Laws of 2002; 

21                 Senate Print 9398, by 

22    Senator Cooney, an act to amend Chapter 538 of 

23    the Laws of 2013; 

24                 Senate Print 9399, by 

25    Senator Sepúlveda, an act to amend the 


                                                               4048

 1    Real Property Tax Law; 

 2                 Senate Print 9400, by 

 3    Senator Mannion, an act to amend the 

 4    Executive Law; 

 5                 Senate Print 9405, by 

 6    Senator Parker, an act to amend the Energy Law; 

 7    and 

 8                 Senate Print 9408, 

 9    by Senator Parker, an act to amend the 

10    Mental Hygiene Law.

11                 All bills reported direct to third 

12    reading.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Gianaris.

15                 SENATOR GIANARIS:   At this time, 

16    Mr. President, we're going to go to the reading 

17    of the calendar.

18                 Oh, move to accept the report of the 

19    Rules Committee.  

20                 ACTING PRESIDENT BAILEY:   All those 

21    in favor of accepting the report of the 

22    Rules Committee signify by saying aye.

23                 (Response of "Aye.")

24                 ACTING PRESIDENT BAILEY:   Opposed, 

25    nay.


                                                               4049

 1                 (No response.)

 2                 ACTING PRESIDENT BAILEY:   The 

 3    report of the Rules Committee is accepted.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Thank you, 

 6    Mr. President.

 7                 Now we're going to move to the 

 8    calendar, but we're going to begin with 

 9    Calendar 1417, followed by Calendar 1424, and 

10    then continue with the calendar as usual.

11                 ACTING PRESIDENT BAILEY:   The 

12    Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    1417, Assembly Print Number 472C, by 

15    Assemblymember Rozic, an act in relation to 

16    authorizing the Commissioner of Education to 

17    conduct a study regarding instruction on the 

18    Holocaust within the state.  

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.)


                                                               4050

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Kaplan to explain her vote.

 3                 SENATOR KAPLAN:   Thank you, 

 4    Mr. President.

 5                 When we talk about the Holocaust, we 

 6    say "never forget."  But in order to forget 

 7    something, you need to learn about it in the 

 8    first place.  And the statistics show that we're 

 9    not doing a very good job of teaching our kids 

10    about the atrocities of the Holocaust and the 

11    6 million Jews who were murdered by Nazis.

12                 A recent study by the Conference on 

13    Jewish Material Claims Against Germany laid out 

14    shocking statistics that exemplify the problem.  

15    Among millennials in New York, 58 percent can't 

16    name a single concentration camp.  Nineteen 

17    percent believe that Jews caused the Holocaust.  

18    And 28 percent believe the Holocaust is a myth or 

19    a story that has been exaggerated.

20                 Learning the lessons of the 

21    Holocaust is more important today than ever 

22    before.  It's taken on a new urgency in recent 

23    months.  As we all watched in horror, a peaceful 

24    European nation was invaded under false pretenses 

25    and cynically using Holocaust misinformation as 


                                                               4051

 1    an excuse to do so.

 2                 It is critical that we all know our 

 3    history and that we teach our next generation 

 4    about it no matter how dark or difficult the 

 5    conversation is.  That is why I've been fighting 

 6    to pass this bill, which will ensure that every 

 7    single child in New York receives a meaningful 

 8    education on the Holocaust.

 9                 Because at a time when hatred and 

10    antisemitism are exploding around the world and 

11    in our own community, we must do everything that 

12    we can to ensure that we've learned the lessons 

13    of history so that we are not doomed to repeat 

14    it.

15                 So today, as we pass this bill, I 

16    want to thank our leader, Senator Andrea 

17    Stewart-Cousins, for bringing it to the floor and 

18    ensuring that we don't forget the lessons of our 

19    history.  

20                 I also want to thank our Education 

21    Committee chair, Senator Shelley Mayer.  

22                 And I want to thank all of the 

23    advocates and organizations who have rallied 

24    around this important effort.  

25                 And with that, I proudly vote aye.


                                                               4052

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Kaplan to be recorded in the affirmative.

 3                 Senator Ryan to explain his vote.

 4                 SENATOR RYAN:   Thank you, 

 5    Mr. President.

 6                 First I'd like to thank my colleague 

 7    Senator Kaplan for her hard work on this bill and 

 8    Assemblywoman Rozic for her hard work in the 

 9    Assembly on this bill.

10                 Two years ago I traveled to Poland 

11    and took part in the commemoration of the 

12    75th anniversary of the liberation of Auschwitz.  

13    It was sobering, sobering trip for me.  And it 

14    was a real reminder of the tragedy of the 

15    Holocaust, to see with your own eyes a mechanized 

16    way of killing millions of people.  

17                 And every time we talk about the 

18    Holocaust, we use the words "never forget." 

19    Sadly, it looks like New Yorkers are forgetting.  

20    There was a study done in 2020; it found that 

21    almost a third of New York adults believe that 

22    the Holocaust was a myth or that it was greatly 

23    exaggerated.  Almost 20 percent of New Yorkers 

24    thought that somehow the Jews caused the 

25    Holocaust.  


                                                               4053

 1                 People from all 50 states were 

 2    surveyed, and New York came out with some of the 

 3    worst rankings on it.  So it's clear that it's a 

 4    serious issue.  We know that ignorance is the 

 5    root of all bigotry.  

 6                 Earlier this month, town officials 

 7    in Williamsville, New York, compared COVID 

 8    guidelines to treatment of Jews in the Holocaust.  

 9    It was shocking to hear statements like that from 

10    elected officials, but it's become a common 

11    refrain across America.  And it's a refrain based 

12    on profound ignorance.

13                 For many years our nation has seen a 

14    sharp increase in antisemitic hate crime.  And I 

15    don't think it's a coincidence that the increase 

16    in hate crime has coincided with the rise of 

17    rhetoric that minimizes or questions the 

18    Holocaust.

19                 So how do we solve this problem?  We 

20    solve it by fighting ignorance.  We solve it by 

21    fighting ignorance when we teach children about 

22    the atrocities suffered by Jews during the 

23    Holocaust, and the lessons that they learn are 

24    relevant to today's world.

25                 So we already have Holocaust 


                                                               4054

 1    education standards in our schools.  Now we just 

 2    need to make sure that those standards are being 

 3    followed.

 4                 Thank you, and I vote in the 

 5    affirmative.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Ryan to be recorded in the affirmative.

 8                 Senator Gaughran to explain his 

 9    vote.

10                 SENATOR GAUGHRAN:   Thank you, 

11    Mr. President.

12                 You know, when I went to school they 

13    taught us about World War II and they talked 

14    about all the great battles and how we won and 

15    the Allies won.  And oh, and yes, there was a 

16    Holocaust as part of World War II.  We never got 

17    the full scope and depth of the horrors of the 

18    Holocaust.

19                 Fortunately for me, as a very young 

20    child -- one of my earliest memories as a child 

21    was my parents -- we went away for the weekend to 

22    a little cabin on a lake, I think it was up in 

23    Lake Placid.  And I remember seeing a lady and 

24    turned to my father and said, "Dad, why are there 

25    numbers on her arm?"  And then my father 


                                                               4055

 1    explained why.

 2                 And then I don't know whether it was 

 3    because she heard what I said, or perhaps my 

 4    parents had something to do with it, but that 

 5    night we sat around and spoke to her.  And she 

 6    spoke about her experiences in a very 

 7    age-appropriate way, but in a meaningful way.

 8                 And many of these folks, survivors, 

 9    are still alive.  But as time goes on, they won't 

10    be.  So we have to make sure that the curriculum 

11    in this state is teaching every single kid for 

12    future generations about this horror.

13                 So I vote in the affirmative, 

14    Mr. President.  Thank you.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Gaughran to be recorded in the affirmative.

17                 Senator Borrello to explain his 

18    vote.

19                 SENATOR BORRELLO:   Thank you, 

20    Mr. President.

21                 I want to thank the sponsor for this 

22    bill.  

23                 I was honored to be there on 

24    Holocaust Remembrance Day when we discussed this 

25    and how we can further educate our children.


                                                               4056

 1                 It is scary and dangerous, the lack 

 2    of knowledge on the Holocaust we have here in 

 3    New York.  I think in general we have done a very 

 4    poor job of focusing on history with our 

 5    children, particularly on those things that we 

 6    may perceive to be uncomfortable to deal with.

 7                 We have in many ways switched from 

 8    education to indoctrination in our schools, and 

 9    that has led to a lack of focus on things, 

10    particularly as important as history.

11                 Unlike Senator Gaughran, we had a 

12    much more robust discussion on the Holocaust when 

13    I was a child in American history and in European 

14    history.  And it was those photos, those images, 

15    the ones that the soldiers were told they should 

16    take so that we can -- because someday there will 

17    be a denial that this happened.  

18                 So I learned it.  But we lack that 

19    type of important focus now.

20                 So I vote aye, and I hope that this 

21    is the beginning of what will be a meaningful 

22    restoration of truly learning from history.

23                 Thank you.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Borrello to be recorded in the affirmative.


                                                               4057

 1                 Senator Bailey to explain his vote.

 2                 SENATOR BAILEY:   Thank you, 

 3    Madam President, for indulging me.  I saw fit to 

 4    speak on this important piece of legislation.  

 5                 Thank you, Senator Kaplan, for 

 6    introducing it.  

 7                 I think about my upbringing and I 

 8    think about -- you know, you learn about 

 9    persecution and you learn about struggle and you 

10    learn about the trials and tribulations that 

11    others have had.  But quite frankly until you 

12    have learned about what the Holocaust was, the 

13    immense amount of hatred that was displayed and 

14    shown for people who simply wanted to observe 

15    their religion -- you know, we've seen hate 

16    manifest itself in this world throughout, time 

17    and time again.  

18                 And I think about early education, 

19    making sure that children understand the value of 

20    togetherness.  

21                 You know, I speak about my kids 

22    often on the floor, and last year both of my 

23    daughters came home speaking to me about 

24    Hanukkah.  And they were pretty mad at me, quite 

25    frankly, that we didn't have a menorah in our 


                                                               4058

 1    home.  And they were wondering why we don't 

 2    celebrate Hanukkah.  

 3                 I think that's a beautiful thing, 

 4    however mad that they were that they weren't 

 5    getting presents on each day of Hanukkah.  It's a 

 6    beautiful thing that at seven and five years old, 

 7    they understand that other people's cultures and 

 8    religions matter.

 9                 And I can tell you that as a student 

10    of the Bronx High School of Science, within the 

11    Bronx High School of Science is contained a 

12    museum on the Holocaust.  It's one of the 

13    greatest hidden treasures in the Bronx.  As a 

14    13-year-old, I wandered myself there into the 

15    library infrequently -- I wasn't in the library 

16    much even in Bronx Science, Madam President.  But 

17    as I went into the library I saw these pictures, 

18    and I saw destruction.  I saw burnt bodies.  And 

19    it reminded me that we all have a lot to learn.

20                 So I found myself in the Holocaust 

21    Museum more often than I thought I would have 

22    been, Madam President, just reading some of the 

23    journals and seeing some of the history that has 

24    happened.

25                 Brothers and sisters, I leave you 


                                                               4059

 1    with this.  If we do not know our history, we are 

 2    damned sure doomed to repeat it.  In the last two 

 3    weeks we have seen atrocities upon atrocities.  

 4    And I'm grateful for the education that I have 

 5    received, but I think it's important that every 

 6    child within this great state is able to receive 

 7    the education about the atrocities of the 

 8    Holocaust.  

 9                 Thank you once again for this bill, 

10    Anna.  

11                 I vote aye, Madam President.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Bailey to be recorded in the affirmative.

14                 Senator Savino to explain her vote.

15                 SENATOR SAVINO:   Thank you, 

16    Madam President.

17                 I want to thank Senator Kaplan for 

18    her work on this issue.  It is I know one of the 

19    most important bills that she's been pushing 

20    since the day she got elected.  

21                 In fact, two years ago she came to 

22    my district in Coney Island and Brighton Beach 

23    during the budget process when we were happy to 

24    announce funding that we were able to secure in 

25    the budget for Holocaust survivors.  


                                                               4060

 1                 I represent parts of Brighton Breach 

 2    and Coney Island, which is the home to the 

 3    largest group of Holocaust survivors in New York 

 4    State.  I've spoken about that on the floor in 

 5    the past.  Many of them are very old now.  

 6    They're in their eighties, early nineties.  They 

 7    are living history.  They are able to share with 

 8    people their experiences as very young children 

 9    surviving either the concentration camps in 

10    Poland and Germany or fleeing the pogroms in 

11    Russia and what they went through.  

12                 We are rapidly approaching the point 

13    now where they will not be around for much 

14    longer.  You know, it's just the cycle of life.  

15    We can only live so long.  And those of them who 

16    can speak about their experience, share it with 

17    others, talk about what it really was like will 

18    not be here for much longer.  So Holocaust 

19    education becomes even more important so people 

20    can see what happened.

21                 You know, I've been privileged to 

22    share those experiences with some of them, and 

23    I'm always stunned by how resilient these people 

24    are.  They have lived through some of the most 

25    unbelievable atrocities, and yet they're able 


                                                               4061

 1    to -- they were able to not only survive but 

 2    thrive.

 3                 I think maybe it's part of our 

 4    education process, Anna.  We spend a lot of money 

 5    sending young people on school trips.  To the 

 6    extent they were able to send them to places like 

 7    the Holocaust Museum, if not in the Bronx, but 

 8    also in Washington -- if you have never been to 

 9    the Holocaust Museum in Washington, I urge you to 

10    go there.  It is a -- minimally five hours of 

11    your life you will spend there, and when you come 

12    out of there you will be changed.  

13                 The first place I went to, I'll be 

14    honest, was to the bar.  I was like, I never 

15    needed a drink so much in my life.  

16                 But it is -- it is an experience.  

17    Museums can be a place of education of a profound 

18    nature, as the Holocaust Museum is in Washington, 

19    as the African-American Museum is in Detroit.  If 

20    you've never been there, you should go there too.

21                 So again, I want to thank 

22    Senator Kaplan for her work on this.  I hope the 

23    Assembly passes it and State Education sees the 

24    wisdom of this.  Because the Holocaust survivors 

25    will not be around for much longer, and their 


                                                               4062

 1    living history will go with them.  So it's 

 2    important that we carry on that legacy through 

 3    our education policies.  

 4                 Thank you, Mr. President.

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Savino to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1424, Senate Print 4032, by Senator Comrie, an 

13    act to amend the Public Service 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:   Senator 

23    Rath to explain his vote.

24                 SENATOR RATH:   Mr. President, I 

25    rise in that I have a personal conflict with this 


                                                               4063

 1    bill in particular, and as such I respectfully 

 2    ask to be excused from voting on it.

 3                 Thank you.

 4                 ACTING PRESIDENT BAILEY:   Without 

 5    objection, so ordered.

 6                 Announce the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar Number 1424, those Senators voting in 

 9    the negative are Senators Akshar, Borrello, 

10    Gallivan, Jordan, Lanza, Martucci, Mattera, 

11    Oberacker, O'Mara, Ortt, Palumbo, Serino, Stec, 

12    Tedisco and Weik.

13                 Ayes, 45.  Nays, 15.

14                 Senator Rath excused.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    131, Senate Print 933C, by Senator Gianaris, an 

19    act to amend the General Business Law.

20                 SENATOR LANZA:   Lay it aside.

21                 ACTING PRESIDENT BAILEY:   Lay it 

22    aside.

23                 THE SECRETARY:   Calendar Number 

24    229, Senate Print 403, by Senator Biaggi, an act 

25    to amend the Penal Law.


                                                               4064

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect on the first of November.

 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 229, voting in the negative:  

12    Senator Lanza.

13                 Ayes, 60.  Nays, 1.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    465, Senate Print 3183A, by Senator Gianaris, an 

18    act to amend the Criminal Procedure Law.

19                 ACTING PRESIDENT BAILEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 5.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4065

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 465, those Senators voting in the 

 5    negative are Senators Akshar, Borrello, Boyle, 

 6    Felder, Gallivan, Griffo, Helming, Jordan, Lanza, 

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

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

 9    Weik.

10                 Ayes, 40.  Nays, 21.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    547, Senate Print 3586A, by Senator Comrie, an 

15    act to amend the Administrative Code of the City 

16    of New York.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  This 

20    act shall take effect on the same date and in the 

21    same manner as Local Law Number 126 of the City 

22    of New York.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4066

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 547, those Senators voting in the 

 5    negative are Senators Akshar, Borrello, Boyle, 

 6    Gallivan, Griffo, Helming, Jordan, Martucci, 

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

 8    Serino, Stec, Tedisco and Weik.

 9                 Ayes, 43.  Nays, 18.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    549, Senate Print 7910A, by Senator Harckham, an 

14    act to amend the Mental Hygiene 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:   Senator 

23    Harckham to explain his vote.

24                 SENATOR HARCKHAM:   Thank you very 

25    much, Mr. President.


                                                               4067

 1                 Today we are presenting a package of 

 2    bills pertaining to the opioid crisis, substance 

 3    use disorder in general.  I want to thank the 

 4    Majority Leader, Senator Andrea Stewart-Cousins, 

 5    for advancing this package not only today, but 

 6    her leadership in advancing bills from a lot of 

 7    members from this chamber throughout the years.  

 8                 And this has been a subject where, 

 9    you know, in this chamber we tend to disagree on 

10    a lot of things, but on the opioid crisis and 

11    substance use disorder and mental health issues, 

12    we tend to have pretty good bipartisan 

13    cooperation.  We don't always agree, but we work 

14    together quite closely on these issues.

15                 So today we have another package of 

16    bills that continue our theme of breaking down 

17    barriers to treatment, expanding harm reduction 

18    to keep folks alive until they are eligible for 

19    treatment, and then also to -- on the prevention 

20    side -- address the mental health side so folks 

21    don't necessarily have to self-medicate.  You 

22    know, as we know, the traumatized teens of today 

23    are the substance abusers of tomorrow.

24                 And then finally, we have a bill 

25    that we worked on last year, and I'm glad the 


                                                               4068

 1    Assembly passed this year, that addresses some 

 2    abuses in the Office of Medicaid Inspector 

 3    General -- you know, really harshly if not 

 4    fatally punishing treatment programs for clerical 

 5    errors as opposed to waste, fraud and abuse.

 6                 So I think this is a great package.  

 7    I thank all colleagues who were involved in this.  

 8    I want to thank our central staff and our 

 9    individual staffs because they're the folks who 

10    really do the work on these packages.  

11                 And I will be voting aye on this 

12    measure and all of the others.  

13                 Thank you, Mr. President.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Harckham to be recorded in the affirmative.

16                 Announce the results.

17                 THE SECRETARY:   Ayes, 61.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    552, Senate Print 8244, by Senator Kennedy, an 

22    act to amend the Mental Hygiene Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               4069

 1    act shall take effect April 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:   Ayes, 61.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    627, Senate Print 4954C, by Senator Myrie, an act 

12    to amend the General Business Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the 30th 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:   Senator 

22    Myrie to explain his vote.

23                 SENATOR MYRIE:   Thank you, 

24    Mr. President.  

25                 As many of you know in this chamber, 


                                                               4070

 1    I had COVID last year.  It took me out for a 

 2    couple of months.  But I'm very glad to be back 

 3    on my feet.  

 4                 What many people don't know is that 

 5    I had to spend time in the ICU at SUNY Downstate, 

 6    but I count myself lucky because I'm not one of 

 7    the 1 million people that succumbed to this 

 8    disease and this virus.  

 9                 And that's why it is especially 

10    egregious that, during the worst pandemic in our 

11    lifetimes, that there are individuals and 

12    corporations that have used the disruption in our 

13    market to line their pockets.  Whether it's been 

14    fake insurance companies, bogus testing sites, 

15    false investing opportunities, deceptive vaccine 

16    advertisements, it runs the gamut of the fraud 

17    perpetrated against our people in order to make a 

18    profit.

19                 That has cost Americans close to 

20    $1 billion, and that number is almost 70 million 

21    just here in the State of New York.  The average 

22    person is losing $400 to COVID fraud right here 

23    in this state.  And which one of our constituents 

24    couldn't use an extra $400 in their pocket right 

25    now?  


                                                               4071

 1                 We know that it's not just limited 

 2    to COVID-19.  We see what is happening at the gas 

 3    pump, we see what is happening with baby 

 4    formula -- people taking advantage of disruptions 

 5    and hitting our constituents where it hurts the 

 6    most.

 7                 So I'm so proud that we have brought 

 8    this to the floor today.  I urge all of my 

 9    colleagues to vote in support of this measure 

10    that would levy penalties on individuals and 

11    corporations that would seek to profit off of our 

12    pain.

13                 I'll be voting in the affirmative.  

14    Thank you.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Myrie to be recorded in the affirmative.

17                 Announce the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 627, voting in the negative:  

20    Senator Oberacker.

21                 Ayes, 60.  Nays, 1.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    763, Assembly Print Number 372, by Assemblymember 


                                                               4072

 1    Rosenthal, an act to amend the Insurance Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 4.  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:   In relation to 

12    Calendar 763, those Senators voting in the 

13    negative are Senators Borrello, Gallivan, Jordan 

14    and Ortt.

15                 Ayes, 57.  Nays, 4.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    841, Assembly Print Number 1177, by 

20    Assemblymember Buttenschon, an act to amend the 

21    New York State Urban Development Corporation Act.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               4073

 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 Number 841, voting in the negative:  

 8    Senator Skoufis.

 9                 Ayes, 60.  Nays, 1.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    890, Assembly Print Number 2344A, by 

14    Assemblymember Rosenthal, an act to amend the 

15    Public Health Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

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

20    shall have become a law.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               4074

 1                 THE SECRETARY:   In relation to 

 2    Calendar 890, those Senators voting in the 

 3    negative are Senators Akshar, Gallivan, Griffo,  

 4    Martucci, Oberacker, Ortt and Rath.  Also Senator 

 5    Tedisco and Senator O'Mara.  

 6                 Ayes, 52.  Nays, 9.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.  

 9                 THE SECRETARY:   Excuse me.  Also 

10    Senator Jordan.

11                 Ayes, 51.  Nays, 10.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    934, Senate Print 6319A, by Senator Harckham, an 

16    act to amend the Mental Hygiene 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.


                                                               4075

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    937, Senate Print 6401, by Senator Gaughran, an 

 6    act to amend the General Municipal Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 3.  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 937, voting in the negative:  

18    Senator Akshar.

19                 Ayes, 60.  Nays, 1.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    943, Senate Print 8129, by Senator Kennedy, an 

24    act to amend the Local Finance Law. 

25                 ACTING PRESIDENT BAILEY:   There is 


                                                               4076

 1    a home-rule message at the desk.

 2                 Read the 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 943, voting in the negative:  

12    Senator Martucci.

13                 Ayes, 60.  Nays, 1.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    946, Senate Print 8274, by Senator Kaplan, an act 

18    in relation to authorizing the County of Nassau 

19    assessor to accept an application for a real 

20    property tax exemption.

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 


                                                               4077

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 946, those Senators voting in the 

 7    negative are Senators Akshar and O'Mara.

 8                 Ayes, 59.  Nays, 2.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    952, Assembly Print Number 8613, by 

13    Assemblymember Barrett, an act to amend 

14    Chapter 465 of the Laws of 2016.

15                 ACTING PRESIDENT BAILEY:   There is 

16    a home-rule message at the desk.

17                 Read the last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.  

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               4078

 1    Calendar 952, those Senators voting in the 

 2    negative are Senators Brooks, Gaughran, Harckham, 

 3    Kaplan, Lanza, Mannion, Skoufis and Thomas.

 4                 Ayes, 53.  Nays, 8.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    953, Assembly Print Number 8666, by 

 9    Assemblymember Otis, an act to amend Chapter 381 

10    of the Laws of 2010.

11                 ACTING PRESIDENT BAILEY:   There is 

12    a home-rule message at the desk.

13                 Read the 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 953, those Senators voting in the 

23    negative are Senators Brooks, Gaughran, Hinchey, 

24    Kaplan, Lanza, Mannion, Oberacker, Skoufis and 

25    Thomas.


                                                               4079

 1                 Ayes, 52.  Nays, 9.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    954, Assembly Print Number 9612, by 

 6    Assemblymember Burdick, an act to amend 

 7    Chapter 506 of the Laws of 2016.

 8                 ACTING PRESIDENT BAILEY:   There is 

 9    a home-rule message at the desk.

10                 Read the 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 954, those Senators voting in the 

20    negative are Senators Brooks, Gaughran, Hinchey, 

21    Kaplan, Lanza, Mannion, Palumbo, Skoufis, and 

22    Thomas.  Also Senator Oberacker.

23                 Ayes, 51.  Nays, 10.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               4080

 1                 THE SECRETARY:   Calendar Number 

 2    955, Assembly Print Number 9116, by 

 3    Assemblymember Otis, an act to amend Chapter 509 

 4    of the Laws of 2016.

 5                 ACTING PRESIDENT BAILEY:   There is 

 6    a home-rule message at the desk.

 7                 Read the 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:   In relation to 

16    Calendar 955, those Senators voting in the 

17    negative are Senators Brooks, Gaughran, Hinchey, 

18    Kaplan, Lanza, Mannion, Oberacker, Palumbo, 

19    Skoufis and Thomas.

20                 Ayes, 51.  Nays, 10.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    956, Assembly Print Number 9089, by 

25    Assemblymember Paulin, an act to amend 


                                                               4081

 1    Chapter 505 of the Laws of 2016.

 2                 ACTING PRESIDENT BAILEY:   There is 

 3    a home-rule message at the desk.

 4                 Read the 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:   In relation to 

13    Calendar 956, those Senators voting in the 

14    negative are Senators Brooks, Gaughran, Hinchey, 

15    Kaplan, Lanza, Mannion, Oberacker, Palumbo, 

16    Skoufis and Thomas.

17                 Ayes, 51.  Nays, 10.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    957, Assembly Print Number 9758, by 

22    Assemblymember Burdick, an act to amend 

23    Chapter 507 of the Laws of 2016.

24                 ACTING PRESIDENT BAILEY:   There is 

25    a home-rule message at the desk.


                                                               4082

 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:   In relation to 

10    Calendar Number 957, those Senators voting in the 

11    negative are Senators Brooks, Gaughran, Hinchey, 

12    Kaplan, Lanza, Mannion, Oberacker, Palumbo, 

13    Skoufis and Thomas.

14                 Ayes, 51.  Nays 10.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    958, Assembly Print Number 9110, by 

19    Assemblymember Otis, an act to amend Chapter 508 

20    of the Laws of 2016.

21                 ACTING PRESIDENT BAILEY:   There is 

22    a home-rule message at the desk.

23                 Read the last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               4083

 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 958, those Senators voting in the 

 8    negative are Senators Brooks, Gaughran, Hinchey, 

 9    Kaplan, Lanza, Mannion, Oberacker, Palumbo, 

10    Skoufis and Thomas.

11                 Ayes, 51.  Nays, 10.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    959, Assembly Print Number 9469, by 

16    Assemblymember Abinanti, an act to amend 

17    Chapter 504 of the Laws of 2016.

18                 ACTING PRESIDENT BAILEY:   There is 

19    a home-rule message at the desk.

20                 Read the 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.)


                                                               4084

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 959, those Senators voting in the 

 5    negative are Senators Brooks, Gaughran, Hinchey, 

 6    Kaplan, Lanza, Mannion, Oberacker, Palumbo, 

 7    Skoufis and Thomas.

 8                 Ayes, 51.  Nays, 10.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    961, Senate Print 8673, by Senator Gallivan, an 

13    act to amend Chapter 373 of the Laws of 2019.

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 961, those Senators voting in the 

25    negative are Senators Brooks, Gaughran, Harckham, 


                                                               4085

 1    Hinchey, Kaplan, Lanza, Mannion, Oberacker, 

 2    Palumbo, Skoufis and Thomas.

 3                 Ayes, 50.  Nays, 11.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    962, Senate Print 8734, by Senator Skoufis, an 

 8    act to amend Chapter 510 of the Laws of 2016.

 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:   In relation to 

20    Calendar Number 962, those Senators voting in the 

21    negative are Senators Brooks, Gaughran, Harckham, 

22    Hinchey, Kaplan, Lanza, Mannion, Oberacker, 

23    Palumbo and Thomas.

24                 Ayes, 51.  Nays, 10.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               4086

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    963, Senate Print 8860, by Senator Martucci, an 

 4    act to amend Chapter 368 of the Laws of 2020.

 5                 ACTING PRESIDENT BAILEY:   There is 

 6    a home-rule message at the desk.

 7                 Read the 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:   In relation to 

16    Calendar 963, those Senators voting in the 

17    negative are Senators Brooks, Gaughran, Harckham, 

18    Hinchey, Kaplan, Lanza, Mannion, Palumbo and 

19    Thomas.

20                 Ayes, 52.  Nays, 9.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    964, Assembly Print Number 10123, by 

25    Assemblymember Burdick, an act to amend 


                                                               4087

 1    Chapter 511 of the Laws of 2016.

 2                 ACTING PRESIDENT BAILEY:   There is 

 3    a home-rule message at the desk.

 4                 Read the 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:   Senator 

11    Borrello to explain his vote.

12                 SENATOR BORRELLO:   Thank you, 

13    Mr. President.

14                 Not just on this bill, but all these 

15    tax extender bills, I find it quite interesting 

16    that some folks are obviously voting against this 

17    in principle, because we don't want to raise 

18    taxes.  That's probably the most hypocritical 

19    thing that could possibly come out of the 

20    New York State Senate.  

21                 As a 10-year veteran of local 

22    government, I can tell you that the reason that 

23    you have to have things like mortgage recording 

24    taxes and occupancy taxes is because of the 

25    oppressive unfunded mandates that have come out 


                                                               4088

 1    of Albany since the beginning of time.  

 2                 Chautauqua County, where I'm from, 

 3    when I was country executive, 85 percent of our 

 4    budget -- 85 percent of every dollar that was 

 5    collected in property taxes went for unfunded 

 6    mandates.  In Erie County, 100 percent of every 

 7    dollar collected in local property taxes goes 

 8    just to cover the local expense of Medicaid.  

 9                 When New York State is the last 

10    state in the nation, that still burdens local 

11    governments with the expense of Medicaid.  And we 

12    continue to grow that program into the horrible, 

13    corrupt, inefficient program that it is -- the 

14    worst in the nation.  

15                 So before you think twice about 

16    cracking down on a small local government because 

17    they want to have an occupancy tax, think about 

18    the actions we take here every day.  

19                 I proudly vote aye.  Thank you.  

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Borrello to be recorded in the affirmative.

22                 Senator Lanza to explain his vote.

23                 SENATOR LANZA:   Mr. President, to 

24    explain my vote.  I'm voting no.  

25                 I agree with my colleague and friend 


                                                               4089

 1    with respect to the mandates that we place on 

 2    local governments here in the state.

 3                 I think my vote is far from 

 4    hypocritical.  I've learned a lot, especially if 

 5    you look in history.  If you want to challenge a 

 6    system that you think is broken -- and I believe 

 7    the tax system in New York State and New York 

 8    City is broken, and it is punitive and it is 

 9    nonsensical and it is arbitrary and it is hurting 

10    the economy viability of this state, it is 

11    driving families and businesses away from this 

12    state.  

13                 So I agree with my colleague that 

14    when you look at these small taxes, whether it's 

15    a hotel tax or a mortgage recording tax -- which 

16    is the most bizarre tax of all, a recording tax 

17    for getting a mortgage.  You're borrowing money 

18    because you don't have it, and the state says, 

19    Oh, that person doesn't have enough money to buy 

20    a house, they just got a check, we want a piece.  

21    It's like the mob.  It's ridiculous.  

22                 So I vote against all of these, 

23    including my hometown, New York City -- whether 

24    it's the sales tax extenders, whether it's the 

25    recording tax.  And I do it because I've learned, 


                                                               4090

 1    especially from some of my friends on the left -- 

 2    and I'm looking at Senator Ramos -- that 

 3    sometimes you need to agitate and you need to 

 4    challenge and you need to break down the system 

 5    if you're going to remake it in a way that 

 6    actually makes sense.

 7                 So I vote no.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Lanza to be recorded in the negative.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 964, those Senators voting in the 

13    negative are Senators Brooks, Gaughran, Hinchey, 

14    Kaplan, Lanza, Mannion, Oberacker, Palumbo, 

15    Skoufis and Thomas.

16                 Ayes, 51.  Nays, 10.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    965, Senate Print 8905, by Senator May, an act to 

21    amend Chapter 332 of the Laws of 2019.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               4091

 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 965, those Senators voting in the 

 8    negative are Senators Brooks, Gaughran, Harckham, 

 9    Hinchey, Kaplan, Lanza, Mannion, Oberacker, 

10    Palumbo, Skoufis and Thomas.

11                 Ayes, 50.  Nays, 11.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1005, Senate Print Number 3991C, by 

16    Senator Reichlin-Melnick, an act to amend the 

17    Retirement and Social Security Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 8.  This 

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

22    shall have become a law.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4092

 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    1027, Senate Print 8391, by Senator Thomas, an 

 8    act to amend the General Business Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect July 1, 2023.

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 1027, voting in the negative:  

20    Senator Martucci.

21                 Ayes, 60.  Nays, 1. 

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1043, Senate Print 7641A, by Senator Stec, an act 


                                                               4093

 1    to amend the Town Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 61.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1084, Assembly Print Number 9598, by 

16    Assemblymember Joyner, an act to amend the 

17    Labor 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 


                                                               4094

 1    Ramos to explain her vote.

 2                 SENATOR RAMOS:   Thank you, 

 3    Mr. President.

 4                 You know, I truly do believe that 

 5    New York's climate future is one that puts green 

 6    union jobs first.  And as stewards of labor 

 7    standards, it's critical that the Legislature 

 8    enact and defend prevailing wages on critical 

 9    infrastructure.

10                 What we're doing with this bill is 

11    actually lowering the megawatt requirement to 

12    make more projects eligible for a prevailing 

13    wage.  Because it's hard to think of 

14    infrastructure that is more existentially 

15    critical at this moment than renewable energy 

16    systems.  

17                 This body has done an amazing job of 

18    addressing our climate crisis head-on, passing 

19    the CLCPA, which centers a just transition 

20    focused on clean jobs for New Yorkers.  And so 

21    prioritizing good jobs and frontline climate 

22    communities are not mutually exclusive goals.  

23    Ensuring a prevailing wage is a fight for both 

24    communities.  This is what -- the 

25    intersectionality that so many of us talk about.  


                                                               4095

 1    That's why our enacted budget locked a prevailing 

 2    wage in for the Environmental Bond Act.  It's why 

 3    I fight for prevailing wages for construction 

 4    workers every step of the way.  

 5                 So I vote in the affirmative, 

 6    Mr. President.  

 7                 And I do want to take advantage of 

 8    having the floor to thank Senator Lanza for 

 9    shouting me out.  You know, I'm hoping that he 

10    makes it up to me by signing a buck slip for the 

11    Warehouse Worker Protection Act in making sure 

12    that -- you know, you do happen to represent the 

13    Amazon warehouse with the greatest number of 

14    injuries across our entire state.  

15                 And I would hope that you can read 

16    the bill, consider it, and hopefully we can count 

17    on you as a cosponsor so we can keep all workers 

18    safe.

19                 Thank you.

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Ramos to be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1084, those Senators voting in the 

25    negative are Senators Borrello, Jordan, Serino 


                                                               4096

 1    and Tedisco.

 2                 Ayes, 57.  Nays, 4.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1086, Senate Print 7263A, by Senator Liu, an act 

 7    to amend the Insurance Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect on the first of January.  

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    1092, Senate Print 6746A, by Senator Harckham, an 

22    act to amend the Mental Hygiene Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4097

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

 2    shall have become a law.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1097, Senate Print 8708A, by Senator Mannion, an 

13    act to amend the Public Health Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  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 1097, those Senators voting in the 

25    negative are Senators Borrello, Gallivan, Griffo, 


                                                               4098

 1    Helming and Ortt.

 2                 Ayes, 56.  Nays, 5.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1129, Senate Print 2291, by Senator Sanders, an 

 7    act requiring the State University of New York 

 8    and the City University of New York to examine 

 9    and conduct a study on the availability of campus 

10    services.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 4.  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    1130, Senate Print 2680A, by Senator Addabbo, an 

25    act to amend the Education Law.


                                                               4099

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect on the first of July.

 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    1132, Senate Print 3945, by Senator Kennedy, an 

15    act to amend the Public Housing Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect on the 120th 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.


                                                               4100

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1133, Senate Print Number 4069A, by 

 6    Senator Addabbo, an act to amend the Tax Law and 

 7    the State Finance Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  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    1165, Senate Print 547, by Senator Mayer, an act 

22    to amend the Education Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4101

 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    1167, Senate Print 1626, by Senator Skoufis, an 

12    act to amend the Education Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

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

17    shall have become a law.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 61.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               4102

 1                 THE SECRETARY:   Calendar Number 

 2    1180, Assembly Print Number 7425, by 

 3    Assemblymember Abbate, an act to amend the 

 4    Estates, Powers and Trusts 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    1181, Assembly Print Number 7426, by 

19    Assemblymember Abbate, an act to amend the 

20    Estates, Powers and Trusts 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 


                                                               4103

 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                 THE SECRETARY:   Calendar Number 

 9    1182, Assembly Print Number 6165A, by 

10    Assemblymember Epstein, an act to amend the 

11    Real Property Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect on the 60th 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 Number 1182, voting in the negative:  

24    Senator Ortt.

25                 Ayes, 60.  Nays, 1.


                                                               4104

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1184, Senate Print 8803, by Senator Mayer, 

 5    Concurrent Resolution of the Senate and Assembly 

 6    proposing an amendment to Section 4 of Article 8 

 7    of the Constitution.

 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 1184, those Senators voting in 

19    the negative are Senators Borrello, Jordan and 

20    Lanza.  Also Senators Akshar and Griffo.

21                 Ayes, 56.  Nays, 5.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1191, Assembly Print Number 8449, by 


                                                               4105

 1    Assemblymember Paulin, an act to amend the 

 2    Business Corporation Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect two years after it shall 

 7    have become a law.

 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 1191, those Senators voting in the 

15    negative are Senators Akshar, Borrello, Gallivan, 

16    Griffo, Helming, Jordan, Lanza, Martucci, 

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

18    Ritchie, Serino, Stec, Tedisco and Weik.

19                 Ayes, 42.  Nays, 19.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1198, Assembly Print Number 9977, by 

24    Assemblymember Paulin, an act to amend the 

25    Not-For-Profit Corporation Law.


                                                               4106

 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    1201, Assembly Print Number 5832A, by 

15    Assemblymember Buttenschon, an act to amend the 

16    Military Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  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:   Announce 


                                                               4107

 1    the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1203, Senate Print 1504, by Senator Hoylman, an 

 7    act to amend the Business Corporation Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

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

12    shall have become a law.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 61.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1204, Assembly Print Number 3913B, by 

23    Assemblymember McMahon, an act to amend the 

24    Labor Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               4108

 1    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                 THE SECRETARY:   Calendar Number 

13    1211, Senate Print 4448, by Senator Griffo, an 

14    act to amend the Highway Law.

15                 ACTING PRESIDENT BAILEY:   There is 

16    a home-rule message at the desk.

17                 Read the last section.

18                 THE SECRETARY:   Section 4.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               4109

 1    Calendar Number 1211, voting in the negative:  

 2    Senator Skoufis.  

 3                 Ayes, 60.  Nays, 1.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1212, Assembly Print Number 7889A, by 

 8    Assemblymember Gottfried, an act to amend the 

 9    Public Health Law and the 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:   Ayes, 61.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1248, Senate Print 8859, by Senator Brooks, an 

24    act in relation to authorizing the State 

25    University of New York at Farmingdale to lease 


                                                               4110

 1    certain lands to the Farmingdale State 

 2    Development Corporation.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 15.  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    1270, Senate Print 3953B, by Senator Kennedy, an 

17    act to amend the Railroad Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

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

22    shall have become a law.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4111

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Borrello to explain his vote.

 3                 SENATOR BORRELLO:   Thank you, 

 4    Mr. President.

 5                 No offense to the sponsor here, but 

 6    I was incorrectly added as a cosponsor of this 

 7    bill, so I just wanted to note for the record 

 8    that I am not a cosponsor and in fact I'm voting 

 9    no on this particular bill.  

10                 While I understand the nature of 

11    this bill to try to create some safety, it is a 

12    burden on our local railroad carriers, two of 

13    which I have in my district that are already 

14    struggling to deliver freight to areas where 

15    major railroads cannot deliver.  

16                 So it's an important supply chain 

17    issue that we ensure that these railroads are 

18    able to operate profitably so they can continue 

19    to serve manufacturing in particular in my 

20    district and many other districts in New York 

21    State.  

22                 So I vote no.  Thank you.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Borrello to be recorded in the negative.

25                 Announce the results.


                                                               4112

 1                 THE SECRETARY:   In relation to 

 2    Calendar 1270, those Senators voting in the 

 3    negative are Senators Akshar, Borrello, Griffo, 

 4    Helming, Jordan, Martucci, Mattera, Oberacker, 

 5    O'Mara, Ortt, Serino, Tedisco and Weik.

 6                 Ayes, 48.  Nays, 13.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1283, Senate Print 8939, by Senator Mayer, an act 

11    to amend the Vehicle and Traffic Law.

12                 ACTING PRESIDENT BAILEY:   There is 

13    a home-rule message at the desk.

14                 Read the last section.

15                 THE SECRETARY:   Section 3.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 1283, those Senators voting in the 

24    negative are Senators Serino and Skoufis.  Also 

25    Senator Palumbo.


                                                               4113

 1                 Ayes, 58.  Nays, 3.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1310, Assembly Print Number 9716A, by 

 6    Assemblymember Galef, an act to amend the 

 7    Agriculture and Markets 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    1311, Assembly Print Number 9296, by 

22    Assemblymember McDonald, an act to amend the 

23    Agriculture and Markets Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               4114

 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    1317, Assembly Print Number 831A, by 

13    Assemblymember Paulin, an act to amend the 

14    Election 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 Number 1317, voting in the negative:  


                                                               4115

 1    Senator Martucci.  

 2                 Ayes, 60.  Nays, 1.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1332, Assembly Print Number 273, by 

 7    Assemblymember Gottfried, 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:   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 1332, voting in the negative:  

20    Senator Ryan.

21                 Ayes, 60.  Nays, 1.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1333, Senate Print 4685, by Senator Rivera, an 


                                                               4116

 1    act to amend the Public Health Law and the 

 2    Surrogate's Court Procedure Act.

 3                 SENATOR GIANARIS:   Lay it aside for 

 4    the day.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    will be laid aside for the day.

 7                 THE SECRETARY:   Calendar Number 

 8    1355, Senate Print 1373, by Senator Brooks, an 

 9    act to amend the Domestic Relations Law and the 

10    Family Court Act.

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:   Ayes, 61.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1357, Senate Print 4532, by Senator Brouk, an act 

25    to amend the Public Health Law.


                                                               4117

 1                 SENATOR LANZA:   Lay it aside.

 2                 ACTING PRESIDENT BAILEY:   Lay it 

 3    aside.  

 4                 THE SECRETARY:   Calendar Number 

 5    1359, Assembly Print Number 7923A, by 

 6    Assemblymember Ashby, an act to amend the 

 7    Highway 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:   Senator 

16    Jordan to explain her vote.

17                 SENATOR JORDAN:   Mr. President, I 

18    rise to explain my vote.  

19                 My bipartisan bill before us amends 

20    the State Highway Law designating a portion of 

21    the state highway system as the Rensselaer County 

22    Purple Heart Highway.  

23                 Mr. President, there are thousands 

24    of people from the State of New York who made the 

25    brave choice to serve and defend our great 


                                                               4118

 1    nation, a choice which necessarily includes 

 2    putting one's own body and life on the line.  The 

 3    Purple Heart decoration was established for 

 4    members of our armed forces that made a grave 

 5    sacrifice, the ultimate sacrifice, or being 

 6    wounded.

 7                 A recent estimate indicates that 

 8    there are almost 3,000 living Purple Heart 

 9    recipients in New York State.  

10                 Since its establishment in 1932, 

11    many towns and localities have designated 

12    themselves as Purple Heart locations, signifying 

13    that their community honors and understands the 

14    sacrifices that these heroes made on behalf of 

15    our country.

16                 In honor of these heroes, my 

17    legislation renames State Route 43, which begins 

18    at the border of Massachusetts just east of 

19    Stephentown, and ends at the intersection of I-90 

20    in North Greenbush, as Rensselaer County Purple 

21    Heart Highway.  Each of the four towns along 

22    Route 43 has passed resolutions becoming Purple 

23    Heart towns.  And my bill will enhance the honor 

24    and respect that Rensselaer County and New York 

25    State shows to Purple Heart veterans as well as 


                                                               4119

 1    those killed in action.

 2                 Within my district, all of my 

 3    60 towns, villages and cities are now Purple 

 4    Heart communities, and all four counties -- 

 5    Saratoga, Rensselaer, Washington and Columbia -- 

 6    have successfully passed local resolutions to 

 7    become Purple Heart counties.

 8                 In addition, out of the 62 counties 

 9    in New York State, more than 40 are now 

10    Purple Heart communities, and several more have 

11    the designation pending.

12                 Several other areas throughout the 

13    state, including universities, buildings, trails, 

14    and highways have been renamed with the 

15    Purple Heart designation.  

16                 And on April 27th, my bipartisan 

17    legislation to establish New York State as a 

18    Purple Heart State passed with overwhelming 

19    support by a vote of 62 to zero.  

20                 Mr. President and my colleagues, 

21    with Memorial Day this coming Monday, when we 

22    remember and reflect and honor our military 

23    heroes who made the ultimate sacrifice in defense 

24    of our freedom and nation, honoring our Purple 

25    Heart heroes is more important than ever.


                                                               4120

 1                 I'm grateful for my colleagues' 

 2    support of my legislation and this important 

 3    bipartisan effort to continue recognizing 

 4    Purple Heart heroes.  

 5                 I vote aye.  Thank you.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Jordan to be recorded in the affirmative.

 8                 Announce the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar Number 1359, voting in the negative:  

11    Senator Brisport.

12                 Ayes, 60.  Nays, 1.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1391, Senate Print 9037, by Senator Brooks, an 

17    act to amend the Civil Service 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 


                                                               4121

 1    the results.

 2                 THE SECRETARY:   Ayes, 61.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1394, Assembly Print Number 9281, by 

 7    Assemblymember Glick, an act to amend the 

 8    State Finance 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    1395, Assembly Print Number 10223, by the 

23    Assembly Committee on Rules, an act to amend the 

24    Public Authorities Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               4122

 1    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:   In relation to 

10    Calendar Number 1395, voting in the negative:  

11    Senator Martucci.  

12                 Ayes, 60.  Nays, 1.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1396, Assembly Print Number 3582A, by 

17    Assemblymember Hunter, an act to amend 

18    Chapter 266 of the Laws of 1981.

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.)


                                                               4123

 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    1400, Assembly Print Number 9772, by 

 8    Assemblymember Zebrowski, an act to amend the 

 9    Real Property Tax 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:   Ayes, 61.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1418, Senate Print 293A, by Senator Myrie, an act 

24    to amend the Tax Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               4124

 1    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                 THE SECRETARY:   Calendar Number 

13    1420, Assembly Print Number 1905, by 

14    Assemblymember Dinowitz, an act to amend the 

15    Executive Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect on the 30th 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.


                                                               4125

 1                 THE SECRETARY:   Ayes, 61.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1422, Senate Print 2620, by Senator Jackson, an 

 6    act to amend the Mental Hygiene Law and the 

 7    Education Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  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:   Senator 

16    Jackson to explain his vote.

17                 SENATOR JACKSON:   Thank you, 

18    Mr. President.

19                 I rise this afternoon to speak in 

20    support of my bill, S2620.  

21                 During the last several years, it 

22    has become increasingly difficult for the Office 

23    for People with Developmental Disabilities and 

24    local not-for-profit providers contracted with 

25    OPWDD to recruit and retain direct service 


                                                               4126

 1    professionals and related middle-management 

 2    personnel.

 3                 This legislation creates a career 

 4    ladder for employees to address the difficulty 

 5    New York State and providers serving people with 

 6    developmental disabilities have in recruiting and 

 7    retaining direct support professionals.

 8                 The difficulty is particularly true 

 9    for young people, who are hard-pressed to pursue 

10    a career and an education while employed in such 

11    critically important services.  Family life, 

12    career development and other personal 

13    responsibilities limit one's ability to take 

14    demanding jobs like direct service professionals, 

15    who need special training in light of the 

16    life-threatening situations they are confronted 

17    with.  

18                 This legislation attempts to provide 

19    some direct help by focusing on education.  This 

20    bill requires the commissioner of OPWDD, in 

21    cooperation with SUNY, to develop a Tuition 

22    Assistance Program, direct service professionals 

23    credit, and career ladder tuition assistance 

24    grant program that will develop training and 

25    improve existing workforce development for those 


                                                               4127

 1    working with individuals with developmental 

 2    disabilities.

 3                 This should help OPWDD and their 

 4    providers to recruit people who want to attend 

 5    college but are unable to do so while working 

 6    low-paying direct service professional jobs.  It 

 7    would also allow employees to expand their 

 8    careers as they develop their education and skill 

 9    set.

10                 This legislation, Mr. President, 

11    will encourage individuals to go into this work 

12    while providing OPWDD with a skilled workforce.  

13    For these reasons, I ask my colleagues today to 

14    please join me in voting aye on this critical 

15    piece of legislation.

16                 Thank you.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Jackson to be recorded in the affirmative.

19                 Announce the results.

20                 THE SECRETARY:   Ayes, 61.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1430, Senate Print 6870B, by Senator Addabbo, an 

25    act to amend the Agriculture and Markets Law.


                                                               4128

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 10.  This 

 4    act shall take effect three years after it shall 

 5    have become a law.

 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    1431, Senate Print 6887, by Senator Cooney, an 

16    act to amend the Vehicle and Traffic Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  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.


                                                               4129

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 1431, those Senators voting in 

 3    the negative are Senators Borrello, Gallivan, 

 4    Helming, Jordan, Lanza, Mattera, O'Mara, Ortt, 

 5    Palumbo, Rath, Serino, Tedisco and Weik.  

 6                 Ayes, 48.  Nays, 13.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1432, Senate Print 6980B, by Senator Gounardes, 

11    an act to amend the Retirement and 

12    Social Security Law.

13                 ACTING PRESIDENT BAILEY:   There is 

14    a home-rule message at the desk.

15                 Read the 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.


                                                               4130

 1                 THE SECRETARY:   Calendar Number 

 2    1433, Senate Print Number 6988B, by 

 3    Senator Gounardes, an act to amend the 

 4    Retirement and Social Security Law.

 5                 ACTING PRESIDENT BAILEY:   There is 

 6    a home-rule message at the desk.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 12.  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:   Senator 

14    Lanza to explain his vote.

15                 SENATOR LANZA:   Mr. President, in 

16    voting aye on this piece of legislation, I just 

17    want to thank the members of the Fire Protection 

18    Inspectors Union, of whom we have some members in 

19    the gallery.  

20                 And I just want to use this 

21    opportunity to thank them for the service, the 

22    critically important service they provide to our 

23    state and my city every single day of the year.  

24                 So thank you to them.  I vote aye.

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               4131

 1    Lanza to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 61.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1435, Assembly Print Number 7728A, by 

 8    Assemblymember Stern, an act to amend the 

 9    State Finance 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:   Ayes, 61.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1439, Assembly Print Number 9594A, by 

24    Assemblymember Paulin, an act to amend the 

25    Executive Law.


                                                               4132

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

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

 5    shall have become a law.

 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    1442, Assembly Print Number 8881A, by 

16    Assemblymember Wallace, an act to amend the 

17    Public Health Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

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

22    shall have become a law.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4133

 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    1443, Assembly Print Number 10001B, by 

 8    Assemblymember Cunningham, an act in relation to 

 9    directing the Department of Environmental 

10    Conservation, in conjunction with the 

11    Environmental Justice Interagency Coordinating 

12    Council and the Climate Justice Working Group, to 

13    conduct a study on the impacts of the urban heat 

14    island effect on disadvantaged communities.

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 Number 1443, voting in the negative:  


                                                               4134

 1    Senator Akshar.

 2                 Ayes, 60.  Nays, 1. 

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1444, Senate Print 8475, by Senator Harckham, an 

 7    act to amend the Military Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

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

12    shall have become a law.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 1444, 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    1445, Senate Print 8476, by Senator Harckham, an 


                                                               4135

 1    act to amend the Military Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect on the 120th 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:   In relation to 

13    Calendar Number 1445, voting in the negative:  

14    Senator Brisport.

15                 Ayes, 60.  Nays, 1.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1446, Assembly Print Number 9529, by 

20    Assemblymember Ramos, an act in relation to 

21    authorizing the assessor of the Town of Islip, 

22    County of Suffolk, to accept an application for 

23    exemption from real property taxes.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               4136

 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:   In relation to 

 9    Calendar Number 1446, those Senators voting in 

10    the negative are Senators Akshar and O'Mara.

11                 Ayes, 59.  Nays, 2.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1447, Senate Print 8633A, by Senator Comrie, an 

16    act to amend the Public Health Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect on the 120th 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:   Announce 


                                                               4137

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1447, voting in the negative:  

 4    Senator Martucci.

 5                 Ayes, 60.  Nays, 1. 

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1448, Senate Print 8644, by Senator Savino, an 

10    act to amend the Education Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect July 1, 2023.

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    1449, Senate Print 8649, by Senator Parker, an 

25    act to amend the Environmental Conservation Law.


                                                               4138

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

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

 5    shall have become a law.

 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 1449, voting in the negative:  

13    Senator Martucci.

14                 Ayes, 60.  Nays, 1.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1450, Assembly Print Number 8418A, by 

19    Assemblymember Cruz, an act to require the 

20    New York State Energy Research and Development 

21    Authority to develop recommendations regarding 

22    the establishment of microgrids.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4139

 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    1451, Assembly Print Number 9493A, by 

12    Assemblymember Stern, an act to amend the 

13    Banking Law and the Executive Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 4.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               4140

 1    is passed.  

 2                 THE SECRETARY:   Calendar Number 

 3    1452, Assembly Print Number 9494, by the 

 4    Assembly Committee on Rules, an act to amend the 

 5    Nassau County Civil Divisions Act.

 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    1453, Assembly Print Number 9590, by 

20    Assemblymember Barrett, an act to amend the 

21    Executive Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect one year after it shall 


                                                               4141

 1    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:   Ayes, 61.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1455, Senate Print 8786, by Senator Cleare, 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:   Senator 

21    Cleare to explain her vote.

22                 SENATOR CLEARE:   Thank you, 

23    Mr. President.

24                 One of the critical pieces of 

25    information we've learned from listening to 


                                                               4142

 1    experts, advocates and survivors of human 

 2    trafficking is that a tremendous amount of 

 3    victims are recruited via social media.  

 4                 This connection is demonstrable when 

 5    you consider the following facts.  According to 

 6    the Human Trafficking Institute's 2020 report, 

 7    from 2000 to 2020 at least 30 percent of sex 

 8    trafficking victims were recruited online.  In 

 9    2020 alone, at least 41 percent of victims were 

10    recruited online.  Online solicitation accounted 

11    for 81 percent of all federal sex trafficking 

12    prosecutions filed since 2000.

13                 We have focused this session on 

14    eradicating human trafficking through a number of 

15    pipelines, such as transportation centers, and 

16    today we turn our proactive efforts to ending 

17    human trafficking at its most emergent source:  

18    social media.

19                 This bill will require the New York 

20    State Interagency Task Force on Human 

21    Trafficking, which has existed since 2007, to 

22    investigate the connections between social media 

23    and human trafficking and issue an actionable 

24    report thereon.

25                 It is believed that a multi-agency 


                                                               4143

 1    and multidisciplinary report will give us a 

 2    comprehensive blueprint to not only fight but 

 3    stop human trafficking through social media.

 4                 Thank you.

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Cleare to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1456, Assembly Print Number 9774, by 

13    Assemblymember Englebright, an act in relation to 

14    authorizing Tu Vien Truc Lam Buddhist Central, 

15    Inc., to file an application for certain real 

16    property tax exemptions.  

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.


                                                               4144

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 1456, voting in the negative:  

 3    Senators Akshar and O'Mara.

 4                 Ayes, 59.  Nays, 2.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1457, Assembly Print Number 9959, by 

 9    Assemblymember Burdick, an act to incorporate the 

10    Croton Falls Volunteer Fire Department Benevolent 

11    Association, and providing for its powers and 

12    duties.

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 


                                                               4145

 1    1461, Assembly Print Number 9974, by 

 2    Assemblymember Gottfried, an act to amend the 

 3    Public Health Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

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

 8    shall have become a law.

 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:   In relation to 

15    Calendar Number 1461, voting in the negative:  

16    Senator Martucci.

17                 Ayes, 60.  Nays, 1.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1462, Assembly Print Number 10119, by 

22    Assemblymember Thiele, an act in relation to 

23    authorizing the assessor of the Town of 

24    Brookhaven, County of Suffolk, to accept from the 

25    First Baptist Church an application for exemption 


                                                               4146

 1    from real property taxes.

 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 1462, voting in the negative:  

13    Senators Akshar and O'Mara.

14                 Ayes, 59.  Nays, 2.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1463, Assembly Print Number 10004, by 

19    Assemblymember Woerner, an act to amend the 

20    Public Officers 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 


                                                               4147

 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                 THE SECRETARY:   Calendar Number 

 9    1464, Assembly Print Number 10146, by the 

10    Assembly Committee on Rules, an act to amend the 

11    Public Lands 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 Number 1464, voting in the negative:  

23    Senator Brisport.  

24                 Ayes, 60.  Nays, 1.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               4148

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1466, Assembly Print Number 9950, by 

 4    Assemblymember Gunther, an act to amend the 

 5    Mental Hygiene 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    1468, Assembly Print Number 9938, by 

20    Assemblymember Thiele, an act to amend the 

21    Environmental Conservation Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 3.  This 

25    act shall take effect immediately.


                                                               4149

 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    1473, Senate Print 9325, by 

11    Senator Stewart-Cousins, an act authorizing the 

12    alienation of certain parklands in the Town of 

13    Greenburgh, in the County of Westchester.

14                 ACTING PRESIDENT BAILEY:   There is 

15    a home-rule message at the desk.

16                 Read the last section.

17                 THE SECRETARY:   Section 7.  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:   Ayes, 61.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               4150

 1    is passed.

 2                 Senator Gianaris, that completes the 

 3    reading of today's calendar.

 4                 SENATOR GIANARIS:   Let's move on to 

 5    the controversial calendar, please.  

 6                 ACTING PRESIDENT BAILEY:   The 

 7    Secretary will ring the bell.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    131, Senate Print 933C, by Senator Gianaris, an 

11    act to amend the General Business Law.

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Borrello, why do you rise?

14                 SENATOR BORRELLO:   Mr. President, 

15    would the sponsor yield for a question.

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield?

18                 SENATOR GIANARIS:   Should I yield, 

19    Senator Borrello?  I guess I will yield.

20                 I will yield to Senator Borrello.

21                 (Laughter.)

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor will yield to Senator Borrello.

24                 SENATOR BORRELLO:   Thank you, 

25    Mr. President.  Thank you, Senator Gianaris, for 


                                                               4151

 1    generously yielding.  I appreciate that.

 2                 I understand the purpose of this 

 3    bill.  We want to keep people from becoming 

 4    monopolistic.  And I think that's been a focus 

 5    for our nation for a long time, going back to the 

 6    Sherman Act.  

 7                 But here in New York State, 

 8    obviously, I'm concerned because anytime we go 

 9    beyond what other states do, that puts us in a 

10    precarious position in a number of ways.  

11                 But the first question I have for 

12    you is the purpose of this is to stop someone who 

13    has market dominance from abusing that market 

14    dominance.  I get that.  But what I'm concerned 

15    about is you haven't defined what a market is.  

16    How would you define what the size of a market is 

17    or what the geographical area of a market would 

18    be?  

19                 SENATOR GIANARIS:   The approach of 

20    defining a market is unchanged from what it would 

21    be today.  Courts currently define markets for 

22    the existing antitrust laws, and we would change 

23    the standards under which a court would determine 

24    if abuse is taking place or if a particular 

25    corporation is dominant, but the market itself 


                                                               4152

 1    would be defined the same way as exactly today.  

 2                 SENATOR BORRELLO:   Mr. President, 

 3    will the sponsor continue to yield?

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR GIANARIS:   Yes.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.

 9                 SENATOR BORRELLO:   All right, so 

10    just to continue on that, because I still have 

11    concerns.  

12                 I mean, a market could be all of 

13    New York State -- you know, 19 million residents.  

14    It could be New York City.  It could be the Town 

15    of Hanover, where I live, with 7,000 residents.  

16    If you have -- I'm still not understanding how we 

17    currently -- and if we're changing the standards, 

18    how a court would interpret that as a market 

19    size.  It would have to be done through 

20    litigation, most importantly.

21                 SENATOR GIANARIS:   I would submit 

22    to my colleague, Mr. President, that if he is 

23    dissatisfied with the way markets are currently 

24    defined, he should propose legislation to change 

25    that.  


                                                               4153

 1                 This bill does not do that.  However 

 2    markets are currently defined by the courts is 

 3    how they will continue to be defined under this 

 4    proposal.

 5                 SENATOR BORRELLO:   Mr. President, 

 6    will the sponsor continue to yield?

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor continue to yield?

 9                 SENATOR GIANARIS:   Yes.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR BORRELLO:   So what about -- 

13    this bill doesn't seem to have a clear definition 

14    of what dominance is.  Let's say, for example, 

15    one business has a really good quarter.  And 

16    could their competitors then turn around and sue 

17    them if all of a sudden they had 40 percent 

18    market share for one quarter?  

19                 What would be the length of time to 

20    determine what dominance would mean?

21                 SENATOR GIANARIS:   I'm going to 

22    answer your question in a couple of ways.

23                 First of all, the legislation does 

24    provide very specific terms of what would 

25    constitute dominance.  But it also leaves the 


                                                               4154

 1    opportunity for indirect evidence of dominance.  

 2    I think that's what you're specifically asking 

 3    about.  

 4                 It also allows for the 

 5    Attorney General's office to supplement this 

 6    legislation with regulations that the Legislature 

 7    would have oversight over.  And so there would be 

 8    more specificity by the regulators in the 

 9    Attorney General's office as to specific examples 

10    to give the marketplace more certainty.  

11                 But I will point out that, yes, we 

12    are changing the standard because it needs 

13    changing.  The laws have been in place for over a 

14    hundred years, I think as you pointed out.  And 

15    most would agree that our current economy, which 

16    is new and innovative in a lot of ways, has run 

17    amuck where you have very few very large dominant 

18    players squeezing out the competition.  

19                 And so much like was the case a 

20    hundred years ago when antitrust was a new area 

21    in this country, over time regulators and the 

22    courts provide certainty and definition.  We 

23    provide the parameters here of what is 

24    impermissible.  The Attorney General puts some 

25    meat on the bones through regulation.  And then 


                                                               4155

 1    ultimately the courts will decide on a 

 2    case-by-case basis what violates the law and what 

 3    doesn't.

 4                 SENATOR BORRELLO:   Mr. President, 

 5    will the sponsor continue to yield.

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor continue to yield?

 8                 SENATOR GIANARIS:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.

11                 SENATOR BORRELLO:   Through you, 

12    Mr. President.  I know that you had -- your -- 

13    you seem confident that this won't attack small 

14    and medium-sized businesses, this is focused on 

15    large businesses.  And I understand what you're 

16    saying in the nature of how business has changed, 

17    and there is dominance of big players.  

18                 But there's really nothing to 

19    guarantee that this bill wouldn't target small 

20    businesses.  And I bring that up because I'm 

21    concerned about the private right of action.  you 

22    know, private right of action is that -- you 

23    know, is that dog whistle that's going to allow 

24    essentially class action lawsuits.  And a class 

25    action lawsuit could target small businesses in a 


                                                               4156

 1    small market.

 2                 So what could we do to truly protect 

 3    small and medium-sized businesses?  

 4                 SENATOR GIANARIS:   Well, it's an 

 5    ironic question because the legislation itself is 

 6    the greatest protector of small and medium-sized 

 7    businesses.  They are the ones who are being hurt 

 8    the most by the large players.

 9                 Which is why we have the support for 

10    this bill of a number of small and medium-sized 

11    businesses, including very prominent ones -- like 

12    Yelp, for example, has been a big booster of this 

13    approach.  Why?  Because the big tech companies 

14    are completely suffocating the small and 

15    medium-sized players to the point where they 

16    can't operate and they can't succeed.

17                 And so the bill itself -- you ask 

18    what's in here to protect small and medium-sized 

19    businesses?  The entire bill is the answer to 

20    your question.  That is the purpose of it.

21                 But more specifically, just because 

22    I know you're going to try and clarify your 

23    question -- more specifically, the bill requires 

24    evidence, either direct evidence of dominance in 

25    a marketplace or indirect evidence, which 


                                                               4157

 1    requires greater than a 40 percent market share.  

 2    Small and medium-sized businesses are not going 

 3    to get caught up in that standard.

 4                 SENATOR BORRELLO:   Mr. President, 

 5    will the sponsor continue to yield.

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor continue to yield?

 8                 SENATOR GIANARIS:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.  

11                 SENATOR BORRELLO:   Well, I might 

12    challenge that, that small businesses won't get 

13    caught up in that.  

14                 Let's just use, for example -- where 

15    I live we have small chains of gas stations.  And 

16    they often do dominate a small area because 

17    they're able to provide a consistent high-quality 

18    product, and many of them act as the only 

19    convenience store in an area, the only gas 

20    station supply, the only place that you can, you 

21    know, get air to put in your tires when you need 

22    it.  That happens often.  

23                 And they could very easily -- for 

24    example, let's just say you were an independent 

25    gasoline station owner and you had maybe four or 


                                                               4158

 1    five locations, you could very easily be 

 2    dominating the market.  Now, would that invite a 

 3    class action lawsuit?  

 4                 And why I'm concerned is I'm not 

 5    really concerned about one gas station owner 

 6    suing another gas station owner.  I am concerned 

 7    about predatory law firms that love to deal in 

 8    the whole class action lawsuit saying, here, 

 9    we're going to go after all these small gas 

10    station owners across New York State, and we're 

11    going to sue them for breach of this antitrust 

12    law.

13                 How can we prevent that from 

14    happening?  

15                 SENATOR GIANARIS:   Of course those 

16    suits would be frivolous and no court would take 

17    them seriously.  

18                 Just as if someone tried to bring an 

19    action against a gas station in that circumstance 

20    currently, under the current anti-monopoly laws, 

21    that would not stand.  Because back to your 

22    original question, we are not changing the way a 

23    market is defined.  Currently a market would not 

24    be defined as the one gas station in a small 

25    town.  And that would not change under this 


                                                               4159

 1    proposal.  

 2                 I should also point out more 

 3    specifically what I said earlier, which is the 

 4    bill requires the Attorney General to issue 

 5    guidance and regulations as to how market shares 

 6    will be specifically interpreted and what market 

 7    conditions would allow for an abuse of dominance 

 8    claim to be brought, so there would be greater 

 9    certainty.  And it's not just the Attorney 

10    General doing it, the Legislature would have 

11    oversight of the Attorney General's regulations.

12                 SENATOR BORRELLO:   Mr. President, 

13    will the sponsor continue to yield.

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor continue to yield?

16                 SENATOR GIANARIS:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.

19                 SENATOR BORRELLO:   This is what I 

20    believe to be my final question.  

21                 You mentioned the Attorney General 

22    kind of setting up the rules of engagement here 

23    on this.  But as happens often in class action 

24    lawsuits, there is often never a victim to 

25    produce, an actual person who's been harmed by 


                                                               4160

 1    the law.  Yet you still have class action 

 2    lawsuits.  

 3                 Would the AG's office be able to 

 4    determine that a business is in violation of this 

 5    law and should be penalized if there has never 

 6    been an actual consumer that you could prove to 

 7    actually be harmed?  

 8                 SENATOR GIANARIS:   Well, I should 

 9    also point out that you can have businesses that 

10    are harmed by anticompetitive behavior, and that 

11    would be something that the proposal is intended 

12    to deal with.

13                 SENATOR BORRELLO:   So any victim.

14                 SENATOR GIANARIS:   Yeah.

15                 But no, the whole idea is there 

16    would need to be -- I'm trying to find the 

17    examples of direct evidence which clearly have a 

18    victim.  

19                 But it says here "the unilateral 

20    power to set prices, terms, conditions and 

21    standards; the unilateral power to dictate 

22    non-price contractual terms without compensation, 

23    or other evidence that a person is not 

24    constrained by meaningful competitive pressures."  

25                 Those behaviors in and of themselves 


                                                               4161

 1    will inevitably result in victimization.

 2                 SENATOR BORRELLO:   Mr. President, 

 3    on the bill.

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Borrello on the bill.

 6                 SENATOR BORRELLO:   Senator 

 7    Gianaris, thank you very much.  

 8                 And I will add that I am not 

 9    completely opposed to what you're trying to do 

10    here, but I am concerned whenever New York State 

11    gets into this business.  

12                 And it's a little bit personal for 

13    me.  When I was in business my company was the 

14    victim of a class -- a frivolous class action 

15    lawsuit.  The State of California has something 

16    called Prop 65, Proposition 65, which is 

17    essentially anytime, for any reason, the State of 

18    California can add a chemical to this list -- and 

19    there's literally thousands of chemicals on this 

20    list.  

21                 And what it is, it has created a 

22    series of bounty hunters, legal bounty hunters 

23    throughout the state of California.  And once a 

24    new chemical is added to the list, they go out 

25    and they start knocking down businesses' doors.  


                                                               4162

 1    And they bring class action lawsuits.  And they 

 2    get huge settlements.  

 3                 And the State of California is a 

 4    willing accomplice in Prop 65 lawsuits because 

 5    they get a cut, they get a piece of the action.  

 6    They get a cut.  

 7                 It has put companies out of 

 8    business, it's bankrupted them, it's stopping 

 9    companies from actually providing products to the 

10    State of California, in some cases life-saving 

11    medical products that are no longer sold in the 

12    State of California thanks to Prop 65.  

13                 That's what I'm concerned about 

14    here.  Because you would -- despite what 

15    Senator Gianaris said, you could have someone 

16    say, you know what, there's a whole group of gas 

17    station owners in rural New York State that have 

18    dominated the market because they sell 40 percent 

19    of the gasoline in any given market.  And we're 

20    going to bring a class action lawsuit.  And 

21    someday a couple of years from now I'm going to 

22    get a check in the mail for $1.17.  And that's 

23    your settlement for being a part of that class 

24    action.  

25                 What exactly was the level of harm 


                                                               4163

 1    that I endured that the remedy was $1.17?  Now, 

 2    you guys are laughing because you've all 

 3    experienced that.  We've all gotten those checks 

 4    in the mail, right?  

 5                 That's what this bill 

 6    unintentionally does.  It's going to create a 

 7    whole new group of class action lawsuits where 

 8    we're going to have no real victims but a whole 

 9    lot of money is going to be spent defending that.  

10    And that's my concern.  And it's a genuine 

11    concern, because I personally saw this happen to 

12    not just my company, but many other companies in 

13    the past.  

14                 So Mr. President, with that, I will 

15    be a no on this.  Thank you.

16                 ACTING PRESIDENT BAILEY:   Are there 

17    any other Senators wishing to be heard?  

18                 Seeing and hearing none, debate is 

19    closed.  The Secretary will ring the bell.

20                 Read the 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.)


                                                               4164

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Gianaris to explain his vote.

 6                 SENATOR GIANARIS:   Thank you, 

 7    Mr. President.  

 8                 And I do want to clarify one thing 

 9    in response to Senator Borrello's comments, and 

10    also thank my colleagues for their continued 

11    support of this important proposal, which would 

12    bring dramatic and needed reform to the way we 

13    police our markets in this state.

14                 Senator Borrello talked a lot about 

15    examples of when a particular business might be 

16    considered dominant.  That does not end the 

17    analysis under this proposal.  Being dominant is 

18    not in and of itself a violation of this 

19    proposal.  You also have to be engaged in abusive 

20    behavior as a result of that dominance.  

21                 And so if there's a gas station 

22    that's operating fairly and charging regular 

23    prices and not squeezing other competitors out of 

24    the market unfairly, they can continue to 

25    function and they will not be running afoul of 


                                                               4165

 1    what we're proposing here.  

 2                 So it's not just the dominance, it's 

 3    dominance plus abuse of that dominance, and that 

 4    is also defined in the bill as conduct that 

 5    forecloses or limits the ability or incentive of 

 6    one or more actual competitors to compete, such 

 7    as leveraging a dominant position in one market 

 8    to limit competition in a second one.  

 9                 And that's something we're seeing a 

10    lot of currently, where a company controls a 

11    search engine and also has products that the 

12    search engine points you to, and therefore 

13    competitors don't have a fair opportunity to get 

14    before the same market and the same audience.  

15    That is something that's unregulated in New York 

16    right now, and yet rampant.  

17                 And so we are taking some really 

18    important steps here to upgrade our laws.  They 

19    were necessary a hundred years ago in the 

20    Gilded Age, and they're necessary today for the 

21    new Gilded Age we're under where you have a very 

22    small number of very large companies getting 

23    bigger by the day because their competitors 

24    continue to collapse because of their behavior.

25                 Another very important piece of this 


                                                               4166

 1    bill is that we are also protecting workers.  We 

 2    now have a situation where some of these 

 3    corporations are the only game in town, in some 

 4    small towns.  You're either working at a 

 5    warehouse, doing deliveries, or you don't have a 

 6    job.  And in that circumstance your ability to 

 7    fairly negotiate terms of your employment are 

 8    compromised.  And that's something we would 

 9    engage in regulating here for the first time as 

10    well.

11                 So we're doing a lot of really 

12    important things here.  I can't imagine for the 

13    life of me why anyone would oppose the bill and 

14    defend the most powerful in the world -- the most 

15    powerful entities in the world.  The Evil Empire, 

16    if you will, Senator Borrello, who I know is a 

17    fan of Star Wars.  I'm surprised to see him on 

18    the side of Emperor Palpatine in this situation, 

19    but --

20                 (Laughter.)

21                 SENATOR GIANARIS:   But nonetheless, 

22    you are looking at the most powerful companies in 

23    this world and taking their side against workers, 

24    against small and medium-sized businesses.  And I 

25    can't for the life of me imagine why anyone would 


                                                               4167

 1    want to do that.  Give people a chance, give 

 2    small and medium-sized businesses a chance, give 

 3    workers a chance, and pass this bill.

 4                 Thank you, Mr. President.

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Gianaris to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 131, those Senators voting in the 

10    negative are Senators Akshar, Borrello, Boyle, 

11    Brooks, Cooney, Felder, Gallivan, Griffo, 

12    Helming, Jordan, Kaminsky, Kaplan, Mannion, 

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

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

15    Weik.  

16                 Ayes, 36.  Nays, 25.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1357, Senate Print 4532, by Senator Brouk, an act 

21    to amend the Public Health Law and the 

22    Insurance Law.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Palumbo, why do you rise?

25                 SENATOR PALUMBO:   Thank you, 


                                                               4168

 1    Mr. President.  Would the sponsor yield for a few 

 2    questions, please.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Harckham, in place of Senator Brouk, will you be 

 5    yielding?  

 6                 SENATOR HARCKHAM:   I would be happy 

 7    to.  And thank you for that clarification, that 

 8    the sponsor is actually in Rochester enjoying a 

 9    beautiful baby boy right now.  And so in her 

10    absence, I'm happy to answer a few questions.

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Harckham yields.

13                 SENATOR PALUMBO:   Thank you, Pete.  

14    And we certainly wish the sponsor well.  That's a 

15    beautiful thing.  And congratulations to she and 

16    her family.

17                 So just I guess to maybe start off 

18    the conversation, could you please explain to our 

19    colleagues what the abuse deterrent formulation 

20    is of an actual drug, please?  

21                 SENATOR HARCKHAM:   Through you, 

22    Mr. President.  That's a very good question.  

23                 It's emerging technology, it's 

24    what's called abuse deterrent technology for 

25    opioid pills generally.  


                                                               4169

 1                 And the reason this technology is 

 2    emerging is that folks with substance use 

 3    disorder, opioid use disorder oftentimes will 

 4    crush a pill to snort it or to dissolve it so 

 5    they can inject it, the reason being they get a 

 6    high much stronger and much faster than if they 

 7    absorb the pills.  

 8                 So the FDA is working with a number 

 9    of drug manufacturers on this emerging technology 

10    called abuse deterrent opioid analgesics.

11                 SENATOR PALUMBO:   Will the 

12    gentleman yield for another question, please.  

13    Through you, Mr. President.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Harckham, will you yield?

16                 SENATOR HARCKHAM:   Absolutely.  

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Harckham yields.

19                 SENATOR PALUMBO:   Thank you, 

20    Senator.

21                 So the underlying drug, just to be 

22    clear, is approved by the FDA, correct?  

23                 SENATOR HARCKHAM:   The underlying 

24    drug is approved by the FDA.  And the actual new 

25    variant would need to be approved by the FDA 


                                                               4170

 1    based on the scientific standards that they have 

 2    laid out.

 3                 SENATOR PALUMBO:   Would you yield 

 4    for another question, please, Senator.

 5                 ACTING PRESIDENT BAILEY:   Will 

 6    Senator Harckham yield?  

 7                 SENATOR HARCKHAM:   Absolutely.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Harckham yields.

10                 SENATOR PALUMBO:   Thank you.  

11    Through you, Mr. President.

12                 So it's -- the underlying drug as 

13    well as the actual FDA approval is actually just 

14    for the labeling, that it does have abuse 

15    deterring properties, correct?  

16                 SENATOR HARCKHAM:   Correct.

17                 SENATOR PALUMBO:   Would you yield 

18    for another question, please.  

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor continue to yield?

21                 SENATOR HARCKHAM:   Absolutely.

22                 ACTING PRESIDENT BAILEY:   The 

23    Senator yields.  

24                 SENATOR PALUMBO:   Well, thank you 

25    Senator.


                                                               4171

 1                 And I previously voted for this 

 2    bill, and I've been -- had a number of -- or have 

 3    been contacted and have had a number of new 

 4    information presented to me, and that's really 

 5    what would be the basis of my questions today.

 6                 Because the FDA -- and this is my 

 7    question -- does not approve the efficacy of the 

 8    abuse deterrence, just that they can label in a 

 9    particular fashion; correct?  

10                 SENATOR HARCKHAM:   Well, at least 

11    according to the -- through you, Mr. President.  

12    Through the FDA's website, that they must meet 

13    stringent standards for abuse deterrent 

14    properties.  

15                 Now, let's be very clear.  Any pill 

16    or any opioid can be abused.  So I don't think we 

17    want to be dispelling -- we want to dispel a 

18    notion that these are somehow abuse-proof.  

19    Because yes, maybe they can't be crushed or 

20    snorted or injected, but they can certainly be 

21    swallowed still.  And we want to be very clear 

22    about that.

23                 But according to the FDA's website, 

24    they do set out very strict standards for what 

25    the abuse deterrent must be.


                                                               4172

 1                 SENATOR PALUMBO:   Will you yield 

 2    for another question, please.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Harckham, do you continue to yield?

 5                 SENATOR HARCKHAM:   Absolutely.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Harckham will yield.

 8                 SENATOR PALUMBO:   Thank you, 

 9    Senator.  And thank you for clarifying that.  

10                 Because that is really the basis of 

11    my question, that it of course, because it may 

12    not be able to be crushed or snorted or injected, 

13    it can still be abused orally.  Even with the 

14    anti -- deterrent factors, is that correct?  

15                 SENATOR HARCKHAM:   Absolutely.

16                 SENATOR PALUMBO:   Okay, thank you.  

17                 Would you yield for another 

18    question, please, Senator?  

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Harckham, will you yield?

21                 SENATOR HARCKHAM:   Absolutely.

22                 ACTING PRESIDENT BAILEY:   The 

23    Senator will yield.

24                 SENATOR PALUMBO:   Thank you.  

25                 In light of the fact that that could 


                                                               4173

 1    also be abused, I would like to ask a few 

 2    questions about a full-spectrum type of deterrent 

 3    or a non-full spectrum deterrent.  I don't know 

 4    if -- are you familiar with those terms?  I just 

 5    became familiar with them recently, as a matter 

 6    of fact.

 7                 SENATOR HARCKHAM:   I will become 

 8    familiar in about five seconds, okay?  

 9                 (Laughter.)

10                 SENATOR HARCKHAM:   Okay, through 

11    you, Mr. President.  What specifically are you 

12    referring to?  We know there are differing 

13    categories of the types of deterrent.  If you 

14    could perhaps expound a little bit.

15                 SENATOR PALUMBO:   Well, certainly.  

16                 And through you, Mr. President, my 

17    understanding is that -- I guess to make it a 

18    little bit easier, to rephrase it, that a 

19    full-spectrum deterrent means that it is not 

20    subject to abuse at all.  

21                 A non-full spectrum, for example, is 

22    what I would suggest these types of deterrents 

23    are, with our current technology, is that they 

24    cannot be abused through injection or snorting, 

25    by crushing them and so forth, but they can still 


                                                               4174

 1    be abused orally.  You can take the pill and you 

 2    can take more than prescribed and you can still 

 3    ultimately have a dependency or other issues that 

 4    would result.  

 5                 Does that sound familiar?  Is that 

 6    something --

 7                 SENATOR HARCKHAM:   Yes, thank you 

 8    for that clarification.

 9                 SENATOR PALUMBO:   Thank you, 

10    Senator.  Would you yield for another question, 

11    please.  

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Harckham, will you yield?

14                 SENATOR HARCKHAM:   Absolutely.

15                 ACTING PRESIDENT BAILEY:   The 

16    Senator yields.

17                 SENATOR PALUMBO:   And would you 

18    agree with that notion with respect to these 

19    types of --

20                 SENATOR HARCKHAM:   Yes.

21                 SENATOR PALUMBO:   -- the technology 

22    that we have today?  

23                 SENATOR HARCKHAM:   (Nodding.)

24                 SENATOR PALUMBO:   Thank you.  And 

25    that was a yes, right?  That was a yes? 


                                                               4175

 1                 SENATOR HARCKHAM:   Yes.  

 2    Absolutely.

 3                 SENATOR PALUMBO:   Would you 

 4    continue to yield, please?  

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Harckham, do you yield?  

 7                 SENATOR HARCKHAM:   I would.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Harckham yields.

10                 SENATOR PALUMBO:   And so the 

11    effects of this bill, Senator, requiring everyone 

12    to have some sort of a quantity of these 

13    abuse-deterrent formulations, is quite a 

14    significant -- is at a significant cost.  

15                 Because I have some information here 

16    that the financial ramifications are such that -- 

17    and just -- I guess I'll ask the question, I'll 

18    go through those numbers to keep things moving, 

19    and please let me know if you believe otherwise.

20                 That there was a study about best 

21    retail price of abuse deterrent morphine products 

22    against generic extended-release morphine 

23    products, using 30 milligram doses, 60-day 

24    supplies.  The generic morphine was $43.82 for a 

25    month's supply, while abuse deterrent morphine 


                                                               4176

 1    was between $567 and $1,013.  And for example, 

 2    the Department of Veterans Affairs spent nearly 

 3    $100 million in fiscal year 2016 on opioids for 

 4    1.2 million patients with at least one opioid 

 5    prescription.  And only 1.9 percent of the 

 6    opioids dispensed were for an abuse-deterrent 

 7    product, but they accounted for 37 percent of 

 8    those costs.

 9                 So they're extremely expensive.  And 

10    so I guess just maybe -- would you agree with 

11    those -- and even just generally, that they're 

12    significantly more expensive than the actual 

13    opioids themselves?  

14                 SENATOR HARCKHAM:   Through you, 

15    Mr. President, I would agree that they are more 

16    expensive, without question.

17                 I would make one correction.  I 

18    believe in the beginning of your question you 

19    said they were expensive to require to keep on 

20    hand.  There's nothing in this bill about 

21    requiring pharmacies to stock these.  

22                 This is an insurance bill that would 

23    simply require plans in New York to cover one 

24    formulary, and they could have a choice among 

25    several brands.  And they could make that cost 


                                                               4177

 1    determination themselves.  But this is about 

 2    insurance coverage, not about forcing folks to 

 3    stock supplies.

 4                 SENATOR PALUMBO:   Would you yield 

 5    for another question, please, Senator?

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Harckham, will you yield?

 8                 SENATOR HARCKHAM:   Absolutely.

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Harckham yields.

11                 SENATOR PALUMBO:   And thank you for 

12    that clarification, because I did get some 

13    concerns from smaller hospitals and so forth, 

14    they would have to keep them.  But there's 

15    nothing right now that precludes physicians from 

16    prescribing abuse-deterring formulations, is that 

17    correct? 

18                 SENATOR HARCKHAM:   Correct.

19                 SENATOR PALUMBO:   Would you yield 

20    for another question, please.

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield?

23                 SENATOR HARCKHAM:   Absolutely.

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Palumbo, please make sure you're directing the 


                                                               4178

 1    comments the chair, as opposed to Senator 

 2    Harckham.

 3                 SENATOR PALUMBO:   Yes, certainly.  

 4    Thank you, Mr. President, I will.  Old habits die 

 5    hard.

 6                 ACTING PRESIDENT BAILEY:   Redirect.  

 7                 (Laughter.)

 8                 SENATOR PALUMBO:   So, Senator 

 9    Harckham -- and I'll get right to the point on 

10    that, because we've obviously been here for 

11    quite -- we've had kind of a longer day.  

12                 This legislation was previously 

13    presented to the floor, it was previously passed, 

14    and the previous Governor did veto it.  And there 

15    weren't -- there were some other concerns 

16    regarding studies, so -- and the veto memo from 

17    2016 specifically said "Much greater study is 

18    warranted to ensure such drugs would achieve 

19    their intended effect and not cause greater 

20    harm."

21                 This was -- the Department of Health 

22    and Department of Financial Services were 

23    directed to study the costs associated with 

24    prescribing abuse-deterring drugs and whether the 

25    benefits of such drugs necessitate a change to 


                                                               4179

 1    the drug formulary.  And to my understanding, 

 2    neither of these studies have been released as of 

 3    today.  Is that accurate?

 4                 SENATOR HARCKHAM:   Through you, 

 5    Mr. President, I do not know.  We will get that 

 6    answer for you.  

 7                 But what I would say is via the 

 8    former Governor's veto message, we had the same 

 9    issue when it came to medicine-assisted treatment 

10    for Medicaid.  And so it was an equity issue.  

11    And that's why this body was so persistent that 

12    folks on private insurance, Mr. President, could 

13    get access to this life-saving medication and 

14    folks on Medicaid could not.  And that was an 

15    issue with the prior Governor.  

16                 And so in that veto message that you 

17    refer to, it was an instance, I believe, of the 

18    former Governor putting costs before the welfare 

19    of patients.

20                 SENATOR PALUMBO:   Through you, 

21    Mr. President, would Senator Harckham yield for 

22    another question.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Harckham, do you yield?  

25                 SENATOR HARCKHAM:   I do, 


                                                               4180

 1    Mr. President.  

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Harckham yields.

 4                 SENATOR PALUMBO:   Thank you, 

 5    Senator.  I appreciate that.

 6                 And as far as the balance between 

 7    costs versus patient, I don't think there's a 

 8    person in this room that thinks that should even 

 9    be considered at this point, regarding safety of 

10    people and the opioid crisis.  

11                 But I do have here from the 

12    New England Journal of Medicine a published 

13    article indicating how in fact the benefits may 

14    not actually be what we think they are.

15                 A study involving people who had -- 

16    and I'm reading directly from the article.  And 

17    I'd like to have you possibly reconcile that.  "A 

18    study involving people who had misused Oxycontin 

19    and were entering treatment programs revealed 

20    that although use of the pills decreased after 

21    the release of an abuse deterrent formulation, 

22    25 to 30 percent of participants had continued to 

23    use the new formulation" -- after they were no 

24    longer prescribed it, they had begun abusing it, 

25    either because they found a way to defeat the 


                                                               4181

 1    abuse-deterrent features or because they were 

 2    taking the pills orally.

 3                 More strikingly -- this is the 

 4    serious part -- the majority of people who were 

 5    discouraged by the new formulation reported 

 6    switching to heroin.  That's the majority of 

 7    approximately 30 percent of the individuals who 

 8    were prescribed ADFs.  

 9                 So regarding their overall 

10    productivity, efficacy, however you want to 

11    describe it, can you reconcile that with respect 

12    to -- because really what -- and the point of my 

13    questioning is this bill is pushing not only 

14    insurers to cover it, but more of them to be out 

15    in our society, in our community, thinking that 

16    they're the most wonderful formulation or that 

17    they're the best possible answer.

18                 So I'm wondering if you could 

19    reconcile those numbers and if you have any 

20    information that that is inaccurate, please.

21                 SENATOR HARCKHAM:   Through you, 

22    Mr. President, I would take strong exception with 

23    the categorization that this is pushing more out 

24    and that they are harmless.  

25                 I would also, on a personal level -- 


                                                               4182

 1    I can't speak to the sponsor of the bill's 

 2    premise here.  But the wisdom of prescribing an 

 3    opioid to someone who has already gone through 

 4    treatment for opioids -- to me, that is highly 

 5    questionable.  

 6                 So the basis of the study starts 

 7    from a highly questionable point.  If someone's 

 8    been in treatment for addiction to opioids, then 

 9    treating them with opioids, whether it's an abuse 

10    deterrent or not, you know, begins that whole 

11    cycle again.  So I would disagree medically with 

12    that entire premise.

13                 I think where this type of 

14    technology comes in -- for instance, if somebody 

15    lives with somebody or lives in an environment 

16    where medication might be stolen, might be 

17    absconded with, might be appropriated -- look, 

18    the whole work that we're doing is trying to 

19    reduce demand, reduce supply.  And that's what we 

20    do here.  

21                 This bill is really an insurance 

22    bill.  Right?  We don't want to -- there are 

23    people who have chronic medical conditions who 

24    may need an opioid, and we know that.  We want to 

25    reduce them as much as we can, but some people 


                                                               4183

 1    medically need an opioid.

 2                 So this bill simply says that if you 

 3    need an opioid prescribed by your doctor and they 

 4    happen to recommend a brand-name opioid deterrent 

 5    formulary, that New York State Medicaid must pay 

 6    for that.  That's all this bill does.  It doesn't 

 7    promote a technology, it doesn't promote a brand, 

 8    it doesn't promote a modality of treatment.  It 

 9    simply says that if a doctor prescribes something 

10    that they were going to prescribe as medically 

11    necessary, Medicaid needs to pay for it.

12                 SENATOR PALUMBO:   Thank you, 

13    Senator Harckham.  I appreciate your time.  

14                 On the bill, please, Mr. President.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Palumbo on the bill.

17                 SENATOR PALUMBO:   And thank you.  

18    And I really appreciate Senator Harckham for his 

19    comments.  And we all agree, and I absolutely 

20    agree with him that we need to do what we can 

21    regarding the opioid crisis.  

22                 But this is actually somewhat 

23    counterintuitive.  And this bill, by the way, was 

24    originally -- it originated in the Republican 

25    Conference several years ago, when they were in 


                                                               4184

 1    the majority.  So -- and I previously, as I said, 

 2    voted yes.  

 3                 But the more that I've gotten into 

 4    these numbers and taken a look at it, I 

 5    unfortunately am uncomfortable with this bill 

 6    because the jury is still out.  We know it's not 

 7    the brass ring.  We know about one-third of 

 8    people who are prescribed these ADFs actually end 

 9    using -- not only becoming addicted to it, they 

10    end up going to the cheaper alternative, which is 

11    even worse, and that's street heroin.

12                 So I understand certainly where 

13    we're going.  But let's remember who caused the 

14    opioid crisis, the Big Pharma.  Eight I believe 

15    billion dollars they paid.  There were criminal 

16    convictions.  Because at the time originally 

17    physicians thought when we need to -- we need to 

18    make people comfortable, so let's prescribe this 

19    miracle drug.  And they concealed the addictive 

20    qualities of it.  And then we had a horrendous 

21    epidemic.  

22                 And in fact I do have some 

23    information that I got from the Medical Society, 

24    who certainly has done a lot, they have come a 

25    very long way over the years, and that was 


                                                               4185

 1    because of conservative treatments.  They didn't 

 2    give them out like candy.  And quite frankly 

 3    those of us in this building did some really good 

 4    things as well.  We created the I-STOP program so 

 5    people couldn't doctor shop, get 30 days of pills 

 6    here, 60 days of pills there.  Then we reduced -- 

 7    in a budget a few years ago we reduced the amount 

 8    of pills prescribed, that you wouldn't get a 

 9    90-day supply for a shoulder surgery because you 

10    need about 20 pills tops, maybe 10, until you 

11    start feeling better and you don't need them 

12    anymore.  So that's been the dynamic here that 

13    we've had to deal with.  

14                 So now, what does this do?  This 

15    requires insurers to pay for an extremely 

16    expensive alternative that is not the be-all, 

17    end-all.  And what is this doing?  This is 

18    putting big money in the pockets of Big Pharma, 

19    because doctors would think -- in fact, there was 

20    a study that indicated that physicians thought 

21    that there were no addictive qualities.  

22                 Fifty percent of physicians, I 

23    believe, polled in that study -- almost half, 

24    just under 50 -- thought that there were no 

25    addictive qualities to ADFs, that they were a 


                                                               4186

 1    beautiful thing.  But obviously they can still be 

 2    taken orally.  And then you see all these other 

 3    studies that have revealed some really 

 4    significant problems.  

 5                 So the Department of Health and 

 6    Department of State continues to sit on their 

 7    hands.  I think the study should be completed and 

 8    we should find out what the heck is going on with 

 9    this and what can we do to make it better.  But 

10    the jury's still out.

11                 So for those reasons -- I certainly 

12    appreciate this is something that is not an easy 

13    answer, we all agree.  But the medical profession 

14    finally realized, once everything was revealed 

15    through a criminal case and a huge lawsuit, that 

16    these drugs are highly addictive.  So they now 

17    have been conservatively treating people, and 

18    they are very tight with the leash when it comes 

19    to prescribing opioids.  

20                 So there's a lot more progress to be 

21    made, we get that.  But I don't know if right now 

22    this is the answer.  And for those reasons, I'm 

23    going to vote no.

24                 Thank you, Mr. President.

25                 ACTING PRESIDENT BAILEY:   Are there 


                                                               4187

 1    any other Senators wishing to be heard?

 2                 Seeing and hearing none, debate is 

 3    closed.  The Secretary will ring the bell.

 4                 Read the last section.

 5                 THE SECRETARY:   Section 2.  This 

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

 7    shall have become a law.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Harckham to explain his vote.

13                 SENATOR HARCKHAM:   Thank you very 

14    much, Mr. President.

15                 Just two quick points.  Number one, 

16    people may wonder what the Majority Leader does 

17    when she is not in this chair on the floor.  

18    Well, she's watching the debate and texting me 

19    that Senator Brouk actually had a baby girl, not 

20    a baby boy.  

21                 (Laughter.)

22                 SENATOR HARCKHAM:   So I stand 

23    corrected on this floor and in public, and I 

24    apologize to Senator Brouk.

25                 So just let us know that that record 


                                                               4188

 1    is clear.

 2                 (Laughter.)

 3                 SENATOR HARCKHAM:   I want to thank 

 4    Senator Palumbo for an excellent discussion.  You 

 5    know, I think we're pretty close on a lot of the 

 6    issues that we discussed.  

 7                 I think where Senator Brouk was 

 8    going with this bill, and I agree, this is simply 

 9    an insurance bill.  It's not promoting a drug, 

10    it's not promoting a technology.  It's simply an 

11    equity issue saying that if a doctor prescribes a 

12    certain medication, that Medicaid should cover 

13    that medication.  And that has been our practice 

14    in much of what we've done here.

15                 So for that reason, I'll be voting 

16    aye.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Harckham to be recorded in the affirmative.

19                 In the affirmative, Senator 

20    Harckham?

21                 SENATOR HARCKHAM:   Oh, in the 

22    affirmative.  I apologize.  It's been a long 

23    week.

24                 ACTING PRESIDENT BAILEY:   It's been 

25    a long week.


                                                               4189

 1                 Senator Harckham to be recorded in 

 2    the affirmative, and the record is corrected as 

 3    to Senator Brouk's child.

 4                 (Laughter.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar Number 1357, voting in the negative:  

 9    Senator Palumbo.

10                 Ayes, 60.  Nays, 1.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 Senator Gianaris, that completes the 

14    reading of today's controversial calendar.

15                 SENATOR GIANARIS:   Thank you, 

16    Mr. President.  Back to motions for a moment.  

17                 I offer amendments to the following 

18    Third Reading Calendar bills:  

19                 By Senator Parker, page 5, 

20    Calendar 120, Senate Print 5451B; 

21                 By Senator Hoylman, page 40, 

22    Calendar 1192, Senate Print 8439A. 

23                 ACTING PRESIDENT BAILEY:   The 

24    amendments are received, and the bills will 

25    retain their place on the Third Reading Calendar.


                                                               4190

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   I also wish to 

 3    call up the following bills, recalled from the 

 4    Assembly, which are now at the desk:  Senate 

 5    Bills 3959A and 4738.

 6                 (Pause.)

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Gianaris.

 9                 SENATOR GIANARIS:   I think where we 

10    left off, Mr. President, was I wanted to call up 

11    Senate Bills 3959A and 4738, which were recalled 

12    from the Assembly and are now at the desk. 

13                 ACTING PRESIDENT BAILEY:   The 

14    Secretary will read.

15                 THE SECRETARY:   Calendar Number 80, 

16    Senate Print 4738, by Senator Ramos, an act to 

17    amend the Labor Law. 

18                 Calendar Number 907, Senate Print 

19    3959A, by Senator Kennedy, an act to amend the 

20    Public Authorities Law.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 THE SECRETARY:   Ayes, 61.  

25                 ACTING PRESIDENT BAILEY:   The bills 


                                                               4191

 1    are restored to their place on the Third Reading 

 2    Calendar.

 3                 SENATOR GIANARIS:   I now move to 

 4    reconsider the votes by which these bills were 

 5    passed.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    amendments are received, and the bills will 

 8    retain their place on the Third Reading Calendar.

 9                 (Laughter.)

10                 SENATOR GIANARIS:   I now offer the 

11    following amendments.  

12                 Actually, Mr. President, I think we 

13    have to have the vote to reconsider.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 THE SECRETARY:   Ayes, 61.

18                 ACTING PRESIDENT BAILEY:   The bills 

19    are restored to their place on the Third Reading 

20    Calendar.  

21                 SENATOR GIANARIS:   I now offer the 

22    following amendments.

23                 ACTING PRESIDENT BAILEY:   Now the 

24    amendments are received, and the bills will 

25    retain their place on the Third Reading Calendar.


                                                               4192

 1                 SENATOR GIANARIS:   And finally, 

 2    Mr. President, on behalf of Senator Kaplan, I 

 3    offer the following amendments to Calendar Number 

 4    1574, Senate Print 8752, and ask that said bill 

 5    retain its place on Third Reading Calendar.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    amendments are received, and the bill will retain 

 8    its place on the Third Reading Calendar.

 9                 SENATOR GIANARIS:   Is there any 

10    further business at the desk?

11                 ACTING PRESIDENT BAILEY:   There is 

12    no further business at the desk.

13                 SENATOR GIANARIS:   Move to adjourn 

14    until Tuesday, May 31st, at 3:00 p.m., with the 

15    intervening days being legislative days.

16                 ACTING PRESIDENT BAILEY:   On 

17    motion, the Senate stands adjourned until 

18    Tuesday, May 31st, at 3:00 p.m., with intervening 

19    days being legislative.

20                 (Whereupon, at 2:57 p.m., the Senate 

21    adjourned.)

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